Franklin Lakes City Zoning Code

Promote orderly development: to protect the character and to maintain the stability of all areas within the community and to promote the orderly and beneficial development of such areas.

Promulgate rules and regulations: to provide rules, regulations and procedures where applicable and to the extent the same have not been otherwise promulgated by ordinance in the Borough of Franklin Lakes which will guide the appropriate development of lands within the Borough in a manner which will promote the public health, safety, morals and general welfare.

To protect against hazards and danger: to secure safety from fire, flood, panic and other natural and man-made disasters.

Design standards: to encourage the design and location of streets which will promote the free flow of traffic while discouraging the location of such facilities and routes which will result in congestion.

Creative development techniques: to promote a desirable physical environment through creative development techniques, design and arrangement.

Open spaces: to promote the conservation of open space and to protect the natural resources and to prevent overcrowding through improper land use.

An informal review of a concept plan is optional. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The purpose will be to review concepts to assist the applicant in the preparation of subsequent plans. Other than classification, no decisions will be made, no hearings held and no formal action taken. Neither the developer nor the approving authority shall be bound by this informal review.

Filing procedure and information for concept review.

The following must be submitted to the Clerk of the approving authority: Sixteen copies of the application, all plot plans, maps and other papers required by virtue of any provision of this chapter, as well as the applicable fee and certification by the Tax Collector that all taxes are paid to date. All submission details are set forth in the forms in the Appendix.[1] Copies shall be submitted minimally 14 days prior to the date of the approving authority's meeting.

A corporation or partnership applying for permission to subdivide a parcel of land, or for a variance to construct multiple dwellings, or for approval of a site to be used for commercial purposes, shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be. If a corporation or partnership owns 10% or more of the stock of a corporation, or a 10% or greater interest in a partnership, subject to the above disclosure, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or a 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder, or partner in a partnership, until the names and addresses of the corporate stockholders and individual partners exceeding the 10% ownership criterion established in this subsection have been listed. No Planning Board, Board of Adjustment or municipal governing body shall approve the application of any corporation or partnership which does not comply with this requirement of N.J.S.A. 40:55D-48.1. The penalty for concealment by a corporation or a partnership shall be as outlined in N.J.S.A. 40:55D-48.4.

Preliminary and final plats are required for all major subdivisions. No person shall sell or agree to sell any land which forms part of a subdivision as defined in this chapter until final approval of such subdivision has been obtained pursuant to this chapter.

Simultaneously with filing the application, copies of the preliminary plat shall be forwarded by the Clerk of the Planning Board to the following persons, as directed by the approving authority:

The applicant shall simultaneously with the filing of the application, forward copies of the preliminary plat to the following when applicable:

The applicant shall produce proof by affidavit of the date such copies were forwarded. The persons and Board may make recommendations in writing the approving board within 30 days after service of the preliminary plat on them. The approving board shall take the recommendations into account, but shall have the authority to proceed in the absence of such recommendation or to disregard or modify such recommendations. Copies of all recommendations shall be sent to the applicant by the recommending professional and boards.

The approving authority through its engineer shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified, in writing, within 45 days of submission in accordance with § 300-11.

Public hearing. If accepted as an application, a public hearing date shall be set by the approving authority and notice given.

Upon submission of a plat, the clerk shall submit one copy of the plat and supporting data to the above named boards and experts listed in § 300-47A(4) for review and action. Each shall have not more than 30 days from receipt of the plat to report to the approving authority. In the event of disapproval, such report shall state the reasons therefor.

The approving authority shall grant or deny preliminary subdivision approval within the following time periods unless some further time has been consented to by the developer. Otherwise, the approving authority shall be deemed to have granted preliminary approval of the subdivision:

The approving authority shall grant or deny preliminary site plan approval within the following time periods unless some further time has been consented to by the developer. Otherwise, the approving authority shall be deemed to have granted preliminary approval of the site plan.

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

The approving authority may approve, disapprove or approve with conditions the application, including action on the environmental impact report (§§ 300-67 and 300-75). The decision shall be in writing and shall be sent to the applicant and the newspaper as required by § 300-34. If the approving authority grants preliminary approval, its Chairman and Secretary, or the Vice Chairman or Assistant Secretary in their absence, respectively, and the Municipal Engineer shall sign each page of the plat indicating the approval. If the plat is conditionally approved, it shall not be signed until all conditions are corrected on the plat. If the corrections are not completed within 90 days of the conditional approval, the conditional approval shall lapse.

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

In the case of a development for an area of 50 acres or more, the approving authority may grant the rights referred to in Subsection B(8)(a), (b), and (c) above for such period of time longer than three years as shall be determined by the approving authority to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section(s) awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.

The developer shall submit to the administrative officer a site plan and such other information as is necessary to make an informed decision as to whether the requirements necessary for site plan approval have been met. The site plan and any associated documents to be submitted shall be prepared pursuant to the provisions of this chapter. Submission details are set forth in the forms in the Appendix.

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 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, applicable state and federal regulations, and sound planning principles, grant preliminary site plan approval.

See § 300-47 regarding procedures to follow upon submission of a complete application.

As a condition of approval the approving authority may require the installation and maintenance of on-tract improvements; and the regulations may require a developer to pay his pro rata share of the cost of off-tract improvements in accordance with N.J.S.A. 40:55D-42.

"Minor subdivision" is defined in § 300-98 of this chapter.

Submission details are set forth in the forms in the Appendix.

Upon receipt of a completed application, the Board shall, within the time periods prescribed by this chapter, take action on the application as provided by law.

The Planning Board may waive notice and public hearing for an application for development if the Board finds that the application conforms to the definition of "minor subdivision" as set forth in Article X.

Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-40 and 40:55D-53 of Chapter 291, Laws of 1975.

Major subdivision is any subdivision of land that is not classified as a minor subdivision.

Submission details are set forth in the forms in the Appendix.

For all applications for preliminary approval of major subdivisions the Planning Board shall hold a public hearing with public notice given by publication in the official newspaper of general circulation in the Borough; and a notice of the hearing shall be given to the owners of all real property as shown on the current tax duplicates located within 200 feet in all directions of the property which is the subject of such hearing and to other persons as required by N.J.S.A. 40:55D-12 and in following the procedures set forth in N.J.S.A. 40:55D-12, and shall have the effect of N.J.S.A. 40:55D-14.

As a condition of approval the approving authority may require the installation and maintenance of on-tract improvements; and the regulations may require a developer to pay his pro rata share of the cost of off-tract improvements in accordance with N.J.S.A. 40:55D-42.

When an applicant proposes an application that meets the definition and criteria for planned development, a general development plan application, consistent with this article, may be submitted.

The minimum land area for the submittal of a GDP application shall be 100 acres.

Any lands contemplated for development under the provisions of the general development plan shall be included in the application.

Submission details are set forth in the forms in the appendix.[1]

Notwithstanding anything to the contrary, the Planning Board shall have the right to make appropriate adjustments to the concept plan once the site is fully engineered to account for health and safety concerns.

Prior to the approval of a GDP application, the Planning Board shall find the following facts and conclusions:

The Planning Board may set forth those conditions which it deems necessary to protect the interests of the general public and the residents and occupants of the planned unit development. Such conditions may include, but are not limited to, the sequence and distribution of uses and densities, limitations of land areas to be developed within a given period, or provision of physical means to address critical or unique environmental conditions. Such conditions shall be predicated on the following criteria:

Effect of approval.

