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Ogdensburg City Zoning Code

§ 30-805

SUBMISSION OF FINAL MAJOR SUBDIVISION PLATS AND FINAL MAJOR SITE PLANS.

[Amended 10-15-2025 by Ord. No. 10-2025]
A. 
Procedures for Submitting Final Plats and Final Plans. A final plat or final plan shall be submitted to the Administrative Officer within three years after the date of preliminary approval or any authorized extension thereof. The applicant shall submit to the Administrative Officer at least three weeks prior to the meeting: 16 copies of the final major subdivision plat or final major site plan; 16 copies of the appropriate application(s), which includes the applications for any requested variance(s) and the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter with the items of information required therein; 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 final major subdivision plats and final major site plans, and agrees to be bound by it.
B. 
Details Required for Final Major Subdivision Plats and Final Major Site Plans.
The following information shall be submitted:
1. 
All details required by Sections 30-804 B. of this chapter.
2. 
Checklist for Land Use Board Application.
LAND USE BOARD APPLICATION CHECKLIST
1.
One original and 16 signed copies of the application.
2.
A written request itemizing all waivers which the application request the Board to waive.
3.
Check for application fees.
4.
Check for deposit for review of fees.
5.
17 copies of plot plan, site plan, subdivision plan or other appropriate sketches in conformation with the applicable specific requirements enumerated below.
6.
Certificate that taxes are paid in full (Available from the Tax Collector $10.00 fee).
7.
Receipt indication that fees are paid (All).
8.
Affidavit of Ownership. If applicant in not the owner, applicants' interest in land; e.g. tenant, contract/purchaser, lienholder, etc.
9.
Owner's consent to the application to the application.
10.
Affidavit disclosing all stockholders of corporate owner of the property.
11.
Affidavit disclosing all stockholders of corporate applicant.
12.
Proof of submission to the Sussex County Planning Board.
13.
Proof of publication and affidavit of publication.
14.
Affidavit for service of notice on adjacent property holders.
15.
List of property holders served.
16.
Postal receipts for service of notice.
17.
Soil erosion plan.
18.
Proof of application to the New Jersey Department of Transportation.
19.
Road opening permit.
20.
Environmental impact statement complying according to Ogdensburg Ordinances.
21.
Number of witnesses and their expertise, if any.
22.
A copy of all proposed deed descriptions.
23.
A schedule on the plats, listing all applicable zone requirement for the area to be subdivided.
24.
17 copies of a separate map showing the utilities according with Ogdensburg Borough Ordinances.
25.
A copy of all deed restrictions or covenants according with Ogdensburg Borough Ordinances.
26.
W-9 request for Taxpayer Identification Number and certification.
27.
One digital copy of the complete application for development with attachments forwarded to the Land Use Board Secretary.
PLAT SPECIFICATIONS
1.
Sheet size either 15x21, 24x36, or 30x42.
2.
16 plans shall be prepared by an architect, planner, engineer, land surveyor, except in the case of single- or two-family owner-occupied residences, however, provided that surveys are presented with the plans and are indicated graphically.
GENERAL INFORMATION
3.
Plat prepared to scale not smaller than one-inch equals 100 feet bases on deed, deed description, Tax Map, or similarly reasonable accurate data for the purpose of review and discussion by the Land Development Board.
4.
Metes and bounds description of parcel in question based upon current land survey information.
5.
Property lines shown in degree, minutes and seconds.
6.
Key map showing location of tract to be considered in relationship to surrounding area.
7.
Title block containing name of applicant, preparer, block and lot numbers, date of last amendment and zoning district.
8.
Each block and lot numbered in conformity with the municipal tax map as determined by the municipal Tax Assessor.
9.
Scale of Map, both written and graphic.
10.
North arrow giving reference meridian.
11.
Space for signature of Chairman and Secretary of the Land Use Board.
12.
Names of all property owners within 200 feet of subject property.
13.
Location of existing and proposed property lines with dimensions in feet to the nearest two decimal places.
14.
