Fair Lawn City Zoning Code
ARTICLE VII
Development Application Review Procedures
§ 125-61 Jurisdiction of responsibility during development application review.
The respective responsibilities of the Planning Board and Zoning Board of Adjustment are as follows:
A.
The Planning Board shall have the power to grant subdivision or conditional use approval simultaneously with site plan approval.
B.
The Planning Board shall have the power to act in lieu of the Zoning Board of Adjustment as set forth in Article VI of this chapter.
C.
The Zoning Board of Adjustment shall have the power to act in lieu of the Planning Board as set forth in Article VI of this chapter.
§ 125-62 Application requirements.
A.
Assignment. The applicant may seek the direction of the Borough Engineer and/or Construction Official as to which approvals are required and the appropriate Board or of filing an application and proceeding before the Board which the applicant believes to be appropriate. The following applications may be filed:
(1)
Concept plan.
(2)
Conditional use.
(3)
Minor subdivision.
(4)
Major preliminary subdivision.
(5)
Major final subdivision.
(6)
Minor site plan.
(7)
Major preliminary site plan. (Note: Certain applications may involve a combination of actions.)
B.
Content. Any development application requiring approval by the Planning Board of either subdivisions or site plans or both, shall include provisions ensuring:
(1)
Consistency of the layout or arrangement of the subdivision;
(2)
Streets in the subdivision or land development with the requirements of the land development ordinance; width and suitable grade and suitability located to accommodate prospective traffic and to provide access for fire-fighting and emergency equipment to buildings and coordinated so as to compose a convenient system consistent with the Official Map, if any and the circulation element of the Master Plan and so oriented as to permit, consistent with the reasonable utilization of land, the buildings constructed thereon to maximize solar gain; provided that no street of a width greater than 50 feet within the right-of-way lines shall be required unless said street constitutes an extension of an existing street of the greater width or already had been shown in greater width on the Official Map;
(3)
Adequate water supply, drainage, shade tree, sewerage facilities and other utilities necessary for essential services to residents and occupants;
(4)
Suitable size, shape and location for any area reserved for public use pursuant to Section 32 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-44);
(5)
Reservation pursuant to Section 31 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-43), of any open space to be set aside for use and benefit of the residents of planned development, resulting from the application of standards of density or intensity of land use, contained in the Land Development Ordinance, pursuant to Section 52c of P.L. 1975, c. 291 [N.J.S.A. 40:55D-65(c)];
(6)
Regulation of land designated as subject to flooding; pursuant to Section 52e of P.L. 1975, c. 291 [N.J.S.A. 40:55D-65(e)], to avoid danger to life or property;
(7)
Protection and conservation of soils from erosion by wind or water or from excavation or grading; and
(8)
Conformity with standards promulgated by the Commissioner of Transportation, pursuant to the Air Safety and Hazardous Zoning Act of 1983, P.L. 1983, c. 260 (N.J.S.A. 6:1-80 et seq.), for any airport hazard areas delineated under this act.
C.
Complete application. An application for development shall include a completed checklist, the items specified in the checklist and an application form.
(1)
A determination of completeness is made by the Planning Board Engineer. The engineer's recommendation shall be submitted in writing to the Planning Board Secretary prior to the next scheduled work session. In the event that the application is determined to be incomplete, the Board Secretary shall provide the applicant with a checklist of the outstanding items prior to the next regular meeting of the Board. In the event that the application is not certified to be complete within 45 days of the date of its submission, the application shall be certified complete upon the expiration of the forty-five-day period unless the application lacks information indicated on the checklist of items to be submitted and the Board Secretary has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application.
(2)
The applicant may request that one or more of the submission requirements be waived, in which event the Board shall grant or deny the request within 45 days of the date of submission. In the event that the Planning Board Engineer deems the application incomplete in accordance with the provisions of this section, only resubmissions by the applicant shall be reviewed.
(3)
Nothing herein shall be construed as reducing the applicant's obligation to prove that the application is entitled to approval. The Board may subsequently require correction of any information found to be in error. The Board may also ask for such additional information not specified in the ordinance or for revisions as are reasonably necessary. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Board.
D.
Upon a certification of completeness, the Board Secretary shall notify the applicant of the hearing date in order to comply with the notice requirements. The Board Secretary shall refer the site plan or subdivision and exhibits to all local reviewing agencies as directed by the Board. The Board may also designate other local, county, state or governmental officials or agencies to receive copies of any application for review and recommendation.
E.
Taxes due. All applicants shall furnish proof that tax payments for the property in question are current and that there are no assessments for local improvements due or delinquent. No approval can be granted without such proof.
§ 125-63 Variance relief.
A.
Applications addressed to the original jurisdiction of the Board of Adjustment without prior application to an Administrative Officer shall be filed with the Secretary of the Zoning Board of Adjustment. Three copies of the application shall be filed. At the time of filing the appeal or application, but in no event less than 10 days prior to the date set for hearing, the applicant shall also file all plot plans, maps or other papers required by virtue of any provision of this chapter or any rule of the Board of Adjustment. The applicant shall obtain all necessary forms from the Secretary of the Zoning Board of Adjustment. The Secretary of the Board shall inform the applicant of the steps to be taken to initiate proceedings and of the meeting dates of the Board.
B.
The Board shall act upon the application as set forth in Article VI of this chapter.
§ 125-64 Concept plans.
A.
Prior to the submittal of a formal plan, the applicant for subdivision or site plan may request an informal review before the Board in order to:
(1)
Acquaint the applicant with the substantive and procedural requirements of the subdivision and site plan ordinance;
(2)
Provide for an exchange of information regarding the proposed development plan and applicable elements of the master plan, zoning ordinance and other development requirements;
(3)
Advise the applicant of any public sources of information that may aid the application;
(4)
Identify policies and regulations that create opportunities or pose significant constraints for the proposed development;
(5)
Consider opportunities to increase development benefits and mitigate undesirable project consequences;
(6)
Permit input into the general design of the project.
B.
Applicants seeking review of a concept plan shall provide 20 copies of the plan or plat and 20 copies of the completed application and the required review fees to the Board Secretary at least seven days before a regularly scheduled workshop meeting of the Planning Board.
C.
Information for concept plan review.
