Highland Park, NJ Zoning Ordinance

Approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless within such period a plan in conformity with such approval and the provisions of the Map Filing Law or a deed clearly describing the approved minor subdivision is filed by the applicant with the Middlesex County Recording Officer, the Borough Engineer and the Borough Tax Assessor. Any plan or deed accepted for such filing shall have been signed by the chairman and secretary of the approving board.

The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to this subsection if the developer proves to the reasonable satisfaction of the Planning 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 Planning Board. The developer may apply for the extension either before or after what would otherwise be the expiration date.

The Planning Board shall grant an extension of minor subdivision 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. A developer shall apply for the extension before: a) what would otherwise be the expiration date of minor subdivision approval; or b) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.

The applicant shall submit to the administrative officer at least 21 days prior to the public meeting of the approving board 20 blue- or black-on-white copies of the sketch plat; 20 completed copies of the standard development application form; three completed copies of the sketch plat checklist; three copies of any protective covenants, deed restrictions and easements applying to the land being developed; five copies of the drainage calculations and soil erosion and sediment control data, if required; 10 copies of any required traffic, environmental or other study or report as may be required by the Board; the applicable fee; and certification by the Tax Collector that all taxes are paid to date. If the applicant is not the owner of record of the land, then all contractual agreements concerning its use shall be submitted. If the application is found to be incomplete, the applicant shall be notified within 45 days of submission of such application or it shall be deemed to be properly submitted.

§ 230-59 Submission of preliminary subdivision plat.

[Amended by Ord. No. 1304]

Any owner of land within the municipality shall, prior to subdividing or resubdividing land, as defined in this chapter, submit to the administrative officer at least 21 days prior to a regular meeting of the approving authority, 25 blue- or black-on-white copies of the preliminary plat; 25 completed copies of the standard development application form; three completed copies of the preliminary plat checklist; three copies of any protective covenants, deed restrictions and easements applying to the land being developed; three copies of the drainage calculations and soil erosion and sediment control data, if required; the applicable fee; and certification by the Tax Collector that all taxes are paid to date. If the applicant is not the owner of record of the land, then all contractual agreements concerning its use shall be submitted. If the application is found to be incomplete, the applicant shall be notified in writing within 45 days of submission of such application or it shall be deemed to be properly submitted.

If the approving board requires a substantial amendment in the layout of improvements proposed by the applicant 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. The approving board, shall, if the proposed subdivision complies with the standards and provisions of this chapter, grant preliminary approval to the subdivision.

Upon the submission to the administrative officer of a complete application for a subdivision of 10 or fewer lots, the approving board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the applicant. Upon the submission to the administrative officer of a complete application for a subdivision of more than 10 lots, the approving board shall grant or deny within 95 days of the date of such submission or within such further time as may be consented to by the applicant. Failure of the approving authority to act within the above-prescribed time periods shall be deemed to have granted preliminary subdivision approval.

Two preliminary plans shall be filed by the applicant with the Middlesex County Planning Board. If the Middlesex County Planning Board fails to act on the subdivision application within a thirty-day period, the application shall be deemed to have been approved by the County Planning Board. However, by mutual agreement between the County Planning Board and the approving board, with the approval of the applicant, the thirty-day period may be extended for an additional thirty-day period. Any such extension shall so extend the time within which the municipal approving authority shall be required by law to act. Should the Middlesex County Planning Board fail to receive an approved extension of time, and the Secretary of the County Planning Board shall attest on the final plan to the failure of the County Planning Board to report within the required time period, such attestation shall be sufficient authorization for further Borough action on the application.

Effect of preliminary approval. Preliminary approval of a major subdivision shall, except as provided in Subsection F below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; any requirements peculiar to site plan approval, except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary plat.

That the applicant may apply for and the approving authority may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that, if the design standards have been revised by ordinance, such revised standards may govern.

In the case of a development of an area of 50 acres or more, the approving authority may grant the rights referred to in Subsection E 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, economic conditions and the comprehensiveness of the development. The applicant may thereafter apply for and the approving authority may grant an extension to preliminary approval for such additional period of time as shall be determined by the approving authority.

Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection E(3) or F of this section and preliminary 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 expiration date.

The Planning 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. A developer shall apply for the extension before: 1) what would otherwise be the expiration date of preliminary approval; or 2) 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 Planning Board from granting an extension pursuant to Subsection E(3) or F of this section.

§ 230-60 Submission of final subdivision plat.

The applicant shall submit to the administrative officer at least 21 days prior to the public hearing of the approving board 20 blue- or black-on-white copies of the final plat together with 20 completed copies of the standard development application form. The approving board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final approval, the conditions for preliminary approval, and the standards prescribed by the Map Filing Law.