Zone requirements per ordinance and per application.
15.
Acreage of affected parcel to the nearest hundredth of an acre.
16.
Provide a photograph of the premises in questions taken from the opposite side of the street.
MAN MADE FEATURES ON SITE AND WITHIN 200 FEET THEREOF
17.
Location of existing structures and their setback from existing and proposed lines.
18.
Location and types of existing easements or right of way including power lines.
19.
Location of existing railroads, bridges, culverts, drain pipes, water and sewer mains and other man-made installments affecting the tract.
20.
Location of existing wells and septic systems.
21.
When applicant intends to use a conventional septic disposal system, location of test holes, test results, and approximate location of the intended disposal field.
22.
Plans profiles or proposed utility layouts, such as sewers, storm drains, water, gas and electric showing feasible connections to existing or proposed utility systems.
23.
Location and description of monuments whether set or to be set.
STREETS
24.
Plans profiles and cross sections of all proposed new street and/or access to proposed streets.
25.
Locations, names, and widths for all existing and proposed street on the property and within 200 feet of the tract.
MISCELLANEOUS
26.
Proposed site easement where required.
27.
Proposed drainage easements where required.
28.
Landscaping plan including the types, quantity, size and location of all proposed vegetation. The common and scientific names shall be indicated.
29.
Soil erosion in the sediment control plan consistent with the requirements for the local Soil Conservation District.
30.
Design calculations showing proposed drainage facilities to be in accordance with the appropriate drainage run off requirements.
31.
The purposed of any proposed easement of land reserved or dedicated to public or common use shall be designated and the proposed use of sites other than residential shall be noted.
32.
Designation of all flood hazard zones, wetlands and buffers on the property being subdivided.
3. 
A section or staging plan, if proposed, indicating the portion of the tract to be considered for final approval as part of the current application and the relationship of the portion of the tract to the remaining land area, including all applicable comparisons such as parking spaces, building coverage, lot coverage, open space areas and number of lots.
4. 
Detailed architectural and engineering data including:
a. 
An architect's design drawing of each building and sign or a typical building and sign showing front, side and rear elevations.
b. 
Cross sections, plans, profiles and established grades of all streets, aisles, lanes and driveways, including centerline geometry and horizontal alignments with bearings, radii and tangents.
c. 
Plans and profiles of all storm and sanitary sewers and water mains.
d. 
All dimensions of the exterior boundaries of any subdivision shall be balanced and closed to a precision of one to 5,000 and the dimensions of all lot lines to within one to 10,000. All dimensions, angles and bearings must be tied to at least two permanent monuments not less than 300 feet apart and all information shall be indicated on the plat. At least one corner of the subdivision shall be tied horizontally to the New Jersey State Grid Coordinate System and vertically to the U.S. Geodetic Survey System, with the data on the plat as to how the bearings were determined.
5. 
The final submission shall be accompanied by the following documents:
a. 
Certification from the Borough Tax Collector that all taxes and assessments are paid to date;
b. 
Letters directed to the Chairman of the Board and signed by a responsible official of the lighting agency, water company, sewer utility and of any other company or governmental authority or district which provides accessory utility service and has jurisdiction in the area, approving each proposed utility installation design and stating who will construct the facility so that service will be available prior to occupancy. The designing engineer(s) shall certify to the Board that the existing cross-section(s) and profile(s) have been run in the field and the field note shall be forwarded to the Borough Engineer;
c. 
The applicant shall certify in writing to the Board that he has:
(1) 
Installed all improvements in accordance with the requirements of this chapter; and/or,
(2) 
Posted a performance guarantee in accordance with Section 30-902 of this chapter.
d. 
A statement from the Borough Engineer that all improvements installed prior to application have been inspected as provided in Section 30-902 of this chapter, and that such improvements installed prior to application for final approval that do not meet or exceed Borough standards shall be factored into the required performance guarantee.
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 checklist items will be granted. The Board shall:
a. 
If said application is found to contain all of the information required by a checklist[1] adopted as part of these Land Development Regulations, the Board, or its agent in those specific instances where designated, shall certify that said application is complete.