Prior to the expiration of preliminary plat approval, the developer shall file with the administrative officer, at least 14 days prior to the meeting of the approving authority, the original tracing cloth or Mylar copies; 10 black-on-white paper prints of the plat; four completed copies of the application form and final plat checklist; the performance guaranty approved by the governing body, including off-tract improvements, if any; any maintenance guaranties; the applicable fee; certification by the Tax Collector that all taxes are paid to date; certification by the Soil Conservation District pursuant to the Soil Erosion and Sediment Control Act, Chapter 251 of the Laws of 1975;[1] and if common open space lot or lots are included in the application, a separate map showing the individual lot or lots that are to be designated as common open space, which map shall have shown thereon the data listed on the Application Checklist in Appendix A.[2]

Where utility services are to be extended to the development, the final plat shall be accompanied by letters directed to the Chairman of the approving authority and signed by a responsible officer of the water company, sewer authority and utility which provides gas, telephone and electricity that has jurisdiction in the area. Such letters shall approve each proposed utility installation design and state who will construct the facility.

The final plat shall be accompanied by a statement by the Borough Engineer that he is in receipt of a map showing all utilities and other improvements (both in the development and off-tract improvements) in exact location and elevation; that he has examined the street, drainage erosion, stormwater control and excavation plans and found that the interests of the Borough and of nearby properties are fully protected and identifying those portions of any improvements already installed; and that the developer has either:

The approving authority shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified within 45 days of submission. (See § 300-11.) If accepted as a complete application, the approving authority shall grant final approval if the detailed drawings, specifications and estimates conform to the standards established by this chapter, the conditions of previous reviews, the changes and/or conditions of previous reviews, the changes and/or conditions required on the informal plat in cases where there has been no preliminary plat, and the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. In the case of a minor or exempt subdivision or minor or exempt site plan where there has been no previous submission of an informal or preliminary plat, the approving authority may waive the required notices and hearing. In the case of a planned development, the approving authority may permit minimal deviations from the conditions of preliminary plat approval necessitated by a change of conditions beyond the control of the developer since the date of preliminary approval. Minimal deviations shall not require the developer to submit another application for preliminary approval.

Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. An approved final plat shall be signed by the Chairman and Secretary of the approving authority, or the Vice Chairman or Assistant Secretary in their absence, respectively. Failure of the approving authority to act within the period prescribed shall constitute final approval, and a certificate of the administrative officer as to the failure of the approving authority to act shall be issued on request of the applicant. Such certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such a period the plat shall have been duly filed by the developer with the county recording officer. The approving authority may for good cause shown extend the period for recording for an additional period not to exceed 190 days from the date of the signing of the plat. No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the approving authority as indicated on the instrument by the signature of the Chairman and Secretary of the approving authority, or the Vice Chairman or Assistant Secretary in their absence, respectively, or a certificate has been issued as to the failure of the approving authority to act within the required time. The signatures of the Chairman and Secretary shall not be affixed until the developer has posted the required guaranties. If the county recording officer records any plat without such approval, such recording shall be deemed null and void, and, upon request of the municipality, the plat shall be expunged from the official records. It shall be the duty of the county recording officer to notify the Planning Board, in writing, within seven days of the filing of any plat, identifying such instrument by its title, date of filing and official number.

Provided that the approved final subdivision plat has been filed with the county recording officer, the zoning requirements applicable to the preliminary approval first granted to a site plan or a major subdivision and all other rights conferred upon the developer pursuant to the Municipal Land Use Law, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the approving authority may extend such period of protection for extensions of one year, but not to exceed three extensions. Upon granting of final approval, the rights conferred upon the applicant by the granting of preliminary approval shall be terminated upon final approval.

Provided that the approved final plat of a minor subdivision has been filed with the county recording officer, the zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision approval.

Upon final approval by the Planning Board and after all required signatures are placed on the original tracing, the administrative officer shall request the Borough Engineer to have one cloth print and Mylar reproducible and 10 copies each made of such final plat and file a copy thereof with each of the following: The administrative officer of the Board, the Engineer of the Board, Borough Clerk, Construction Official, Tax Assessor, Board of Health, Shade Tree Commission, and any other agency or person directed by the approving authority.

The site plan and an application for final approval shall be submitted to the proper administrative officer with the required fee. If there have been no changes in the approved preliminary site plan, the same plan may be used in connection with the application for final approval and no further final plan shall be required for approval. Five white prints (blue- or black-on-white) of the site plan shall accompany the application. Four completed copies of the application form and final plat checklist must be submitted along with the prints. The performance guaranty approved by the governing body, including off-tract improvements, if any; any maintenance guaranties; the applicable fee; certification by the Tax Collector that all taxes are paid to date; certification by the Soil Conservation District pursuant to the Soil Erosion and Sediment Control Act, Chapter 251 of the Laws of 1975.[1]

Where utility services are to be extended to the development, the final site plan shall be accompanied by letters directed to the Chairman of the approving authority and signed by a responsible officer of the water company, sewer authority and utility which provides gas, telephone and electricity that has jurisdiction in the area. Such letters shall approve each proposed utility installation design and state who will construct the facility.

The final site plan shall be accompanied by a statement by the Borough Engineer that he is in receipt of a map showing all utilities and other improvements (both in the development and off-tract improvements) in exact location and elevation; that he has examined the street, drainage erosion, stormwater control and excavation plans and found that the interests of the Borough and of nearby properties are fully protected and identifying those portions of any improvements already installed; and that the developer has either:

The approving authority shall review the submission for its completeness and take action on accepting or rejecting the submission as a complete application. If rejected, the applicant shall be notified within 45 days of submission. (See § 300-11.) If accepted as a complete application, the approving authority shall grant final approval if the detailed drawings, specifications and estimates conform to the standards established by this chapter, the conditions of previous reviews, the changes and/or conditions of previous reviews, the changes and/or conditions required on the informal plat in cases where there has been no preliminary plat, and the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. In the case of a minor subdivision or minor site plan where there has been no previous submission of an informal or preliminary plat, the approving authority may waive the required notices and hearing. In the case of a planned development, the approving authority may permit minimal deviations from the conditions of preliminary plat approval necessitated by a change of conditions beyond the control of the developer since the date of preliminary approval. Minimal deviations shall not require the developer to submit another application for preliminary approval.

Final approval shall be granted or denied within 45 days after submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. An approved final plat shall be signed by the Chairman and Secretary of the approving authority, or the Vice Chairman or Assistant Secretary in their absence, respectively. Failure of the approving authority to act within the period prescribed shall constitute final approval, and a certificate of the administrative officer as to the failure of the approving authority to act shall be issued on request of the applicant. Such certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

The zoning requirements applicable to the preliminary approval first granted to a site plan and all other rights conferred upon the developer pursuant to the Municipal Land Use Law, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the approving authority may extend such period of protection for extensions of one year, but not to exceed three extensions. Upon granting of final approval, the rights conferred upon the applicant by the granting of preliminary approval shall be terminated upon final approval.

Upon final approval by the approving board, a copy of the plat shall be filed with each of the following: the administrative officer of the Board, the Engineer of the Board, Borough Clerk, Construction Official, Tax Assessor, and any other agency or person directed by the approving authority.

Digital data must be submitted in real-world coordinates (ground coordinates). At least one point on the boundary of the survey must have true state plane coordinates. This point should be distinctly noted in the submittal and its coordinate values provided.

A horizontal datum reference of North American Datum 1983 - New Jersey U.S. Feet (2011 adjustment - NAD 83) shall be utilized. Vertical datum shall reference New Jersey North American Vertical Datum 1988 (NAVD 88). Elevations referencing National Geodetic Vertical Datum 1929 (NGVD 29) are acceptable, but must include conversion to NAVD 88.

The digital CAD files shall have mapped features and associated text stored on unique layers.

The digital CAD files shall be saved with a display view matching the submitted hardcopy prints.

The digital CAD files shall be submitted on compact disk (CD-R).

Acceptable drawing formats include:

Plans shall include bearings and distances of the whole tract including proposed roadways, lot lines and easements.