(1)
The concept plan is a general plan that is neither fully engineered nor surveyed. The plan or plat 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, building arrangements and to determine how the proposal meets the Borough's development goals and objectives.
(2)
Data furnished at this stage shall include those items in the submission checklist in § 125-70A.
D.
Effect of concept plan/informal review. Neither the applicant nor the Board is bound by any concept plan or informal review. The suggestions made at the concept plan stage may change with new information discovered when a formal development application is prepared using current detailed site-specific data and on-site test findings. The applicant may request a review of an additional concept plan based upon new information prior to submission of a formal application for development.
§ 125-65 General provisions.
A.
Submission procedures. Site plan and subdivision applications submitted under the provisions of this chapter shall comply with all the applicable requirements of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. A waiver of notice of public hearing may be granted by the Planning Board in accordance with N.J.S.A. 40:55D-46.1 for a minor site plan application filed by a charitable organization seeking minor site plan approval for the placement of a donation clothing bin under and in accordance with § 125-40.1. A waiver of notice of public hearing may not be granted by the Planning Board in accordance with N.J.S.A. 40:55D-46.1 except as otherwise provided in this section, regardless of whether or not the minor site plan conforms to the definition of "minor site plan."
[Amended 6-20-2000 by Ord. No. 1803-2000; 5-12-2009 by Ord. No. 2147-2009]
B.
Uses requiring site plan approval and when site plan approval is not required.
[Amended 6-20-2000 by Ord. No. 1803-2000; 9-26-2000 by Ord. No. 1819-2000; 4-18-2001 by Ord. No. 1851-2001]
(1)
All activities except the following shall require site plan approval:
(a)
The construction, customary use and modification of single-family and two-family dwellings, including any permitted accessory buildings and uses incidental to the principal use of the property.
(b)
Any structure or use for which site plan approval was granted prior to the effective date of this chapter and that was developed in accordance with the such approval.
(c)
Construction which is determined by the Construction Official to constitute ordinary repairs, as defined by the State of New Jersey Department of Community Affairs Uniform Construction Code.
(d)
Soil disturbance of less than 300 cubic yards in total, no matter how long it takes, except that nothing shall be construed to prevent the otherwise lawful excavating or cutting, stripping or other change in the existing configuration of the land for the following purposes and no others:
[1]
Gardening for noncommercial purposes.
[2]
The construction or reconstruction of curbs, sidewalks, conforming fences, private residential driveways, drainage systems, sewage disposal systems and other utility service connections, provided that all other Borough, county, state and district approvals have been received.
(2)
A change in use from one permitted use to another permitted use in any zone district of the Borough of Fair Lawn (except an industrial zone district) shall not require site plan approval as long as:
(a)
The change from the existing use to the new use does not entail any increase in the off-street parking requirement as calculated under the applicable ordinances of the Borough of Fair Lawn or
(b)
Notwithstanding that the change to the new use entails an increase in the required off-street parking, the off-street parking already provided on the site is sufficient to accommodate the change in use without the need for variance relief.
(c)
In an industrial zone district, site plan approval shall be required for a change in use in all cases, regardless of whether variance relief is necessary, except those in which the off-street parking requirement for the new use does not increase from that which is required for the existing use.[1]
[Amended 9-25-2018 by Ord. No. 2480-2018]
[1]
Editor's Note: Former Subsection B(2)(d), Cooperative parking plan, which immediately followed this subsection, was repealed 4-18-2001 by Ord. No. 1851-2001.
(3)
In the B-2 Zone, the Planning Board Secretary is authorized to waive the requirement of a hearing before the Planning Board that would otherwise be required in the case of restaurants and other establishments requiring a beverage or food handler's certificate where 24 or fewer seats are provided in establishments north of Broadway or where 30 or fewer seats are provided in establishments south of Broadway.
[Amended 6-20-2000 by Ord. No. 1803-2000; 3-11-2008 by Ord. No. 2109-2008; 9-11-2012 by Ord. No. 2250-2012; 9-25-2018 by Ord. No. 2480-2018]
(4)
A change in use or occupancy of a building or land requires site plan approval if one or more of the following criteria is met, as determined by the Zoning Officer when an applicant applies for a building permit:
(a)
The previous use never received site plan approval.
(b)
(Reserved)[2]
[2]
Editor's Note: Former Subsection B(4)(b), regarding an increase or decrease in off-street parking, was repealed 12-28-2001 by Ord. No. 1883-2001.
(c)
The proposed use has significantly different hours of operation than the previous use.
(d)
The proposed use has different loading requirements which have an effect on site circulation.
(e)
The proposed use involves the storage or handling of chemicals or hazard substances.
(f)
The proposed use calls for a significant change in exterior lighting, circulation and landscaping.
(g)
The proposed use will generate a greater amount of solid waste requiring additional refuse receptacles than previously required.
(h)
The proposed use requires a change in drainage and stormwater management.[3]
[3]
Editor's Note: Former Subsection B(5), which required site plan review for any change of ownership or tenancy of land and which immediately followed this subsection, was repealed 4-18-2001 by Ord. No. 1851-2001.
C.
Additional requirements.
(1)
No subdivision or site plan involving any street(s) requiring additional right-of-way width as specified in the Master Plan and the street requirements of this chapter shall be approved unless such additional right-of-way, either along one or both sides of said street(s), as applicable, shall be deeded to the municipality or other appropriate governmental agency.
(2)
The Board reserves the right to require additional information before granting preliminary approval when unique circumstances affect the tract and/or when the application for development poses special problems for the tract and surrounding area. Such information may include, but not be limited to, drainage calculations, traffic analysis and detailed environmental information.
D.
Environmental impact preliminary statement and environmental assessment report.
(1)
Environmental impact preliminary statement.
(a)
A preliminary statement of potential environmental impact, in a form set forth in § 125-70, must be filed with every major site plan submitted to the Planning Board or use variance submitted to the Zoning Board of Adjustment before an application is deemed complete. It need not be submitted with a minor site, but may be requested. The applicant should be able to complete the checklist without professional assistance of an environmental specialist. Questions regarding any part of the checklist may be directed to the Planning Board engineer or the Borough Engineer.
(b)
Based on the data contained in the preliminary statement, the Zoning Board of Adjustment or Planning Board may request a partial or complete environmental impact statement or waive the requirement altogether.
(c)
Any subsequent findings by the Boards contrary to the statements made in the preliminary statement of potential environmental impact by the applicant may constitute grounds for rejection of the application. The applicant has a legal responsibility to answer truthfully and completely all questions to the best of his/her knowledge and information and will be held accountable for the responses provided.
(2)
Environmental assessment report.
(a)
General provisions. The environmental impact generated by a land development project necessitates a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize those problems. This constitutes an environmental assessment report. In evaluating environmental impact, the Planning Board or the Board of Adjustment, as the case may be, shall not approve any application for development until it determines and finds that the proposed development:
[1]
Will not result in appreciable harmful effects to the environment.
[2]
Has been designed and conceived with a view toward the protection of the regional resources.
[3]
Will not place a disproportionate or excessive demand upon the total resources available for such proposal and for any future proposals. In order to accomplish these goals, the Board may condition any approval upon the implementation of those performance controls deemed necessary to assure the protection of the environment. Any approval shall also be conditioned upon the receipt of licenses, permits or other approvals required by law.
(b)
Applicability.
[1]
The requirements of an environmental assessment report shall apply to all applications for development of any nature whatsoever regardless of whether same are before the Planning Board or the Zoning Board with the exception of the following:
[a]
Applications for development for or in connection with less than four one-family residential dwellings;
[b]
Applications for development for or in connection with less than four two-family residential dwellings;
[c]
Minor subdivisions of one- or two-family residential lots or dwellings;
[d]
Minor site plans. Notwithstanding the requirements of Subsection D(2)(b)[1][a] through [d] herein, a lot size of less than 3/4 of an acre shall be exempt from the requirement of providing an environmental assessment report.
[2]
On request of an applicant, the Board shall have the power in all other applications for development to waive all or part of the requirements of an environmental assessment report. Request for waiver shall be made by an applicant simultaneously with the submission of an application for development. The Board shall either grant or deny the request for waiver within 30 days of the receipt of the request by the Board. An application for development shall not be deemed complete until the Board shall either grant such waiver or reject same as stated above. The Board shall only waive the requirements of an environmental assessment report by the affirmative vote of a majority of the Board (five affirmative votes for waiver). In exercising its power, the Board shall take into account the goals of this section, the nature of the application and any other relevant factors.
(c)
Procedures. It is further recognized that the level of detail required for various types of applications will vary depending on the size of the proposal, the nature of the site and the location of the project. Therefore, having determined that some flexibility is needed in preparing the environment assessment report, the procedural requirements for such a report are listed as follows:
[1]
At least 15 days prior to the submission of an application for development, a preapplication conference shall be held with the Borough Engineer and, where appropriate, the Borough Health Officer to review the content of the environmental assessment report outlined in § 125-65D(2). The Borough Engineer shall generally advise the applicant as to the applicability of specific environmental assessment report requirements as may be required by the applicable Board along with any supplemental guidelines adopted by the Board.
[2]
When the environmental assessment report is prepared by an individual other than the applicant, the credentials and expertise of that individual shall be submitted with the environmental assessment report. As much original research as necessary shall be conducted to develop a comprehensive environmental assessment report.
[3]
Sixteen copies of each environmental assessment report shall be submitted to the appropriate Board with the appropriate application for development. One copy of the environmental assessment report shall be forwarded to the Environmental Commission by the applicant for review and comment together with the application. The Environmental Commission shall submit its comments to the Board within 20 days after receipt of the application and environmental assessment report from the applicant.
[4]
The environmental assessment report shall consist of written and narrative graphic materials which will clearly present the information that is required. The scale of all maps shall be one inch equals 50 feet, unless the Borough Engineer and/or Board agree to another scale. Contours, when required, shall be provided at two-foot intervals for slopes of less than 10% and at five-foot intervals for slopes 10% or greater.
(d)
Format. When an environmental assessment report is required, the following format shall be utilized and the information requested shall be provided.
[1]
Project description. Indicate the purpose and scope of the proposed project. Enumerate the benefits to the public which will result from the proposed project and describe the suitability of the site for the intended use. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed, how they are to be constructed and the uses intended. The resident population, working population and visitor population shall be estimated. The compatibility or incompatibility of the proposed project shall be described in relation to the Borough of Fair Lawn, its master plan and other pertinent planning documents.
[2]
Site description and inventory. Provide a description of existing environmental conditions on the site which shall include, but not be limited to the items set forth in Subsection D(2)(d)[4][a] through [o] below.
[3]
Area description. A description of the surrounding environs taking into account the nature and size of the application for development shall be provided as well as the existing land use pattern. When required, the existing infrastructure, with respect to the drainage and transportation network, as well as any central sewerage and water supply facilities, shall be described in detail.
[4]
Impact. Discuss the negative and positive on-and-off-site impacts as they affect the items listed below. Indicate those negative impacts that are unavoidable. Indicate those resources affected by the proposal which will be irretrievably lost and those resources which are renewable. The specific concerns that shall be considered include, but are not limited to the following:
[a]
Impact on water quality, especially groundwater;
[b]
Impact on water supply;
[c]
Air quality/odor;
[d]
Sewerage;
[e]
Hydrology and drainage;
[f]
Topography;
[g]
Traffic patterns and volume;
[h]
Noise levels and time periods;
[i]
Electromagnetic radiation;
[j]
Displacement of people and businesses;
[k]
Displacement of recreational areas;
[l]
Fiscal impact (net impact on revenues and cost of municipal services);
[m]
Historic features;
[n]
Solid waste;
[o]
Any other relevant concerns.
[5]
Recommendations to mitigate adverse environmental impact. Describe in detail what measures will be employed during the planning, construction and operation phases which will minimize or eliminate negative impacts on and off site that could result from the proposed project. Of specific interest are:
[a]
Drainage plans which shall include, but not be limited to, soil erosion and sedimentation controls. Every effort should be made to limit off-site runoff to predevelopment levels.
[b]
Sewage disposal techniques.
[c]
Water supply and water conservation proposals.
[d]
Site design techniques sensitive to the natural environment which should include innovative landscape, building and circulation design.
[e]
Energy conservation measures.