[1]
Editor's Note: Checklists may be found on file in the Borough Offices.
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 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.
[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 30-805B and said request shall be the subject of a resubmitted application which shall be acted upon in accordance with Sections 30-805C,1,a or 30-805C,1,b hereinabove.
d. 
In the event the Board fails to act pursuant to Sections 30-805C,1,b(1) or 30-805C,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; 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, (nine copies each of final plat or plan and the application);
b. 
Sussex County Planning Board (one copy each of the final plat or plan and the application);
c. 
Planning Board Attorney, (one copy each of the final plat or plan and the application);
d. 
Borough Engineer (one copy each of the final plat or plan);
e. 
Zoning Officer (one copy each of the final plat or plan);
f. 
Borough Clerk (one copy each of the final plat or plan and the application for the Borough files);
g. 
Borough Fire Prevention Official (one copy each of the final plat or plan);
h. 
At the direction of the Planning Board, additional copies of the final plat or plan and/or other items of submitted information shall be sent to other professional consultants as may be designated by the Board.
4. 
The Board shall take action of final site plan and final subdivision applications 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.
5. 
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.
6. 
If the Board acts favorably on the final plat or plan, the Borough Engineer and the Chairman and Secretary of the Board (or the acting Chairman or Secretary, where either or both may be absent) shall affix their signatures to at least 10 paper copies of the plat or plan with the notification that it has been approved. The applicant shall furnish such copies to the Board for signing. Moreover, in the case of final subdivisions only, the applicant shall include for signing one cloth copy and at least two mylar copies of the approved plat in addition to the 10 paper copies.
7. 
After approval of the final plat or plan by the Board, the Secretary of the Board shall retain one paper copy of the signed plat or plan and shall furnish other copies to each of the following within 10 days from the date of the adoption of a resolution in accordance with Section 30-706 G. of this chapter:
a. 
Borough Clerk (one paper copy);
b. 
Borough Engineer (one paper copy and, in the case of subdivisions only, one mylar copy 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 (one paper copy);
d. 
Borough Tax Assessor (one paper copy);
e. 
The Applicant (one paper copy and, in the case of subdivisions only, one mylar copy); and
f. 
Such other Borough, County or State agencies and officials as directed by the Board.
8. 
Within 95 days of the date of approval by the Board of a final subdivision plat, the subdivider shall file a copy of same with the Sussex County Clerk. In the event of the failure to file within said 95 days, approval of the major subdivision shall expire and any further proceedings shall require the filing of a new application as in the first instance. The Board, for good cause shown, may extend the filing for an additional 95 days.
9. 
If the Board, after consideration and discussion of the final plat or plan, disapproves the submission, a notation to that effect shall be made by the Chairman of the Board on the plat or plan. The Secretary of the Board, within 10 days of such adoption, shall notify the applicant of such disapproval and forward the applicant a copy of the adopted resolution setting for the reasons for the disapproval.
D. 
Effect of Final Approval.
1. 
Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a period of two years from the date of final approval:
a. 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed.
b. 
If the developer has followed the standards prescribed for final approval, the Board may extend the period of protection for extensions of one year each, not exceeding three extensions.
2. 
In the case of a subdivision or site plan for a planned development or residential cluster of 50 acres or more, or in the case of a conventional subdivision or site plan of 150 acres or more, the Board may grant the rights referred to in Section 30-805 D,1 hereinabove for such period of time, longer than two years, as shall be determined by the Board to be reasonable taking into consideration:
a. 
The number of dwelling units and nonresidential floor area permissible under final approval;
b. 
Economic conditions; and
c. 
The comprehensiveness of the development.
3. 
The developer may apply for thereafter, and the Board may thereafter grant, an extension to final approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration:
a. 
The number of dwelling units and nonresidential floor area permissible under final approval;
b. 
The number of dwelling units and nonresidential floor area remaining to be developed;
c. 
Economic conditions; and
d. 
The comprehensiveness of the development.