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. Failure of the approving authority to act within 45 days shall constitute final approval. Whenever review or approval of the application by the county approving board is required, the approving board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period. After its approval, an applicant shall file the final subdivision plan which conforms to the Map Filing Law, clearly describing the approved subdivision, with the County Clerk, the Municipal Engineer and the Municipal Tax Assessor. It shall also be filed by the applicant with the Middlesex County Clerk within 95 days of such approval; otherwise such approval shall expire unless the approving board extends the time for filing for an additional period, not to exceed 190 days from the signing of the plat, and the final plan is so filed within such period of time.

Where the final approval contains conditions, if all conditions are not complied with within 180 days from the date of final approval or within such additional time as the approving board shall allow, the final approval shall lapse.

Effect of final approval.

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the applicant, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted, provided that, in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time periods provided herein. If the applicant has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required, the approving board may extend such period of protection by extensions of one year, but there shall not be more than three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.

In the case of a subdivision for a planned development of 50 acres or more or major conventional subdivision or site development plan for 150 acres or more, the approving board may grant the rights referred to herein for such period of time longer than two years as shall be determined by the approving board to be reasonable taking into consideration:

The number of dwelling units and nonresidential floor area permissible under final approval;

Economic conditions; and

The comprehensiveness of the development. The applicant may apply for thereafter, and the approving board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the approving board to be reasonable, taking into consideration:

[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.

Whenever the Planning Board grants an extension of final approval pursuant to Subsection D(1) or (2) of this section 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 expiration date.

The Planning 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 the extension before: 1) what would otherwise be the expiration date of final approval; or 2) 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 Subsection D(4) shall not preclude the Planning Board from granting an extension pursuant to Subsection D(1) or (2) of this subsection.

§ 230-61 Required site plan review.

[Amended by Ord. No. 1292; Ord. No. 1314; Ord. No. 1441; Ord. No. 1509]

Prior to the issuance of a building permit or certificate of occupancy for any new structure or use, change, addition or alteration in structure or use, external renovations, construction of or addition to a parking lot or use of vacant land as a parking lot, change in use of any nonresidential use, or for any new structure or use, a site plan shall be reviewed, approved or waived, as hereinafter provided, by the approving authority. Detached one- and two-family dwellings used exclusively as residences are specifically excluded from the site plan requirement. Specifically included are all applications within the C, PO and CBD Districts for:

Permits for the erection or exterior alteration of any building or structure, including its color, texture and exterior lighting;

Site plan and subdivision applications;

Signs, awnings, canopies and marquees;

Buildings or structures erected upon public land or allowed to extend over or upon any street, sidewalk, public property or public right-of-way;

(5)

Change of permitted use, except where the existing site development meets the requirements of this chapter for the new use;

[Amended 7-6-2010 by Ord. No. 10-1786]

(6)

Minor site improvements such as plantings, shade trees, landscaping or repaving of exterior spaces;

(7)

Location of street furniture.[1]

[1]

Editor's Note: Former Subsection A(8), regarding any other relevant applications, which immediately followed this subsection, was repealed 7-6-2010 by Ord. No. 10-1786.

The approving authority may waive certain site plan content requirements if the proposed construction or alteration or change of occupancy or use does not effect existing circulation, drainage, relationship of buildings to each other, external appearance, landscaping, buffering, lighting, signage, parking or other considerations of site plan review; and further provided that all requirements of the zoning regulations and design standards and guidelines are met. The approving authority may waive the requirements for the notice and a public hearing for minor site plan, at its discretion, on any application.

[Amended 7-6-2010 by Ord. No. 10-1786]

Notwithstanding the provisions of Subsections A and B above and provided compliance with the design standards and guidelines in Art. XVII of this chapter, the Zoning Officer shall waive site plan review, provided the proposed change(s) is limited to the following:

[Amended 7-6-2010 by Ord. No. 10-1786]

Changes in existing or erection of new signs on existing structures, except that the Zoning Officer may not waive site plan review for the facade or wall signs, or painted, silk-screened, illuminated or neon window or door signs for upper-story businesses as referenced in § 230-140I(8);

Exterior painting;

Minor landscaping;

Repair/maintenance to existing structures;

(5)

Interior renovations of existing structures, including those involving changes in tenancy or use, provided there is no increase in parking requirements greater than two additional spaces between the prior and proposed use.

(6)

Changes in existing or erection of new awning, canopies, marquees, shutters, siding, trim or moldings on existing structures;

(7)

Other changes to the facade of an existing building, provided the same do not alter either the amount or location of lot coverage; and

(8)

Sidewalk repair, maintenance or replacement.

Following the decision of the Zoning Officer, any applicant may request that the approving authority review the application pursuant to Subsection A and B of this section. Any such request for review shall be made within 20 days of the decision of the Zoning Officer.

§ 230-62 Certificates of occupancy.

No certificate of occupancy shall be given unless all construction and development conform to the approved site plan, as the same may have been formally revised or amended by the approving authority.

§ 230-63 Submission of minor site plan.

[Amended by Ord. No. 1304]

The applicant shall submit to the administrative officer at least 21 days prior to the public meeting of the approving authority 20 blue- or black-on-white copies of the minor site plan; 20 completed copies of the standard development application form; three completed copies of the minor site plan checklist; three copies of any protective covenants, deed restrictions and easements applying to the land being developed; five copies of the drainage calculations and soil erosion and sediment control data if required; the applicable fee; and certification by the Tax Collector that all taxes are paid to date. If the applicant is not the owner of record of the land, then all contractual agreements concerning its use shall be submitted.

If the application is found to be incomplete, the applicant shall be notified in writing within 45 days of submission of such application or it shall be deemed to be properly submitted.

Upon the submission to the administrative officer of a complete application, the approving authority shall grant or deny approval within 45 days of the date of such submission or within such further time as may be consented to by the applicant. Failure of the approving authority to act within 45 days shall be deemed approval.

Approval of a minor site plan hereunder shall be subject to the procedures and rights afforded pursuant to N.J.S.A. 40:55D-46.1.

§ 230-64 Submission of preliminary site plan.

The applicant shall submit to the administrative officer at least 21 days prior to the public meeting of the approving authority 20 blue or black-on-white copies of the preliminary site plan; 20 completed copies of the standard development application form; three completed copies of the preliminary site plan checklist; three copies of any protective covenants, deed restrictions and easements applying to the land being developed; five copies of the drainage calculations and soil erosion and sediment control data if required; 10 copies of any required traffic, environmental or other study or report; the applicable fee; and certification by the Tax Collector that all taxes are paid to date. If the applicant is not the owner of record of the land, then all contractual agreements concerning its use shall be submitted.

If the application is found to be incomplete, the applicant shall be notified in writing within 45 days of submission of such application or it shall be deemed to be properly submitted.

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

Two preliminary plans shall be filed by the applicant with the Middlesex County Planning Board. If the Middlesex County Planning Board fails to act on the site plan application within a thirty-day period, the application shall be deemed to have been approved by the County Planning Board. However, by mutual agreement between the County Planning Board and the approving board, with the approval of the applicant, the thirty-day period may be extended for an additional thirty-day period. Should the Middlesex County Planning Board fail to receive an approved extension of time, and the Secretary of the County Planning Board attests on the final plan to the failure of the County Planning Board to report within the required time period, such attestation shall be sufficient authorization for further Borough action on the application.

Effect of preliminary approval. Preliminary approval of a site development plan shall, except as provided in Subsection F of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval.

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements, layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site development plan, any requirements peculiar to the site development plan approval, except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary site development plan.

That the applicant may apply for and the approving board may grant extensions of such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that, if the design standards have been revised herein, such revised standards may govern.

In the case of a site development plan for an area of 50 acres or more, the approving board may grant the rights referred to herein for such period of time, longer than three years, as shall be determined by the approving board to be reasonable, taking into consideration:

The number of dwelling units and nonresidential floor area permissible under preliminary approval;

Economic conditions; and

The comprehensiveness of the development. The applicant may apply for thereafter and the approving board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the approving board 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 or sections awaiting final approval;

Economic conditions; and

(d)

The comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern.

§ 230-65 Submission of final site plan.

[Amended by Ord. No. 1304]

The applicant shall submit to the administrative officer at least 21 days prior to the public meeting of the approving authority 20 blue- or black-on-white copies of the final site plan; 20 completed copies of the standard development application form; three completed copies of the final site plan checklist; the applicable fee; and certification by the Tax Collector that all taxes are paid to date. If the applicant is not the owner of record of the land, then all contractual agreements concerning its use shall be submitted.

If the application is found to be incomplete, the applicant shall be notified in writing within 45 days of submission of such application or it shall be deemed to be properly submitted.

The approving board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for:

Final approval;

The conditions for preliminary approval; and

The standards prescribed by the Map Filing Law.

Effect of final approval.

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the applicant, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted, provided that, in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time periods provided herein. If the applicant has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required, the approving board may extend such period of protection by extensions of one year but there shall not be more than three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval for the section granted final approval.

In the case of a subdivision for a planned development of 50 acres or more or major conventional subdivision or site development plan for 150 acres or more, the approving board may grant the rights referred to herein for such period of time, longer than two years, as shall be determined by the approving board to be reasonable, taking into consideration:

The number of dwelling units and nonresidential floor area permissible under final approval;

Economic conditions; and

[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.

Whenever the Planning Board grants an extension of final approval pursuant to Subsection F(1) or (2) of this section 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 expiration date.

The Planning 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 the 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 subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection D(1) or (2) of this section.

§ 230-66 Conditions of approval.

Conditions binding. All conditions of any preliminary and final approval shall be binding upon all present and future owners, tenants, occupants, lessors, lessees, heirs, assignees, developers, contractors and subcontractors.

