Pine Hill City Zoning Code
ARTICLE VIII
Subdivision and Site Plan
§ 23-8.1 Approvals Required.
[Ord. No. 95-588 Art. VIII]
a.
Site Plan. Except as may be exempt by law under the provisions of N.J.S.A. 40:55D-37, or waived by the appropriate authority, site plan approval by the Planning Board or Zoning Board of Adjustment, as may be appropriate, shall be required as a condition for the issuance of a zoning permit, building permit, certificate of conformity or certificate of occupancy for any development, as the word development is defined under N.J.S.A. 40:55D-4, and particularly for any use, change of use and/or extension of a nonconforming use.
b.
Subdivision. Subdivision approval by the Planning Board or Zoning Board of Adjustment, as may be appropriate, shall be required as a condition for the filing of a subdivision plat with the County Recording Office.
§ 23-8.2 General Application Procedure.
[Ord. No. 95-588 Art. VIII]
a.
Copies. Copies of this chapter shall be made available for any person desiring to subdivide or develop land, upon request and the payment of a fee to cover the cost of preparation.
b.
Informal Review. At the request of the developer, the Board may grant an informal review of a concept plan of development. The developer shall not be bound by any concept plan and the Board shall not be bound by any such review or comments. A request for informal review shall not take preference over any pending application and the Board may establish a time limit for such review. No decision shall be made and no formal action will be taken on the informal review. The applicant should include as much information as possible so as to enable the Board to comment sufficiently, including design concepts, and environmentally and ecologically sensitive areas. All documents submitted shall be clearly marked "For Informal Review".
c.
Wetlands Delineation. No formal or informal application shall be considered by the Board until the applicant has calculated and delineated the area of wetlands based upon a wetlands delineation approved by the New Jersey Department of Environmental Protection and Energy.
d.
Amended Applications. Any development application that has been subject to public hearing and has thereafter been substantially amended for layout and improvements, shall be proceeded upon as a new application.
e.
Staff Review. All applications shall be submitted to the Board's professional staff for review prior to the scheduling of any hearing.
f.
Other Agency Approval. Each application for subdivision or site plan shall be submitted to the appropriate agency for review, any approval granted by the Board shall be conditioned upon timely receipt of any required approval from other reviewing agencies.
g.
Required Contents. Each application for subdivision or site plan shall contain the following:
1.
Location of streets with sufficient width and grade to provide for and accommodate traffic and access by firefighting and other emergency vehicles to buildings.
2.
Protection and conservation of soil from erosion by wind and water or excavating or grading.
3.
Showing of water and sewerage facilities, drainage, trees and other utilities essential and necessary to residents and occupants.
4.
Suitable area, in shape and size, for open space for public use.
5.
All on tract and off tract improvements - water, sewer, drainage, streets.
6.
All drawings of improvements must be signed and sealed by a licensed New Jersey engineer or architect.
7.
Existing and proposed rights-of-way and easements within and adjoining tract.
8.
Proposed access points and parking area on site plans.
§ 23-8.3 Submission Procedures For Minor Subdivision.
[Ord. No. 95-588 Art. VIII]
a.
Buildable Lots. The data to be included for a minor subdivision shall be sufficient to enable the approving authority to determine that the proposed lots will be buildable lots within the standards established by this chapter.
b.
Submission Requirements. The applicant shall file with the Administrative Officer at least 15 days prior to the meeting of the approving authority:
1.
The required application forms supplied by the Administrative Officer.
2.
The application and escrow fees.
3.
A signed escrow agreement.
4.
Certification by the Tax Collector that all taxes are paid to date.
5.
A copy of the minor subdivision plat check list.
6.
Seven copies of the minor subdivision plat as follows:
(a)
Clearly and legibly drawn.
(b)
Titled as "Minor Subdivision Plat".
(c)
Title block containing block and lot number for the tract.
(d)
Name and address of the applicant and the owner.
(e)
Name, address, telephone number and signature of plat preparer.
(f)
North arrow.
(g)
Scale not less than one inch equals 100 feet.
(h)
The date of the original drawing.
(i)
Area for the date and substance of each revision.
(j)
All adjacent block and lot numbers.
(k)
Zoning district(s).
(l)
A key map with the North arrow showing the entire development and its relation to surrounding areas.
(m)
Area of original tract to nearest tenth of an acre.
(n)
Existing lot lines to be eliminated.
(o)
Existing and proposed street and lot layout, with dimensions showing that portion proposed for development in relation to the entire tract, together with new block and lot numbers issued by the Tax Assessor and street addresses approved by the Engineer.
(p)
Area of each proposed lot.
(q)
Existing structures and uses including the shortest distance between any existing building and proposed or existing lot lines.
(r)
All setback lines.
(s)
Intent for water and sewer treatment.
(t)
Contours based on USGS Data where appropriate.
(u)
Approximate location of wooded area.
(v)
Existing and proposed rights-of-way and easements within and adjoining the tract.
(w)
All streams, lakes and floodplains based on Soil Conservation Service data including:
(x)
When a common drive is proposed, show:
(y)
Deed restricted buffer, if required.
(z)
Appropriate places for the signature of the Chairperson and Secretary of the approving authority, the date of the official approving authority actions and dates of the signatures.
7.
A soil removal plan and a copy of the application for soil removal permit (when soil is to be removed from the site and a permit is required under the Soil Removal Ordinance).
§ 23-8.4 Submission Procedures for Preliminary plat of Major Subdivision.
[Ord. No. 95-588 Art. VIII]
a.
Standards for Review. In reviewing major subdivisions, the reviewing body shall take into consideration conformity with the adopted Master Plan, the natural features of the Borough and the site, and the ecological systems of the Borough, retention of trees, preservation of historic areas, alleviation of existing problems and reasonably anticipated problems worsened or caused by the subdivision relating to water systems and resources, drainage, sewerage, traffic hazards and pedestrian travel, fire and police protection, health and sanitation, and erosion and siltation.
In reviewing major subdivision for 50 or more units of single-family housing or 25 or more units of multifamily housing, the reviewing body shall take into consideration methods of addressing the recycling requirements of the Borough.
b.
Submission Requirements. The applicant shall file with the Administrative Officer at least 35 days prior to the meeting of the approving authority:
1.
The required application forms supplied by the Administrative Officer.
2.
The application and escrow fee required pursuant to this chapter.
3.
A signed escrow agreement.
4.
Certification by the Tax Collector that all taxes are paid to date.
5.
A copy of the completed major subdivision preliminary plat check list.
6.
Four copies of the drainage calculations and Engineer's report.
7.
Four copies of an Environmental Impact Report which shall include the requirements and elements set forth in this chapter.
8.
Four copies of the Soil Erosion and Sediment Control Plan.
10.
Four copies of a recycling report addressing the means of recycling for the proposed subdivision including:
11.
Four copies of any additional reports or supporting data not included on the preliminary plat.
12.
The applicant should demonstrate that the number of proposed dwelling units on the tract or parcel of land are in accordance with the definition of Density in this chapter.
13.
Twelve copies of the preliminary plat which shall show or be accompanied by the information listed below and by such other information as is reasonably necessary to make a decision as to whether the requirements necessary for preliminary approval have been met:
(a)
Identifying and general information.
(1)
Clearly and legibly drawn by a licensed New Jersey Professional Engineer.
(2)
Titled as "Preliminary plat for (name of development)."
(3)
Plats shall be presented on sheets of one of the following dimensions: 30 inches by 42 inches; 24 inches by 36 inches; 15 inches by 21 inches; or 8 1/2 inches by 13 inches.
(4)
If more than one sheet is required to show the entire subdivision, a separate composite map shall be drawn showing the entire subdivision and the sheets on which the various sections are shown, and each detail sheet shall include a key map showing its relation to the whole tract.
(5)
The plat shall consist of as many separate maps as necessary to properly evaluate the subdivision and the proposed work.
(6)
A boundary survey by a licensed New Jersey Surveyor certified on a date of submission.
(7)
Title block containing block and lot number for the tract and the name of the Borough.
(8)
Name and address of the applicant and the owner, together with owner's written consent to the application.
(9)
Name, address, telephone number, signature and seal of plat preparer.
(10)
Space for the application number.
(11)
North arrow.
(12)
Scale not less than one inch equals 100 feet with written and graphic scales shown.
(13)
The date of the original drawing.
(14)
Area for the date and substance of each revision.
(15)
A key map with North arrow showing the entire development and its relation to surrounding areas at a scale of not less than one inch equals 2,000 feet.
(16)
The names, addresses, block and lot numbers of all property owners within 200 feet of the subdivision.
(17)
Locations of all existing structures and their uses within 200 feet of the tract.
(18)
Zoning district(s).
(19)
Area of original tract to the nearest 0.01 of an acre.
(20)
Existing lot lines to be eliminated.
(21)
Existing and proposed street and lot layout, with dimensions correct to scale accuracy, showing that portion proposed for development in relation to the entire tract.
(22)
The names, location, right-of-way in the subdivision.
(23)
The location and description of all existing or proposed boundary control monuments and pipes.
(24)
The number of lots being created.
(25)
Each block shall be numbered or lettered, and the lots within each block shall be numbered consecutively beginning with the number one or as acceptable to the Borough Engineer.
(26)
Area of each proposed lot correct to within 1% of an acre.
(28)
All side, rear and front setback lines with dimensions.
(29)
Appropriate places for the signature of the Chairperson and Secretary of the approving authority, the dates of the official approving authority actions and dates of the signatures.
(30)
Area for storage and pickup of recyclables.
(b)
Natural features and drainage.
(2)
Existing elevations and contour lines over the entire area of the proposed subdivision.
[a]
Contours shall be shown at not more than two-foot intervals for area with less than 20% slope, five-foot intervals for areas with slopes in excess of 20%.
(3)
Proposed grades in sufficient number to illustrate the proposed grading scheme.
(6)
Floodplain limits as determined by Master Plan and on-site evaluation by a licensed professional engineer.
(7)
When a running stream is proposed for alteration, improvement or relocation, or when a structure or fill is proposed over, under, in or along such a running stream, evidence of a result of pre-application meeting with New Jersey Division of Water Resources or such agency having jurisdiction shall accompany the application.
(8)
The total upstream acreage in the drainage basin of any watercourse running through or adjacent to a subdivision including the distance average slope upstream to the basin ridge line, where applicable.
(9)
The total acreage in the drainage basin to the nearest downstream drainage structure and the acreage of that portion of the subdivision which drains to the structure, including the distance and average slope downstream to the structure and final disposition of the surface waters.
(c)
Circulation and utilities.
(2)
(4)
If private utilities are proposed, they shall comply fully with all Borough, county and state regulations.
(5)
If service is to be provided by an existing water or sewer utility company, a letter from that company shall be submitted, stating that service will be available before occupancy of any proposed structures.
(6)
When on-lot water and sewage disposal is proposed, the concept plan shall be submitted, stating that service will be available before occupancy of any proposed structure.
(7)
A Traffic Impact Statement.
(d)
Environmental Review.
(1)
Composite Environmental Constraints. Map at the same scale as the preliminary plat. The applicant shall, utilizing existing map sources, present a plan indicating:
(2)
An Environmental Impact Statement containing data reflecting:
[a]
A statement describing and explaining the impact and effect of proposed subdivision upon the ecological systems and environment of Pine Hill's land and waters, giving consideration to the applicable natural processes and social values of:
[1]
Geology.
[2]
Aquifers.
[3]
Hydrology.
[4]
Depth of seasonal high water table.
[5]
Stormwater runoff.
[6]
Soils.
[7]
Potential soil loss.
[8]
Soil nutrient retention.
[9]
Vegetation.
[10]
Recreation value of vegetation.
[11]
Historic value.
[12]
Scenic features.
[13]
Wildlife-high value areas.
[14]
Wildlife-rare and beneficial species.
[b]
Specific plans proposed by the subdivider to alter, preserve or enhance existing vegetation, including landscaping and topographical and natural features of the land within the proposed subdivision.
(3)
Test boring, percolation rates and water levels shall be obtained by a licensed engineer in accordance with the following standards:
[a]
To a two acre site- one test hole.
[b]
Two acre site- three test holes.
[c]
Three acre site- six test holes.
[d]
Five to 10 acre site- eight test holes.
[e]
Eleven to 40 acre site- 10 test holes.
[f]
Forty-one to 100 acre site- 16 test holes.
[g]
Over 100 acre site- 20 test holes.
These borings shall be distributed over the tract to adequately represent site conditions and shall be a minimum depth of 10 feet.
(e)
Landscaping, Recreational and Areas of Public Use.
(3)
A landscape plan shall be submitted for:
[a]
Street trees required in accordance with this chapter.
[b]
Revegetation of utility easements and culs-de-sac.
[c]
Buffers as required in accordance with this chapter.
[d]
Screening of drainage basins.
[e]
Entry plantings.
[f]
Recreational planting.
[g]
A standard for individual lots in unforested tracts (subdivisions).
[h]
Parking and loading areas.
[i]
Recycling areas.
(5)
All man-made improvements shall be shown.
(6)
All areas to be sodded or seeded shall be shown.
14.
A soil removal plan and a copy of the application for soil removal permit.
§ 23-8.5 Submission Procedures for Final Plat for Major Subdivision.
[Ord. No. 95-588 Art. VIII]
a.
Standards for Review. In reviewing final plats, the approving authority shall ensure that the subdivision is in conformity with the preliminary plat approval. In the case of residential clusters, approving authority may permit minimal deviations from the conditions of preliminary approval, necessitated by change of conditions beyond the control of the developer since the date of preliminary approval, without the developer being required to submit another application for development for preliminary approval.
b.
Submission Requirements. The applicant shall file with the Administrative Officer at least 15 days prior to the meeting of the approving authority:
1.
The required application forms supplied by the Administrative Officer.
2.
The application and escrow fees required pursuant to this chapter.
3.
A signed escrow agreement.
4.
Certification by the Tax Collector that all taxes are paid to date.
5.
A copy of the signed preliminary plat in conformance with the resolution of approval.
6.
A copy of the completed major subdivision final plat check list.
7.
Four sets of final development plans at one inch equals 50 feet showing all utilities and other improvements (both in the development and off-tract) in exact location and elevation.
8.
A construction schedule in accordance with this chapter for all improvements yet to be installed.
9.
A street numbering plan prepared by the Administrative Officer.
10.
Seven copies of the final plat as follows:
(a)
Drawn by a licensed land surveyor in compliance with the Map Filing Law.
(b)
Titled as "Final Plat for (name of development)" and showing block and lot, municipality and county.
(c)
Plats shall be presented on sheets of one of the following dimensions: 30 inches by 42 inches; 24 inches by 36 inches; 15 inches by 21 inches; or 8 1/2 inches by 13 inches.
(d)
Signature block required by the Map Filing Law.
(e)
Tract boundary lines.
(f)
Municipal boundary lines if within 200 feet of the tract being subdivided.
(g)
All street names and addresses approved by the Borough Engineer and Tax Assessor.
(h)
All lot lines and other site lines with accurate dimensions, bearings, central angles, radii and lengths of all curves.
(i)
Minimum building setback line.
(j)
The area of each lot shown to the nearest 0.001 of an acre.
c.
Certification by the Borough Engineer. The Borough Engineer shall prepare a statement, that he has examined the street, drainage, utility, erosion, stormwater control, and grading plans, and found that they substantially conform with the provisions of this chapter. He shall also identify those portions of any improvements already installed and indicate that the developer has either:
§ 23-8.6 Submission Procedures for Minor Site Plans.
[Ord. No. 95-588 Art. VIII]
a.
Standards for Review. The data to be included for a minor site plan shall be sufficient to enable the approving authority to determine that the proposed site design shall not have a deleterious effect upon the neighborhood and that it is designed in conformance with the standards of this chapter.
In reviewing site plans incorporating any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land, the reviewing body shall take into consideration methods of addressing the recycling requirements of the Borough.
b.
Submission Requirements. The applicant shall file with the Administrative Officer at least 28 days prior to the meeting of the approving authority:
1.
The required application forms supplied by the Administrative Officer.
2.
The application and escrow fees required pursuant to this chapter.
3.
A signed escrow agreement.
4.
Certification by the Tax Collector that all taxes are paid to date.
5.
A copy of the completed minor site plan checklist.
6.
Four copies of recycling report addressing the means of recycling for the proposed minor site including:
7.
Seven copies of the minor site plan checklist:
(a)
Clearly and legibly drawn.
(b)
Titled as "Minor Site Plan for (name of the development)".
(c)
Title block containing block and lot number for the tract.
(d)
Name and address of the applicant and of the owner.
(e)
Name, address, telephone number and signature of plat preparer.
(f)
North arrow.
(g)
Scale not less than one inch equals 100 feet.
(h)
The date of the original drawing.
(i)
Area for the date and substance of each revision.
(j)
Signature block for the Board Chairperson and Secretary.
(k)
All adjacent block and lot numbers.
(l)
Zoning district(s).
(m)
A key map with North arrow showing the entire development and its relation to surrounding areas.
(n)
Area of tract to nearest tenth of an acre.
(o)
Existing lot lines to be eliminated.
(p)
Existing and proposed street and lot layout with dimensions showing that portion proposed for development in relation to the entire tract.
(q)
Existing and proposed structure and uses including the shortest distance between buildings and lot lines.
(r)
An indication of those buildings to remain and those to be removed.
(s)
Building elevations.
(t)
Building coverage and impervious coverage in areas of square feet and percentage of lot coverage.
(u)
All setback lines.
(v)
Intent for water and sewer treatment:
(1)
Show any existing wells and/or septic systems.
(2)
Show proposed septic systems and/or well location.
(3)
Show proposed public water and/or sewer connections.
(4)
When septic systems are proposed, supply boring and percolation test results per this chapter.
(5)
When public sewer is proposed, supply one boring for each acre if soil maps indicate that the seasonal high water table may exceed ordinance standard for buildable lot.
(w)
Existing and proposed rights-of-way and easements within the adjoining tract.
(x)
Full landscaping details in accordance with the standards of this chapter including:
(y)
Lighting details in accordance with this chapter.
(z)
Freestanding sign details showing location and dimensions.
(aa)
Circulation and parking details in accordance with the standards of this chapter including:
(bb)
(cc)
Area for storage and pick-up of recyclables.
8.
A soil removal plan and a copy of the application for soil removal permit.
§ 23-8.7 Submission Procedures for Preliminary Major Site Plan.
[Ord. No. 95-588 Art. VIII]
a.
General Purposes and Standards for Review. Site Plan review shall be for the general purpose of enhancing the neighborhood, providing adequate access to off-street parking and loading facilities for employees, visitors and residents; providing buffering techniques for safety and/or aesthetic purposes; preventing uses which violate applicable state and federal safety and environmental regulations; preserving floodways and flood hazard areas, and requiring that all raw materials, fuels, goods in process, finished goods, machinery and equipment shall be appropriately housed and/or screened, and for the protection and promotion of public health, safety and welfare. In reviewing major site plans, the reviewing body shall take into consideration conformity with the adopted Master Plan, the natural features of the Borough and the site, and the ecological systems of the Borough, retention of trees, preservation of natural vegetation and scenic beauty, preservation of historic areas, problems worsened or caused by the site development relating to water systems and resources, drainage, sewerage, traffic hazards and pedestrian travel, fire and police protection, health and sanitation, and erosion and siltation.
In reviewing major site plan incorporating any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land, the reviewing body shall take into consideration methods of addressing the recycling requirements of the Borough.
b.
Submission Requirements. The applicant shall file with the Administrative Officer at least 35 days prior to the meeting of the approving authority:
1.
The required application forms supplied by the Administrative Officer.
2.
The application and required escrow fees.
3.
A signed escrow agreement.
4.
Certification by the Tax Collector that all taxes are paid to date.
5.
A copy of the major site plan preliminary checklist.
6.
Four copies of the drainage calculations and engineer's report.
7.
Four copies of the Environmental Impact Report which shall include the requirements and elements set forth in this chapter.
8.
Four copies of the Soil Erosion and Sediment Control Plan.
9.
Four copies of the Traffic Impact Statement.
10.
Four copies of any additional reports or supporting data not included on the preliminary site plan and required by this chapter.
11.
Four copies of a recycling report addressing the means of recycling for the proposed site plan including:
12.
Seven copies of the preliminary site plan which shall show or be accompanied by the following information:
(a)
Identifying and general information.
(1)
Clearly and legibly drawn by a licensed New Jersey Engineer or architect.
(2)
Titled as "Preliminary Site Plan for (name of development)".
(3)
Plans shall be presented on sheets of one of the following dimensions: 30 inches by 42 inches; 24A inches by 36 inches; 15 inches by 21 inches; or 8 1/2 inches by 13 inches.
(4)
If more than one sheet is required to show the entire site development, a separate composite map shall be drawn showing the entire tract and the sheets on which the various sections are shown, and each detail sheet shall include a key map showing its relation to the whole tract.
(5)
The plat shall consist of as many separate maps as are necessary to properly evaluate the site plan and the proposed work.
(6)
A boundary survey by a licensed New Jersey Land Surveyor, certified on a date within six months of the date of submission.
(7)
Title block containing block and lot numbers for the tract and the name of the Borough.
(8)
Name and address of the applicant and the owner, and signed consent of latter, if different from applicant.
(9)
Name, address, telephone number, signature and seal of plat preparer.
(10)
Space for the application number.
(11)
North arrow.
(12)
Scale not less than one inch equals 50 feet with written and graphic scales shown.
(13)
The date of the original drawing.
(14)
Area for the date and substance of each revision.
(15)
A key map with the North arrow showing the entire development and its relation to surrounding areas at a scale of not less than one inch equals 2,000 feet.
(16)
The names, addresses and block and lot numbers of all property owners within 200 feet of the tract.
(17)
Locations of all existing structures and their uses within 200 feet of the tract.
(18)
Zoning district(s).
(19)
Area of original tract to nearest 0.01 of an acre.
(20)
Existing lot lines to be eliminated.
(21)
Existing and proposed street and lot layout with dimensions correct to scale accuracy, showing that portion proposed for development in relation to the entire tract.
(22)
The site in relation to all remaining contiguous lands in the applicant's or owner's ownership.
(23)
The names, locations, rights-of-way widths and purposes of existing and proposed easements and other rights-of-way on the tract. Legal documentation that supports the granting of an easement by an adjoining property owner shall be included where necessary.
(24)
Existing and proposed building coverage in square feet and as a percentage of the lot area.
(25)
Existing and proposed impervious lot coverage in acres or square feet and as a percentage of the lot area.
(26)
All side, rear and front setback lines with dimensions.
(27)
Appropriate places for the signatures of the Chairperson and Secretary of the approving authority, the dates of the official approving authority actions and dates of the signatures.
(28)
Area for the storage and pickup of recyclables.
(b)
Building and use.
(2)
Proposed structures and uses on the tract including:
(3)
A written description of the proposed uses(s) and operation(s) of the building(s) including:
[a]
The number of employees or users of nonresidential buildings.
[b]
The proposed number of shifts to be worked and maximum number of employees on each shift.
[c]
Expected truck and tractor-trailer traffic.
[d]
Emission of noise, glare, vibration, heat, odor, air and water pollution.
[e]
Safety hazards.
(4)
Expansion plans incorporated into the building design.
(5)
Floor plans where multiple dwelling units or more than one use is proposed that have different parking standards.
(c)
Natural features and drainage.
(2)
Existing and proposed elevations and contour lines over the entire area of the proposed site development.
(d)
Circulation, facilities and utilities.
(2)
Plans of all proposed improvements, whether onsite, or off-tract, showing:
[a]
Acceleration/deceleration lanes.
[b]
Traffic channelization.
[c]
Fire lanes.
[d]
Driveways and aisles with dimensions.
[f]
Loading areas and number.
[g]
Curbs.
[h]
Ramps for handicapped.
[i]
Sidewalks and bike routes.
[j]
Any related facility for the movement and storage of goods, vehicles and persons.
[k]
Directional signs with scaled drawings.
[l]
Sight triangle easements at intersections.
[m]
Radii of curblines.
[n]
Street names.
[o]
Traffic control devices.
[p]
Streetlights in accordance with this chapter.
[q]
Site lighting in accordance with this chapter.
[r]
Fencing, railroad ties, bollards and parking bumpers.
[s]
Any expansion plans for the proposed use shall show feasible parking and loading expansion plans to accompany building expansion.
[t]
Cross-sections.
[u]
Proposed grades.
[v]
For roads provide center line profiles at horizontal scale of not less than one inch equals 50 feet.
(4)
If private utilities are proposed, they shall comply fully with all Borough, county and state regulations.
(5)
If service is to be provided by an existing water or sewer company, a letter from the company shall be submitted, stating that service will be available before occupancy of any structures.
(7)
Location of proposed electric, telephone and cable TV lines.
§ 23-8.8 Submissions for Final Major Site Plan.
[Ord. No. 95-588 Art. VIII]
a.
Standards for Review. In reviewing final site plans, the approving authority shall ensure that the drawing specifications and estimates of the application for final approval conform with the preliminary site plan approval.
b.
Submission Requirements. The applicant shall file with the Administrative Officer at least 15 days prior to the meeting of the approving authority:
1.
The required application forms supplied by the Administrative Officer.
2.
The application and escrow fees required pursuant to this chapter.
3.
A signed escrow agreement.
4.
Certification by the Tax Collector that all taxes are paid to date.
5.
A copy of the signed preliminary site plan in conformance with the resolution of approval.
6.
A copy of the final site plan checklist.
7.
Four sets of the final development plans at a minimum scale of one inch equals 50 feet showing all utilities and other improvements (both in the development and off-tract) in exact location and elevation.
8.
A construction schedule in accordance with this chapter for all improvements yet to be installed.
9.
Seven copies of the final site plat as follows:
(a)
Drawn by a licensed New Jersey engineer or architect.
(b)
Title as "Final Site Plan for (name of development)" and showing block and lot, municipality and county.
(c)
Plat shall be presented on sheets of one of the following dimensions: 30 inches by 42 inches; 24 inches by 36 inches; 15 inches by 21 inches; or 8 1/2 inches by 13 inches.
(d)
If more than one sheet is required to show the entire site development, a separate composite map shall be drawn showing the entire tract and the sheets on which the various sections are shown, and each detail sheet shall include a key map showing its relation to the whole tract.
(e)
Appropriate places for the signatures of the Chairperson and Secretary of the approving authority, the dates of the official approving authority actions and dates of the signatures.
(f)
Tract boundary lines.
(g)
Street names.
(h)
All lot lines and other site lines with accurate dimensions, bearings, central angles, radii, and lengths of all curves.
(i)
Minimum building setback lines.
c.
Certification by Borough Engineer. The Borough Engineer shall prepare a statement, that he has examined the street, drainage, utility, erosion, stormwater control, and found that they substantially conform with the provisions of this chapter. He shall also identify those portions of any improvements already installed and indicate that the developer has either:
§ 23-8.9 Submission Procedures for Variance Application.
[Ord. No. 95-588, Art. VIII]
a.
Standards for Review. In reviewing variance applications, the reviewing authority shall determine that sufficient information has been submitted for the reviewing authority to fully evaluate that the prerequisites of N.J.S.A. 40:50D-70(c) or (d) or 40:55D-60 as appropriate are present and may request the submission of any information to that end.
1.
Bulk Variance. An application for bulk variance or variances pursuant to N.J.S.A. 40:50D-70(c) and 40:55D-60(a) shall submit the following:
(a)
The required application forms supplied by the Administrative Officer.
(b)
The application and escrow fees required pursuant to this chapter.
(c)
A boundary survey of the property by a licensed New Jersey Land Surveyor, certified on a date within six months of the date of submission.
(d)
Certification by the Tax Collector that all taxes on the property are paid to date.
(e)
A sketch plan outlining the location, nature and any variance or variances requested.
(f)
A sketch of the proposed addition or new construction for which a variance is sought, demonstrating how same is architecturally consistent with the existing structures or an improvement thereof.
2.
Use Variances (with Minor Subdivision or Site Plan). An applicant for a use variance pursuant to N.J.S.A. 40:55D-70(d) which will also require minor subdivision or minor site plan approval shall submit the information required for bulk variances in paragraph a above, and in addition the application shall provide a written statement delineating the exact proposed use requested.
3.
Variances (with Major Subdivision and/or Major Site Plan). An applicant for a variance pursuant to N.J.S.A. 40:55D-70(c) or (d), including use variances, which will also require major subdivision and/or major site plan approval shall submit the following:
(a)
The required application form submitted by the Administrative Officer.
(b)
The application and escrow fees required pursuant to this chapter.
(c)
A certified survey of the property.
(d)
A certificate by the Tax Collector that all taxes on the property are paid to date.
(e)
A variance plan showing the limits of the proposed construction.
(f)
Architectural renderings and a sketch plan including, at a minimum, the data required in this chapter, which the applicant will accept as binding as a condition of approval of any subsequent application for major site plan and/or major subdivision approval.
(g)
An Environmental Impact Statement pursuant to this chapter.
(h)
A Traffic Impact Statement.
(i)
A written statement delineating the exact proposed use required.
§ 23-8.10 Application for Special Consideration.
[Ord. No. 95-588 Art. VIII]
The following applications shall be made on forms promulgated by the Administrative Officer who shall process them in accordance with the requirements of the Municipal Land Use Law. The fee for any application for special consideration shall be as provided in § 23-4.
a.
Conditional use.
b.
Building permit in the bed of a mapped street, pursuant to N.J.S.A. 40:55D-60(c) and 40:55D-32.
c.
Permit a structure unrelated to a street, pursuant to N.J.S.A. 40:55D-60(c) and 40:55D-36.
d.
Appeal to the governing body pursuant to N.J.S.A. 40:55D-17.
e.
Request for a certificate of approval pursuant to N.J.S.A. 40:55D-68.
f.
Appeals from the decision of the Zoning Officer and Administrative Officer pursuant to N.J.S.A. 40:55D-72(a) and 40:55D-70(2).
g.
Inquiries pursuant to N.J.S.A. 40:55D-73.1.
h.
Exceptions to requirements (waivers) pursuant to N.J.S.A. 40:55D-51(a), (b), (c).
i.
Interpretation pursuant to N.J.S.A. 40:55D-70(b).
j.
Building permits or certificates of occupancy pursuant to N.J.S.A. 40:55D-18.
§ 23-8.11 Zoning Permits.
[Ord. No. 95-588, Art. VIII]
The following applications shall be made to the Zoning Officer in accordance with this chapter: temporary use permit, temporary zoning permit, zoning permit, certificate of zoning conformity.
§ 23-8.12 Enforcement, Guarantees and Inspections.
[Ord. No. 95-588, Art. VIII]
a.
Enforcement. The governing body shall have overall authority for the enforcement of the provisions of this chapter, through the Mayor and his designees.
b.
Pre-Conditions to Commencement of Construction.
1.
Except as otherwise provided in paragraph b2 below, no construction of buildings, structures, site improvements (whether on-site or off-site) or other work shall be commenced on any site for which an approval is required pursuant to this chapter, until all of the following conditions are met:
(a)
All required local, county and state approvals shall have been obtained, including both preliminary and final approval, if required, and all required signatures are obtained on the final plat and/or site plan, after review by the appropriate officials required to sign.
(b)
The Borough Engineer shall be notified by the developer not less than three working days (excluding Saturdays and Sundays), in advance of the starting or restarting of construction or work.
(c)
Except where prior permission has been granted by the Borough Engineer, no construction or work shall be performed unless the Borough's inspector is present to insure satisfactory progress and completion of the construction.
2.
In the event that a developer elects to perform initial site construction of improvements, including clearing of roads, based on a preliminary approval granted by the Planning Board and/or Zoning Board, construction may be commenced only after a revised preliminary plan has been submitted and signed, incorporating all conditions of approval required as a result of the public hearing and the resolution granting the preliminary approval. The developer shall still comply with paragraphs b1, b1(b) and b1(c) above, as preconditions prior to the commencement of work.
3.
In the case of a minor subdivision, in the event that the developer elects to complete all improvements without posting the performance guarantee required by this chapter, no construction shall be commenced until a revised plan is submitted and signed, incorporating all conditions of approval as above. The developer shall still post the inspection escrow and notify the Borough Engineer prior to commencement of work. Whether or not an inspection escrow is required, all site improvements under this paragraph must be completed prior to the issuance of a certificate of occupancy, or within 120 days of a temporary certificate of occupancy if the performance guarantee covering the balance of the uncompleted improvements has been posted.
4.
The enforcement provisions of this chapter shall be in addition to any other additional requirements of the Uniform Construction Code, as amended, and the regulations promulgated pursuant thereto, governing construction permits. Nothing in this chapter shall relieve the developer or the contractors performing the work and construction from complying with all of the Uniform Construction Code requirements as enforced by the Borough Uniform Construction Code Official.
c.
Stop Construction Orders. In the event that construction, including clearing on any lands, buildings, structures, site improvements (whether on-site or off-site) or other work by any owner or developer of any site for which approval is required pursuant to this chapter, is commenced or continued contrary to the provisions of the Borough's Land Use Law, this chapter, or the conditions of any approval granted by any official, Board or other entity pursuant to this chapter, or in violation of any denial of approval by said official, Board or other entity, the Mayor or his designees, including the Borough Engineer, may issue a written, dated stop construction order which shall require that construction shall immediately cease and which shall further include the conditions upon which construction may be resumed, which said order shall be served on the owner or developer of the site, or the holder of the approval, in person, or by certified mail, return receipt requested. If the owner, developer or holder of the approval is not known or cannot be located, the notice may be served on the person in charge of, or apparently in charge of, the construction. No construction or work shall continue after service of a stop construction order, and construction shall not be resumed without written, dated permission of the manager, or his designee, removing or lifting the stop construction order.
d.
Staging and Completion of Installation of Improvements.
1.
In the case of major subdivisions, at the same time of granting final subdivision approval, the Planning and/or Zoning Board shall require applicant to submit a construction schedule for approval, establishing the scheduling and timing of installation of all improvements covered by the performance guarantee. The approved schedule shall be required for the protection of the interest of the public and of the residents, occupants and owners of the proposed development in the total completion of the project. The schedule shall be included in the resolution granting final approval and completion of the improvements in accordance with the schedule shall be a condition of approval.
2.
Unless otherwise approved by the Planning or Zoning Board, based on the size of the development, or specific site conditions, or improvements proposed, said schedule shall provide for all improvements to be completed within a two-year period. The schedule shall be based on the performance guarantee estimate, as prepared by the Borough Engineer at the time of final approval, in relation to the proposed number of construction permits for the project, shall require at a minimum that prior to the time that 75% of the construction permits are issued for the project, 75% of the improvements as set forth in the performance guarantee estimated shall be installed, inspected and the performance guarantee reduced in that amount by the governing body.
3.
In the event that final approval is granted by sections, then the provisions of this section shall apply by sections. Prior to the granting of final approval for a subsequent section of the project, the Planning Board may require:
(a)
A report from the Borough Engineer certifying that the developer is in compliance with the schedule previously adopted for a prior section; and
(b)
In the event that all of the certificates of occupancy have been issued for a prior section, that all improvements have been completed for that section.
4.
At any time that the developer is not in compliance with the schedule required pursuant to this section, the governing body, at the request of the Planning Board, or upon its own motion based on information submitted by the Borough Engineer, may order that the issuance of any further construction permits be suspended until certain, specified improvements are completed and certified by the Borough Engineer as complete. The suspension of permits may be pursued independently or in conjunction with a formal declaration of default and action against the developer's performance guarantee pursuant to this chapter. For projects that received final approval prior to the effective date of this chapter, but are still under construction at the time of adoption hereof, the provisions of this subparagraph shall apply and construction permits may be withheld and/or default declared if the Borough Engineer reports that the developer has received final approval in new sections and the improvements have not been completed in prior sections in which certificates of occupancy have been issued.
5.
Prior to the approval by the governing body of the final reduction and release of the performance guarantee, all easements and open space shall be conveyed to the Borough, or such other guarantee, as specified on the final plat, by deed containing a metes and bounds legal description.
e.
Guarantee Required. No final plat shall be approved until the completion of all improvements has been certified by the appropriate state, county or municipal bodies or officers or until the developer shall have filed with the Borough a performance guarantee sufficient in the amount of 120% of the cost of all such improvements on or before an agreed date.
Improvement cost as used in this section shall be defined to include construction and installation costs of grading, pavement, clearing, surveyor's monuments, drainage structure, storm sewers, sanitary sewers and other means of sewage disposal, water mains, fire protection features, streets, gutters, curbs, culverts, sidewalks, streetlights, shade trees, parking areas, landscaping, street signs, sedimentation and erosion control devices, public improvements of open space and other on-tract improvements.
Any improvements installed prior to the application for final approval that do not meet Borough standards shall be included in the performance guarantee.
f.
Public Utilities. No performance guarantee or maintenance guarantee shall be required for the installation of utilities when the improvements have been or will be installed by the utility company involved.
g.
Amount of Performance Guarantee. The total performance guarantee shall equal 120% of the performance guarantee cost estimate. The performance guarantee cost estimate shall be submitted to the approving authority by the Borough Engineer as part of his report on the final subdivision plat and/or site plan. It shall detail the scope of the work and cost for the construction of all necessary improvements. An amount equal to 15% of the cost of any improvements installed shall be included in the estimate to cover maintenance of the improvements until final acceptance by the Borough.
h.
Form of Guarantee. The performance guarantee shall consist of any security acceptable to the Borough Attorney, including but not limited to, a performance bond, letter of credit and cash. If the performance guarantee, to its terms, is limited to a certain time limit which will expire prior to the date established in the construction schedule for completion of all improvements, then the guarantee shall further contain an absolute guarantee by obligor or bank to:
i.
Extension of Time for Installation of Improvements. The time allowed for installation of the improvements for which a performance guarantee has been provided may be extended by the governing body by resolution only upon written request of the developer. As a condition or part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the remaining construction and improvements to be installed as determined as of the time of the passage of the resolution.
j.
As-Built Plans. After completion of the construction of the improvements covered by the performance guarantee, and prior to final acceptance by the Borough of any improvements, the developer shall cause the approved, final development plans and profiles to be updated to show "as-built" conditions. Three sets of record prints shall be furnished; two to the Administrative Officer and one to the Borough Engineer. "As-built" plans shall be signed and sealed by a professional engineer of the State of New Jersey.
k.
Reduction of Performance Guarantee or Rejection Thereof.
1.
Upon substantial completion of all required appurtenant utility improvements, and the connection of same to the public system, the obligor may notify the governing body in writing, by certified mail addressed in care of the Municipal Clerk, of the completion or substantial completion of improvements and shall send a copy thereof to the Borough Engineer. Thereupon the Borough Engineer shall inspect all improvements of which such notice pertains and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.
2.
The Borough Engineer shall certify the amount to be reduced, if any, as follows:
(a)
An estimate of value of all work completed will be made, and multiplied by 120%.
(b)
This amount shall be reduced by 15% which shall be withheld to guarantee the repair of damages which may occur prior to final acceptance.
(c)
The amount of the previous reductions shall be submitted.
(d)
The remainder shall be the amount to be reduced.
3.
The Borough Engineer shall forward copies of his report to the governing body, Borough Attorney, and the developer.
4.
The governing body shall either approve, partially approve, or reject the improvements on the basis of the report of the Borough Engineer, and shall notify the obligor in writing, of the contents of said report and action of said approving authority in relation thereto, not later than 65 days after receipt of the notice from the developer of the completion of the improvements. Where partial approval is granted, the developer shall be released from all liability pursuant to its performance adequately sufficient to secure a provision of the improvements not yet approved, provided that 30% of the amount of the performance guarantee posted may be retained to insure completion of all improvements. Providing a request is made for a reduction in conformity with this chapter, failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the developer of surety, shall be released from all liability pursuant to such performance guarantee for such improvements.
5.
If any portion of the required improvements are rejected, the Borough Engineer and such other individuals as designated by the Mayor, shall prepare a "punch list" of the items remaining to be completed, whether they are newly created as a result of construction practices. A new estimate for the cost of completing items rejected and the balance of all other improvements shall be prepared. The performance guarantee shall not be reduced below the estimate of the amount deemed necessary to complete the items as identified on the "punch lists", and if the performance guarantee balance is below said amount, an additional performance guarantee shall be posted in the amount of the new estimate. Unless otherwise recommended by the Borough Engineer, the developer shall have 120 days to reduce the "punch list" to a condition suitable for a final inspection, at which time the same procedure of notification as set forth above for reduction shall be followed.
l.
Default by Developer. If the required improvements are not completed or in accordance with the performance guarantee, the obligor and surety, if any, under the performance guarantee shall be liable thereon to the Borough for the cost of the improvements not completed or corrected and the Borough may, either prior to or after receipt of the proceeds thereof, complete the improvements. For the purposes of this subsection, "default" shall mean failure to install the improvements in accordance with Borough standards of construction, including but not limited to, failure to install the improvements.
1.
Prior to the expiration of the performance guarantee;
2.
Within the time schedule established pursuant to this chapter;
3.
In accordance with the terms and conditions of the resolution granting approval; and/or
4.
In accordance with any applicable provisions of the New Jersey Land Use Act or this chapter.
The Borough Engineer's certification that the developer has defaulted in compliance with the required standard of construction and installation of improvements shall be the basis for governing body action which rejects the improvement, withholds approval, withholds construction permits, or formally declares default and authorizes collection on the performance guarantee.
m.
Acceptance of Improvements. The approval of any plat under this chapter or the reduction of any performance guarantee by the approving authority shall in no way be construed as acceptance of any street, drainage systems, or other improvement required by this chapter, nor shall such plat or performance guarantee reduction obligate the Borough in any way to maintain or exercise jurisdiction over such street, drainage system, or other improvements. Acceptance of any street, drainage system or other improvements shall be implemented only by favorable action of the governing body in accordance with the provisions set forth in N.J.S.A. 40:55D-53. No improvements shall be accepted by the governing body unless and until the following conditions have been met:
1.
The Borough Engineer shall have certified in writing to the governing body that all of the improvements are complete and that the improvements fully comply with the requirements of this chapter and any approval granted pursuant thereto.
2.
A maintenance guarantee has been posted and approved in accordance with this chapter.
3.
As-built plans have been submitted in accordance with this chapter.
n.
Maintenance Guarantee. The developer shall file with the Borough Clerk, and the governing body shall approve and accept, a maintenance guarantee in the amount of 15% of the Borough Engineer's estimate of the total cost for the installation of improvements, which guarantee shall run for a period of two years from final acceptance of the improvements. The procedure and requirements for filing, approving and releasing the performance guarantee shall be identical to the procedures and requirements for filing, approving and releasing the performance guarantee as set forth in Subsection 23-8.12k above. For on-site plans, the maintenance guarantee shall be required only for improvements accepted by the Borough. In the event that other governmental agencies or public utilities are to be installed or the improvements are covered by a performance maintenance guarantee to another governmental agency no performance or maintenance guarantee, as the case may be, shall be required by the municipality for such utilities or improvements.
o.
Penalties. In addition to the penalties for violation of this chapter, and of any other ordinance or regulation made under authority conferred herein, as set forth in Subsection 23-8.1 of this chapter the Borough Engineer is specifically authorized to require the replacement and reconstruction of any construction, including clearing, of any land, building structures, site improvements (whether on-site or off-site) or other work commenced or continued of any site for which an approval is required pursuant to this chapter in violation of any stop construction order pursuant to Subsection 23-8.12c; the condition as set forth in Subsection 23-8.12b; or the standards for construction as established by the Borough.
§ 23-8.13 Permits, Generally.
[Ord. No. 95-588, Art. VIII]
No zoning permit, construction permit or certificate of occupancy shall be issued for any parcel of land or structure which was sold or on which improvements were undertaken in violation of the provisions of this chapter for the use of a lot which was created by subdivision after the effective date of, and not in conformity with the provisions of this chapter. No site improvement such as, but not limited to, excavation or construction of public or private improvements shall be commenced except in conformance with this chapter in accordance with plat approvals and the issuance of required permits. No certificate of occupancy shall be issued, except in the case of residential lots within an approved subdivision, without the certification by the Administrative Officer that all requirements of this chapter have been met.
§ 23-8.14 Violations and Penalties.
[Ord. No. 95-588, Art. VIII]
a.
If, before favorable referral and final approval have been obtained, any person transfers or sells, as owner or agent, any land which forms a part of a subdivision on which by this chapter, the Planning Board is required to act, such person shall be subject to a fine not to exceed $1,000 or to imprisonment for not more than 30 days, and each parcel, plat or lot so disposed of shall be deemed a separate violation. In addition to the foregoing, if the streets in the subdivision are not such that a structure on said land in the subdivision will meet requirements for a building permit under Section 3 of the Official Map and Building Permit Act (1953), the Borough may institute and maintain a civil action:
1.
For injunctive relief.
2.
To set aside and invalidate any conveyance made pursuant to such a contract of sale if the certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56, but only if the Borough has a Planning Board or a committee thereof with power to act and which:
b.
In any such action the transfer, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or assigns or successors, to secure the return of any deposit made or purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land, or within six years if unrecorded.