Buena City Zoning Code

Approval of subdivisions shall be by resolution of the Planning Board as a condition for filing of such plats with the county recorder. Approval of site plans shall be by resolution of the Planning Board as a condition for the issuance of a building permit.

All ordinances which regulate land development or amendments thereto within Buena Borough shall be referred to the Planning Board pursuant to the requirements of N.J.S.A. 40:55D-26.

Each application for subdivision approval, where required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), and each application for site plan approval, where required by Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), shall be submitted by the applicant to the County Planning Board for review and approval. The Planning Board shall condition its approval upon timely receipt of a favorable report from the County Planning Board or approval by the County Board by its failure to act within the required time period.

The provisions for submission and processing of applications for development, including standards for preliminary and final approval as set forth in this chapter, shall be deemed to be the minimum requirements for Planning Board approval.

These provisions are intended to and shall be applied to ensure:

As required, the development plan shall include:

Favorable recommendation from the Site Plan Review Advisory Committee shall be required prior to Planning Board approval.

A minor subdivision shall create no more than two new lots (not including the remainder lot), provided that such subdivision does not involve a planned development, any new street or the extension of any off-tract improvement.

The Planning Board may encourage and promote flexibility, economy and environmental soundness in layout and design, in accordance with which the Board may approve the varying within a conventional subdivision of lot areas, dimensions, yards and setbacks otherwise required under Article XV of this chapter, in such a way that the average lot areas, dimensions, yards and setbacks within the subdivision conform to Article XV, provided that such standards shall be appropriate to the type of development permitted.

Preserve the existing natural resources of the site.

Promote safe and efficient vehicular and pedestrian circulation, parking and loading.

Provide for screening, landscaping and the location of structures.

Provide for exterior lighting needed for safety purposes, as well as streetlighting.

Provide for the conservation of energy and use of renewable energy sources.

Provide for the recycling of designated recyclable materials.

As a consideration for approval of a subdivision or site plan, a developer shall pay his pro rata share of the cost of providing only reasonable and necessary street improvements and water, sewer and drainage facilities, and easements therefor, located outside the property limits of the subdivision or development but necessitated or required by construction or improvements within such subdivision or development.

Such regulations shall be based on the provisions of the Master Plan, specifically N.J.S.A. 40:55D-28b, specifically Subsections (4) and (5). Fair and reasonable standards shall be established to determine the pro rata amount of the costs which shall be borne by each developer or property owner within related and common areas. Such standards shall not be altered subsequent to preliminary approval.

If a developer pays his pro rata share under protest, he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness of such amount.

When the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways, flood control basins or public areas which are within a proposed development, the Planning Board shall require that such streets, ways, basins or areas be shown on the plat in the location and sizes suitable for their intended use, prior to final approval of the subdivision or site plan.

The Planning Board shall reserve said areas as shown on the plat for a period of one year after the date of initial approval or within such further time as may be agreed to by the developer.

Unless, during such period, Buena 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 lands comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations and may proceed to use such land for private use in accordance with applicable development regulations. These provisions shall not apply to the streets, roads, flood control basins or public drainageways necessitated by the subdivision or land development and required for final approval.

The developer shall be entitled to just compensation as provided under N.J.S.A. 40:55D-44, and an ordinance shall provide the procedure for the payment of compensation under this section.

The developer shall submit a site plan and such other information as is reasonably necessary to make an informed decision as to whether or not the requirements for preliminary site approval have been met.

If the Planning Board requires any substantial changes proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and processed as with the original.

If a site plan involves 10 acres of land or less and 10 dwelling units or fewer, the Planning Board shall grant or deny preliminary approval within 45 days of the submission date of a completed application. If a site plan involves more than 10 acres or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within 95 days of the submission date of a complete application. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.

The Planning Board shall waive notice and public hearing for a development if the Board or Site Plan Committee of the Board finds that the application conforms to the definition of "minor site plan." Approval of said plans shall be deemed to be final approval of the site plan by the Board, provided that the Board or Committee appointed by the Chairman may condition such approval on the provision of improvements as required under §§ 150-49, 150-50 and 150-52.

Minor site plan approval shall be granted or denied within 45 days of the date a complete application has been submitted, or within such further time as may be agreed to by the applicant. Failure of the Board to act within such period shall constitute minor site plan approval.

When review or approval is required by the County Planning Board under Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), the Planning Board shall condition its approval upon timely receipt of a favorable report from the county.

The zoning requirements and other conditions of the approval granted shall not be changed for a period of two years after the date the minor site plan was approved.

The Planning Board shall waive notice and public hearing for a development if the Board or Subdivision Committee of the Board finds that the application conforms to the definition of "minor subdivision." Approval of said plan shall be deemed final, provided that the Board or Committee of the Board ensures the provision of improvements pursuant to §§ 150-49, 150-51 and 150-53.

Minor subdivision approval shall be granted within 45 days. Failure of the Board to act within this period shall constitute final approval, and a certificate as to the failure of the Board to act shall be issued on request of the applicant; and it shall be sufficient in lieu of evidence of approval herein required and accepted by the county recorder for filing purposes.

When review or approval is required by the County Planning Board under Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), the Planning Board shall condition its approval upon the timely receipt of a favorable report from the county or approval by the County Planning Board by its failure to report thereon within the required time period.

Approval of a minor subdivision shall expire 190 days from the date of approval unless the approval plat has been filed under the provision of the Map Filing Law, P.L. 1960, c. 141 (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 recorder, the Borough Engineer and the Borough Tax Assessor. A plat or deed accepted for filing shall have been signed by the Chairman and Secretary of the Planning Board.

The zoning requirements and other conditions of approval granted shall not be changed for a period of two years from the date of minor subdivision approval.

The developer shall submit a plat and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary approval have been met.

If the Board requires substantial amendment of the layout proposed by the developer that has been the subject of a hearing, an amended application shall be submitted, processed as with the original.

If a major subdivision comprises fewer than 10 lots, the Planning Board shall grant or deny approval within 45 days after the submission of a complete application. If a major subdivision comprises more than 10 lots, Planning Board action shall be taken within 95 days. Otherwise, preliminary approval shall be deemed granted.

List of stockholders owning 10% of stock or ten-percent interest in partnership. A corporation or partnership applying to the municipal Boards or governing body for approval to divide land into six or more lots or for a variance to construct a dwelling of 25 or more units or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or partners owning at least 10% of its stock of any class or at least ten-percent interest in the partnership.

Disclosure of ten-percent ownership interest of corporation or partnership which is ten-percent owner of applying corporation or partnership. Subject to Subsection A above, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or 10% or greater interest in the partnership, and this requirement shall be followed by every stockholder or partner until the names and addresses of the noncorporate stockholder and individual partners exceeding the ten-percent ownership criterion have been listed.

Failure to comply; disapproval of application. The Planning Board, Board of Adjustment or governing body shall approve no application which fails to comply with the requirements of Subsections A and B herein.

Concealing ownership interest; fine. Failure to comply with Subsections A and B of this section shall subject said corporation or partnership to a fine in the minimum amount of $1,000 to a maximum amount of $10,000, which shall be recovered pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-2 et seq.).

Approvals pursuant to §§ 150-55 and 150-58 of this article shall, except as provided under Subsection B herein, confer upon the applicant the following rights for a three-year period from the date of preliminary approval:

In the case of a development comprising 50 acres or more, the Planning Board may grant the rights cited under Subsection A(1), (2) and (3) for longer than three years after consideration of the number of dwelling units and nonresidential floor area, the economic conditions and the comprehensiveness of the development. Further extensions shall be governed by the above considerations as well as the potential number of dwelling units and nonresidential floor area awaiting final approval, provided that if the design standards have been revised, such revised standards shall apply.

The Planning Board shall grant final approval if the detailed drawings, specifications and estimates conform to the standards set under Article VIII, the conditions of preliminary approval and, in the case of a major subdivision, the provisions of the Map Filing Law.[1]

Final approval shall be granted within 45 days and, where appropriate, shall be conditioned on a favorable review by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period. Failure to act within the time period shall constitute final approval.

The Planning Board has the power to grant such exceptions from the requirements for subdivision approval as are reasonable and within the general purpose and intent of the provisions for review and approval contained in this chapter, if the literal enforcement of said provisions is impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question.

The Planning Board has the power to grant exceptions from the requirements for site plan review and approval under the same conditions cited under Subsection A above.

The Planning Board has the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval under one application from the developer. The longest time specified herein for action by the Board shall apply. If a conditional use is sought, the developer shall so specify in the notice of hearing.

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer by § 150-60 above shall not be changed for a period of two years after the date of final approval, provided that said rights shall expire if the major subdivision has not been duly recorded as specified under § 150-66 below. If the developer has followed the standards for final approval and, in the case of a major subdivision, filed the plat, the Planning Board may extend such period of protection for extensions of one year, but not to exceed three extensions. The granting of final approval for any section terminates the period of preliminary approval for that section.

In the case of a subdivision or a site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more or site plan for nonresidential floor area of 200,000 square feet of floor area or more, the Planning Board may grant the rights cited in Subsection A above for longer than two years as shall be determined to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the economic conditions and the comprehensiveness of the development. Applications for further extensions of said rights may be approved after the Board reviews in the same manner as it reviewed the first extension and also includes consideration of the number of units or floor area remaining to be developed.

The duration of final approval of a major subdivision or major site plan shall be the same as the period of zoning protection permitted in this section as noted above.

Before filing of final major subdivision plats, or recording of minor subdivision plats or deeds, or as a condition of final site plan approval, or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65(d), the Borough shall require and shall accept, in accordance with the standards in this chapter and the regulations contained in N.J.S.A. 40:55D-53, as amended, the furnishing of performance guarantees and provision for maintenance guarantees, for the purpose of assuring the installation and maintenance of certain on-tract improvements. More specifically, the Borough shall require the furnishing of a performance guarantee for improvements required by an approval or developer's agreement, ordinance or regulation to be dedicated to a public entity that have not yet been installed; a performance guarantee for privately owned perimeter buffer landscaping; a temporary certificate of occupancy guarantee; a safety and stabilization guarantee; and provision for a maintenance guarantee, for the purpose of assuring the installation and maintenance of certain on-tract improvements; and a maintenance guarantee for the purpose of assuring the installation and maintenance of certain private site improvements, in accordance with the standards in this chapter and the regulations contained in N.J.S.A. 49:55D-53, as amended.

In addition to the requirements stipulated in N.J.S.A. 40:55D-65(d)(1), the request submitted by the obligor upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements shall also be accompanied by as-built plans that shall indicate plan view, bench mark, elevations, stations, sanitary sewer, water main, gas main, storm sewer, manholes and all other structures associated with the work of the application with sufficient information to locate all facilities. Underground utilities shall be shown in plan and profile views. Where survey accuracy is not utilized for the establishment of NJSPC, sub-meter coordinates shall be used and noted on the plans. The as-built information shall be blocked in as thus 100.00' and shown on the originally approved construction drawings. Each sheet of the originally approved set shall contain an as-built certificate that shall read as follows:

Final approval of a major subdivision shall expire 95 days after the signing of the plat unless the plat has been duly filed by the developer with the county recording officer. For good cause the Planning Board may extend the period for recording but not to exceed 190 days from the date of signing.

No subdivision plat shall be accepted by the County Clerk for recording unless it has been approved by the Planning Board as indicated by the signatures of the Chairman and Secretary or a certificate issued pursuant to §§ 150-57, 150-61 and 150-70 of this article, § 150-35 of Article III (Ancillary Powers of Planning Board); § 150-116 of Article XV (General Zoning Provisions) and § 150-245 of Article XXI (Zoning Board of Adjustment). No signatures shall be affixed until the developer has posted the guaranties as set forth in § 150-64 of this article. If the County Clerk records any plat without such approval, the recording shall be null and void and, at the request of Buena Borough, shall be expunged from the official records.

The County Clerk shall notify the Planning Board within seven days of the filing of any plat, identifying it by title, date of filing and official number.

If, before final subdivision approval, a person transfers or sells or agrees to transfer or sell, except by agreement expressly conditioned on final approval, any land which forms part of a subdivision requiring Board approval, such person shall be subject to a penalty not to exceed $1,000 and each lot so disposed shall be deemed a separate violation.

In addition, Buena Borough may institute and maintain a civil action for injunctive relief and may set aside and invalidate any conveyance if a certificate of compliance has not been issued pursuant to § 150-69 of this article.

The transferee, purchaser or grantee shall be entitled to a lien on the remainder of land in the development to secure the return of deposits made or the purchase price paid, as well as for fees and expenses incurred. If the instrument of transfer has been recorded, action shall be taken within two years of such recording; if unrecorded, within six years.

Any person having an interest in land which forms part of a subdivision may apply in writing to the Secretary of the Planning Board for the issuance of a certificate certifying whether or not the subdivision has been approved by the Planning Board. A diagram showing the location and dimensions of the land to be covered by the certificate and the name of the owner shall be included in the application.

The Secretary shall issue such certificate within 15 days after receipt of the application and a fee of $3 and shall keep a duplicate copy of each certificate consecutively numbered, showing the fee charged, in a binder as a permanent record. Each certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:

A person who acquires, for a valuable consideration, an interest in land covered by a certificate of approval of a subdivision in reliance on the information therein shall hold such interest free of any right, remedy or action which could be prosecuted by Buena Borough pursuant to § 150-68.

Such rights shall also apply if the certificate of approval applied for is not issued within 15 days.

If an application for the issuance of a certificate of approval is addressed to the Borough Clerk, it shall be deemed to be addressed to the Secretary of the Board, and Buena Borough shall be bound thereby as though properly addressed.