Failure to maintain. All persons receiving development approval for property or their successors in title shall be responsible for installing, maintaining and properly utilizing on-site, off-site and off-tract improvements required by the Board, including but not limited to parking arrangements, buffer zones, drainage facilities, exterior lighting plans and other requirements of the Board as reflected on the plans and in the Board minutes. Failure of the property owner to install, maintain and/or utilize improvements as provided by the site plan approval shall constitute a violation of this chapter and shall be subject to the enforcement procedures set forth herein.

§ 230-67 Conformity with requirements.

No development application in which a plat is required shall be accepted unless such plat conforms to the following requirements as to form, content and accompanying information and complies with the provisions of N.J.S.A. 46-23.9.9 et seq. (Map Filing Law), as amended. All plats shall be drawn by a land surveyor as required by law, licensed to practice in the State of New Jersey, and shall bear the signature, seal, license number and address of the land surveyor, except that sketch plats of minor subdivisions and minor site plans are exempt from this requirement. All drawings of improvements shall be signed and sealed by a licensed professional engineer of the State of New Jersey.

§ 230-68 Subdivision sketch plat.

The sketch plat shall be based on tax map information or some similarly accurate base, at a scale preferably not less than 100 feet to the inch to enable the entire tract to be shown on one sheet, and shall show or include the following information:

A key map at a scale of one inch equals 400 feet or 500 feet showing the location of the tract to be subdivided and its relationship to surrounding areas within 1,000 feet of its boundaries. Zoning boundaries and the intersection of at least two public streets, together with the names of such streets, shall also be shown.

A title box containing the title of the map, the name of the development, if applicable, the tax map sheet, block and lot numbers, the name, address, license number, signatures and embossed seal of the engineer who prepared the engineering details, if any, the date of original plan preparation, and a box for recording revision dates, all to appear in the lower right-hand corner of the plat.

A survey prepared by a surveyor licensed in the State of New Jersey, or certification of a licensed land surveyor as to boundaries and topographic conditions. Such certification shall include name, address, license number, signature and seal.

Notes adjacent to the title box shall include the name and address of the owner of the tract being subdivided and of the subdivider, if different from the owner. The current zoning and a schedule showing compliance with zoning district bulk requirements shall also be shown.

Names of all adjacent landowners and owners of property directly across any official street, as disclosed by current tax record. Block and lot numbers shall also be provided.

North point and graphic scale.

The location of the tract to be subdivided in relation to any larger tract of which it is a part.

The layout of the proposed subdivision indicating all lot lines and the dimensions thereof in feet and tenths, as well as the acreage of each proposed lot and minimum setback lines.

The location, size, type and specifics of all existing and proposed utilities and storm drainage facilities necessary to service the site.

The location, size and use of all existing structures, wooded areas, watercourses and drainage facilities on the site and within 200 feet of the property in question, as well as the location of all easements, rights-of-way, existing fences, walls, culverts, bridges, roadways, curbs, sidewalks and driveways on the tract. All trees with a caliper of six inches or more as measured three feet above the ground shall also be shown, as shall floodway and flood hazard boundaries, when applicable.

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

Certification that the applicant is the agent or owner of the land, or that the owner has given consent under an option agreement, or that the applicant is a contract purchaser on leases. If the applicant is not the owner of record of the land, then all contractual agreements concerning its use shall be submitted.

Certificate from the Tax Collector that no taxes or assessments for local improvements are due or delinquent.

Signature block for signatures of the Chairman and Secretary of the Board.

The subdivision plan shall indicate the following improvements: necessary water and sewer services, curb, sidewalk, site grading, paved driveway, concrete driveway apron, improved roadway pavement or pavement repairs along frontage of all adjoining streets, and all other improvements required for the development of the proposed subdivision.

Soil erosion and sediment control plan.

Trees proposed to be saved must be located and tree save details provided. Limit of disturbance line must be shown.

The location and dimensions of surface or subsurface structures proposed for demolition must be provided.

Such other information as may be required by the Board in order to make an informed decision.

§ 230-69 Preliminary plat.

[Amended by Ord. No. 1569]

The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than one inch equals 100 feet. Preliminary plats shall be designed and drawn by a person duly licensed for such purpose by the State of New Jersey. The plat shall be designed in compliance with the provisions of this chapter and shall show or be accompanied by the following information:

All items required for sketch plat.

The name of the owner and of all adjoining property owners, as disclosed by the most recent municipal tax records, within 200 feet of the perimeter of the entire tract.

Elevations to be based upon U.S. Coast and Geodetic Survey, showing existing contours with interval of one foot where slopes are 7% or less, two feet where slopes are more than 7% but less than 15% and five feet where slopes are 15% or more. Where changes in grade are proposed, finished grades shall be indicated. Topographic data shall be provided for the entire site as well as suitable overlap onto adjacent properties as deemed necessary to determine the existing drainage and grading patterns.

Existing spot elevations on structures, pavements, walks, or other physical features with sufficient detail to determine existing conditions.

Proposed elevations of the site shall be indicated by spot elevations at all corners of all buildings and lot and at changes in grade and by curb elevations at lot corners. Finished first floor and garage floor elevations shall also be shown for all buildings. If requested by the Borough Engineer, suitably designed proposed contours shall be provided.

A drainage plan based on USGS Quadrangle Map with the drainage area delineated, contributory areas given in acres, the anticipated existing and proposed runoff based on a twenty-five-year storm, and the upstream drainage area being fully developed. The size, location and capacity of existing downstream drainage facilities shall be shown.

A design report for the water, sewer and drainage facilities, and plans of proposed water, sewer (gas and electricity, if ordered) and storm sewers designed in accordance with Borough standards, showing all adjacent existing and proposed facilities, connections, proposed method of connections, pipe sizes, types and slopes, fittings, individual service connections and other facilities as necessary for satisfactory operation. Plans, profiles and details are required for all water, sewer and drainage facilities.

Plans of all roadways, including improvements, in accordance with Borough requirements for pavement width, thickness, center-line radius, grade, transitions, curbs, sidewalks, driveway aprons and other applicable requirements.

Plans and profiles of all existing and proposed roadways, pipelines, manholes, structures and proposed facilities showing all existing and proposed pavement elevations, inverts, rim elevations, grate elevations and the clearances of all crossing utilities.

Location and description of all monuments.

A soil erosion and sediment control plan indicating the proposed methods of preventing erosion, and situation of property in question as well as downstream properties or watercourses. This plan shall also indicate the proposed vegetation and landscaping of the site and the scheduling of placement of same.

Construction details, maintenance plan and other plans as necessary for any proposed structural retaining wall.

Environmental impact statement.

Traffic impact analysis.

§ 230-70 Final plat.

The final plat shall be drawn in ink on tracing cloth at a scale of not less than one inch equals 100 feet and in compliance with all provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.). The following shall be shown on the final plat:

A key map showing the entire subdivision and its relationship to surrounding areas and existing street intersections.

A title box containing the title of the map; the name of the development, if applicable; the tax map sheet, block and lot numbers; and the names and addresses of the owner and of the subdivider, if different from the owner.

Certification by a surveyor authorized to practice in the State of New Jersey as to the accuracy of the details of the plat, and certification of engineering details by an engineer licensed in New Jersey.

Tract boundary lines, indicating the bearings of all lot lines and dimensions thereof, as well as the acreage of each lot and minimum building setback lines.

All proposed or existing monuments in accordance with the Map Filing Act.

Right-of-way lines of all existing and proposed streets, easements and other rights-of-way, all with accurate dimensions and bearings and minimum widths as required by Borough standards.

The names of all streets and the purposes of easements and rights-of-way and of all land reserved for or dedicated to public use.

North point and graphic scale.

Acreage of the tract being subdivided and the proposed use of all nonresidential lots.

Final construction plans providing all information required for a preliminary plat. However, said plans shall be based on final elevations and final lot dimensions. The requirement for final construction plans may be waived by the Board if it can be determined that the preliminary plat was prepared to an accuracy and detail acceptable to the Borough Engineer.

Copies of all approvals for sanitary sewer extension permits, stream encroachment permits, soil erosion and sediment control permits, Middlesex County Planning Board approval, and all other applicable approvals required for construction of the project.

Certification that the applicant is the agent of or owner of the land, or that the owner has given consent under an option agreement, or that the applicant is a contract purchaser or lessee. If the applicant is not the owner of record of the land, then all contractual agreements concerning its use shall be submitted.

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

Certificate from the Tax Collector that no taxes or assessments for local improvements are due or delinquent.

The titles and dates of all filed maps for lands abutting the tract.

The final plat shall contain the following statements, certifications and endorsements:

Signature of applicant's surveyor certifying compliance with the Map Filing Law.

Signature of owner consenting to the filing of the plat at the Middlesex County Clerk's Office.

Signature of Borough Clerk certifying that the required cash and bonds guaranteeing the setting of monuments has been posted.

Signature of the Borough Engineer certifying compliance with the Map Filing Law and applicable Borough requirements.

(5)

Signatures of the Chairman and Secretary of the Board certifying the approval of the final plat.

(6)

Signature of Borough Clerk certifying compliance with the Map Filing Law and consenting to filing of the plat in the Middlesex County Clerk's Office.

A performance guarantee in favor of the Borough, and inspection fees if improvements have not already been constructed.

Such other information as may be required by the Board in order to make an informed decision.

§ 230-71 Minor site plan.

[Amended by Ord. No. 1292; Ord. No. 1569]

The minor site plan shall be clearly and legibly drawn or reproduced at a scale of no more than 50 feet to the inch. For topographical and boundary survey information, the site plan shall be signed and sealed by a licensed land surveyor. For all elements of design, including drainage, pavements, curbing, walkways, embankments, horizontal and vertical geometries, utilities, and all pertinent structures, drawings shall be signed and sealed by a licensed professional engineer. The plan shall show or be accompanied by the following:

A key map at a scale of one inch equals 400 feet or 500 feet, showing the location of the tract and its relationship to surrounding areas within 1,000 feet of its boundaries. Zoning boundaries and the intersection of at least two public streets, together with the names of such streets, shall also be shown.

A title box containing the title of the map, the tax map sheet, block and lot numbers, the name, address, license number, signature and embossed seal of the Engineer who prepared the engineering details, the date of original plat preparation and a box to record revision dates, all to appear in the lower right-hand corner of the site plan.

A survey prepared by a surveyor licensed in the State of New Jersey or certification of a licensed land surveyor as to boundaries and topographic conditions. Such certification shall include name, address, license number, signature and seal.

Notes adjacent to the title box shall include the name and address of the owner and of the applicant, if different from the owner. The current zoning and a schedule showing compliance with the zoning district bulk requirements shall also be shown.

Names of all landowners within 200 feet, as disclosed by current tax records. Block and lot numbers shall also be provided.

North point and graphic scale.

The location, size, type and specifics of all existing and proposed utilities and storm drainage facilities necessary to service the site.

The location, size and use of all existing structures, wooded areas, watercourses and drainage facilities on the site and within 200 feet of the property in question, as well as the location of all easements, rights-of-way, existing fences, walls, culverts, bridges, roadways, curbs, sidewalks and driveways on the tract. All trees with caliper of six inches or more as measured three feet above the ground shall also be shown, as shall floodway and flood hazard boundaries and setback lines. Structures to be removed shall be so indicated.

Elevations based upon U.S. Coast and Geodetic Survey datum, showing existing contours with interval of one foot where slopes are 7% or less, two feet where slopes are more than 7% but less than 15%, and five feet where slopes are 15% or more. Where changes in grade are proposed, finished grades shall be indicated. Topographic data shall be provided for the entire site as well as suitable overlap onto adjacent properties as deemed necessary to determine the existing drainage and grading patterns.

Existing spot elevations on structures, pavements, walks or physical features with sufficient detail to determine the existing conditions.

The proposed use(s) of land and buildings and proposed location of structures, including finished floor elevations and elevations of outside corners. Elevations should also be shown for loading docks, ramps and other points where necessary to determine proper construction of same.

All proposed means of vehicular access for ingress and egress to and from the site onto public streets, showing the size and location of driveways and curb cuts, acceleration and deceleration lanes, and any other device necessary to prevent a difficult traffic situation.

All walkways and rights-of-way for pedestrian traffic.

The location and design of any off-street parking or loading areas, showing the size and location of bays, aisles and barriers.

The location of all existing and proposed storm drainage structures, indicating pipe, swale or ditch sizes, inverts, capacities, grades and direction of flow. In addition to design information, the plan shall include a stormwater analysis report from the applicant's engineer, detailing the methodologies used for calculation of runoff from all areas contributing to stormwater drainage.

The location of all proposed waterlines, valves, hydrants and service connections, and of all sewer lines.

Cross sections, center-line profiles and tentative grades of all proposed streets, and plans and profiles of all proposed utility layouts, showing feasible connections to any existing or proposed systems.

Architectural details showing proposed front, rear and side building elevations, floor plans, type of construction materials.

Construction details, maintenance plan and other plans as necessary for any proposed structural retaining wall.

Location of all existing and proposed signs, including materials, colors, method of attachment or support, dimensions, area and illumination.

The proposed location, type of fixture, direction of illumination, power and time of proposed outdoor lighting, showing average isolux footcandle patterns in plan view and appropriate details.

Proposed screening and landscaping, including a planting plan which identifies type, size and quantity of planting.

The location and size of refuse areas and means of screening same.

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

Certificate from the Tax Collector that no taxes or assessments for local improvements are due or delinquent.

All proposed soil erosion and sediment control measures.

AA.

Environmental impact statement.

BB.

Signature block for signatures of the Chairman and Secretary of the Board.

CC.

The site plan shall indicate the following improvements: necessary water and sewer services, curb, sidewalk, site grading, paved driveway, concrete driveway apron, improved roadway pavement or pavement repairs along frontage of all adjoining streets, and all other improvements required for the development of the site. The site plan shall also contain a list of the various types of surfacing materials used, and their identification in plan view.

DD.

Such other information or data as may be required by the Board in order to determine that the details of the site plan are in accordance with the standards of this chapter and all other chapters of the Borough and, further, that the building or use will not offend the public interest.

EE.

Trees proposed to be saved must be located and tree save details provided. Limit of disturbance line must be shown.

FF.

The location and dimensions of surface or subsurface structures proposed for demolition must be provided.

GG.

List of stockholders holding at least 10% of stock must be provided (nonresidential development only).

HH.

Traffic impact analysis.

II.

In addition to all the above requirements, minor site plans for applications in the CBD, C and PO Districts shall also provide a list of all elements of existing and proposed street furniture, their specifications, and their proposed locations. The percentage of building coverage and site with impervious coverage should be indicated. Colors and color chips shall be provided from all proposed front, rear and side building elevations. For projects involving major renovation and/or new construction, colored renderings and perspectives shall be provided at an appropriate scale. The location of all existing and proposed signs, including materials, colors, method of attachment or support, dimensions, area and illumination shall also be provided.

