A.
Purpose. Such regulations are deemed necessary to
achieve the following purposes:
(1)
Promote orderly development: to protect the character
and to maintain the stability of all areas within the community and
to promote the orderly and beneficial development of such areas.
(2)
Promulgate rules and regulations: to provide rules,
regulations and procedures where applicable and to the extent the
same have not been otherwise promulgated by ordinance in the Township
of Rochelle Park which will guide the appropriate development of lands
within the Township in a manner which will promote the public health,
safety, morals and general welfare.
(3)
To protect against hazards and danger: to secure safety
from fire, flood, panic and other natural and man-made disasters.
(4)
Design standards: to encourage the design and location
of streets which will promote the free flow of traffic while discouraging
the location of such facilities and routes which will result in congestion.
(5)
Creative development techniques: to promote a desirable
physical environment through creative development techniques, design
and arrangement.
(6)
Open spaces: to promote the conservation of open space
and to protect the natural resources and to prevent overcrowding through
improper land use.
(7)
All residential development shall comply with the
Residential Site Improvement Standard of the State of New Jersey.
B.
Conditional approval. The applicant shall comply with
reasonable conditions laid down by the approving authority for design,
dedication, improvements and the use of the land to conform to the
physical and economical development of the municipality and to the
safety and general welfare of the future residents/owners in the development
and the community at large. Where County Planning Board review or
approval is required on a subdivision or site plan, the approving
authority shall condition any approval it grants upon either timely
receipt of a favorable report from the County Planning Board or approval
by the County Planning Board due to its failure to submit a report
within the required time period.
[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No.
1038-11]
C.
Exceptions to design and performance standards. The
approving authority, when acting upon applications, shall have the
power to grant such exceptions from the subdivision and site plan
requirements of this chapter as may be reasonable and within the general
purpose and intent of the provisions for subdivisions, plat, site
plan review and approval if the literal enforcement of one or more
provisions of this chapter is impracticable or will exact undue hardship
because of peculiar conditions pertaining to land in question.
D.
Exemptions from subdivision and site plan regulations.
The approving authority may waive required notices and hearings for
exempt subdivisions and exempt site plans except where a variance
or conditional use is part of the application. Divisions of land not
considered a subdivision, as defined in this chapter, shall be exempt
from compliance with the requirements of this chapter only after affirmative
action by the approving authority. Such action shall be taken following
submission of documentation to the approving authority showing the
division of land for agricultural purposes where all resulting parcels
are 10 acres or larger in size, divisions by testamentary or intestate
provisions, divisions of property by court order and conveyance so
as to combine existing lots by deed or other instrument, as the case
may be. Until exempted from the subdivision regulations by the approving
authority, no person can transfer, sell or agree to transfer or sell,
as owner or agent, any land which forms a part of a subdivision for
which approval is required. Until exempted from the site plan regulations
by the approving authority, no alterations or improvements shall be
made nor permits issued.
E.
Simultaneous review or separate applications.
(1)
The approving authority shall have the power to act
upon subdivisions, conditional uses or site plans simultaneously without
the developer making further application or the approving authority
being required to hold further hearings. The longest time period for
action by the approving authority, whether it is for subdivision,
conditional use or site plan approval, shall apply. Whenever approval
of a conditional use is requested by the developer in conjunction
with a site plan or subdivision, notice of the hearing on the plat
shall include reference to the request for such conditional use.
(2)
The Board of Adjustment, when reviewing an application
for a "d" variance, shall have the power to grant site plan and subdivision
approval to the same extent and subject to the same restrictions as
the Planning Board.
[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No.
1038-11]
(3)
Upon submission of an application for development
pursuant to this section, the applicant shall also submit copies of
all plans, applications and other submission to the Bureau of Fire
Prevention, which shall conduct a review of the same and submit a
written report with recommendations to the approving authority.
[Added 3-17-2004 by Ord. No. 904-04]
F.
Use variance applications. All use variance applications shall be accompanied by plans plus other supporting documents as required for subdivision and site plan approval. (See also § 185-27B.)
G.
Residential development. All residential applications
for development or variances on existing residences are subject to
the residential site improvement standards.
H.
Submission of concept plan for informal review.
(1)
An informal review of a concept plan is optional.
At the request of the developer, the Planning Board shall grant an
informal review of a concept plan for a development for which the
developer intends to prepare and submit an application for development.
The purpose will be to review concepts to assist the applicant in
the preparation of subsequent plans. Other than classification, no
decisions will be made, no hearings held and no formal action taken.
Neither the developer nor the approving authority shall be bound by
this informal review.
[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No.
1038-11]
(2)
Filing procedure and information for concept review.
(a)
The developer shall file with the Secretary,
at least 15 days prior to the meeting of the approving authority,
16 copies of the concept plan and five copies of the completed application
form.
(b)
The concept plan is considered a sketch or general
plan neither fully engineered nor surveyed. Information used to prepare
the concept plan can be available from secondary source information
such as the Soil Conservation Survey Map or United States Geodetic
Survey maps, but should be sufficiently detailed to allow the Planning
Board to make suggestions on general site design and layout for circulation,
stormwater management, location of open space and buffers and building
arrangements and to determine how the land use code affects the proposal.
[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No.
1038-11]
I.
Site plan approval required.
[Added 2-21-2001 by Ord. No. 821]
(1)
Site plan approval, when required.
(a)
Site plan review shall not be required for single-
and two-family dwellings or such accessory uses as private garages,
toolhouse, garden and private greenhouses, swimming pool and other
similar use incidental to a single- or two-family detached dwelling
or for similar improvements as accessory uses to a principal use.
(b)
Site plan approval shall not be required where:
[1]
Minor repairs and alterations to the interior
of the building do not involve structural change or enlargement of
the building, as determined by the Construction Officer.
[2]
Renovations or alterations to the exterior design
of a building or structure which do not involve any enlargement of
the building or major structural change, as determined by the Construction
Official.
(c)
Except as provided herein, all construction,
reconstruction, alteration or enlargement of a building or structure
or change in use (whether to a permitted use, the same use or different
permitted use), change in tenancy, change in ownership or lot shall
require site plan approval.
(d)
Any determination by the Construction Official
that site plan approval is not required pursuant to this section shall
be set forth in writing by the Construction Officer with copies of
said letter filed with the applicant and the Township Committee.
(e)
Upon referral by the Construction Official,
and at its discretion, the approving authority for site plan approval,
anything herein notwithstanding, where in the authority's judgment,
the construction, reconstruction, alteration, change of tenancy, change
of use or change of ownership (whether to a permitted use, the same
use or different permitted use) will not significantly affect traffic,
water supply, sewage 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, may waive the submission of formal site plan approval.
The waiver of such formal submission of site plan review may be subject
to appropriate conditions and any such waiver decision shall be reduced
to writing in the same manner as other land use decisions are rendered.
The cost of any such waiver procedure shall be borne by the applicant
in accordance with the applicable fee schedule.
Preliminary plats are required for all major
site plans and major subdivisions.
A.
Filing procedure.
(1)
The developer shall complete all portions of the application
form and, along with one copy of a plan, file with the administrative
officer no later than 25 days prior to the date set for the hearing.
This initial application will be reviewed for completeness and returned
with notations and/or suggestions for the applicant to prepare the
final application. Within 15 days of the scheduled meeting the following
material must be submitted to the administrative officer: 16 copies
of the application, all plot plans, maps and other papers required
by virtue of any provision of this chapter, as well as the applicable
fee and certification by the Tax Collector that all taxes are paid
to date.
(2)
A corporation or partnership applying for permission
to subdivide a parcel of land or for a variance to construct multiple
dwellings or for approval of a site to be used for commercial purposes
shall list the names and addresses of all stockholders or individual
partners owning at least 10% of its stock of any class or at least
10% of the interest in the partnership, as the case may be. If a corporation
or partnership owns 10% or more of the stock of a corporation or a
ten-percent or greater interest in a partnership, subject to the above
disclosure, that corporation or partnership shall list the names and
addresses of its stockholders holding 10% or more of its stock or
a ten-percent or greater interest in the partnership, as the case
may be, and this requirement shall be followed by every corporate
stockholder or partner in a partnership, until the names and addresses
of the noncorporate stockholders and individual partners exceeding
the ten-percent ownership criterion established in this subsection
have been listed. No Planning Board, Board of Adjustment or municipal
governing body shall approve the application of any corporation or
partnership which does not comply with this requirement of N.J.S.A.
40:55D-48.1. The penalty for concealment by a corporation or a partnership
shall be as outlined in N.J.S.A. 40:55D-48.1.
[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No.
1038-11]
B.
Action by approving authority.
(1)
The approving authority shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified, in writing, within 45 days of submission in accordance with § 185-11.
(2)
Public hearing. If accepted as an application, a public
hearing date shall be set by the approving authority and notice given.
(3)
Upon submission of a plat, the administrative officer
shall submit one copy of the plat and supporting data to the Municipal
Engineer, Environmental Commission, Board of Health and any other
agency or person as directed by the approving authority for review
and action. Each shall have not more than 30 days from receipt of
the plat to report to the approving authority. In the event of disapproval,
such report shall state the reasons therefor. If any agency or person
fails to submit a report within 30 days, the plat shall be deemed
to have been approved by it. Upon mutual agreement between the County
Planning Board and the approving authority, with approval of the developer,
the thirty-day period for a County Planning Board report may be extended
for an additional 30 days, and any extension shall so extend the time
within which the approving authority is required to act.
[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No.
1038-11]
(4)
The approving authority shall grant or deny preliminary
subdivision approval within the following time periods unless some
further time has been consented to by the developer. Otherwise, the
approving authority shall be deemed to have granted preliminary approval
of the subdivision:
(5)
The approving authority shall grant or deny preliminary
site plan approval within the following time periods unless some further
time has been consented to by the developer. Otherwise, the approving
authority shall be deemed to have granted preliminary approval of
the site plan.
(6)
If the approving authority required any substantial
amendment in the layout of improvements in either a site plan or subdivision
and that plan had been the subject of a hearing, an amended application
shall be submitted and proceeded upon as in the case of the original
application for development. The approving authority shall, if the
proposed development complies with this chapter, grant preliminary
approval.
(7)
The approving authority may approve, disapprove or approve with conditions the application, including action on the environmental impact report (§§ 185-73 and 185-82). The decision shall be in writing and shall be sent to the applicant and the newspaper as required by § 185-35. If the approving authority grants preliminary approval, its Chairman and Secretary or the Vice Chairman or Assistant Secretary, in their absence, respectively, and the Municipal Engineer shall sign each page of the plat indicating the approval. If the plat is conditionally approved, it shall not be signed until all conditions are corrected on the plat. If the corrections are not completed within 90 days of the conditional approval, the conditional approval shall lapse.
(8)
Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval; otherwise the approval shall be void (see § 185-11):
(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,
curbs and sidewalks; lot size; yard dimensions; off-tract improvements;
and any requirements peculiar to site plan approval, except that nothing
herein shall be construed to prevent the Township 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 plat.
(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.
(9)
In the case of a development for an area of 50 acres or more, the approving authority may grant the rights referred to in Subsection B(8) above for such period of time longer than three years as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section(s) awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
A.
Filing procedure.
(1)
Prior to the expiration of preliminary plat approval,
the developer shall file with the administrative officer, at least
15 days prior to the meeting of the approving authority, two translucent
tracing cloth or Mylar copies; nine black-on-white paper prints of
the plat; two completed copies of the application form and final plat
checklist; the performance guaranty approved by the governing body,
including off-tract improvements, if any; any maintenance guaranties;
the applicable fee; certification by the Tax Collector that all taxes
are paid to date; certification by the Soil Conservation District
pursuant to the Soil Erosion and Sediment Control Act, Chapter 251
of the Laws of 1975; and if common open space lot or lots are included
in the application, a separate map showing the individual lot or lots
that are to be designated as common open space, which map shall have
shown thereon the data listed on the Application Checklist in Appendix
A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
(2)
Where utility services are to be extended to the development,
the final plat shall be accompanied by letters directed to the Chairman
of the approving authority and signed by a responsible officer of
the water company, sewer authority and utility which provides gas,
telephone and electricity that has jurisdiction in the area. Such
letters shall approve each proposed utility installation design and
state who will construct the facility.
(3)
The final plat shall be accompanied by a statement
by the Municipal Engineer that he is in receipt of a map showing all
utilities and other improvements (both in the development and off-tract
improvements) in exact location and elevation; that he has examined
the street, drainage erosion, stormwater control and excavation plans
and found that the interests of the Township and of nearby properties
are fully protected and identifying those portions of any improvements
already installed; and that the developer has either:
B.
Action by approving authority.
(1)
The approving authority shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified within 45 days of submission. (See § 185-11.) If accepted as a complete application, the approving authority shall grant final approval if the detailed drawings, specifications and estimates conform to the standards established by this chapter, the conditions of previous reviews, the changes and/or conditions required on the informal plat in cases where there has been no preliminary plat, and the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. In the case of a minor or exempt subdivision or minor or exempt site plan where there has been no previous submission of an informal or preliminary plat, the approving authority may waive the required notices and hearing. In the case of a planned development, the approving authority may permit minimal deviations from the conditions of preliminary plat approval necessitated by a change of conditions beyond the control of the developer since the date of preliminary approval. Minimal deviations shall not require the developer to submit another application for preliminary approval.
(2)
Final approval shall be granted or denied within 45
days after submission of a complete application to the administrative
officer or within such further time as may be consented to by the
applicant. An approved final plat shall be signed by the Chairman
and Secretary of the approving authority or the Vice Chairman or Assistant
Secretary in their absence, respectively. 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. Such certificate shall be sufficient in lieu of
the written endorsement or other evidence of approval herein required
and shall be so accepted by the County Recording Officer for purposes
of filing subdivision plats.
(3)
Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.3 or 40:27-6.6,
the approving authority shall condition any approval that it grants
upon timely receipt of a favorable report from the County Planning
Board or upon its failure to submit a report within the required time
period.
[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No.
1038-11]
(4)
Final approval of a minor subdivision shall expire
190 days from the date of municipal approval unless a plat in conformity
with such approval, including any conditions imposed by the approving
authority and in conformity with the provisions of the Map Filing
Law (N.J.S.A. 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 Municipal Engineer and the Township Tax Assessor.
Such plat or deed accepted for such filing shall have been signed
by the Chairman and Secretary of the approving authority or the Vice
Chairman or Assistant Secretary in their absence, respectively. In
reviewing the application for development for a proposed minor subdivision,
the approving authority may accept a plat not in conformity with the
Map Filing Law, provided that if the developer chooses to file the
minor subdivision by plat rather than deed, such plat shall conform
to the provisions of said law.
(5)
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless within such a
period the plat shall have been duly filed by the developer with the
County Recording Officer. The approving authority may for good cause
shown extend the period for recording for an additional period not
to exceed 190 days from the date of the signing of 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 the Vice Chairman or Assistant Secretary
in their absence, respectively, or a certificate has been issued as
to the failure of the approving authority to act within the required
time. The signatures of the Chairman and Secretary shall not be affixed
until the developer has posted the required guaranties. If the County
Recording Officer records any plat without such approval, such recording
shall be deemed null and void, and upon request of the municipality,
the plat shall be expunged from the official records. It shall be
the duty of the County Recording Officer to notify the Planning Board,
in writing, within seven days of the filing of any plat, identifying
such instrument by its title, date of filing and official number.
[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No.
1038-11]
(6)
Provided that the approved final subdivision plat
has been filed with the County Recording Officer, the zoning requirements
applicable to the preliminary approval first granted to a site plan
or a major subdivision and all other rights conferred upon the developer
pursuant to the Municipal Land Use Law, whether conditionally or otherwise,
shall not be changed for a period of two years after the date of final
approval. If the developer has followed the standards prescribed for
final approval, the approving authority may extend such period of
protection for extensions of one year, but not to exceed three extensions.
Upon granting of final approval, the rights conferred upon the applicant
by the granting of preliminary approval shall be terminated upon final
approval.
(7)
Provided that the approved final plat of a minor subdivision
has been filed with the County Recording Officer, the zoning requirements
and general terms and conditions, whether conditional or otherwise,
upon which minor subdivision approval was granted shall not be changed
for a period of two years after the date of minor subdivision approval.
(8)
The developer shall supply sufficient copies of the
approved final plat so the administrative officer can distribute one
copy to each of the following: Township Clerk, Construction Official,
Tax Assessor, County Planning Board, Township Planning Board and any
other agency or person directed by the approving authority and shall
supply one translucent cloth or Mylar copy to the Municipal Engineer.
[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No.
1038-11]
Plat conformity. All applications shall be submitted
in plat form and all plats shall conform to the submission requirements.
All plats shall be drawn by a licensed land surveyor and all drawings
of improvements shall be prepared by a professional engineer and all
such drawings shall bear the signature, embossed seal, license number
and address of the preparer. Subdivision requirements are set forth
in the checklist in Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
Plat conformity. All applications shall be submitted
in plat form and all plats shall conform to submission requirements.
All plats shall be drawn by a licensed New Jersey engineer or architect
and shall bear the signature, embossed seal, license number and address
of the engineer, except that plats submitted under the informal discussion
provisions and sketch plats of minor site plans are exempt from this
requirement. Site plan requirements are set forth in the checklist
in Appendix A.[1]
A.
As-built site plan required upon project completion.
At the conclusion of construction and prior to issuance of a certificate
of occupancy, for any project which require site plan approval or
any project which has resulted in an alteration of the grade elevations,
a plan, prepared by a licensed New Jersey Engineer, bearing the signature,
seal, license number and address of the engineer, shall be submitted
to the Building Department which shall include the following information:
[Added 3-17-2004 by Ord. No. 904-04]
B.
Upon submission of this plan, it shall be reviewed
by the Township Engineer or Construction Official. All fees in connection
with said review shall be the responsibility of the applicant to be
paid from escrows submitted in connection with the application.
[Added 3-17-2004 by Ord. No. 904-04]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
