Ogdensburg City Zoning Code
§ 30-804
SUBMISSION OF PRELIMINARY MAJOR SUBDIVISION PLATS AND PRELIMINARY MAJOR SITE PLANS.
A.
Procedure for Submitting Preliminary Major Subdivision Plats and Preliminary Major Site Plans
The applicant shall submit to the Administrative Officer at least three weeks prior to the meeting: 16 copies of the preliminary plan; 16 completed copies of the appropriate application(s), which includes the application(s) for any requested variance(s) and the checklist(s) pursuant to N.J.S.A. 40:55D-010.3 attached to this chapter with the items of information required therein; 16 copies of the Environmental Impact Statement; 16 copies of any protective covenants, easements and/or deed restrictions applying 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 acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon preliminary major subdivision plats and preliminary major 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 documents submitted for processing in conjunction with the application.
B.
Details Required for Preliminary Major Subdivision Plats and Preliminary Major Site Plans.
Each preliminary plat or preliminary 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 than one inch equals 100 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"; 30" x 42"). All plan sheets shall be folded into eighths with the title block revealed.
Each preliminary plat or plan (and or the accompanying application) shall show the following information as applicable to a subdivision plat or 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 relations to the surrounding areas, 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, Sussex County, with each sheet specifically titled with appropriately descriptive words;
b.
Name, title, address and telephone number of subdivider 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 list of the specific revisions entered on each sheet.
3.
Certification that the applicant is the owner of the land or his properly authorized agent, or that the owner has given his consent under an option agreement.
4.
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;
6.
Acreage to the nearest tenth of an acre (both with and without areas within public rights-of-way);
7.
The names and lot and block numbers of all property owners within 200 feet of the extreme limits of the tract as shown on the most recent tax list prepared by the Clerk of the Planning Board;
8.
Existing tax sheet number(s) and 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;
9.
Tract boundary line (heavy solid line);
10.
Zone boundary line (heavy dashed line);
11.
Zoning districts affecting the tract, including district names and all area and bulk requirements, with a comparison to the proposed development;
12.
The location of natural features such as wetlands and treed areas, both within the tract and within 100 feet of its boundary;
13.
The proposed location of all proposed plantings, with a legend listing the botanical and common names, the sizes at the time of planting, the total quantity of each plant, and the location of each plant keyed to the plan or plat;
14.
All existing and proposed watercourses shall be shown and accompanied by the following information:
a.
When a stream is proposed for alteration, improvement or relocation or where a drainage structure or fill is proposed over, under, in or along a running stream, a report on the status of review by the State Department of Environmental Protection, Division of Water Resources, shall accompany the submission;
b.
Cross-sections of watercourses and/or drainage swales at an approximate scale showing the extent of the flood plain, top of bank, normal water levels and bottom elevations at the locations required by the Borough Engineer;
c.
The location and extent of drainage and conservation easements and stream encroachment lines; and
d.
The location and type of adequate drainage provisions to reasonably reduce and minimize exposure to flood damage.
15.
Existing and proposed contours with intervals of one foot where slopes are less than 2%; with intervals of two feet where slopes are between 2% and 15%; and with intervals of five feet where slopes exceed 15%. All contour information shall be shown as a dashed line; finished grades shall be shown as a solid line. Slopes 15% or more in grade shall be shaded;
16.
Proposals for soil erosion and sediment control as required by N.J.S.A. 4:24-39 et seq.;
17.
The location of all existing structures, both within the tract and within 100 feet of its boundary, with an indication of existing and proposed front, rear and side yard setback distances and whether the existing structures and uses will be retained or removed;
18.
Size, height and location of all proposed structures including, but not limited to, signs, fences and lighting facilities, and of all proposed buildings;
19.
All dimensions necessary to confirm conformity to the ordinance, such as the size of the tract and any proposed lot(s), structure setbacks, structure heights, yard areas and floor area ratios. All tract and lot sizes shall be expressed in acres and square feet and shall include bearing and distances.
20.
The proposed location, direction of illumination, power and type of proposed outdoor lighting, including details of lighting poles and luminaries, which information shall be shown on the plat or plan for each light;
21.
The proposed screening, buffering and landscaping, including a landscaping plan;
22.
The location and design of any off-street parking area, showing size and location of bays, aisles and barriers, curbing and paving specifications;
23.
All means of vehicular access and egress to and from the site onto public streets, showing the site and the location of driveways and curb cuts, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, sight triangle easements, additional width and other proposed devices necessary to prevent a difficult traffic situation;
24.