JJ.

The site plan shall provide percentage of building coverage and percentage of the site with impervious surfaces.

§ 230-72 Preliminary major site plan.

All items required for a minor site plan and as follows:

A staging plan for all development projects of 10 acres or larger.

Traffic impact study showing existing peak hours, road capacity, gap analysis and proposed improvements both on and off site.

§ 230-73 Final major site plan.

The final site plan shall be drawn at a scale of no more than 50 feet to the inch and shall be prepared by a surveyor and an engineer licensed in the State of New Jersey. The final plat shall show or be accompanied by the following information:

All items required for a preliminary major site plan except that the information shown on the plans shall be in final form and with the accuracy required for a final plat.

A statement by the Borough Engineer that he is in receipt of a map showing all utilities or extensions thereof in exact location and elevation, identifying those portions already installed and those to be installed.

One of the following:

A statement from the Borough Engineer that the applicant has installed all improvements in accordance with the requirements of these regulations and the conditions of preliminary approval.

A statement from the Borough Engineer that a performance guarantee in sufficient amount to assure the completion of all required improvements has been posted in favor of the Borough.

§ 230-74 Variance sketch.

[Amended by Ord. No. 1509]

The variance sketch shall be based on tax map information or some similarly accurate base, at a scale preferably not less than 100 feet to the inch or greater than eight feet to the inch to enable the entire tract to be shown on one sheet, and shall show or include the following information:

A key map must show all adjacent properties and property lines within 200 feet on all sides of the application lot.

North point, block numbers, lot numbers, date prepared.

Name and address of property owner.

Name and address of applicant.

Name and address of person preparing plan.

All lot lines and dimensions.

All existing and proposed structures and wall dimensions.

Building line offsets to all property lines.

Zoning setback lines.

All adjoining lands owned by the owner and/or applicant.

Location of existing water mains and proposed water connections.

Location and width of all curb cuts and driveways.

Location, dimensions and street access for off-street parking spaces.

Locations and size of proposed landscaping.

Location of existing sanitary sewer lines and proposed sanitary sewer connections.

All existing and proposed curbs and sidewalks.

Show building offset dimension from property line to nearest adjoining structure on each side yard.

Architectural details showing proposed front, rear and side building elevations, floor plans, type of construction materials.

Such other information as may be required by the Board in order to make an informed decision.

§ 230-75 Application for conditional permit.

Issuance of permit. Before any permit shall be issued for a conditional use, applications shall be made to the approving authority. The approving authority shall grant or deny the application after public hearing but within 95 days of submission of a complete application or within such further time as may be consented to by the applicant. Notice of the hearing for a conditional use shall include reference to all matters being heard, including site plan and/or subdivision, and the approving authority shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application. Failure of the approving authority to act within the required time period shall constitute approval of the application. In reviewing the conditional use application, the approving authority shall review the number of employees or users of the property and the requirements set forth in this chapter and shall give due consideration to all reasonable elements which would affect the public health, welfare, safety, comfort and convenience, such as but not limited to the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and structural location(s) and orientation(s), and shall conduct a public hearing on the application. Each conditional use shall be considered as an individual case. In all requests for approval of conditional uses, the burden of proof shall be on the applicant. All conditional uses shall require site plan review and approval by the approving authority.

Approval of conditional use. In approving a conditional use, a time limit of three years from the date of the approval shall be set, within which the owner shall secure a building permit; otherwise the approval shall be null and void. The approving authority may, for good cause shown, extend the period for securing a building permit for an additional period not exceeding one year.

When null and void. If, prior to the issuance of a building permit pursuant to preliminary and final approval of a conditional use, any of the conditions upon which the approval was based can no longer be met, no longer exists or has become significantly altered, the conditional use approval shall be null and void.

§ 230-76 Permitted conditional uses.

The following list of permitted conditional uses are identified within the schedule of zones of Part 4, Zoning, of this chapter. Standards and specifications for each permitted conditional use are set forth in Part 3, Performance Standards, to enable the developer to know their extent and limit.

Churches, synagogues and other similar places of worship: § 230-96.

Public utility facilities: § 230-110.

Public parks and playgrounds: § 230-111.

Public and private institutions for education not operated for profit: § 230-108.

Fraternal, charitable and philanthropic uses: § 230-107.

Marine chandler stores: § 230-104.

Satellite dish antennas: § 230-113.

Auto service and repair garages, gas stations, service stations: § 230-114.

New and used car/truck dealerships, sales, service: § 230-93.

Drive-in banks: § 230-99.

Nursing and convalescent centers: § 230-107.

Day-care facilities, child-care facilities, nurseries: § 230-98.

Off-street parking: Design Standards and Details of the Borough of Highland Park, prepared by D. J. Samuel, Borough Engineer.

