Ogdensburg City Zoning Code
§ 30-803
SUBMISSION OF MINOR SUBDIVISION PLATS AND MINOR SITE PLANS.
A.
Procedure for Submitting Minor Subdivision Plats and Minor Site Plans.
The applicant shall submit to the Administrative Officer at least three weeks prior to the meeting: 16 copies of the minor plat or plan; 16 completed copies of the appropriate application(s), which includes the application(s) for any requested variance(s) and the checklist(s)[1] pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter with the items of information required therein; 16 copies of the Environmental Impact Statement; 10 copies of any protective covenants, easements and/or deed restrictions applicable to the subject site, whether recorded or unrecorded; and the fee in accordance with Section 30-900 of this chapter. The application shall contain an acknowledgement signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon minor subdivisions plats and minor site plans, and agrees to be bound by it. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other document for processing in conjunction with the application.
[1]
Editor's Note: Checklists may be found on file in the Borough Offices.
B.
Details Required for Minor Subdivision Plats and Minor Site Plan.
Each minor plat or minor plan shall be drawn by a professional engineer and/or land surveyor licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of the said professional engineer and/or land surveyor; provided, however, that all engineering data shall be signed and sealed by a professional engineer and all surveying data shall be signed and sealed by a professional land surveyor.
Each submission shall be drawn at an appropriate scale not less one inch equals 50 feet and shall be submitted on one of four of the following standard sheet sizes (8 1/2" x 13", 15" x 21"; 24" x 36", or 30" x 42"). All plan sheets shall be folded into eighths with the title block revealed.
Each minor plat or plan (and or the accompanying application) shall show the following information as applicable to a minor subdivision or minor site plan, unless the Planning Board or Zoning Board of Adjustment determines, upon request of the applicant, that such information either is unnecessary or inapplicable to the particular subdivision or site plan and can be waived:
1.
A key map showing the entire tract and its relation to the surrounding area, at a scale of one inch equals not more than 1,000 feet;
2.
Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:
a.
Name of subdivision or development, Borough of Ogdensburg and Sussex County, with each sheet specifically titled with appropriately descriptive words;
b.
Name, title, address and telephone number of sub-divider or developer;
c.
Name, title, address and license number of the professional or professionals who prepared the plat or plan;
d.
Name, title and address of the owner or owners of record;
e.
North arrow;
f.
Scale (written and graphic); and
g.
Date of original preparation and of each subsequent revision thereof and a list of the specific revisions entered on each sheet.
3.
If the applicant is a corporation or a partnership, the names and addresses of all partners, or the names and addresses of all stockholders owning 10% or more of any class of stock of the corporation;
4.
Acreage figures (both with and without areas within public rights-of-way);
6.
Existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Borough Tax Map, and proposed block and lot numbers as provided by the Borough Tax Assessor upon written request;
7.
Tract boundary line (heavy solid line);
8.
Zone boundary line (heavy dashed line);
9.
The location of existing and proposed property lines (with bearings and distances), streets, structures with their numerical dimensions and an indication as to whether existing structures will be retained or removed, parking spaces, loading areas, driveways, watercourses, railroads, bridges, culverts, drain pipes, any natural features such as wetlands and treed areas, both within the tract and within 100 feet of its boundary;
10.
The location and width of all existing and proposed utility easements, the use(s) for which they are intended to be limited, and the manner in which the easements will be controlled;
11.
Zoning districts affecting the tract, including district names and all area and bulk requirements, with a comparison to the proposed development;
12.
Proposed buffer and landscaped areas;
13.
Delineation of floodplains, including both floodway and flood fringe areas;
14.
Contours as shown on the U.S.G.S. topographic sheets;
15.
Marshes, ponds and lands subject to flooding within the tract and within 100 feet thereof;
16.
The name of all adjacent property owners as they appear on the most recent tax list prepared by the Clerk of the Planning Board;
17.
Five copies of a certificate from the Borough Tax Collector that all taxes and assessments are paid to date;
18.
Five copies of a completed application to the Sussex County Planning Board, if applicable;
19.
Five copies of the completed application to the Ogdensburg Municipal Authority, if applicable;
20.
Concerning minor subdivisions only, existing and proposed monuments;
21.
Proposals for soil erosion and sediment control as required by N.J.S.A. 4-24-1939 et seq.;
22.
All minor subdivision applications shall be accompanied by an Environmental Impact Statement in accordance with the provisions of 30-804 C of this chapter. The applicant may request a waiver of this requirement, either in whole or in part, provided that the applicant states in writing the basis for the waiver request. The Board shall act upon the requested waiver at the meeting when it determines whether or not the application is complete.
23.
No minor subdivision or minor site plan involving any street(s) additional right-of-way width as specified in the Master Plan or Official Map and the street requirements of this chapter shall be approved unless such additional right-of-way, either along one or both sides of said streets, as applicable, shall be granted to the Borough or other appropriate governmental agency; however the amount of right-of-way dedicated shall not exceed one-half of the distance of the right-of-way from the center line.
24.
Plans of proposed improvements and utility layouts including sewers, storm drains and water lines, and feasible connections to gas, telephone and electrical utility systems. If private utilities are proposed, they shall comply fully with all Borough, County, State and Federal regulations. If service will be provided by an existing utility company, in lieu of detailed plans, a letter from that company stating that service will be available before occupancy will be sufficient. Additionally, letters from the appropriate County and State agencies granting approval for the extension of utility service(s) under their respective jurisdiction shall be submitted with the application;
25.
No minor subdivision or minor site plan involving any corner lot shall be approved unless a sight triangle easement shall be granted as specified in this chapter; and
26.
Deed descriptions (including metes and bounds), easements, covenants, restrictions and roadway dedications shall be submitted for approval and required signatures prior to filing with the County Recording Officer.
C.
Action by the Borough.
1.
The Planning Board or Zoning Board of Adjustment, as the case may be, and its professional advisors, shall review the aforesaid application for the purpose of determining, within 45 days of its submission, whether said application is complete and whether any waiver of check list items will be granted. The Board shall:
a.
If said application is found to contain all of the information required by a checklist adopted as part of this Land Development Regulations and attached hereto following Section 30-806 of this chapter, the Board, or its agent in those specific instances where designated, shall certify that said application is complete.
b.
If said application is found to lack some of the information required by the checklist[2] adopted as part of this Land Development Regulations the Board shall either:
(1)
Cause the applicant to be notified, in writing, that said application is incomplete, specifying the deficiencies in the application; or,
(2)
If the Board reasonably concludes that the missing items of information are not necessary for it to make any informed decision on the application, but are not of such significance to cause the application to be deemed incomplete, said Board may declare the application complete, conditioned upon the submission of the missing items of information to the Administrative Officer within 10 days; or
(3)
If the Board reasonably concludes that the missing items of information are not necessary for it to make an informed decision on the application, said Board may waive the requirement that said items be supplied as a prerequisite for completeness and certify that the application is complete notwithstanding the missing item.
[2]
Editor's Note: Checklists may be found on file in the Borough Offices.
c.
An applicant who has been notified that his application is incomplete may request waiver of one or more of the submission requirements set forth in Section 30-803 B. and said request shall be the subject of a resubmitted application which shall be acted upon in accordance with Section 30- 803C,1,a or 30-803C,1,b hereinabove.
d.
In the event the Board fails to act pursuant to Sections 30- 803C,1,b(1) or 30-803C,1,b(2) hereinabove within 45 days of the date of submission of the application, said application shall be deemed complete as of the 46th day following its submission.
2.
On the date the aforesaid application is certified complete, or on the 46th day following the submission of the application in the event the Board fails to make a determination of completeness, as the case may be, the applicable time period within which the Board must act upon the application shall commence. In any case, the applicant is obliged to prove that he or she is entitled to approval of the application. The Board may subsequently require correction of any information found to be in error, may require submission of additional information not specified in this chapter, and/or may require revisions in the application documents, all as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met; provided, however, that the application shall not be deemed incomplete for lack of any such additional information or revision.
3.
Promptly after certification of completeness, the application documents shall be distributed by the Administrative Officer to the following:
a.
The Planning Board or the Zoning Board of Adjustment, as the case may be, (nine copies each of the minor plat or plan, the application, any Environmental Impact Statement);
b.
Planning Board Attorney (one copy each of the minor plat or plan, the application, any protective covenants, easements and/or deed restrictions, and any Environmental Impact Statement);
c.
Borough Planner (one copy each of the minor plat or plan, the application, any protective covenants, easements and/or deed restrictions, and any Environmental Impact Statement);
d.
Borough Engineer (one copy each of the minor plat or plan, the application, any protective covenants, easements and/or deed restrictions, and any Environmental Impact Statement);
e.
Zoning Officer (one copy of the minor plat or plan);
f.
Borough Clerk (one copy each of the minor plat or plan, the application, any protective covenants, easements and/or deed restrictions, and any Environmental Impact Statement for the Borough's files);
g.
Borough Fire Prevention Official (one copy of the minor plat or plan);
h.
At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies of the minor plat or plan and/or other items of submitted information shall be sent to other Borough, County or State agencies and/or to other professional consultants as may be designated by the Board.
4.
The Planning Board shall take action on minor subdivision and minor site plan applications within 45 days after the application has been certified complete by the Board or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application; provided that any minor subdivision or minor site plan application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and Section 30-801A,2 of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.
5.
The Zoning Board shall take action on a minor subdivision or minor site plan application under its jurisdiction as prescribed in Section 30-803C,4 hereinabove unless said minor subdivision or minor site plan application is being considered by the Zoning Board of Adjustment simultaneously with an application for a "use" variance in accordance with N.J.S.A. 40:55D-70d and Section 30-702D of this chapter, in which case the Zoning Board of Adjustment shall act upon all aspects of the application within 120 days after the application has been certified complete by the Zoning Board of Adjustment or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
6.
Any designated Site Plan/Subdivision Review Committee shall read any written report submitted concerning the application and shall review the submission to ascertain its conformity with the requirements of this chapter; the Committee shall offer its recommendation to the Board.
7.
Any proposed application for development determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon any adjacent properties, may be required to be revised to remove any adverse effect(s) prior to further review or approval by the Board, or, where the remaining portion of the original tract is sufficient to be subdivided or developed further, the applicant may be required to submit a sketch of the entire remaining portion of the tract to indicate a feasible plan whereby the applied for subdivision or development, together with subsequent subdivision(s) or development(s), may be submitted that will not create, impose, aggravate or lead to any adverse effect.
8.
All hearings held on applications for minor site plan approval shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 14 days prior to said hearing date. Notice of the hearing shall be given by the applicant at least 10 days prior to the date of the hearing (see Section 30-706D).
9.
When a minor subdivision or minor site plan is approved by the Board, a notation to that effect, including the date of approval, shall be made on a master copy. At least two prints of the plat or plan and any related deed descriptions to be filed with the County Recording Officer shall be signed by the Borough Engineer and the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent). No further approval of the application shall be required and the Secretary of the Board, within 10 days of the date of approval, shall notify the applicant of the Board's action. Additionally, the Secretary of the Board shall forward the applicant a copy of the approved resolution, adopted in accordance with Section 30-706F of this chapter, within 10 days of its adoption by the Board.
10.
When a minor subdivision or minor site plan is disapproved by the Board, the Secretary of the Board, within 10 days of such action, shall notify the applicant of such disapproval. Additionally, the Secretary of the Board shall forward the applicant a copy of the disapproval resolution, adopted in accordance with Section 30- 706F of this chapter, within 10 days of its adoption by the Board, setting for the reasons for the disapproval.
11.
Within 190 days from the date of approval by the Board of a minor subdivision, a plat map drawn in compliance with the Map Filing Act, P.L. 190 C. 141 (N.J.S.A. 46:29-9.9 et seq.) or deed description, properly drafted and signed by the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent), shall be filed by the subdivider with the County Recording Officer; provided that if an applicant elects to file a deed, said deed shall be accompanied with a photographically reduced copy of the approved plat. Unless filed within 190 days, the approval shall expire and will require Board approval as in the first instance. 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 by the Board, provided that the approved minor subdivision shall have been duly recorded.
12.
Before the Secretary of the Board returns any approved minor subdivision or minor site plan to the applicant, the applicant shall provide additional copies of the plat or plan as may be necessary in order to furnish copies to each of the following:
a.
Borough Clerk;
b.
Borough Engineer (in the case of subdivisions only, a map of the plat drawn to the tax map scale of one inch equals 100 feet or one inch equals 400 feet, as directed by the Borough Engineer);
c.
Zoning Officer;
d.
Borough Tax Assessor;
e.
Borough Board of Health;
f.
Such other Borough, County or State agencies and officials as directed by the Board.