The application shall include plans and computations for any storm drainage system including the following as may be required by the Borough Engineer:
a.
All existing or proposed storm sewer lines within or adjacent to the tract showing size and slope of the lines, direction of flow and the location of each catch basin, inlet, manhole, culvert and headwall.
b.
A map drawn to scale (minimum scale one inch equals 100 feet) showing the contributing area to each inlet or cross drain.
c.
A weighted run-off coefficient for each drainage area shall be determined for use in the computations.
25.
The location of existing utility structures such as water and sewer mains, utility structures, gas transmission lines and high tension power lines on the tract and within 200 feet of its boundaries.
26.
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.
27.
Plans, typical cross sections and construction details, horizontal and vertical alignments of the centerline of all proposed streets and of all existing streets abutting the tract. The vertical alignments shall be based on U.S.G.S. vertical datum or a more specified datum supplied by the Borough Engineer, and shall include curbing, sidewalks, storm drains, drainage structures and cross sections every half and full station of all proposed streets and of all existing streets abutting the tract. Sight triangles, the radius of curblines and street sign locations shall be clearly indicated at the intersections.
28.
Any protective covenants or deed restrictions applying to the land being developed shall be submitted with the application and/or indicated on the submitted plat or plan.
29.
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;
30.
An aerial photograph showing the entire site, in foliage;
31.
The proposed permanent monuments shall be shown, in accordance with the Map Filing Law, N.J.S.A. 46:23-9.9;
32.
The proposed number of shifts to be worked, the maximum number of employees on each shift, and the hours of operation;
33.
Five copies of a certificate from the Borough Tax Collector that all taxes and assessments are paid to date;
34.
Five copies of the completed application to the Sussex County Planning Board, if applicable;
35.
Five copies of the completed application to the Ogdensburg Municipal Authority, if applicable;
36.
All preliminary major subdivision and/or preliminary major site plan applications shall be accompanied by an Environmental Impact Statement in accordance with the provisions of Section 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 variance request. The Board shall act upon the requested waiver at the meeting when it determines whether or not the application is complete.
37.
In the case of any subdivision or site plan submission of a planned development, the applicant shall be required to submit all of the required information for all of the properties comprising the planned development, regardless of whether the applicant is seeking approval of the whole or a section of the planned development; specifically, the applicant shall be required to show the interrelationship of each portion of the project with the whole of the project considering land use, traffic, open space, buffering, drainage and surface water management, sewerage, potable water supply and any other specific planning considerations as may be of particular relevance to a particular planned development; and
38.
In case of any subdivision or site plan submission involving a planned building group as defined by this chapter, the applicant shall be required, on the application for preliminary approval, to submit the following:
39.
The Board reserves the right to require additional information before granting preliminary approval when unique circumstances affect the tract and/or when the application for development poses special problems for the tract and surrounding area. Such information shall include, but not be limited to, drainage calculations and traffic analysis, provided however, that no application shall be declared incomplete for the lack of such additional information.
C.
Environmental Impact Statement.
1.
General Provisions.
The impact on the environment generated by land development necessitates a comprehensive analysis of the variety of problems that may result and the actions that can be taken to minimize the problems. It is further recognized that the level of detail required for various types of applications will vary depending upon the size of the development, the nature of the site, the location of the development and the information already in the possession of the Borough. Therefore, having determined that some flexibility is needed in preparing the Environmental Impact Statement, the requirements for such a document pertaining to different types of development applications are listed below:
a.
All agricultural operations conducted in accordance with a plan approved by the Soil Conservation District and all silva culture operations conducted in accordance with a plan prepared by a professional forester are specifically exempt from the Environmental Impact Statement requirements.
b.
Any variance applications to the Zoning Board of Adjustment not involving a site plan or subdivision application shall not require an Environmental Impact Statement unless specifically requested by the Board. The Zoning Board of Adjustment shall inform the applicant regarding any information that may be required.
c.
Any application for minor site plan approval, either to the Planning Board or to the Zoning Board of Adjustment, as the case may be, shall not require an Environmental Impact Statement unless specifically requested by the appropriate Board. The Planning Board or Zoning Board of Adjustment, as the case may be, shall inform the applicant regarding any information that may be required.
d.
All minor subdivision, preliminary major subdivision and/or preliminary major site plan applications shall be accompanied by an Environmental Impact Statement.
2.
Submission Format. When an Environmental Impact Statement is required, the applicant shall retain one or more competent professionals to perform the necessary work. The qualifications and background of the professionals shall be provided, and the method of investigation shall be described. All applicable material on file in the Borough pertinent to evaluation of regional impacts also shall be considered. Furthermore, as much original research as necessary shall be conducted to develop the Environmental Impact Statement. All Environmental Impact Statements shall consist of written and graphic materials which clearly present the required information utilizing the following format:
a.
Project Description:
Indicate the purpose and scope of the proposed project. Enumerate the benefits to the public which will result from the proposed project and describe the particular suitability of the site for the intended use. A description of the proposed project shall be presented to indicate the extent to which the site must be altered, the kinds of facilities to be constructed and the uses intended. The resident population, working population and visitor population shall be estimated. The compatibility or incompatibility of the proposed project shall be described in relation to the following:
b.
Site Description and Inventory.
Provide a description of the environmental conditions on the site, including the following items:
(1)
Types of Soil.
List and describe each soil type on the site. If applicable, provide percolation data. Where the proposed area of land disturbance will involve soils with moderate or severe limitations relative to the type of use proposed, a complete mapping of all soil types where the moderate and severe limitations exist shall be provided.
(2)
Topography. Describe the topographic conditions on the site.
(3)
Geology.
Describe the geologic formations and features associated with the site as well as depth to bedrock conditions. Delineate those areas where bedrock is within two feet of the surface as well as major rock outcroppings.
(4)
Vegetation.
Describe the existing vegetation on the site. A map shall be prepared showing the location of major vegetative groupings such as woodlands, open fields and wetlands. Where woodlands are delineated, the forest types shall be indicated.
(5)
Wildlife.
Identify and describe any unique habitats of endangered or protected species.
(6)
Subsurface Water.
Describe the subsurface water conditions on the site both in terms of depth to ground water and water supply capabilities. The location, depth, capacity and water quality of all existing water wells on the site and within 500 feet of the site shall be indicated.
(7)
Distinctive Scenic and/or Historic Features.
Describe and map those portions of the site that can be considered to have distinctive scenic and/or historic qualities.
(8)
Existing Development Features.
Describe any existing features on the site that are not considered to be part of the natural environment including, but not limited to, roads, driveway accesses, housing units, accessory structures, utility lines, etc.
(9)
Miscellaneous.
When warranted, an analysis shall be conducted of existing air quality and noise levels as prescribed by the New Jersey State Department of Environmental Protection.
c.
Impact.
Discuss both the negative and positive impacts during and after construction. Indicate those negative impacts that are unavoidable. The specific concerns that shall be considered include the following and shall be accompanied by specific quantitative measurements where possible and necessary:
(1)
Soil erosion and sedimentation resulting from surface run-off.
(2)
Flooding and flood plain disruption.
(3)
Degradation of surface water quality.
(4)
Ground water pollution.
(5)
Reduction of ground water capabilities.
(6)
Sewage disposal.
(7)
Solid waste disposal.
(8)
Vegetation destruction.
(9)
Disruption of wildlife habitats of endangered and protected species.
(10)
Destruction or degradation of scenic and historic features.
(11)
Air quality degradation.
(12)
Noise levels.
(13)
Energy utilization.
d.
Environmental Performance Controls.
Describe what measures will be employed during the planning, construction and operation phases which will minimize or eliminate negative impacts that could result from the proposed project. Of specific interest are:
e.
Licenses, Permits and Other Approvals Required by Law.
The applicant shall list all known licenses, permits and other forms of approval required by law for the development and operation of the proposed project. The list shall include approvals required by the Borough, as well as agencies of the County, State and Federal governments. Where approvals have been granted, copies of said approvals shall be attached. Where approvals are pending, a note shall be made to that effect.
f.
Documentation.
All publications, file reports, manuscripts or other written sources of information which were first consulted and employed in compilation of the Environmental Impact Statement shall be listed. A list of all agencies and individuals from whom all pertinent information was obtained orally or by letter shall be listed separately. Dates and locations of all meetings shall be specified.
3.
Disposition by the Board.
The Board shall review the information furnished in the Environmental Impact Statement in the context of the overall design of the proposed development and the relationship of the proposed development to the environment. The information is to be used solely to help insure that the proposed development will cause no reasonably avoidable damage to any environmental resource.
D.
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 checklist 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, 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[1] adopted as part of this Land Development Regulations, the Board shall either:
(1)
Cause the applicant to be notified, in writing, that the application is incomplete, specifying the deficiencies in the application; or
(2)
If the Board reasonably concludes that the missing items of information are necessary to make an 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 items.
[1]
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 30-804 B. and said request shall be the subject of a resubmitted application which shall be acted upon in accordance with Sections 30-804 D,1,a or 30-804 D,1,b hereinabove.
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; as are reasonably necessary to make an informed decision as to whether the requirements for approval of the application have been met, provided that the application shall not be deemed incomplete for lack of any such additional information or revisions.
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 preliminary plat or plan, the application, the Environmental Impact Statement, and any protective covenants, easements and/or deed restrictions);
b.
Planning Board Attorney (one copy each of the preliminary plat or plan, the application, the Environmental Impact Statement, and any protective covenants, easements and/or deed restrictions);
c.
Borough Planner (one copy each of the preliminary plat or plan, the application, the Environmental Impact Statement, and any protective covenants, easements and/or deed restrictions);
d.
Borough Engineer (one copy each of the preliminary plat or plan, the application, the Environmental Impact Statement, and any protective covenants, easements and/or deed restrictions);
e.
Zoning Officer (one copy of the preliminary plat or plan);
f.
Borough Clerk (one copy each of the preliminary plat or plan, the application, the Environmental Impact Statement, and any protective covenants, easements and/or deed restrictions for the Borough's files);
g.
Borough Fire Prevention Official (one copy of the preliminary plat or plan);
h.
Borough Tax Collector (one copy of the preliminary plat or plan);
i.
At the direction of the Planning Board or the Zoning Board of Adjustment, as the case may be, additional copies of the preliminary 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 a preliminary major site plan application involving 10 acres of land or less or 10 dwelling units or less and/or a preliminary major subdivision application involving 10 lots or less within 45 days after the application has been certified complete 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 preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and Section 30-801 A,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 Planning Board shall take action on a preliminary major site plan application involving more than 10 acres of land or more than 10 dwellings and/or a preliminary major subdivision application involving more than 10 lots within 95 days after the application has been certified complete 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 preliminary major site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 and Section 30-801 A,2 of this chapter shall be acted upon within 120 days or within such further time as may be consented to by the applicant.
6.
The Zoning Board of Adjustment shall take action on a preliminary major site plan application and/or preliminary major subdivision application under its jurisdiction as prescribed in Sections 30-804 D,4 and 30-804 D,5 hereinabove unless said preliminary major site plan or preliminary major subdivision 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-70 and Section 30-702 D 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.
7.
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 recommendations to the Board.
8.
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 mitigate 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 further developed, the applicant may be required to submit a sketch of the entire 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 such adverse effect.
9.
In the case of planned developments only, the Board shall find the following facts and conclusions prior to granting approval:
b.
That the proposals for maintenance and conservation for the common space are reliable, and the amount, location and purpose of the common open space are adequate;
c.
That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;
d.
That the proposed planned development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
10.
All hearings held on applications for preliminary major subdivision approval and/or preliminary major 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 application at least 10 days prior to the date of the hearing (see Section 30-706 D.).
11.
If the Board acts favorably on the preliminary plat or plan, the Borough Engineer and the Chairman and Secretary of the Board (or the acting Chairman or acting Secretary, where either or both may be absent) shall affix their signatures to at least 10 copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board.
12.
Should minor revisions or additions to the plat or plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions and receipt of revised plans within 30 days from the date of said approval. Should substantial revisions be deemed necessary, the Board shall require that an amended plat or plan be submitted and acted upon as in the case of the original application.
13.
If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and resolution adopted in accordance with Section 30-706 G. of this chapter setting forth the reasons for such rejection. One copy of the plat or plan and said resolution shall be returned to the applicant within 10 days of the adoption of said resolution.
E.
Effect of Preliminary Approval.
1.
Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date of preliminary approval:
a.
The general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to: layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; and off-tract improvements; and in the case of a site plan, any requirements peculiar to site plan approval; except that nothing therein 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;
b.
That the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary plat or plan; and
c.
That the applicant may apply for and the Board 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.
2.
In the case of a subdivision or of a site plan for an area 50 acres or more, the Planning Board may grant the rights referred to in Section 30-804 E,1 hereinabove for such period of time, longer than three years, as shall be determined by the Board to be reasonable taking into consideration:
3.
The applicant may apply for thereafter, and the Board may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration: