Bergenfield, NJ Zoning Ordinance

Any owner of land within the Borough shall, prior to subdividing or resubdividing land, as defined in this chapter, submit to the Secretary of the Planning Board at least two weeks prior to the regular meeting of the Board, nine copies of a sketch plat of the proposed subdivision for purposes of classification and preliminary discussion.

If classified and approved as a minor subdivision by unanimous action of the Subdivision Committee, a notation to that effect will be made on the sketch plat. (Where county Planning Board approval is required, it will be forwarded to that Board for its consideration). The plat will then be signed by the Secretary and Chairperson of the Planning Board, and returned to the subdivider within one week following the next regular meeting of the Planning Board.

Minor subdivisions. Minor subdivision approvals shall be granted or denied within 45 days of the date of submission of a sketch plat to the Planning Board or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire 190 days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the provisions of 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 Municipal Engineer and the Municipal Tax Assessor and filed or recorded by the developer with the County Recording Office.

Submission of preliminary plat of major subdivision for tentative approval.

[Amended 7-17-1979 by Ord. No. 1134]

At least eight black-on-white prints of the preliminary plat together with three completed application forms for preliminary approval shall be submitted to the Construction Official two weeks prior to the Planning Board meeting at which consideration is desired. At the time of filing, a fee of $100 shall be paid to the Borough Clerk. The time for the Board's review shall not begin to run until the submission of a complete application with the required fee. Unless the applicant is informed in writing by the Secretary of the Planning Board within 45 days of the actual submission of the application that it is incomplete, said application shall be deemed complete as of the date it was submitted.

The applicant shall notify by mail at least ten days prior to the hearing all property owners within 200 feet of the extreme limits of the subdivision as their names appear on the Borough tax record. The notice shall state the time and place of hearing, a brief description of the subdivision and that a copy of the subdivision has been filed with the Borough Clerk for public inspection. The applicant shall also cause notice of the hearing to be published in the official newspaper or a newspaper of general circulation in the Borough at least 10 days prior to the hearing.

Copies of the preliminary plat shall be forwarded by the Secretary of the Planning Board prior to the hearing to the following persons:

Secretary of County Planning Board.

Borough Engineer.

Secretary of the Board of Health.

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

Reservation of public areas.

Before approving a subdivision or site plan, the Planning Board shall require that streets, public drainageways, flood control basins and public areas, designated for reservation on the Master Plan, must 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 up to 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 period or extension thereof, the Borough 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 developer 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 streets and roads or public drainageways necessitated by the subdivision or land development and required for final approval.

The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservations, provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering, or other professional services incurred in connection with obtaining subdivision approval of site plan approval, as the case may be, caused by the reservation.

Upon the submission to the approving authority of an application for development showing development proposed for an area reserved on the Master Plan, the Secretary of the approving authority shall notify the Borough Council in writing of such application, and that the approving authority intends to grant approval for said development in the reserved area unless the Borough Council notifies the approving authority prior to the date for final approval that it intends to reserve the area in question and will provide compensation to the developer for such reservation. Said notice of intent to reserve shall be in the form of a resolution by the Borough Council. The Borough Council shall thereupon proceed either to reach an agreement with the developer as to the amount of compensation to be paid for such reservation, or negotiate a purchase price for said reserved area. Upon the Borough Council arriving at the amount to be paid the developer by way of compensation for reservation or purchase, said amount shall be deposited in escrow for the benefit of the developer.

Time for decision.

Upon the submission to the administrative officer of a complete application for a site plan for 10 acres of land or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for site plan approval also involves an application for relief pursuant to § 186-19 of this chapter, the Planning Board shall grant or deny preliminary approval within 95 days of the date of the submission of a complete application to the Secretary of the Planning Board, or within such further time as may be consented by the applicant.

[Amended 7-17-1979 by Ord. No. 1134]

Upon the submission of a complete application for a site plan for more than 10 acres or for a conditional use approval, the Planning Board shall grant or deny preliminary approval of the site plan and/or approval of the conditional use within 95 days of the date of such submission or within such further time as may be consented to by the applicant.

Upon the submission to the Secretary of the Planning Board of a complete application for a subdivision of 10 or fewer lots, other than a minor subdivision as defined in § 186-88 of this chapter, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for subdivision approval also involves an application for relief pursuant to § 186-19 of this chapter, the Planning Board shall grant or deny preliminary approval within 95 days of the date of submission of a complete application to the Secretary of the Planning Board, or within such further time as may be consented to by the applicant.

Upon the submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer.

Failure of the Planning Board to reach a decision within the specified time periods or extensions thereof shall result in the approval of the subdivision and/or site plan and/or conditional use as submitted.

The Planning Board may waive site plan approval requirements if the construction or alteration or change of occupancy or use does not affect existing circulation, drainage, relationships of buildings to each other, landscaping, buffering, lighting and other considerations of site plan review.

If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The Planning Board shall, if the proposed development complies with this chapter, grant preliminary subdivision or site plan approval.

If the Planning Board acts favorably on a preliminary plat, a notation to that effect shall be made on the plat and the plat shall be signed by the Chairman and Secretary of the Planning Board.

§ 186-90 Rights under preliminary approval.

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

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 and off-tract improvements; and, in the case of a site plan, existing natural resources to be preserved on the site; vehicular and pedestrian circulation, parking and loading; screening, landscaping and location of structures; exterior lighting both for safety reasons and streetlighting; 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;

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 or site plan; and

That the applicant may apply for and the reviewing board 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 may govern.

In the case of a subdivision or site plan for an area of 50 acres or more, the reviewing board may grant the rights referred to in Subsections A(1), (2) and (3) above for such period of time, longer than three years as shall be determined by the reviewing board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; economic conditions; and the comprehensiveness of the development. The applicant may apply for thereafter and the reviewing board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the reviewing board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; and the potential number of dwelling units and nonresidential floor area of the section or sections 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.

§ 186-91 Submission of final plat of major subdivision.

The final plat shall be submitted to the Secretary of the Planning Board for forwarding to the Board for final approval within three years from the date of preliminary approval. The Planning Board shall act upon the final plat within 45 days after the date of submission for final approval to the Secretary. Failure of the Planning Board to act within the period prescribed shall constitute final approval, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant and it shall be sufficient in lieu of a written endorsement or other evidence of approval herein required and shall be so accepted by the county recording office for purposes of filing subdivision plats.

Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3) in the case of a subdivision or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6) in the case of a site plan, the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

The original tracing, eight black-on-white prints and three copies of the application form for final approval shall be submitted to the Secretary of the Planning Board at least five days prior to the date of a regular Planning Board meeting. Unless the preliminary plat is approved without changes or modifications required by the Planning Board.

[Amended 7-17-1979 by Ord. No. 1134]

The final plat shall be accompanied by a statement by the Borough Engineer that he is in receipt of a map showing all utilities in exact location and elevation identifying those portions already installed and those to be installed and that the subdivider has complied with one or both of the following:

Installed all improvements in accordance with the requirements of these regulations; or

A performance guarantee has been posted with the Borough Clerk in sufficient amount to assure the completion of all required improvements.

Any plat which requires County Planning Board approval pursuant to N.J.S.A. 40:27-12[1] shall be forwarded to the County Planning Board for its action prior to final approval by the Borough council.

[1]

Editor's Note: Repealed by L. 1968, c. 285.

Failure of the Planning Board to act within the allotted time or a mutually agreed upon extension shall be deemed to be favorable approval and the Borough Clerk shall issue a certificate to that effect.

If any property owner within 200 feet shall be aggrieved by the action of the Planning Board, appeal in writing to the Borough Council may be taken within 10 days after the date of the action of the Planning Board. A hearing thereon shall be had on notice to all parties in interest, who shall be afforded an opportunity to be heard. After such hearing the Borough Council may affirm or reverse the action of the Planning Board by a recorded vote of a majority of the total members thereof. The findings and reasons for the disposition of the appeal shall be stated on the records of the Borough Council and the applying party shall be given a copy.

Upon final approval, nine copies of the final plot shall be filed with the Secretary of the Planning Board.

The final plat, after final approval by the Planning Board shall be filed by the subdivider with the county recording officer within 95 days from the date of such approval. If any final plat is not filed within this period, the approval shall expire.

§ 186-92 Effect of final approval.

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 186-90 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 in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in § 186-91I of this chapter. If the developer has followed the standards prescribed for final approval, and, in the case of a subdivision, has duly recorded the plat as required in § 186-91I of this chapter, the approving attorney 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 § 186-90 of this chapter for the section granted final approval.

§ 186-93 Exceptions; simultaneous review and approval.

The approving authority when acting upon applications for preliminary or minor subdivision approval shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of this chapter, 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 the land in question.

The approving agency when acting upon an application for preliminary site plan approval shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of this chapter, 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 the land in question.

The approving authority shall have the power to review and approve or deny conditional uses or site plans, simultaneously with review for subdivision approval without the developer 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 or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.

§ 186-94 Plat details.

Sketch plat. The sketch plat shall be prepared by a licensed land surveyor, based on Tax Map information or some other similarly accurate base at a scale not less than 400 feet to the inch to enable the entire tract to be shown on one sheet and shall show or include the following information:

The location of that portion which is to be subdivided in relation to the entire tract.

All existing structures and wooded areas within the portion to be subdivided and within 200 feet thereof.

The name of the owner and of all adjoining property owners as disclosed by the most recent municipal tax records.

The Tax Map sheet, block and lot numbers, as assigned by the Borough Engineer.

All street or roads and streams within 500 feet of the subdivision.

Preliminary plat. The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary plats shall be designed and drawn by a licensed New Jersey land surveyor, or by a licensed planner. The plat shall be designed in compliance with the provisions of Section and shall show or be accompanied by the following information:

[Amended 7-17-1979 by Ord. No. 1134]

A key map showing the entire subdivision and its relation to surrounding areas.

The tract name, Tax Map sheet, block and lot number, date, reference meridian, graphic scale and the following names and addresses:

Name and address of record owner or owners.

Name and address of the subdivider.

Name and address of person who prepared map.

Acreage of tract to be subdivided to nearest tenth of an acre.

Sufficient elevations or contours to determine the general slope and natural drainage of the land and the high and low points and tentative cross-sections and center-line profiles for all proposed new streets.

The location of existing and proposed property lines, streets, buildings, watercourses, railroads, bridges, culverts, drain pipes and any natural features such as wooded areas and rock formations.

(6)

Plans of proposed utility layouts (sewers, storm drains, water, gas and electricity) showing feasible connections to existing or any proposed utility systems. When an individual waste supply or sewage disposal system is proposed, the plan for such system must be approved by the appropriate local, county or state health agency. When a public sewage disposal system is not available, the developer shall have percolation tests made and submit the results with the preliminary plat. Any subdivision or part thereof which does not meet with the established requirements of this chapter or other applicable regulations shall not be approved. Any remedy proposed to overcome such a situation shall first be approved by the appropriate local, county or state health agency.

Final plat. The final plat 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 N.J.S.A. 46:23-9.11, the Map Filing Law. The final plat shall show or be accompanied by the following:

Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.

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.

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.

Each block shall be numbered, and the lots within each block shall be renumbered consecutively beginning with number one.

Minimum building setback line on all lots and other sites.

(6)

Location and description of all monuments.

(7)

Names and owners of adjoining unsubdivided land.

(8)

Certification by engineer or surveyor as to accuracy of details of plat.

(9)

Certification that the applicant is agent or owner of the land, or that the owner has given consent under an option agreement.

(10)

When approval of a plat is required by any officer or body of such a municipality, county or state approval shall be certified on the plat.

(11)

Cross sections and profiles of streets, approved by the Borough Engineer may be required to accompany the final plat.

(12)

Contours at five-foot intervals for slopes averaging 10% or greater and at two-foot intervals for land of lesser slope.

(13)

Plans and profiles of storm and sanitary sewers and water mains.

(14)

Certificate from the Tax Collector that all taxes are paid to date.

§ 186-95 Guarantees required.

Before recording of final subdivision plats, or as a condition of final site plan approval, the approving authority may require and shall accept in accordance with the standards adopted by this chapter for the purpose of assuring the installation and maintenance of on-tract improvements:

The furnishing of a performance guarantee in favor of the Borough in an amount not to exceed 120% of the cost of installation for improvements it may deem necessary or appropriate, including streets, grading, pavement, curbs, sidewalks, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, P. L. 1960 c. 141 (N.J.S.A. 46:23-9.9 et seq.), culverts, storms sewers, sanitary sewers, or other means of sewage disposal, street signs, approved traffic control signs, road stripes, site restoration, lawns, sod, 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, provided that no more than 10% of the total performance guarantee shall be required to be in cash, and the balance shall be in the form of a bond from a bonding company approved by the Borough Council. The Borough Engineer shall review the improvements required by the approving authority which are to be bonded and itemize their cost. Said itemization shall be the basis for determining the amount of performance guarantee and maintenance guarantee required by the approving authority. The Borough Engineer shall forward his estimate of the cost of improvements to the applicant within 30 days of the date of receipt of a request sent by certified mail for said estimate.

The furnishing of a maintenance guarantee to be posted with the Borough Council 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 the 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 of maintenance guarantee, as the case may be, shall be required for such utilities or improvements.

The amount of any performance guarantee may be reduced by the Borough Council by resolution, when portions of the improvements have been certified by the Borough Engineer to have been completed. The time allowed for installation of the improvements for which the performance guarantee has been provided may be established by the Borough Council by resolution.

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 cost 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.

When all of the required improvements have been completed, the obligor shall notify the Borough Council in writing, by certified mail addressed in care of the Borough Clerk of the completion of said improvements and shall send a copy thereof to the Borough Engineer. Thereupon, the Borough Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the Borough Council indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.

The Borough Council 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 said report and the action of said 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 the improvements not yet approved. Failure of the Borough Council 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.

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.

The obligor shall reimburse the Borough for inspection fees paid the Borough Engineer for the foregoing inspection of improvements, as provided for in § 186-104.

§ 186-96 Design standards.

The subdivider shall observe the following requirements and principles of land and subdivision in the design of each subdivision or portion thereof.

§ 186-97 General requirements.

The subdivision plat shall conform to design standards that will encourage good development patterns within the Borough. Where either or both an Official Map or Master Plan has or have been adopted, the subdivision shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks, and playgrounds shown on an officially adopted Master Plan or Official Map shall be considered in approval of subdivision plans. Street and drainage rights-of-way shall be shown on the final plat in accordance with Section 20 of Chapter 433 of the Laws of 1953 and shall be such as to lend themselves to the harmonious development of the Borough and enhance the public welfare in accordance with the following design standards.

§ 186-98 Streets.

The arrangement of streets not shown on the Master Plan shall be such as to provide for the appropriate extension of existing streets.

Minor streets shall be so designed as to discourage through traffic.

Subdivision abutting arterial streets shall 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 Planning Board may determine appropriate.

Right-of-way width.

The right-of-way width shall be measured from lot line to lot line and shall not be less than the following:

Arterial streets: 60 feet to 80 feet.

Collector streets: 60 feet.

Minor streets: 50 feet.

Marginal access streets: 50 feet.

The right-of-way width for internal roads and alleys in multifamily commercial and industrial development shall be determined on an individual basis, and shall in all cases be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for fire-fighting equipment.

No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips have been placed in the governing body under conditions approved by the Planning Board.

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 shall dedicate additional width along either one or both sides of the road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated.

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% of 1%.

Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60º. The block corners at intersection shall be rounded at the curbline with the curve having a radius of not less than 20 feet.

Street jogs with center-line offsets of less than 125 feet shall be prohibited.

A tangent at least 100 feet long shall be introduced between reverse curves on arterial and collector streets.

When connecting street lines deflect from each other at any one point by more than 10º and not more than 45º, they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets.

All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance.

Dead-end streets (culs-de-sac) shall not be longer than 600 feet and shall provide a turnaround at the end with a radius of not less than 50 feet and tangent whenever possible to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties.

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.

§ 186-99 Blocks.

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.

In blocks over 1,000 feet long, pedestrian crosswalks may be required in locations deemed necessary by the Planning Board. Such walkway shall be 10 feet wide and be straight from street to street.

[Amended 7-17-1979 by Ord. No. 1134]

For commercial, group housing or industrial use, block size shall be sufficient to meet all areas and yard requirements for such use.

§ 186-100 Lots.

Lot dimensions and area shall not be less than the requirements of the zoning article.[1]

[1]

Editor's Note: See Article VI of this chapter.

Insofar as is practical, side lot lines shall be at right angles to straight streets, and radial to curved streets.

Each lot must front upon an approved street at least 50 feet in width except lots fronting on streets described in Subsection D.

[Amended 7-17-1979 by Ord. No. 1134]

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.

Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar conditions, the Planning Board may, after adequate investigation withhold approval of such lots.

§ 186-101 Public use and service areas.

In large scale development, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be at least 15 feet wide and located in consultation with the companies or municipal departments concerned.

Where a subdivision is traversed by a watercourse, drainageway channel or street, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse, and such further width or construction, or both, as will be adequate for the purpose.

Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision containing such features.

§ 186-102 Certificates showing approval; contents.

The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms a part of a subdivision, or which formed part of such a subdivision three years preceding the effective date of this chapter, may apply in writing to the Borough Clerk for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.

The Borough Clerk shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said Clerk shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.

Each such certificate shall be designated a "certificate as to approval of subdivision of land," and shall certify:

Whether there exists in the Borough a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of this act.

Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board, and, if so, the date of such approval and any extensions and terms thereof, showing that subdivision of which the lands are a part is a validly existing subdivision. The Borough Clerk shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by such Clerk shall be paid by him to the municipality.

[Amended 7-17-1979 by Ord. No. 1134]

The Borough Clerk shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by such Clerk shall be paid by him to the municipality.

§ 186-103 Right of owner of land covered by certificate.

Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to the provisions of § 186-107 of this chapter.

If the Borough Clerk designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application, shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Borough pursuant to § 186-107 of this chapter.

Any such application addressed to the Clerk of the municipality shall be deemed to be addressed to the proper designated officer, and the municipality shall be bound thereby to the same extent as though the same was addressed to the designated official.

§ 186-104 Schedule of fees.

To defray engineering expenses and other expenses incidental to the proper processing and recording of subdivisions or resubdivisions, and to insure proper supervision of all work, the following schedule of fees is to be paid by the applicant or the developer in connection with all subdivisions and improvements:

Preliminary plat submission; escrow fund.

At the time of submission of the preliminary plat, the subdivider shall pay a fee of $100. In addition, he shall set up an escrow fund with the escrow agent. This fund shall be used to pay the fees of professional personnel employed to process, review and make recommendations on the proposed preliminary plat. The amount of the fund shall be computed as follows:

For the first 10 lots: $10 per lot.

For the next 40 lots: $5 per lot.

For the next 50 lots: $2 per lot.

For all additional lots: $1.50 per lot.

The balance, if any, shall be returned to the subdivider, upon written request, after final approval of the subdivision by the Mayor and Council.

For an engineering or other expert examination and reporting on a final plan which contains new streets, the subdivider shall pay a fee of $50 for streets up to 300 linear feet and $50 for each additional 300 linear feet or fraction thereof, payable on presentation of final plans.

[Amended 7-17-1979 by Ord. No. 1134]

In addition, he shall add to the escrow fund an amount equal to $35 per lot to be used to pay the fees of professional personnel employed to process, review, and make recommendations on the final plat and to inspect and improve construction of all site improvements, which shall be refundable in whole or in part.

Cost of all prints required by regulations, payable prior to filing plans in county. For subdivisions on existing streets when a written report is required, a fee of $10 per lot, minimum fee $30, payable with preliminary presentation of map.

A fee of $25 shall be paid for examining and processing minor subdivisions, plus an escrow deposit of $50 for legal and engineering fees, if any, which shall be refundable in whole or in part.

§ 186-105 Violations and penalties; civil action.

Failure to obtain final approval. If, before favorable referral and final approval has been obtained, any person transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Planning Board and the Borough Council are required to act, such person shall be subject to the penalty provided for violation of this chapter in Article X.

Civil action.

In addition to the foregoing, if the streets in the subdivision are not such that a structure on the land in the subdivision would meet requirements for a building permit under N.J.S.A. 40:55D-1 et seq., the Borough may institute and maintain a civil action:

For injunctive relief.

To set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with § 186-102 of this chapter.

[Amended 7-17-1979 by Ord. No. 1134]

In any such action the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his assigns or successors, to secure the return of any deposit 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 such land, or within six years if unrecorded.

§ 186-106 Site plans.

Primary jurisdiction for the approval of site plans shall be vested in the Planning Board; provided, however, that in the event the Zoning Board of Adjustment has initial jurisdiction over an application which requires incidental site plan approval, the Zoning Board of Adjustment shall have jurisdiction to grant site plan approval. Site plan approval by the Planning Board or the Zoning Board of Adjustment, as the case may be, shall be required for all new buildings, extensions of existing buildings, alterations to existing buildings when a new use pursuant to the zoning provisions of this chapter is intended and separate parking lots without a structure. As used in this section the word "building" shall not include one- and two-family dwellings in residential districts. Site plans shall be submitted to the administrative officer who will refer them to the Planning Board or the Zoning Board of Adjustment. The Zoning Officer will process the site plan by determining if it complies with the provisions of this chapter and all other Borough, county and state regulations. No building permit shall be issued prior to site plan review and approval. At least four weeks in advance of the Board meeting at which a site plan or an amendment to a site plan is to be presented, the data listed below must be submitted to the administrative officer in 14 copies together with an application. All drawings must be properly dimensioned and drawn to a scale of one inch to 20 feet. There shall be exempted from site plan requirements all alteration or renovation of an existing structure in a business district wherein the change of use:

[Amended 7-17-1979 by Ord. No. 1134]

Is from one retail sale or office use to another retail sale or office use.

Does not contemplate the expansion, in terms of square feet, of sales or office area.

Does not require any more off-street parking than the previous use.

Does involve structural alteration or renovation.

Does not contemplate an expansion or increase of any preexisting violation of the provisions of this chapter, or the Zoning Ordinance.

Information required. The following data shall be submitted by the applicant:

The name and address of the lot owner, the lot and block numbers on the assessment map, and the names of owners of record of all adjacent property from current tax assessment rolls.

Existing zoning keyed to the Zoning Map.

Boundaries of the property, building or setback lines, location of any existing buildings and kinds and location of any easements on an existing condition map signed and sealed by a licensed land surveyor.

A copy of any covenants or deed restrictions that cover or are intended to cover the tract or any part thereof.