Ogdensburg City Zoning Code
§ 30-805
SUBMISSION OF FINAL MAJOR SUBDIVISION PLATS AND FINAL MAJOR SITE PLANS.
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:
2.
All additional details required at the time of preliminary approval shall be submitted.
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;
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.
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:
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: