Roseland City Zoning Code
ARTICLE III
Development Application Review Procedures
§ 30-301 JURISDICTION.
The Planning Board and Zoning Board of Adjustment have the powers specified in Article VI of this chapter. Certain of the respective powers of the Planning Board and Zoning Board of Adjustment overlap as follows:
§ 30-301.1 Planning Board.
[Ord. No. 20-1993]
a.
The Planning Board shall have the power to act in lieu of the Zoning Board of Adjustment, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment, on the following matters pursuant to N.J.S.A. 40:55D-60:
1.
Grant variances pursuant to N.J.S.A. 40:55D-70c and subsection 30-601.10 of this chapter, as part of a subdivision, site plan or conditional use application.
2.
Direct, pursuant to N.J.S.A. 40:55D-34, the issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area; as part of a subdivision, site plan, or condition use application.
3.
Direct, pursuant to N.J.S.A. 40:55D-35, the issuance of a permit for a building or structure not related to a street; as part of a subdivision, site plan, or condition use application.
b.
Whenever relief is requested pursuant to this subsection, any public notice required shall include reference to the request for a variance or direction for the issuance of a permit, as the case may be.
c.
The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial impairment of the intent and purpose of the zone plan and zoning ordinances.
§ 30-301.2 Zoning Board of Adjustment.
[Ord. No. 20-1993]
a.
The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, site plan, subdivision or conditional use approval when reviewing an application for approval of a variance pursuant to N.J.S.A. 40:55D-70d and subsection 30-602.7d of this chapter, provided, however, that the exercise of this power shall be limited to that lot (or lots) for which a variance is requested, or upon which a proposed variant use, structure or condition is to be situated. The Zoning Board of Adjustment shall also grant any variances pursuant to N.J.S.A. 40:55D-70c and subsection 30-602.7c of this chapter which may be incidental to the request for "d" variance approval.
b.
Whenever the Zoning Board of Adjustment is reviewing an application for preliminary approval of a site plan, subdivision or conditional use in connection with an application for a variance pursuant to N.J.S.A. 40:55D-70d, whether simultaneously or subsequently, public notice shall be required and shall include reference to the request for a variance.
§ 30-302.1 Subdivision Review.
All subdivisions are subject to the review procedures specified herein.
§ 30-302.2 Site Plan Review.
[New]
Except as herein provided, no Zoning or Construction Permit shall be issued for the erection of or addition to any structure or for the creation of any parking spaces on properties or for the addition of driveways and/or paving on properties or for a change in use for any structure until a site plan has been reviewed and approved by the Board, except that the approval of a site plan shall not be necessary for the construction of or addition to a detached single or two-family dwelling unit used solely for residential purposes and its customary accessory building(s), nor for any building construction which does not require the issuance of a construction permit. Nothing contained herein shall eliminate the obligation to obtain any required permits.
§ 30-302.3 Form of Ownership.
Prior to any change in the form of ownership of a project, such as from an individual to a condominium or homeowners association, the Planning Board shall review and approve the Maintenance and Open Space Agreements.
§ 30-302.4 Change in Use.
[New]
Prior to any change in use an application must be submitted to the Planning Board for its review and approval.
§ 30-303 WAIVERS.
[New]
On request of the applicant, the Board may waive any of the requirements of Article III. The applicant shall submit the request for waiver(s) to the Board Secretary, who shall forward the request to the Board for action at their next meeting. The Board shall act on the waiver(s) requested within the forty-five (45) day time limit for the completeness review. If the request for waiver(s) is granted, the Board shall proceed to review the application on its merits. If the request for waiver(s) is denied, the Board shall declare the application incomplete and request the additional information it needs to process the application.
§ 30-304.1 Application.
Prior to the development of a site plan, or the subdivision, resubdivision or consolidation of land and prior to a change in use, an application shall be submitted to and approved by the Planning Board in accordance with the requirements of this Article; except that the development of an individual lot for a detached one dwelling unit building or facade changes shall be exempt from site plan review and approval. In the event the subdivision or site plan application requires action by the Board of Adjustment as provided in this chapter, said application shall be submitted to and processed by said Board which shall act to the same extent and subject to the same restrictions as the Planning Board as set forth in this Article.
§ 30-304.2 Application Checklist.
As part of the application the applicant shall fill out and submit the application checklist, shown at the end of this section, a copy of which can be obtained from the Board Secretary.
§ 30-304.3 Application Fees.
Every application for development shall be accompanied by the appropriate fees and if applicable escrow payable to the Borough in accordance with Article VII of this chapter.
§ 30-304.4 Experts.
[New]
Any expert testifying for an applicant on a development application must submit to the Board a report at least ten (10) days prior to the hearing date.
§ 30-305 SUBMISSION OF APPLICATIONS FOR APPROVAL OF MINOR SUBDIVISIONS AND SITE PLANS.
The procedures and details set forth below constitute the only submission requirements for final approval of minor subdivisions and minor site plans.
§ 30-305.1 Procedure for Submitting Applications for Final Approval of Minor Subdivisions and Site Plans.
[New]
a.
The applicant shall submit to the Secretary to the Board eighteen (18) copies of the plat prepared in accordance with subsection 30-305.2 below, eighteen (18) copies of the completed application, eight (8) copies of the completed application checklist, and the fees in accordance with Article VII of this chapter. The Secretary to the Board shall process the application and certify the application as complete or notify the applicant in writing of any deficiencies within forty-five (45) days of submission. If the application has been found to be incomplete, it shall be returned to the applicant who may submit an appropriately revised application as in the first instance.
b.
Applicant shall submit the application, plans and fee to the County Planning Board for review and action, as required by State statute or this chapter. The applicant shall provide evidence of compliance with this provision, prior to commencement of hearings by the Board.
c.
Additional copies of the submission may be requested from the applicant to be forwarded to other individuals, offices, and agencies for information, review and comment.
§ 30-305.2 Details Required for Approval of Minor Subdivisions.
No plat shall be classified and approved as a minor subdivision unless drawn by a professional engineer or land surveyor licensed to practice in the State of New Jersey. The plat submitted for approval of minor subdivisions shall be based on a property boundary survey by a licensed New Jersey land surveyor drawn at a scale of not more than fifty (50) feet to the inch on one of the following standard size sheets: eight and one-half by thirteen (8-1/2 x 13) inches, fifteen by twenty-one (15 x 21) inches or twenty-four by thirty-six (24 x 36) inches, to enable the entire tract to be shown on one (1) sheet unless an alternate size is approved by the Borough Engineer. The plat shall show or include the following information:
a.
A key map of the proposed development showing all roads and streets within one-half (1/2) mile of the proposed development boundaries at a scale of one (1) inch equals not more than two thousand (2,000) feet.
c.
Name and address of owner or owners of record, and the authorized agent, if any.
d.
Signature of the applicant, and, if the applicant is not the owner, the signed consent of the owner.
e.
Graphic scale and north arrow.
f.
Revision box and date of each revision.
g.
Existing block and lot number(s) of the lot(s) to be developed as they appear on the municipal tax map.
h.
A map of the entire tract or property showing the location of that portion to be subdivided or developed, giving all distances and showing all public or private rights-of-way, easements and roads abutting or transversing the property. Development boundaries shall be clearly delineated.
i.
The name of all adjoining property owners as disclosed by the most recent Borough tax records.
j.
Any municipal limits within two hundred (200) feet of the development and the names of adjoining municipalities.
k.
The location of existing and proposed property lines, streets, buildings (with an indication as to whether existing buildings will be retained or removed), parking spaces, loading areas, driveways, watercourses, railroads, bridges, culverts, drain pipes, and any natural features and treed areas, both within the tract and within two hundred (200) feet of its boundary.
l.
Area in square feet of all existing and proposed lots.
m.
Bearings and distances of all sides and indication of any existing reference corners in the tract. (Bearings to the nearest thirty (30) seconds, distance to the nearest 100th of a foot, error of closure 1/10,000 minimum). All bearings shall be in the New Jersey Plane Coordinate System.
n.
Sufficient elevations or contours to determine the general slope and natural drainage of the land and the high and low points on the subject parcel and adjacent properties.
o.
All streets as shown on the Official Map or Master Plan whenever they lie within the development or within two hundred (200) feet of it.
p.
The location and width of all existing and proposed utility and drainage easements. Where a proposed or potential new building site is to be established, plans for water supply, sewage disposal and storm drainage shall be submitted. When an individual water supply and/or sewage disposal system is proposed, the plan for such system must be approved by the appropriate local, County or State agency. When a public sewage disposal system is not available, the developer shall have two (2) percolation tests per lot made and shall have such tests approved by the Board of Health and shall submit the results of such approved tests with the minor subdivision plat.
q.
Zone district boundaries.
r.
Proposed buffer and landscaped areas, including types and sizes of plantings, and planting, staking and mulching details.
s.
Delineation of floodplain and wetlands areas.
t.
Any protective covenants or deed restrictions applying to the lands being developed.
u.
A sketch of the proposed layout or disposition of remaining lands, if any.
v.
For plats involving a corner lot or lots, the required sight triangle easement(s).
w.
If the applicant intends to file by deed(s) record of the approved subdivision with the County Recording Officer, the following signature block shall be provided on the deed(s):
APPROVED BY THE ROSELAND BOROUGH PLANNING BOARD | |
Planning Board Chairman | Date |
Planning Board Secretary | Date |
x.
If the applicant intends to file the plat as record of the approved subdivision with the County Recording Officer, the plat shall be prepared in compliance with the "Map Filing Act" N.J.S.A. 46:23-99 et seq. and bear the signature block noted in paragraph w.
§ 30-305.3 Payment of Fees and Taxes Required.
No application shall be deemed complete unless all fees required at the time of submission have been paid and certification from the Tax Collector that all taxes and assessments for local improvements on the property have been paid to date.
§ 30-305.4 Details Required for Approval of Minor Site Plan
The plan submitted for approval of a minor subdivision shall be of sufficient detail and the application contain sufficient information so as to allow the Board to make an informed decision regarding the application.
§ 30-305.5 Action by the Board
[Ord. No. 20-1993]
a.
The Board shall take action on minor subdivision and minor site plan applications within forty-five (45) days after the certification by the Secretary to the Board of the submission of a complete application or within such further time as may be consented to in writing by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval.
b.
Any proposed development plan, 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 adjacent properties, may be required to be revised to remove such adverse effect(s) prior to further review, classification or approval by the Board, providing that the time period required for action by the Board is not extended unless such extension is consented to in writing by the applicant. Where the remaining portion of the original tract is of sufficient size to be developed further, the applicant may be required to submit a sketch of the entire remaining portion of the tract to indicate a sketch plan whereby the development plan under review, together with any subsequent development plans that may be submitted, will not create, impose, aggravate or lead to any such adverse effects.
c.
If an application for development is approved as a minor subdivision, a notation to that effect, including the date of decision, shall be made on the master copy of the plat. At least one (1) mylar sepia of the plat shall be signed by the Chairman and the Secretary to the Board (or acting Chairman or Secretary where either or both may be absent). No further approval of the application shall be required. In the event the same is disapproved by the Board, the Secretary to the Board shall, within seven (7) days of the adoption of a resolution memorializing the disapproval send a copy of the resolution to the applicant.
d.
In acting on the application, the Board shall condition any approval upon the appropriate action of the County Planning Board, and any other required governmental approvals.
Within one hundred ninety (190) days from the date of decision approving a minor subdivision, a plat map drawn in compliance with the Map Filing Act N.J.S.A. 46:23-9.9 et seq. and/or deed description(s) shall be filed by the applicant with the County Recording Officer. Unless filed within the one hundred ninety (190) days, the approval shall expire and the plat will require Board approval as in the first instance. |
The Planning Board may extend the one hundred ninety (190)-day filing period, if the developer proves to the reasonable satisfaction of the Board that (1) he was prevented from filing because of delays in obtaining other required governmental approvals and (2) he applied promptly for and diligently pursued these approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals. The developer may apply for the extension either before or after the expiration of the one hundred ninety (190) day period. |
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two (2) years after the date of minor subdivision approval by the Board, provided that the approved development plan shall have been duly recorded as provided in this section. The Board shall grant an extension of this period, not to exceed one (1) year from the date of expiration, if the developer proves to the reasonable satisfaction of the Board, that he was prevented from proceeding because of delays in obtaining other required government approvals, for which he applied promptly and diligently pursued. A developer shall apply for this extension either before the expiration date of the approval or before the ninety-first (91st) day after the date on which he received the last of the required approvals whichever occurs later. |
§ 30-305.6 Distribution of Approved Plat or Plan.
[Amended 12-15-2020 by Ord. No. 25-2020]
The Secretary to the Board shall distribute copies as follows:
Municipal Clerk (1)
Engineer (1)
Construction Official (1)
Tax Assessor (1)
County Planning Board (1)
Planning Board File (1)
Fire (1)
Police (1)
Borough Arborist (1)
Superintendent of Public Works (1)
Code Enforcement Officer (1)
§ 30-306 SUBMISSION OF SKETCH PLATS AND CONCEPTUAL SITE PLANS.
Prior to a preliminary submission, the applicant is encouraged to submit a sketch plan or a conceptual site plan for review and discussion with the Planning Board.
a.
Sketch Plat of a Major Subdivision. A sketch plat of any major subdivision may be submitted for informal, preparatory discussion before the preliminary plat is prepared. The sketch plat is designed to enable the Planning Board and the applicant to discuss and evaluate principles and potential problems involved before the applicant has gone to the expense of completing detailed engineering drawings as required for preliminary and final plats of major subdivisions.
b.
Conceptual Site Plan. As a preferred initial step, the applicant may submit a conceptual site plan for review by the Board. This step is optional and is recommended by the Board. The conceptual site plan is designed to enable the Board and the applicant to discuss and evaluate principles and potential problems involved before the applicant has gone to the expense of completing detailed engineering drawings as required for the preliminary and final site plan.
The Planning Board shall be authorized to establish reasonable criteria for the subsequent submission of the preliminary plat or site plan and notwithstanding any other provisions of this chapter, waive, for good cause, to the extent felt appropriate on the basis of the sketch or conceptual site plan any of the details required under this chapter for the processing of the applications for approval of the preliminary and final development plans. Conceptual review is intended to enable the applicant to proceed with the submission of the preliminary development plan on a reasonable, expeditious and sound basis and shall not be construed as authorization for any construction, nor shall such action be considered an indication of any future actions by the Board at the times of subsequent submissions. Such review shall not be binding on either the Board or the applicant. |
§ 30-307.1 Procedure for Submittal.
[New]
A preliminary submission is required of all subdivisions classified as major subdivisions and of all development proposals requiring major site plan review.
a.
Submit to the Secretary to the Board twenty (20) copies of the preliminary development plan in accordance with subsections 30-307.2 through 30-307.5 below, twenty (20) copies of the completed application, eight (8) copies of the completed application checklist, and the fee in accordance with Article VII of this chapter. The Secretary to the Board shall process the application and certify the application as complete or notify the applicant in writing of any deficiencies within forty-five (45) days of the submission. If the application has been found to be incomplete, it shall be returned to the applicant who may submit an appropriately revised application as in the first instance.
b.
Applicant shall submit the application, plans and fee the County Planning Board for review and action, as required by State Statute or this chapter. The applicant shall provide evidence of compliance with this provision, prior to commencement of hearings by the Board.
c.
Additional copies of the submission may be requested from the applicant to be forwarded to other individuals, officers and agencies for information, review and comment.
§ 30-307.2 Format for Preliminary Development Plans.
a.
Each submission shall be at scale of one (1) inch equals fifty (50) feet for a tract up to forty (40) acres in size; one (1) inch equals one hundred (100) inches for a tract over forty (40) acres in size. Each submission shall be on one (1) of three (3) of the following standard sheet sizes: eight and one-half by thirteen (8 1/2 x 13) inches, fifteen by twenty-one (15 x 21) inches, or twenty-four by thirty-six (24 x 36) inches unless an alternate sheet size is approved by the Borough Engineer. If one (1) sheet is not sufficient to contain the entire tract, the map may be divided into sections to be shown on separate sheets of equal sizes, with reference on each sheet to the adjoining sheet.
b.
The application shall be submitted in bound sets of drawings. Each set of drawings shall be broken down according to the following criteria:
§ 30-307.3 Details Required for Preliminary Development Plans.
[New; amended 12-15-2020 by Ord. No. 25-2020]
a.
The following are required:
1.
A key map showing the entire tract and its relation to the surrounding areas, at a scale of one (1) inch equals not more than two thousand (2,000) feet.
3.
Name and address of the attorney representing parties, if any, giving the name of each client represented.
4.
Graphic scale and north arrow.
5.
Revision box.
6.
Signature block on title sheet.
(a)
Plan (or plat) of __________________________________ | |||
Lot ______ | Section ______ | Map ______ | Zone ______ |
Date _________________________ | Scale _________________________ | ||
Application ____________________________________________________ | |||
(b)
I consent to the filing of the Development Plan with the Planning Board/Zoning Board of Adjustment (only include appropriate Board) of the Borough of Roseland.
Owner | Date |
(c)
I hereby certify that I have prepared this Development Plan and all dimensions and information are correct.
Name | Title & License No. |
(d)
I have reviewed this Development Plan and certify that it meets all codes and ordinances under my jurisdiction
Borough Engineer | Date |
(e)
To be signed before the issuance of a Construction Permit: I hereby certify that all the required improvements have been installed or a bond posted in compliance with all applicable codes and ordinances.
(If improvements installed) | |||
|---|---|---|---|
Borough Engineer | Date | ||
(If bond posted) | |||
|---|---|---|---|
Municipal Clerk | Date | ||
(f)
Approved by the Planning Board/Zoning Board of Adjustment (only include appropriate Board).
Preliminary/Final (Circle One | |
|---|---|
Chairman | Date |
Secretary | Date |
7.
A schedule of applicable zoning regulations affecting the property in question along with corresponding data for the application.
8.
All existing tract boundary or lot lines with lengths of courses to 100ths of a foot and bearings to half minutes, the error of closure not to exceed 1 to 10,000. The tract boundary or lot lines shall be clearly delineated. All bearings shall be in the New Jersey Plane Coordinate System.
9.
Existing block and lot number(s) of the lot(s) to be developed as they appear on the municipal tax map.
10.
Name and address of the owner or owners of record and the names and addresses of all property owners within two hundred (200) feet of the extreme limits of the tract as shown on the most recent tax list prepared by the Borough Tax Assessor. Lot and block number of each bordering lot.
11.
Municipal boundaries within two hundred (200) feet of the tract and the names of the adjoining municipalities.
12.
Zoning district boundaries affecting the tract.
13.
The location of any portion which is to be developed in relation to the entire tract.
14.
Acreage of the tract to be developed to the nearest tenth of an acre.
15.
Existing contours at two (2) foot intervals where slopes are less than fifteen (15%) percent and at five (5) foot intervals when fifteen (15%) percent or more; referred to a known datum and indicated by a dashed line. All contours shall be based upon U.S.C. and G.S. datum.
16.
Locations of all existing structures showing front, rear and side yard setback distances, and an indication of whether the existing structures and uses will be retained or removed.
17.
The locations and dimensions of all existing railroad rights-of-way, bridges, culverts, water and sewer mains, gas transmission lines and light tension power lines within the tract and within two hundred (200) feet of its boundaries.
18.
The locations and extent of all existing easements or rights-of-way, whether public or private, affecting the tract, including a statement of the limits and purposes of the easement rights.
19.
The names, exact location and width along the property line of all existing streets, recorded streets, or streets shown on an Official Map or Master Plan of the Borough within the tract and within two hundred (200) feet of it.
20.
The locations and species of isolated trees having a diameter in excess of six (6) inches (D.B.H.) and the location of all wooded areas.
21.
All existing watercourses, including lakes and ponds, and drainage rights-of-way within the tract or within two hundred (200) feet thereof.
22.
Unique natural features or historic sites or structures within the tract and within two hundred (200) feet thereof.
23.
The boundaries and dimensions of any proposed new lot(s), proposed block and lot numbers as provided by the Borough Engineer upon written request, and the area of each proposed lot in square feet.
24.
A sketch of the proposed layout or disposition of remaining lands, if any.
25.
All public property and property proposed to be dedicated in the tract, accurately outlined and described with existing or proposed uses designated.
26.
The location and use of all property to be reserved by covenant in the deed for the common use of all property owners or otherwise.
27.
All proposed easements or rights-of-way, whether private or public, the limits and purpose of the easement rights being definitely stated on the plan.
28.
Proposed grading at two (2) foot intervals, where slopes are less than fifteen (15%) percent and at five (5) foot intervals when slopes are fifteen (15%) percent or more, referred to a known U.S.C. and G.S. datum and indicated by a solid line.
29.
For site plans, the location of all proposed buildings, structures, signs and lighting facilities, and refuse storage devices, together with all dimensions necessary to confirm conformity to this chapter.
30.
For site plans, the location and designs of any off-street parking areas or loading areas, showing size and location of bays, aisles, and barriers.
31.
All means of vehicular ingress and egress to and from the tract or site onto public streets, showing the size and location of driveways and curb cuts, including the possible utilization of traffic signs, signals, channelization, acceleration and deceleration lanes, additional width and any other devices necessary to prevent a difficult traffic situation.
32.
Plans, typical cross sections, centerline profiles, tentative grades and details of all streets which are proposed to be improved, both within, abutting and off the tract, including curbing, sidewalks, storm drains, and drainage structures. Sight triangles, the radius of curblines and street sign locations shall be clearly indicated at intersections.
33.
Plans of proposed improvements and utility layouts, including sanitary sewers, storm drains, water, gas, telephone, and electricity, showing feasible connections to any proposed utility systems. If private utilities are proposed, they shall comply fully with all local, County and State regulations. If service will be provided by an existing utility company, a letter from that company stating that service will be available before occupancy will be sufficient. When individual on-site water supply or sewage disposal is proposed, the system shall be designed in accordance with the requirements of the agency with jurisdiction and shall be accompanied by the necessary approvals.
34.
The application shall include plans and computation for any storm drainage systems including the following:
(a)
The size, profile and direction of flow of all existing and proposed storm sewer lines within or adjacent to the tract and the location of each catch basin, inlet, manhole, culvert and headwall with the invert elevations of each.
(b)
The location and extent of any proposed drywells, ground water recharge basins, detention basins or other water or soil conservation devices.
35.
When a stream is proposed for alteration, improvement or relocation or when a drainage structure or fill is proposed over, under, in or along a running stream, evidence of approval or of the request for approval, required modifications, or lack of jurisdiction over the improvement by the New Jersey Division of Water Policy and Supply shall accompany the application. In addition, the following documentation shall be submitted:
(a)
Cross-sections of watercourses and/or drainage swales to scale showing the extent of floodplain, top of bank, normal water levels and bottom elevations at the following locations:
(1)
At any point where a watercourse crosses a boundary of the tract.
(2)
At a maximum of one hundred (100) foot intervals, but not less than two (2) locations along each watercourse which runs through the tract or within two hundred (200) feet of the tract.
(3)
At fifty (50) foot intervals for a distance of five hundred (500) feet upstream and downstream of any point of juncture of two (2) or more watercourses within the tract and within one thousand (1,000) feet downstream of the tract.
(b)
The delineation of the floodway, flood hazard and wetland areas within and adjacent to the tract.
(c)
The total acreage in the drainage basin of any watercourse running through or adjacent to the tract in the area upstream of the tract.
(d)
The total acreage in the drainage basin to the nearest downstream drainage structure and the acreage in the tract which drains to the structure.
(e)
The location and extent of any existing and proposed drainage and conservation easements and of stream encroachment lines.
(f)
The location, extent and water level elevation of all existing or proposed lakes or ponds within and adjacent to the tract.
36.
When ditches, streams or watercourses are to be altered, improved or relocated, the method of stabilizing slopes and measures to control erosion and siltation, as well as typical ditch sections and profiles, shall be shown.
37.
Proposed shade trees, screening, buffering and, in the case of site plans, landscaping, shown on a separate landscaping plan. The landscaping plan shall be prepared in accordance with the following requirements:
(a)
The landscape plan shall be prepared by a New Jersey certified landscape architect.
(b)
The landscape plan shall be based upon the topographic and tree survey as required in this Article.
(c)
The plan shall identify and describe each type of intended landscape treatment and shall clearly state the objective of each such treatment and the condition in which said item(s) or area(s) are to be maintained.
(d)
The plan shall show:
(1)
Existing vegetation and whether or not it will remain.
(2)
Existing individual trees in excess of six (6) inches (D.B.H.), identified by species and showing the approximate crown limits.
(3)
Contiguous stands of trees with intergrown crowns which will be preserved.
(4)
Existing and proposed contours and site clearance and grading limits.
(5)
Limits of excavation, haul roads, stockpile areas, staging areas and the temporary and ultimate landscaping of each.
(6)
Areas with special soils or slope conditions (existing and/or proposed).
(7)
Specifications for proposed topsoiling, seeding, soil amendment and mulching.
(8)
Proposed planting schedule:
(i)
Proposed plantings shall be shown on the landscape plan by symbols appropriately scaled to represent the sizes at the time of planting (beds shall be shown in outline).
(ii)
A schedule shall be provided giving scientific and common plant names (re: Standard Plant Names, J. Horace McFarland Co., publishers), sizes at the time of planting (American Association of Nurserymen increments), quantities of each kind of plant and proposed planting dates.
(9)
For site plans, the plan shall show paths, steps, handrails, lighting, site furniture and play equipment, mail boxes, refuse storage devices, fences, retaining walls, surface drainage courses and inlets, and utilities to be located at or above ground.
(10)
Details, cross sections, materials, surface and finished grade elevations as necessary for review and evaluation by the Board.
(11)
Notes regarding special maintenance requirements during the period of establishment and the limits of any such special maintenance areas.
(12)
Notes regarding permanent or temporary site maintenance commitments.
(13)
If soil is to be removed or brought to the site, the quantity, method of transportation and steps to be taken to protect public streets shall be described.
(14)
The proposed location, direction of illumination, power, and type of proposed outdoor lighting, with isolux lines drawn on a copy of the site plan.
38.
For a site plan, preliminary elevations and plans of all buildings and structures, showing windows, doors, architectural treatment, roof treatment, roof appurtenances and screening, floor elevations, proposed methods of energy conservation, and the locations, dimension and legend(s) of all proposed signs. The Board may request that architectural renderings of the building(s) and sign(s) be provided to show and document the proposed architectural treatment. For a subdivision, the approximate basement, garage floor, and first floor elevation for each house.
39.
The Board reserves the right to require additional sight line drawings to determine the impact of the building height on adjacent land uses.
40.
Proposed permanent monuments as per the Map Filing Act N.J.S.A. 46:23.
41.
An approved Soil Erosion and Sediment Control Plan.
42.
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. However, the need for such additional information shall not affect the determination of the completeness of the submission of the application for development.
43.
No application shall be deemed complete unless all fees required at the time of submission have been paid.
44.
Additional certification and documents shall accompany all preliminary development plans and shall include the following:
(a)
Certification that the applicant is the owner or purchaser under contract for the land.
(b)
Certificate from the Tax Collector that all taxes and assessments for local improvements are paid to date.
(c)
Certification from the Board of Health approving the method and type of sewage disposal and water supply if public sewage disposal and/or water supply are not used.
(d)
Comments from the Superintendent of Public Works. The Superintendent of Public Works is advisory and the Planning Board may take their comments into consideration when rendering a decision.
(e)
Comments from the Environmental Commission. The Environmental Commission is advisory and the Planning Board may take their comments into consideration when rendering a decision.
(f)
In a development served by public water, hydrants are to be located and fire flows are to be such that they meet the minimum standards of the Insurance Services Office of New Jersey and certification to that effect from that agency shall be submitted.
(g)
Domestic water supplies for each house shall have a residual pressure in the water main in front of the dwelling of not less than fifty (50) psi. Certification to that effect from either the serving utility or the Insurance Services Office of New Jersey shall be submitted.
(h)
Certification of available sewage capacity from the serving utility.
(i)
Where water or sewage service is to be obtained from a private or public utility system, certification from the appropriate agency that it has consented to such method of service and copies of all agreements or written consents from utilities undertaking to provide such services.
(j)
A copy of all existing protective covenants or deed restrictions of every nature affecting the premises sought to be developed or any part thereof and including a statement as to whether such deeds or covenants are of record. A copy or abstract of the deed or deeds or other instruments by which title is derived with the names of all owners shall also be presented with the application.
(k)
Corporate Disclosure. Any corporation or partnership applying for permission to subdivide a parcel of land into six (6) or more lots or applying for a variance to construct a multi-family dwelling of twenty-five (25) or more units or applying for approval of a site to be used for commercial purposes shall submit to the Board a list of the names and addresses of all stockholders or individual partners owning at least ten (10%) percent of its stock of any class or at least ten (10%) percent of the interest in the partnership, as the case may be. If another corporation or partnership owns ten (10%) percent or more of the stock of the applicant corporation, or ten (10%) percent or greater interest in the applicant partnership, as the case may be, that corporation or partnership shall list the names and addresses of its stockholders or individual partners holding ten (10%) percent or more of its stock or ten (10%) percent or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners exceeding the ten (10%) percent ownership criterion have been listed.
§ 30-307.4 Development Impact Statement.
Documentation accompanying the preliminary development plan shall include a Development Impact Statement. Such Development Impact Statement shall enable the Board to assess the foreseeable impact of the proposed development upon both the natural and man-made environment in order to avert harmful effects upon, including but not limited to, sewage disposal, water supply, soil erosion, vegetation, watercourses, air resources, solid waste disposal, pedestrian and vehicular traffic, existing and anticipated development, noise, municipal services and expenditures and aesthetics. The Board shall withhold approval of any site plan submitted hereunder unless it determines that no such harmful effects will result to an undue degree from the proposed development, nor will a disproportionate or excessive demand be placed upon the total resources available for such proposed development or for any future proposals. To assist the Board in its evaluation of the proposed project, the Development Impact Statement submitted by the applicant shall, at the discretion of the Board, include data and information as follows:
a.
Sewerage Facilities. Proof of ability to serve site or approvals from the appropriate utility or regulatory agency.
b.
Water Supply. Proof of an adequate potable water supply.
c.
Drainage. Proof that the storm water runoff from the site will be in conformity with all requirements of State statutes and regulations, that on or off site erosion will not be caused, and that the potential of downstream flooding is not aggravated.
1.
Volume of stormwater runoff now existing from site and volume to be generated by new improvements.
2.
Data on landscaping, vegetation map, tree and ground cover, existing, on-site compared with that proposed.
3.
Changes of runoff to be caused by change of such landscape, ground cover and all impervious surfaces.
4.
Plans for disposition of stormwater, whether by retention, detention or means of channeling so as to protect downstream lands.
5.
Stream Encroachment. In the case of streams having a drainage area exceeding fifty (50) acres, an encroachment permit is required from the New Jersey Division of Water Resources for fill or diversion of a water channel, alteration of a stream, repair or construction of a bridge, culvert, reservoir, dam, wall, pipeline or cable crossing.
6.
Flood Plains. Description of potential flood damages, including a summary of flood stages from State and Federal sources.
7.
Submission of a Sediment and Erosion Control Plan drawn in accordance with the guidelines and standards adopted from time to time by the Hudson, Essex, Passaic Soil Conservation District.
If this information has been supplied as part of the development plan, reference to that submission will be sufficient.
d.
Solid Waste Disposal. A plan for disposal of solid waste by means of a facility operating in compliance with the Essex County Solid Waste Management Plan.
e.
Recycling. A plan for recycling in compliance with County and local requirements.
f.
Air Pollution. Proof that no visible smoke or deleterious chemical changes will be produced in the atmosphere by heating or incinerating devices nor by any processing of materials.
h.
Critical Impact Areas. Plans should include any area, condition or feature which is environmentally sensitive, or which, if disturbed during construction would adversely affect the environment. It must be shown how said adversity will be minimized pursuant to a plan approved by the Board.
1.
Critical impact areas include, but are not limited to, stream corridors, streams, wetlands, estuaries, slopes greater than fifteen (15%) percent, highly acid or highly erodible soils, areas of high water table, mature stands of native vegetation, and aquifer recharge and discharge areas.
2.
A statement of impact upon critical areas and of adverse impacts which cannot be avoided.
3.
Environmental protective measures, procedures and schedules to minimize damage to critical impact areas during and after construction.
4.
A list of all licenses, permits and other approvals required by municipal, County or State regulations and the status of each.
5.
A listing of all adverse environmental impacts, noting any irreversible damage that cannot be avoided.
6.
An assessment of the environmental impact of the project.
i.
Traffic and Circulation. It must be shown that public traffic arteries have adequate capacities to accommodate the traffic to be generated by the proposed project at an acceptable level of service and that safe, convenient and adequate circulation and parking is provided for the sites.
1.
Existing twenty-four (24)-hour and peak hour traffic volumes on all critical streets affected, by count taken within twelve (12) months preceding the date of the application.
2.
Projected twenty-four (24)-hour and peak hour trip generation by the proposed project.
3.
Capacity analyses of critical streets affected.
4.
Accident data of critical streets affected.
5.
Speed and delay data of critical streets affected.
6.
Any off-site and/or off-tract improvements made necessary to avert traffic hazards and maintain acceptable level of service on public thoroughfares by traffic generated by the proposed project.
j.
Economic Analysis. It should be shown how the demands placed upon the municipal resources by the proposed development can be offset by anticipated revenues.
1.
Projected population increases resulting from the proposed development.
2.
Age and other characteristics of the projected population.
3.
Estimated demand upon municipal services such as educational facilities, police and fire protection, recreational facilities, garbage collection, municipal administration and the cost to the Borough of providing such services.
4.
Anticipated increase or deficit in municipal revenues as a result of the proposed project.
k.
Any and all other information and data necessary to meet any of the requirements of this chapter not listed above.
Notwithstanding the foregoing, the Board may at the request of the applicant, waive the requirement for an Impact Statement if sufficient evidence is submitted to support a conclusion that the proposed development will have slight or negligible development impact. Portions of such requirement may likewise be waived upon a finding that a complete report need not be prepared in order to evaluate adequately the impacts of the particular project.
§ 30-307.5 Action by the Borough.
a.
Except for the County Planning Board, all individuals, offices and agencies to which copies of the submission were forwarded shall submit their comments and recommendations to the Board in a timely fashion. The Board shall distribute a copy of any Development Impact Statement to the Environmental Commission for its review and may also distribute copies of the report to such other governmental bodies and consultants as it may deem appropriate. Any comments and advisory reports resulting from such review shall be submitted to the Board within thirty (30) days of the distribution of the Development Impact Statement to the Environmental Commission, other governmental body or consultants.
b.
Upon the certification of the completeness of an application for a site plan involving ten (10) acres of land or less, ten (10) dwelling units or less, or a subdivision containing ten (10) lots or less, the Planning Board shall grant or deny preliminary approval within forty-five (45) days of the date of such certification or within such further time as may be consented to in writing by the applicant. For a site plan involving more than ten (10) acres, or more than ten (10) dwelling units, or a subdivision containing more than ten (10) lots, or whenever an application includes a request for conditional use approval or for relief pursuant to subsection 30-301.1a of this chapter, the Planning Board shall grant or deny preliminary approval within ninety-five (95) days of the date of such certification or within such further time as may be consented to in writing by the applicant. Otherwise, the Planning Board shall be deemed to have granted preliminary approval.
c.
Upon the certification of the completeness of an application for a variance pursuant to N.J.S.A. 40:55D-70d involving a site plan, subdivision, and/or conditional use approval pursuant to subsection 30-301.2 of this chapter, the Zoning Board of Adjustment shall grant or deny preliminary approval within one hundred twenty (120) days of the date of such certification or within such further time as may be consented to in writing by the applicant. Should the applicant elect to submit a separate application requesting approval of the variance and a subsequent application requesting approval of the site plan, subdivision, and/or conditional use, the one hundred twenty (120) day period shall apply only to the application for approval of the variance and the time period for granting or denying the subsequent approval(s) shall be as otherwise provided in this chapter for approvals, by the Board.
d.
The recommendations of the County Planning Board and those of all other agencies and officials to whom the preliminary development plan is submitted for review shall be given careful consideration in the Board's decision on the application. If the County Planning Board or the Borough Engineer approves the preliminary submission, such approval shall be noted on the development plan. If the Board acts favorably on the preliminary development plan, the Chairman and the Secretary of the Board (or the acting Chairman and Secretary where either or both may be absent) shall affix their signatures to a reproducible of the Development Plan furnished by the applicant, with a notation that it has been approved. The applicant shall furnish nine (9) signed copies and the reproducible to the Board.
e.
Should minor revisions or additions to the development plan be deemed necessary, the Board may grant preliminary approval subject to specified conditions and the receipt of revised plans within thirty (30) days from said approval.
f.
If the Board, after consideration and discussion of the preliminary development plan, determines that it is unacceptable or that major revisions are required, a notation to that effect shall be made on the development plan by the Chairman of the Board (or acting Chairman in his absence) and the resolution memorializing such action shall set forth the reasons for rejection. One (1) copy of the resolution shall be returned to the applicant within seven (7) days of the date of decision. The Board shall reject the proposed project on an environmental basis only if it determines that the proposed project (a) will result in significant, long term harm to the natural environmental and/or (b) has not been designed with a view toward the protection of natural resources and/or (c) will result in an increase in on-tract or off-tract adverse impacts.
§ 30-307.6 Findings on the Application for Preliminary Approval.
The memorialization of the granting or denial of preliminary approval by written resolution shall include not only conclusions but also findings of fact related to the specific proposal, and shall set forth the reasons for the grant, with or without conditions, or for the denial.
§ 30-307.7 Effect of Preliminary Approval.
[Ord. No. 20-1993]
Preliminary approval shall confer upon the applicant rights for a three (3) year period from the date of the preliminary approval in accordance with N.J.S.A. 40:55D-1 et seq.
§ 30-307.8 Distribution of Preliminary Development Plan.
The Secretary to the Board shall forward one (1) copy to each of the following within ten (10) days of the date of decision:
Municipal Clerk |
Engineer |
Construction Official |
Tax Assessor |
County Planning Board |
Planning Board File |
Fire |
§ 30-308.1 Developer's Agreement.
Prior to any construction, there shall be an agreement entered into between the developer and the Borough of Roseland incorporating all of the terms and conditions of approval imposed by the Board and such other terms as may be applicable.
§ 30-308.2 Inspection Fees.
The developer shall deposit with the Borough fees for engineering inspection of the construction and installation of all improvements required by the Board and based upon the cost of such improvements, as determined by the Borough Engineer, all fees to be in accordance with Article VII of this chapter.
§ 30-308.3 Installation of Improvements Prior to Final Approval of a Subdivision.
Prior to the filing of an application for final subdivision or site plan approval, the applicant shall have installed the improvements required by Section 30-309 under the supervision and inspection of the Borough Engineer or posted the necessary performance guarantees in accordance with this section.
§ 30-308.4 Off-Tract Improvements.
Also prior to the filing of an application for final subdivision or site plan approval, the applicant shall, have paid or bonded his pro rata share of the cost of any off-tract improvements necessitated by his development as determined in accordance with the requirements of Section 30-310.
§ 30-308.5 Installations for Site Plans.
Prior to the filing of an application for final site plan approval, the applicant shall have installed any improvements as the Board may determine are necessary for health and safety prior to building construction; provided, however, that the Board may accept performance guarantees for the later installation of all other improvements.
§ 30-308.6 Performance Guarantee.
[Ord. No. 20-1993]
The performance guarantee for the installation of improvements shall be fixed by the Board within a range of the cost of said improvements as estimated by the Borough Engineer and one hundred twenty (120%) percent thereof. Ten (10%) percent of the performance guarantee shall be in the form of cash or a certified check made payable to the Borough of Roseland with the balance in a form to be approved by the Borough. Performance guarantees shall conform with the requirements of N.J.S.A. 40:55D-1 et seq.
§ 30-308.7 Time of Guarantee.
The performance guarantee shall run for a term not less than the time allowed for completion by Board approval but in no event less than eighteen (18) months from the date of final approval. With the consent of the principal, the performance guarantee may be extended by the Borough Council upon recommendation by the Board by resolution for an additional period.
§ 30-308.8 Reduction of Performance Guarantee.
The Board may, upon application by the developer or subdivider, recommend to the Borough Council the reduction of the amount of the performance guarantee upon certification in writing by the Borough Engineer that certain portions of the required improvements and conditions of the Board have been properly completed and upon posting of proper guarantees and maintenance bonds, provided that the remaining performance guarantee, maintenance bonds and deposit money are adequate to insure the completion of the remaining improvements.
§ 30-308.9 Completion of Improvements.
[New]
If the required improvements are not completed or corrected within one (1) year of preliminary approval in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the Borough for the reasonable cost of the improvements not completed or corrected, and the Borough may either prior to or after the receipt of the proceeds thereof complete such improvements.
§ 30-308.10 Notification of Completion of Improvements, Approval or Rejection.
Notification of Completion of Improvements, Approval or Rejection shall conform with the requirements of N.J.S.A. 40:55D-1 et seq.
§ 30-308.11 Notification of Borough Engineer.
At least two (2) weeks prior to the start of construction the applicant shall notify the Borough Engineer in writing with a copy to the Borough Clerk of the date when construction and installation of the required improvements will begin so that a pre-construction conference can be held and so that inspections may be conducted from time to time by the Borough Engineer. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Borough for such utilities or improvements.
§ 30-308.12 Maintenance Guarantee
Upon completion of all improvements and prior to release of the performance guarantee, the applicant shall file a maintenance guarantee bond amounting to fifteen (15%) percent of the cost of all improvements to guarantee that the completed improvements will be maintained for a stated period not to exceed two (2) years after final acceptance in applicable requirements. The Borough Engineer and the Board shall review the maintenance guarantee bond; it shall be reviewed by the Borough Attorney as to sufficiency of form and execution and approved by the Borough Council.
The Borough Council shall not accept any road or other improvement into the municipal system until the maintenance period expires or after the deficiencies are repaired and then only if it is the same condition as when certified.
§ 30-309.1 On-Tract Installation for Residential Subdivision and Site Plan.
On-site installation for residential subdivision and site plan shall be governed by the Residential Site Improvement Standards.
§ 30-309.2 On-Tract Installation for Nonresidential Subdivisions.
Prior to the granting of final approval, the applicant shall have installed or furnished performance guarantees for the ultimate installation of the improvements described below. All improvements shall be subject to inspection and approval by the Borough Engineer, who shall be notified by the developer at least two (2) weeks prior to the start of construction of any improvement in accordance with the provisions of Chapter XIX, Streets and Sidewalks, of the Revised General Ordinances of the Borough of Roseland. No underground installation shall be covered until inspected and approved.
a.
Streets and Pavements. The subdivider shall design and construct streets and pavements meeting the minimum specifications as set forth in the Chapter XIX, Streets and Sidewalks, of the Revised General Ordinances or such other specifications as may be required by the Borough Engineer where special circumstances so require.
b.
Curbs and Sidewalks. The subdivider shall construct curbs and sidewalks, when required by the Board, in accordance with Chapter XIX, Streets and Sidewalks, of the Revised General Ordinances or such specifications as may be required by the Borough Engineer where special circumstances so require.
c.
Storm Drains and Culverts. All streets shall be provided with sufficient catch basins, storm sewers, culverts, water detention basins and other drainage appurtenances for the proper drainage of the area in the light of existing and future conditions. All such facilities shall be constructed in accordance with the standards and requirements set for in the Chapter XIX, Streets and Sidewalks or such other specifications as may be required by the Borough Engineer where special circumstances so require. Storm drainage features shall be based on a fifteen (15) year frequency curve, or greater if required by the Borough Engineer.
d.
Monuments. Monuments shall be of the size and shape required by Revised Statutes of New Jersey 46:29-94 and shall be placed in accordance with said Statute.
e.
Street Name Signs. Street name signs shall be placed at all street intersections within the subdivision or site. Such signs shall be of a type approved by the Borough of Roseland and shall be placed in accordance with the standards of the Borough of Roseland. No street shall have a name which will duplicate or so nearly duplicate as to be confused with the name of existing streets. The continuation of an existing street shall have the same name.
f.
Street Lighting. The subdivider or developer shall be responsible for the installation of street and other outdoor lighting facilities as approved by the Board and in accordance with any applicable standards of the Borough of Roseland.
g.
Topsoil Protection. Topsoil which shall be removed in the course of regrading a subdivision or site shall not be used as fill or removed from the subdivision area or site. Such topsoil shall be redistributed as to provide at least six (6) inches of cover on areas to be used as building sites from which topsoil was removed and shall be stabilized by seeding or planting.
h.
Shade Trees. Shade trees shall be located within the street right-of-way in such a manner as not to interfere with utilities or sidewalks and shall be one of a type and species as approved by the Board. Said shade trees shall be spaced a maximum of fifty (50) feet apart and there shall be at least two (2) shade trees installed in front of each lot unless waived by the Planning Board where trees already exist. Existing trees shall be preserved as directed in accordance with the provisions of Chapter XIX and Chapter XXI of the Revised General Ordinances, as well as all other applicable regulations and Board conditions.
i.
Sanitary Sewers.
1.
Where a public sanitary sewer is reasonably accessible and capacity available, each lot within a subdivision area shall be provided with sewage disposal facilities by the required extension of sewer mains and connections thereto, the costs thereof to be borne by the subdivider. All such installation of sewer mains and connections shall be constructed in accordance with the specifications and requirements Chapter XVII and Chapter XIX of the Revised General Ordinances, as well as all other applicable regulations and Board conditions, and shall be subject to the approval of the Borough Engineer.
2.
Where a public sanitary sewer system is not reasonably accessible, the subdivider may be required to install sewer lines and a sanitary sewer disposal plant at its own cost and expense and in accordance with the specifications and requirements of the Revised General Ordinances as well as all other applicable regulations and Board conditions and all such installations shall be subject to the approval of the Board of Health, the State Department of Environmental Protection, and the Borough Engineer.
3.
Where a public sanitary sewer is not reasonably accessible and where installation of sewer lines and a sanitary sewer disposal plant is not required, in accordance with paragraph i2 above, the subdivider may be required by the Board to install within the subdivision a complete dry sewer pipe system including provision for connection thereto at each lot provided there is reliable information to indicate that connection of the development to a public sanitary sewerage system can be anticipated within a reasonable period of time. The Board may also require the installation of house sewer service connections to the curb line at which point the same shall be capped.
j.
Water Supply. When in the opinion of the Board a public water supply system is accessible for the subdivision, each lot within the subdivision shall be provided with water supplied by the water supply system. All facilities for the system shall be installed pursuant to and in accordance with the provisions of all ordinances pertaining thereto, and the Borough Code, under the supervision of the Borough Engineer.
1.
In the event that a public water supply system is not available to supply the proposed subdivision, the Planning Board may require construction of a private water supply system in such manner that an adequate supply of potable water will be available to each lot within the subdivision at the time improvements are erected thereon so that such system can be incorporated within the public supply system when and if it shall become available. The water treatment and distribution system shall be constructed and installed in conformity with applicable ordinances of the Borough of Roseland subject to the approval of the Borough Engineer. The adequacy, healthfulness and potability of the private water supply system shall be subject to the approval of the Borough Board of Health and the State Department of Environmental Protection, when such approval is required. The developer shall file with the Borough a map of said water supply and distribution system adequately locating the same.
2.
All water systems shall be installed in such manner as to insure adequate pressures and quantities and ample flows for hydrants.
k.
Fire Hydrants. Fire hydrants shall be installed in all subdivisions. Fire hydrants shall be of the type approved by the Borough of Roseland in accordance with the recommendations of the Fire Insurance Rating Organization of New Jersey, and shall be placed and installed in accordance with the standards of the Borough of Roseland Code. Such installation shall be subject to the inspection and approval of the Borough Engineer.
l.
Electric, Telephone and Cable T.V. Service. Except as otherwise provided in the regulations of the Board of Public Utility Commissioners, in all major subdivisions electric, telephone and cable antenna television facilities shall be installed underground and, where applicable, in accordance with the latest requirements of the Board. Arrangements for such underground installation shall be made with the appropriate utility companies.
m.
Easements. Easements of a width sufficient to allow proper maintenance shall be provided for the installation of all drains, storm drains, pipe lines, gas mains, etc. The easements shall be dedicated to the municipality by approved legal procedure.
§ 30-309.3 On-Tract Installations for Nonresidential Site Plans.
Prior to the granting of final approval, the applicant shall have installed or furnished performance guarantees as set forth in subsection 30-308.3 for the ultimate installation of any required public on-tract improvements as the same are described in subsection 30-309.2. In addition, the Board may require the installation of on-site improvements, as described in subsection 30-309.4, prior to the granting of final approval and which it finds necessary before the issuance of a construction permit. All such improvements shall be subject to approval and inspection of the Borough Engineer as provided in Section 30-309.2.
§ 30-309.4 On-Site Installations for Nonresidential Site Plans.
[Amended 12-15-2020 by Ord. No. 25-2020]
a.
Pavement. All parking and loading areas, entrance and exit driveways and all road and access drives shall be paved and constructed in accordance with Article V of this chapter.
b.
Storm Drainage. All sites shall be drained and graded so as to control surface runoff efficiently. Storm drainage shall be connected to existing facilities whenever possible. Surface waters exceeding a quantity of 5 c.f.s. must be collected into storm drains and not be allowed to run on the surface, unless a specific alternate design is approved by the Borough Engineer. Storm drain collection system design is to be based on a 25-year storm. Detention or retention facilities may be required by the Borough in cases where existing systems lack capacity or where needed to protect downstream properties.
c.
Traffic Stripes. Parking spaces, pedestrian walkways and entrance and exit driveways shall be painted on the finished pavement in traffic paint.
d.
Curbing. All paved areas shall be bounded by curbing of the type required by the Board in accordance with Chapter XIX, Streets and Sidewalks of the Borough Code.
e.
Sidewalks. Sidewalks shall be constructed where required in accordance with Chapter XIX, Streets and Sidewalks, of the Borough Code.
f.
Screening. All off-street parking and loading areas shall be effectively screened on any side which adjoins or faces premises situated in any residential zones, by a fence or wall not less than four (4) nor more than six (6) feet in height, maintained in good condition provided, however, that a screening or hedge or other natural landscaping may be substituted for the required fence or wall if approved by the Board. The fence as required by this paragraph be waived by the Board if, in the Board's judgment, because of topographic or other unusual conditions, said fence is not necessary to screen adjoining residential property. Where parking is located in a front yard the Board may require construction of landscaped berms up to a height of five (5) feet with slopes at a ratio of not less than 2:1.
g.
Lighting. Adequate lighting in accordance with this chapter shall be provided for parking lots and shall be designed so as to eliminate glare onto nearby residences.
h.
Landscaping. All portions of the property not used for off-street parking shall be attractively landscaped with grass lawns, trees and shrubs as approved by the Board. Shade trees shall be installed within the street right-of-way in accordance with requirements of the Borough Engineer.
i.
Utilities. All uses shall be provided with adequate water supply and sanitary disposal facilities, all in accordance with applicable local and State requirements.
j.
Other Construction Devices. The Board may require items of construction such as retaining walls, guard rails, safety fencing, traffic barricades, or other devices necessary in the interest of public safety and convenience.
§ 30-310 OFF-TRACT IMPROVEMENTS.
As a condition of preliminary approval and prior to any construction and to the filing of an application for final approval of a subdivision or site plan, the applicant, shall have made cash payments in the manner provided below with respect to the installation of any required off-tract improvements.
§ 30-310.1 Allocation of Costs; Criteria in Determining Allocation.
The allocation of costs for off-tract improvements as between the applicant, other property owners and the Borough, or any one (1) or more of the foregoing, shall be determined by the Board, with the assistance of the appropriate Borough agencies, on the basis of the total cost of the off-tract improvements, the increase in market values of the property affected and any other benefits conferred, the needs created by the application, population and land use projections for the general area of the applicant's property and other areas to be served by the off-tract improvements, the estimated time of construction of the off-site improvements, and the condition and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40A:2-22. Requirements for off-tract improvements shall be consistent with N.J.S.A. 40D:55-42. In addition, the following criteria may also be considered, as well as any other reasonable criteria:
a.
Street, curb, sidewalk, shade trees, street lights, street signs and traffic light improvements may also be based upon the anticipated increase of traffic generated by the application. In determining such traffic increase, the Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and other factors related to the need created by the application and the anticipated benefit thereto.
b.
Drainage facilities may also be based upon or be determined by the drainage created by or affected by a particular land use, considering:
1.
The percentage relationship between the acreage of the application and the acreage of the total drainage basin.
2.
The use of a particular site and the amount of area to be covered by impervious surfaces on the site itself.
3.
The use, condition or status of the remaining area in the drainage basin.
c.
Water supply and distribution facilities may be also based upon the added facilities required by the total anticipated water use requirements of the property of the applicant and other properties in the general area benefiting therefrom.
d.
Sanitary sewerage facilities may be based upon the proportion that the total anticipated volume of sewage effluent of the applicant's property and other properties connected to the new facility bears to the existing capacity of existing sewerage facilities, including but not limited to lines and other appurtenances leading to and servicing the applicant's property. Consideration may also be given to the types of effluent and particular problems requiring special equipment or added costs permitted to be connected to existing sewer facilities, the applicant shall pay a charge or be assessed in accordance with the law.
§ 30-310.2 Determination of Cost of Improvements.
The cost of installation of the required off-tract improvements shall be determined by the Board with the advice of the Borough Engineer and appropriate Borough agencies.
§ 30-310.3 Amount of Contribution.
When the cost of construction has been determined, the applicant may be required to provide a cash deposit to the Borough of one (1) of the following amounts:
a.
If the improvement is to be constructed by the Borough as a general improvement, an amount equal to the difference between the estimated cost of the improvement and the estimated total amount, if less, by which all properties to be serviced thereby, including the subject property, will be specifically benefited by the off-tract improvement.
b.
If the improvement is to be constructed by the Borough as a local improvement, then in addition to the amount referred to in paragraph a. the estimated amount by which the subject property will be specifically benefited by the off-tract improvement.
§ 30-310.4 Payment of Allocated Cost.
a.
The estimated costs of the off-tract improvement allocated to the applicant if deposited in cash, shall be paid by the applicant to the Borough Clerk who shall provide a suitable depository therefor, and such funds shall be used only for the off-tract improvements for which they are deposited or improvements serving the same purpose, unless such improvements are not initiated by the Borough within a period of ten (10) years from the date of payment, after which time said funds so deposited shall be returned together with accumulated interest or other income thereon, if any.
b.