[f]
Noise reduction techniques.
[g]
Construction schedule.
[h]
Miscellaneous on-site and off-site improvements.
[6]
Alternatives. Discuss what alternatives were considered both in terms of site design and project location. Indicate why an alternative was rejected if it would have resulted in less of a negative impact than the subject proposal.
[7]
Licenses, permits and other approvals required by law. The applicant shall list all known licenses, permits and other forms of approval required by law for the construction and operation of the proposed project. This list shall include, but will not be limited to approval required by the Borough, as well as the county, state and federal governments and their agencies. Where approvals have been granted, copies of such approvals shall be attached. Where approvals are pending, a note shall be made to that effect.
[8]
Documentation. All publications, file report, manuscripts or other written sources of information related to the project, the project site and the Borough which were consulted and employed in compilation of the environmental assessment report shall be filed with the Borough Engineer.
E.
Historic preservation impact statement. All applications in or adjacent to the Radburn Historic District shall comply with § 125-47A and be reviewed by the Radburn Historical Association.
§ 125-66 Minor subdivision and site plan approval.
[Amended 11-24-2009 by Ord. No. 2168-2009; 2-7-2023 by Ord. No. 2647-2023; 10-22-2024 by Ord. No. 2713-2024]
A.
Application.
(1)
The applicant shall submit to the Secretary of the Planning Board the appropriate number of copies of the items required by the correct rules and regulations of the Planning Board, together with an executed application form, the prescribed fee and evidence that no taxes or assessments are outstanding against the property to the Secretary of the Board. The Board Secretary shall process the application and assign an application number.
(2)
Upon determination that the application is complete, the applicant shall submit 20 copies of all plans and the Board Secretary will place the item on the agenda.
B.
Submission requirements.
(1)
Submission requirements for minor subdivision approval are provided in the Minor Subdivision Checklist in § 125-70B. Submission requirements for site plan approval are provided in the Minor Site Plan Checklist in § 125-70C.
(2)
Exception of specific subdivision requirements. The Planning Board, when acting upon applications for preliminary or minor subdivision approval, shall have discretionary power to grant such exceptions from the technical requirement for approval as may be reasonable and within the general purpose and intent of the provision for subdivision review and approval of this chapter. If the literal enforcement of one or more provisions of the chapter is impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question. A requested waiver may be approved only at a public meeting, with notice to given in accordance with N.J.S.A. 40:55D-12.
(3)
The applicant shall forward copies of the plat or minor site plan to the following for review and comment, where appropriate:
(a)
Planning Board or Board of Adjustment.
(b)
Secretary of the Bergen County Planning Board.
(c)
Borough Engineer.
(d)
Borough Board of Health.
(e)
Construction Official/Zoning Officer.
(f)
Environmental Commission.
(g)
Bergen County Soil Conservation District.
(h)
Borough Historic Preservation Commission.
(i)
Fair Lawn Main Street, Inc.
(j)
(Reserved)
(k)
Borough Economic Development Corporation.
(l)
Borough Shade Tree Advisory Committee.
(m)
Borough Fire Board Representative.
(n)
Borough Police Department – Traffic Division.
(o)
Borough Arborist.
(4)
The Board shall also have the authority to refer any plat or minor site plan to other agencies or individuals for comment or recommendations.
C.
Review. The officials and agencies shall forward their comments and recommendations in writing to the Board within 30 days from the receipt of minor subdivision plat or site plan.
D.
Notice of public hearing. At the time when the application is certified complete, the Board shall set a date for the public hearing and notify the applicant of said date. After such notification, the applicant shall follow the procedures established with respect to notice of hearing.
E.
Revisions. The Board may require the filing of an amended application which shall proceed as in the case of the original application. The time within which the Board shall review the amended application and make its determination shall commence as of the date of the filing of the amended plat. If the applicant fails to submit an amended application within the original time for review authorized by this chapter, the Board shall be obligated to act on the original application. If, at the discretion of the Board, the change or changes are considered minor in nature, the applicant may be given approval subject to the submission of an amended plan indicating the changes.
F.
Conditional approval. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, the Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board.
G.
Action.
(1)
The Board shall approve, conditionally approve or deny a minor subdivision within 45 days of the certification that the application is complete, unless the applicant shall extend the period of time within which the Board may act. Where a variance is requested pursuant to Subsection b of N.J.S.A. 40:55D-60 or N.J.S.A. 40:55D-70, the Board shall take action within 120 days from which the application is certified complete.
(2)
Failure of the Board to act within the period prescribed shall constitute minor subdivision or site plan approval and a certificate of the Board Chairman as to the failure of the Board to act shall be issued on request of the applicant. The certificate shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and, in the case of minor subdivision, shall be so accepted by the county recording officer for purposes of filing subdivision plats or deeds.
(3)
Where the remaining portion of the original tract is sufficient to be subdivided or further developed, the applicant may be required to submit a sketch of the entire remaining portion of the tract to indicate that the proposed subdivision or development, together with such subsequent subdivision(s) or development(s) as may be submitted in the future, is feasible. Any requirements under this subsection shall be limited to those that will prevent the proposed development from causing any reasonably avoidable damage to any adjacent property or any environmental resource.
H.
Effect of approval. Approval of a minor site plan or subdivision shall be deemed final approval and shall be prepared in accordance with final site plan or subdivision requirements, provided that the Board may condition such approval on the provision of improvements as may be required pursuant to the N.J.S.A. 40:55D-53. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision or site plan approval was granted, shall not be changed for a period of two years after the date on which the resolution of approval is adopted provided that the approved minor subdivision or site plan shall have been duly recorded.
I.
Filing with the county recording officer. Approval of a minor subdivision or site plan shall expire 190 days from the date on which the resolution of the approval is adopted unless within such period a plat in conformity with such approval and 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 Borough Engineer and the Borough Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the chairperson and secretary of the Board. In reviewing the application for development for a proposed minor subdivision, the Board may accept a plat not in conformity with N.J.S.A. 46:23-9.9 et seq., provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed such plat shall conform with the provisions of the said act. Prior to filing the plat, all legal requirements for dedication of public facilities shall be completed.
J.
Extensions.
(1)
The Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to this chapter if the developer proves to the reasonable satisfaction of the Board:
(a)
That the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities; and
(b)
That the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(2)
The Board shall grant an extension of minor subdivision or site plan approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays of obtaining legally required approvals from other governmental agencies and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before what would otherwise be the expiration date of minor subdivision or site plan approval; or the 91st day after the developer receives the first legally required approval from other governmental entities, whichever occurs later.
K.
Distribution of copies. A copy of the recorded plat or a copy of the recorded deed or in the case of site plan approval, a copy of the approved site plan and eight paper copies, shall be filed with the Board Secretary of the appropriate Board. The Board Secretary shall distribute copies of the plat, deed or plan to the following:
(1)
Planning Board or Board of Adjustment.
(2)
Borough Engineer.
(3)
Construction Official/Zoning Officer.
(4)
Tax Assessor.
(5)
Secretary of the Borough Board of Health.
(6)
Such other Borough, county or state agencies as directed by the Board.
L.
Lands resulting from minor subdivisions. No subdivider or owner shall be entitled to approval of a minor subdivision for any land which has been subdivided as a minor subdivision within 48 months immediately preceding the subdivision application.
§ 125-67 Preliminary major subdivision and site plan approval.
A.
Application. A total of 20 prints of the preliminary plat together with 20 completed application forms for preliminary approval shall be submitted to the Municipal Clerk three weeks prior to the Planning Board meeting at which consideration is desired. At the time of filing, the required application fee shall be paid to the Planning Board Secretary.
B.
Submission requirements.
(1)
Submission requirements for preliminary major subdivision approval are provided in the Preliminary Major Subdivision Checklist in § 125-70D. Submission requirements for preliminary major site plans are provided in the Preliminary Major Site Plan Checklist in § 125-70E.
(2)
The applicant shall forward copies of the plat or site plan to the following for review and comment, where appropriate:
(a)
Planning Board or Board of Adjustment.
(b)
Borough Engineer.
(c)
Borough Board of Health.
(d)
Construction Official/Zoning Officer.
(e)
Environmental Commission.
(f)
Bergen County Planning Board.
(g)
Bergen County Soil Conservation District.
(h)
Borough Historic Preservation Commission.
(i)
Fair Lawn Main Street, Inc.
[Added 11-24-2009 by Ord. No. 2168-2009; amended 2-7-2023 by Ord. No. 2647-2023]
(j)
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(2)(j), added 11-24-2009 by Ord. No. 2168-2009, which listed River Road Improvement Corporation, was repealed 2-7-2023 by Ord. No. 2647-2023.
(k)
Borough Economic Development Corporation.
[Added 11-24-2009 by Ord. No. 2168-2009]
(l)
Borough Shade Tree Advisory Committee.
[Added 11-24-2009 by Ord. No. 2168-2009]
(m)
Borough Fire Board Representative.
[Added 11-24-2009 by Ord. No. 2168-2009]
(n)
Borough Police Department – Traffic Division.
[Added 11-24-2009 by Ord. No. 2168-2009]
(3)
The Board shall also have the authority to refer any plat to other agencies or individuals for comment or recommendations.
C.
Exhibits required. A written statement from the applicant indicating:
(1)
Type of structure to be erected.
(2)
Nature of business, if commercial or industrial.
(3)
Approximate date of start of construction.
(4)
Sequencing of construction.
(5)
Estimated number of lots for which final approval will be requested by phases.
D.
Review. The officials and agencies cited above shall forward their comments and recommendations in writing to the Board within 30 days from the receipt of the plat.
E.
Notice of public hearing. At the time when the Board considers the application and determines that the application is complete and ready for public hearing, the Board shall set a date for the public hearing and notify the applicant of said date. After such notification by the Board, the applicant shall follow the procedures established in this chapter with respect to the notice of hearing.
F.
Revisions. The Board may require the filing of an amended application which shall proceed as in the case of the original application for development. The time within which the Board shall review the amended application and make its determination shall commence as of the date filing of the amended plat. If the applicant fails to submit an amended application within the original time for review authorized by this chapter, the Board shall be obligated to act on the original application. If, at the discretion of the Board, the change or changes are considered minor in nature, the applicant may be given approval subject to the submission of an amended plan indicating the changes.
G.
Other required approvals.
(1)
If a Board disapproves a subdivision plat, the reasons for disapproval shall be returned with the plat.
(2)
Before preliminary approval is granted for any plat involving a proposed extension of any sanitary sewer system, the Borough Council shall first authorize the sewer extension by resolution.
(3)
If the Board approves a plat conditioned upon County Planning Board approval or that of any other governmental agency, officer or public body and in meeting any conditions of County Planning Board or other governmental agency approval there is a substantial change in the design, access, circulation, drainage or improvement, the revised plat shall be resubmitted to the Borough.
H.
Action.
(1)
Subdivisions.
(a)
The Board shall approve, conditionally approve or deny a preliminary major subdivision application of 10 lots or less within 45 days after the application is certified complete unless the applicant shall extend the period of time within which the Board may act.
(b)
The Board shall approve, conditionally approve or deny the preliminary major subdivision application of more than 10 lots within 95 days after the application is certified complete unless the applicant shall extend the period of time within which the Board may act.
(c)
If a preliminary subdivision application is being considered by the Zoning Board of Adjustment simultaneously with an application for a use variance, the Zoning Board of Adjustment shall act on the application within 120 days after the application is certified complete unless the applicant shall extend the period of time within which the Board may act.
(d)
Failure of the Board to act within the time prescribed shall constitute preliminary major approval and a certificate of the Board Chairman as to the failure of the Board to act shall be issued on request of the Applicant. Said certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be accepted by the county recording officer for purposes of filing subdivision plats. The Board shall include findings of fact and conclusions based on the testimony and documentary evidence submitted and shall reduce their determination to writing in accordance with law.
(2)
Site plans.
(a)
The Board shall approve, conditionally approve or deny the preliminary major site plan which involves 10 acres of land or less or 10 dwelling units or less within 45 days after the application is certified complete unless the applicant shall extend the period of time within which the Board may act.
(b)
The Board shall approve, conditionally approve or deny the preliminary major site plan of more than 10 acres or more than 10 dwelling units within 95 days after the application is certified complete unless the applicant shall extend the period of time within which the Board may act.
(c)
If a preliminary site plan application is being considered by the Zoning Board of Adjustment simultaneously with an application for a use variance, the Zoning Board of Adjustment shall act on all aspects of the application within 120 days after the application has been certified complete unless the applicant shall extend the period of time within which the Board may act.
(d)
Failure of the Board to act within the time prescribed shall constitute preliminary major site plan approval and a certificate of the Board Chairman as to the failure of the Board to act shall be issued on request of the applicant. Said certificate shall be sufficient in lieu of a written endorsement or other evidence of approval herein required.
(3)
Where the remaining portion of the original tract is sufficient to be subdivided or further developed, the applicant may be required to submit a sketch of the entire remaining portion of the tract to indicate that the proposed subdivision or development, together with such subsequent subdivision(s) or development(s) as may be submitted in the future, is feasible. Any requirements under this subsection shall be limited to those that will prevent the proposed development from causing any reasonably avoidable damage to any adjacent property or any environmental resource.
(4)
If the Board acts favorably on the preliminary plat or plan, the Chair and Secretary of the Board (or, where either or both may be absent, the Acting Chair or Secretary) shall affix their signatures to at least 10 copies of the plat or plan with the notification that it has been approved.
(5)
Should minor revisions or additions to the plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions and receipt of revised plans within 30 days from the date of said approval. Should major revisions be deemed necessary, the Board shall require that an amended plan be submitted and acted upon as in the case of the original application for preliminary approval.
(6)
If the Board, after consideration and discussion of the preliminary plat or plan, denies the application, a notation shall be made by the Chair of the Board to that effect on the plat or plan and a resolution adopted setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of such determination.
I.
Effect of preliminary approval of major subdivision and site plans.
(1)
If the Planning Board or Board of Adjustment approves the preliminary plat, it shall make a notation to that effect and a resolution shall be adopted setting forth the approval and any conditions of approval.
(2)
Extensions. Preliminary approval of a major subdivision and site plan, except as provided in Subsection I(2)(d) of this section, shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval as specified by N.J.S.A. 40:55D-1 et seq.:
(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 sizes; yard dimensions and off-tract improvements; and in the case of a site plan, any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41, except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as related to public health and safety.
(b)
That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be.
(c)
That the applicant may apply for and the Board may grant extension 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 and improvement standards have been revised by ordinance, such revised standards may govern.
(d)
In the case of a subdivision of or a site plan for an area of 50 acres or more, the appropriate Board may grant the rights referred to in Subsection I(2)(a), (b) and (c) above for such period of time, longer than three years, as shall be determined by the appropriate Board to be reasonable taking into consideration:
[1]
The number of dwelling units and nonresidential floor area permissible under preliminary approval;
[2]
The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval;
[3]
Economic conditions; and
[4]
The comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
(e)
Whenever the Board grants an extension of preliminary approval pursuant to Subsection I(c) or (d) above and preliminary approval has expired before the date on which the extension was granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for an extension either before or after what would otherwise be the expiration date.
(f)
The Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. The developer shall apply for the extension before what would otherwise be the expiration date of the preliminary approval or the 91st day after the developer received the last legally required approval from other governmental entities, whichever is later. An extension granted pursuant to this section shall not preclude the Board from granting an extension pursuant to Subsection I(2)(c) or (d) above.
(3)
Where the developer seeks to commence construction of the project prior to final approval, the developer shall submit the engineering plans and specifications for the improvements to the Borough Engineer who shall approve or deny them within 35 days. In the event of a denial, the specific reasons shall be forwarded to the applicant by the Borough Engineer. If revised plans are submitted in response to a denial letter, they shall be approved or denied within 20 days with the same requirements as previously imposed for the denial. After the plans have been approved by the Board, the developer shall comply with the requirements of the performance guaranties of this chapter. All of the above shall be verified by the Borough Engineer at a preconstruction meeting. Thereafter, the developer may commence construction of the project prior to final approval.
J.
Compliance with site plan approval.
(1)
All proposed improvements or development indicated on the approved site plan map shall meet the requirements of all applicable codes, ordinances and specifications of the Borough, county, state or federal governments and other agencies with jurisdiction over matters pertaining to site development.
(2)
The Construction Official and/or the Borough Engineer may authorize minor variations in the site plan caused by field conditions and shall notify the Board of such variations.
K.
Revocation of construction permit. In the event of a failure to comply with any condition of the preliminary site plan approval, the Construction Official or Borough Engineer, on his or her own initiative, may revoke the construction permit and seek to enjoin the violation or take such other steps as permitted by law.
L.
Signatures required. If the Board favorably acts on a preliminary plat or plan, the Chairperson and the Secretary of the Board shall affix their signatures to the plat or plan with a notation that it has received preliminary approval and shall return same to the applicant for compliance with final approval requirements. Where conditional approval is granted, the Chairperson and the Secretary of the Board shall not affix their signatures to the plat until all conditions required for approval have been complied with.
M.
Distribution of approved preliminary major subdivision and site plans. The applicant shall provide the Board Secretary with eight copies of the approved preliminary plat, which shall be distributed as follows and where appropriate:
(1)
Planning Board or Board of Adjustment.
(2)
Borough Engineer.
(3)
Construction Official/Zoning Officer.
(4)
Secretary of the Borough Board of Health.
(5)
County Planning Board.
(6)
Bergen County Soil Conservation District.
(7)
Borough Tax Assessor.
N.
No application for final approval of any preliminary approval granted pursuant to the procedures set forth hereinabove will be accepted unless it is submitted within three years (plus extensions) of the grant of preliminary approval to a site plan or major subdivision.
[Added 6-15-2004 by Ord. No. 1980-2004]
§ 125-68 Final approval of major subdivisions and site plans.
A.
Application.
(1)
Submission of final plat of major subdivision. A total of 20 prints and 20 copies of the completed application form shall be submitted to the Planning Board Secretary for forwarding to the Planning 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 Planning Board Secretary.
(2)
Submission of final site plan. (Reserved)
B.
Submission requirements.
(1)
Submission requirements for final major subdivision approval are provided in the Final Major Subdivision Checklist in § 125-70D. Submission requirements for final major site plan approval are provided in the Final Major Site Plan Checklist in § 125-70E.
(2)
The applicant shall forward copies of the plan or plat to the following officials for review and comment where appropriate:
(a)
Planning Board or Board of Adjustment.
(b)
Borough Engineer.
(c)
Borough Board of Health.
(d)
Tax Assessor.
(e)
Construction Official/Zoning Officer.
(f)
Environmental Commission.
(g)
Bergen County Planning Board.
(h)
Bergen County Soil Conservation District.
(i)
Fair Lawn Main Street, Inc.
[Added 11-24-2009 by Ord. No. 2168-2009; amended 2-7-2023 by Ord. No. 2647-2023]
(j)
(Reserved)[1]
[1]
Editor's Note: Former Subsection B(2)(j), added 11-24-2009 by Ord. No. 2168-2009, which listed River Road Improvement Corporation, was repealed 2-7-2023 by Ord. No. 2647-2023.
(k)
Borough Economic Development Corporation.
[Added 11-24-2009 by Ord. No. 2168-2009]
(l)
Borough Shade Tree Advisory Committee.
[Added 11-24-2009 by Ord. No. 2168-2009]
(m)
Borough Fire Board Representative.
[Added 11-24-2009 by Ord. No. 2168-2009]
(n)
Borough Historic Preservation Commission.
[Added 11-24-2009 by Ord. No. 2168-2009]
(o)
Police Department – Traffic Division.
[Added 11-24-2009 by Ord. No. 2168-2009]
(3)
The Board shall also have the authority to refer any plan or plat to other agencies or individuals for comment or recommendations.
C.
Exhibits required.
(1)
Unless the preliminary subdivision plat or site plan was approved without changes, the final plat or plan shall have incorporated all changes, modifications and conditions required by the Planning Board as part of preliminary approval.
(2)
The final plat shall be accompanied by a statement from the Borough Engineer that the municipality is in receipt of the following:
(a)
A map showing all utilities in exact location and elevation, identifying those portions already installed and those to be installed.
(b)
That the applicant has either completed the installation of all improvements in accordance with the requirements of this chapter or posted with the Municipal Clerk a performance guaranty in an amount sufficient to cover the cost of all improvements as required by this chapter or uncompleted portions thereof, as estimated by the Borough Engineer and assuring the installation of such improvements on or before an agreed date.
(c)
That all times and amounts required for the maintenance guaranty have been provided.
(d)
That the final plat conforms to the preliminary plat as submitted and approved with changes as noted in an affidavit from applicant.
(e)
That all items required by the checklist for final approval have been provided.
D.
Review. The officials and agencies shall forward their comments and recommendations in writing to the Board within 30 days from the receipt of the final plat or site plan.
E.
Revisions. The Board may require the filing of an amended application which shall proceed as in the case of the original application for development. The time within which the Board shall review the amended application and make its determination shall commence as of the date of the filing of the amended plat. If the applicant fails to submit an amended application within the original time for review authorized by this chapter, the Board shall be obligated to act on the original application. If, at the discretion of the Board, the change or changes are considered minor in nature, the applicant may be given approval subject to the submission of an amended plan indicating the changes.
F.
Final approval of site plans and major subdivisions.
(1)
The Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions for preliminary approval, and, in the case of a major subdivision, the standards prescribed in the Map Filing Law, P.L. 1960, c. 141.[2] In the case of a planned unit development, planned unit residential development or residential cluster, the Board may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.
[2]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(2)
Final approval shall be granted or denied within 45 days after submission of a complete application or within such further time as may be consented to by the applicant. Failure of the Board to act within the period prescribed shall constitute final approval and a certificate of the Board Chairman as to the failure of the Board to act shall be issued on request of the applicant. Said certificate shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and, in the case of subdivision plans, shall be so accepted by the county recording officer for purposes of filing.
(3)
Whenever review or approval of the application by the County Planning Board is required, the Board shall condition its approval 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.
G.
Effect of final approval of site plan or major subdivision.
(1)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval was adopted; 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 required time period. If the developer has followed the standards prescribed for final approval and has duly recorded the plat with the county recording officer, the Board 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 this article.
(2)
Extension of time.
(a)
In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision for 150 acres or more or site plan for the development of a nonresidential floor area of 200,000 square feet or more, the Board may grant the rights referred to in Subsection G(1) above for such period of time, longer than two years, as shall be determined by the Board to be reasonable, taking into consideration:
[1]
The number of dwelling units and nonresidential floor area permissible under final approval.
[2]
Economic conditions.
[3]
The comprehensiveness of the development.
(b)
The developer may apply for thereafter and the Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration the following:
[1]
The number of dwelling units and nonresidential floor area permissible under final approval;
[2]
The number of dwelling units and nonresidential floor area remaining to be developed;
[3]
Economic conditions; and
[4]
The comprehensiveness of the development.
(3)
Whenever Board grants any extension of final approval and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the extension date.
(4)
The Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for an extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this section shall not preclude the Board from granting an extension pursuant to Section A or B above.
H.
Improvement guaranties required; surety; release. Before recording final subdivision plats or as a condition of final site plan approval, the Board shall require and shall accept, for the purpose of assuring the installation and maintenance of on-tract public improvements and landscaping, performance maintenance and other guaranties in accordance with N.J.S.A. 40:55D-53 of the Municipal Land Use Law and Article VIII of this chapter.
I.
Recording of final subdivision approval.
(1)
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The Board may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat. The Board may extend the ninety-five-day or one-hundred-ninety-day period if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer applied promptly for and diligently pursued required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Board. The developer may apply for an extension either before or after the original expiration date.
(2)
No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Board as indicated on the instrument by the signature of the Chairperson and Secretary of the Board. The signatures of the Chairperson and Secretary of the Board shall not be affixed until the developer has posted the guaranties required by this chapter. If the county 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.
(3)
If shall be the duty of the county recording officer to notify the Board in writing within seven days of the filing of any plat, identifying such instrument by its title, date of filing and official number.
J.
Compliance with final site plan approval.
(1)
All proposed improvements or development indicated on the approved site plan map shall meet the requirements of all applicable codes, ordinances and specifications of the Borough, county, state of federal governments and other agencies with jurisdiction over matters pertaining to site development.
(2)
The Construction Official and/or the Borough Engineer may authorize minor variations in the final site plan caused by field conditions and shall notify the Board of such variations.
K.
As-built plans. At such times as all utilities and public improvements have been installed and constructed, reproducible as-built plans for such utilities and public improvements shall be filed with the Borough Engineer. Public improvements shall not be accepted by the Borough until such plans are presented and approved by the Borough Engineer. An as-built site plan of the development shall be submitted to the Borough Engineer prior to the issuance of a final certificate of occupancy.
L.
Notification to Tax Assessor of municipality. Upon the filing of a plat showing the subdivision or resubdivision of land, the county recording officer shall send a copy of such notification to the Borough Tax Assessor at the same time that notification is given to the Borough Board pursuant to N.J.S.A. 40:55D-54.
M.
Signatures required. If the Board favorably acts on a final plat or plan, the Chairperson and the Secretary of the Board shall affix their signatures to the plat or plan with a notation that it has received final approval and shall return same to the applicant for compliance with final approval requirements.
N.
Distribution of approved plat. After the approval or denial of a final major subdivision or site plan, the applicant shall provide seven copies of the signed plat and/or resolution of memorialization and shall be distributed as follows, where appropriate:
(1)
Secretary of Planning Board.
(2)
Borough Engineer.
(3)
Construction Official.
(4)
Tax Assessor.
(5)
Soil Conservation District.
O.
Issuance of certificate of occupancy. The issuance of a certificate of occupancy for any residence within a major subdivision shall be accompanied by a statement from the Borough Engineer that all public improvements affecting the residence in question have been installed and a statement from the Borough Attorney that all required deeds of dedication have been reviewed and approved.
P.
Final approval of major subdivisions and site plans shall expire if no construction, alteration or conversion of the site has commenced within two years plus one day from the date of final approval.
§ 125-69 Preliminary approval of planned developments.
(Reserved)
§ 125-70 Checklists. [1]
No application for development shall be deemed complete unless the following items, information and documentation are submitted to the approving Board:
A.
Conceptual Plan Checklist and Application.
B.
Minor Subdivision Checklist.
C.
Minor Site Plan Checklist.
D.
Major Subdivision — Preliminary & Final Checklist.
E.
Major Site Plan — Preliminary & Final Checklist.
F.
Environmental Impact Preliminary Statement.
G.
Checklist for Variances. Annexed hereto is the Checklist for Variances.
[Added 10-24-2006 by Ord. No. 2064-2006[2]]
[2]
Editor's Note: This ordinance also provided for the redesignation of former Subsection G as Subsection H.
H.
Contribution disclosure statements.
[Added 4-25-2006 by Ord. No. 2050-2006
(1)
Purpose. The purpose of this Subsection H is to enhance the Borough's commitment to openness in government and to provide guarantees for fair and impartial land development applications by requiring disclosure of reportable political contributions made by property owners, developers and professionals engaged in the process.
(2)
Definitions. The following terms shall have the meanings indicated:
CHECKLIST
The list of submission requirements adopted by ordinance and as per N.J.S.A. 40:55D-10.3.
CONTRIBUTION
Reportable political contributions of more than $300 (reportable as per N.J.S.A. 19:44A-20.26) made within the 12 months preceding submission of an application for development; provided, however, such contributions are limited to those made to or on behalf of any candidate, candidate committee, joint candidates committee, political committee, continuing political committee or political party committee of, and only pertaining to, campaigns for elected offices in the Borough of Fair Lawn and/or campaigns for elected offices in the County of Bergen, and further including political action committees (PACs) that are organized for the purpose of promoting or supporting such candidacies.
CONTRIBUTION DISCLOSURE STATEMENT
A list specifying the amount, date and recipient of any relevant contributions.
DEVELOPER
The legal or beneficial owner or owners of land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or any other person having an enforceable proprietary interest in such land.
MUNICIPAL AGENCY
The Borough Planning Board and Zoning Board of Adjustment of the Borough of Fair Lawn.
PROFESSIONAL
Any person required to be licensed by the State of New Jersey and who is engaged to furnish legal representation, expert testimony or written reports in support of certain applications for development (as defined in N.J.S.A. 40:55D-3). Professionals shall include both any individuals supplying the representation, testimony or reports and the firms and principal partners, members or officers of those entities in which said individuals practice.
(3)
General provisions.
(a)
Disclosure requirements.
[1]
Any application before a municipal agency involving any development other than single-family residential or a minor subdivision that would create single-family residential lots shall include contribution disclosure statements setting forth the information hereinafter required. Contribution disclosure statements shall be executed under oath by the developer; all associates of the developer who would be subject to disclosure pursuant to N.J.S.A. 40:55D-48.1 or 40:55D-48.2; and all professionals engaged in the application process on behalf of the developer.
[2]
During the pendency of the application process until final approval(s) associated with the application is granted, any person or entity required to comply with this Subsection H shall amend its contribution disclosure statement to include continuing disclosure of all contributions within the scope of the disclosure requirement of the above subsection.
(b)
Inclusion of contribution disclosure statements as an element of all checklists within the Borough of Fair Lawn.
[1]
All checklists established pursuant to N.J.S.A. 40:55D-10.3, including but not limited to those referenced in § 125-70, Checklists, of the Borough Code, shall include contribution disclosure statements, as required herein.
[Amended 10-24-2006 by Ord. No. 2064-2006]
[2]
Each municipal agency shall amend and supplement its checklists to include the requirement of a contribution disclosure statement as specified herein.
[3]
An application shall not be deemed complete by the administrative official or accepted for public hearing by the municipal agency until required contribution disclosure statements are submitted.
(c)
Availability of contribution disclosure statements. All contribution disclosure statements shall be available in the office of the administrative officer for review by any member of the public.
(d)
Contribution disclosure statements not evidentiary. It is the intent of this Subsection H that contribution disclosure statements shall serve solely as a means to inform the public and shall not serve in any manner as evidence relevant to the decision-making criteria for granting or denying requested reviews and approvals by a municipal agency. Such decisions shall continue to be governed strictly under the relevant criteria set forth in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., or other relevant law.
[1]
Editor's Note: All checklists are included at the end of this chapter.