§ 230-77 Temporary uses.

[Added 6-7-2006 by Ord. No. 1687]

Temporary activities or uses may be permitted for a limited period of time, which activities or uses may be prohibited by other provisions of this chapter, if such activities or uses are of such a nature and are so located at the time of petition that they will:

Promote the general welfare of the community or the use promotes any other purpose of zoning specifically set forth in N.J.S.A. 40:55D-2; and

Will not have a detrimental impact upon the adjacent properties and/or the zone and upon the intent and purpose of the Master Plan and Zoning Ordinance.

A temporary use permit shall be subject to all regulations for the issuance of conditional permits under Article X.

Temporary use permits shall only be approved for a period not to exceed six months. Such a period may be extended not more than once for an additional period of six months.

§ 230-78 Requirements.

[Amended by Ord. No. 1231; Ord. No. 1238; Ord. No. 1259; Ord. No. 1304; 12-21-2021 by Ord. No. 21-2040]

In accordance with N.J.S.A. 40:55D-53.4, for the purpose of assuring the installation and maintenance of bondable land development improvements, as a condition of all final site plan, subdivision, and/or zoning permit approvals, the Board or Zoning Officer, as appropriate, shall require, and the Borough Council shall accept the following guarantees:

Performance guarantees.

The furnishing of a performance guarantee in favor of the Borough in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval or developer's agreement, ordinance, or regulation to be dedicated to a public entity, and that have not yet been installed for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, street lighting, street trees, surveyor's monuments, as shown on the final map, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements. The performance guarantee shall also cover the cost for privately owned perimeter buffer landscaping in an approved phase or section of a development, either as a separate guarantee or as a line item of the performance guarantee.

The cost of the improvements covered by the performance guarantee shall be determined by the Borough Engineer.

The Borough Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.

Maintenance guarantee.

In accordance with N.J.S.A. 40:55D-53.4, developer shall post with the Borough a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, inflow and water quality structures within the basins, and the outflow pipes and structures of the stormwater management system, if any, which cost shall be determined by the Borough Engineer.

The maintenance guarantee shall be furnished upon the inspection and issuance of final approval of the applicable private site improvements by the Borough Engineer.

The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term.

Temporary certificate of occupancy guarantee.

Pursuant to N.J.S.A. 40:55D-53(1)(c), a developer shall furnish a temporary certificate of occupancy guarantee ("TCOG") whenever the developer seeks a temporary certificate of occupancy for a development, unit, lot, building, or phase of development. The TCOG shall be furnished in favor of the Borough in an amount equal to 120% of the cost of installation of any improvements which:

Remain to be completed or installed under the terms of the temporary certificate of occupancy;

Are required to be completed or installed as a condition precedent to the issuance of a permanent certification of occupancy; and

Are not covered by an existing performance guarantee.

The scope and amount of the TCOG shall be determined by the Borough Engineer.

The TCOG shall be released upon the issuance of a permanent certificate of occupancy.

Safety and stabilization guarantee.

Pursuant to N.J.S.A. 40:55D-53(1)(d), a developer shall furnish a safety and stabilization guarantee ("SSG") in favor of the Borough, either as a separate guarantee or as a line item of the performance guarantee.

The amount of the SSG for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000. The amount of the SSG for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows: $5,000 for the first $100,000 of bonded improvement costs, plus 2 1/2% of bonded improvement costs in excess of $100,000 up to $1,000,000, plus 1% of bonded improvement costs in excess of $1,000,000.

The Borough shall release a separate SSG to a developer upon the developer's furnishing of a performance guarantee which includes a line item for safety and stabilization in the amount required pursuant to this section.

§ 230-79 Guarantee reduction and/or release.

[Amended by Ord. No. 1231; Ord. No. 1304; 12-21-2021 by Ord. No. 21-2040]

Request for list of uncompleted or unsatisfactory improvements.

Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements and the connection of same to the public system, the obligor may request of the Borough Council in writing, by certified mail addressed in care of the Borough Clerk, that the Borough Engineer prepare, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to § 230-78A above, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Borough Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon, the Borough Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Borough Council and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.

The list prepared by the Borough Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of and remedy for the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Borough Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to § 230-78A above.

Approval or rejection of improvements; application of partial reduction. The Borough Council, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Borough Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to § 230-78A above. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Borough Engineer. Upon adoption of the resolution by the Borough Council, the obligor shall be released from all liability pursuant to its performance guarantee with respect to those approved improvements except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements.

Inspection fees.

The obligor shall reimburse the Borough for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements; provided that the Borough may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $270 or 5% of the cost of improvements, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.

If the Borough determines that the amount in escrow for the payment of inspection fees is insufficient to cover the cost of additional required inspections, the Borough may require the developer to deposit additional funds in escrow.

If additional funds are required, the Borough shall submit to the developer a written inspection escrow deposit request, signed by the Borough Engineer, which:

Informs the developer of the need for additional inspections;

Details the items or undertakings that require inspection;