In the event the payment by the applicant to the Borough Clerk provided for herein is less than its share of the actual cost of the off-tract improvements then it shall be required to pay its appropriate share of the cost thereof.
c.
In the event the payment by the applicant to the Borough Clerk provided for above is more than its appropriate share of the actual cost of installation of the off-tract improvements, it or its successor or assigns, shall be repaid an amount equal to the difference between the deposit and its share of the actual cost.
§ 30-311 SUBMISSION OF FINAL DEVELOPMENT PLANS.
A final submission is required of all development plans approved at the preliminary submission stage.
§ 30-311.1 Procedure for Submitting Final Plats and Final Plans.
a.
Within three (3) years after the date of preliminary approval, the applicant shall submit to the Secretary to the Board which granted preliminary approval, eighteen (18) copies of the final plat or final plan, eighteen (18) copies of the completed application, eighteen (18) copies of the completed application checklist, eighteen (18) copies of any protective covenants or deed restriction applying to the lands being subdivided or developed, and the fee.
b.
The Secretary to the Board shall process the application and certify the application as complete or notify the applicant in writing of any deficiencies within forty-five (45) days of the submission. If the application has been found to be complete, the Secretary to the Board shall forward it to the Board and the applicant shall forward four (4) copies of the submission to the County Planning Board for review and action. If the application has been found to be incomplete, it shall be returned to the applicant who may submit an appropriately revised application as in the first instance.
c.
At the direction of the Board, additional copies of the submission may be forwarded to other individuals, offices and agencies for information, review and comment.
§ 30-311.2 Details Required for Final Plats and Final Plans.
a.
All details stipulated in subsection 30-307.3 of this chapter except those which were specifically waived by the Board at the time of the preliminary submission.
b.
All additional details required at the time of preliminary approval and/or set forth as a requirement for final approval in the resolution memorializing the preliminary approval.
c.
Detailed architectural and engineering data including:
1.
An architect's rendering of each building and sign, or of a typical building and sign, showing front, side and rear elevations.
2.
Final cross sections, profiles and established grades of all streets, aisles, lanes and driveways and construction documents (plans and specifications or reference to specifications).
3.
Final plans and profiles of all storm and sanitary sewers and water mains.
4.
All dimensions of the exterior boundaries of any subdivision, balanced and closed to a precision of one (1) to ten thousand (10,000) and the dimensions of all lot lines to within one (1) to twenty thousand (20,000). All dimensions, angles and bearings must be tied to at least two (2) permanent monuments not less than three hundred (300) feet apart and all information shall be indicated on the plat. At least one (1) corner of the subdivision shall be tied to U.S.C. and G.S. benchmarks with data on the plat as to how the bearings were determined.
5.
Four (4) copies of "as built" drawings for utilities and site improvements on the portions of the project completed under preliminary approval.
d.
The final submission shall be accompanied by the following documents:
1.
A Final Application Comparison Report. This report shall define the development plan for the phase being submitted for approval and include the following, stating any differences between the final development plan and the development plan receiving preliminary approval:
(a)
The total number of dwelling units to be constructed.
(b)
The number by type of dwelling units to be constructed.
(c)
The amount of square feet of nonresidential uses to be constructed.
(d)
The number by type of community facilities and/or structures to be constructed.
(e)
The amount of open space to be preserved.
(f)
The nature and cost of public improvements to be provided.
(g)
The anticipated value of residential and nonresidential construction.
2.
Organization Documents. These documents shall include, if applicable:
(a)
Articles of incorporation for any homeowner's association, condominium association or other organization to maintain the common open space or community facilities.
(b)
Bylaws and membership rules and regulations of any such organization, defining its rights, duties, and responsibilities.
(c)
A copy of the master deed detailing the rights and privileges of individual owners of common property.
(d)
A copy of all materials submitted to the Department of Community Affairs as required by the New Jersey Planned Real Estate Development Full Disclosure Act - Regulations and evidence of the status of acceptance of and/or approval by the Department of Community Affairs. Review by the Board of these materials shall be for informational purposes only and is not intended to imply approval or acceptance, which shall be the full responsibility of the State of New Jersey.
(e)
Final approval may be conditioned upon submission of items d2(a) through d2(d) above for review and comment by the Board or, if items d2(a) through d2(c) above are to be used as a guarantee for the maintenance of common elements, final approval may be conditioned upon approval of the applicable portions of these documents by the Board.
(f)
Covenants or easements restricting the use of the common open space or elements.
(g)
Covenants or agreements requiring homeowners or residents to pay the organization for the maintenance of the common open space and/or community facilities. This shall include a proposed schedule of membership fees for at least the first three (3) years of operation.
(h)
The purpose of any easement on land reserved or dedicated to public use shall be designated and the proposed use of sites other than residential shall be noted.
3.
Other Covenants and Easements. These documents shall include any easements or covenants affecting any land in the development.
4.
Maintenance Agreements. If there is to be no homeowners association, condominium association, open space organization, or similar arrangement for the maintenance of common facilities, the developer shall furnish an agreement under which private roads and other facilities will be maintained, refuse collected and other supplementary services provided, and the same shall be submitted to and approved by the Board.
5.
Offer of Dedication. Any offer of dedication shall include all legal requirements for valid dedication to the Borough or, where appropriate, to another governmental body, of roads, open spaces or other improvements intended for public ownership.
6.
Performance Guarantee. Unless improvements are completed prior to final approval, a performance guarantee shall be posted in the amount and in the form required by the Borough.
7.
Certification of Taxes Paid. Certification from the Tax Collector that all taxes are paid to date.
8.
Certification of Ownership. Certification that the applicant is the owner of the land or the owner's authorized agent, or that the owner has given consent under an option agreement.
9.
Certification of Fees Paid. Certification from the Secretary to the Board that all fees required at the time of filing have been paid.
10.
Request of Receipt for Map. A copy of a letter to the Borough Engineer requesting a statement that he is in receipt of a map showing all utilities with locations and elevations; that he has examined the drainage plan and found that the interests of the Borough and of neighboring properties are adequately protected; and that he has identified those portions of any utilities already installed and those to be installed. The applicant shall certify in writing to the Board that he has:
11.
Request of Improvement Inspection Approval. A copy of a letter to the Borough Engineer requesting a statement that all improvements installed prior to application for final approval have been inspected, and that such improvements meet the requirements of the Borough. Any improvements installed prior to application for final approval that do not meet or exceed Borough standards shall be factored into the required performance guarantee.
§ 30-311.3 Action by the Borough.
[Ord. No. 20-1993]
a.
Except for the County Planning Board, all individuals, offices and agencies to which copies of the submission were forwarded shall submit their comments and recommendations to the Board within fifteen (15) working days of their receipt of the submission.
b.
Upon the certification by the Secretary to the Board of the completeness of an application for final approval, the Board shall grant or deny final approval within forty-five (45) days of the date of such certification or within such further time as agreed to in writing by the applicant. In such case, the Secretary to the Board shall certify the submission date of the complete application and the failure of the Board to act within the specified time period, and this certification shall be sufficient in lieu of formal action by the Board.
c.
If the Board acts favorably on the final submission, the Chairman and the Secretary to the Board (or the acting Chairman and Secretary where either or both may be absent) shall affix their signatures to a reproducible copy of the development plan with a notation that it has been approved. The applicant shall furnish such reproducible copy to the Board for signing. In the case of final subdivisions only, the applicant shall also include at least two (2) mylar copies of the approved development plan.
d.
In the case of a subdivision, within ninety-five (95) days of the date of signing the plat the developer shall file a copy of the approved final development plan or record a copy of the subdivision deed with the County Registrar. In the event of a failure to file within said ninety-five (95) days, the approval of the subdivision shall expire and further proceedings shall require the filing of a new development plan as in the first instance. The Board, for good cause shown, may extend the time for filing for an additional one hundred ninety (190) days.
The Board may extend the ninety-five (95) day or one hundred ninety (190) day period if the developer proves to the reasonable satisfaction of the Board that (1) the developer was prevented from filing because of delays in obtaining other required governmental approvals and (2) he applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the delay caused by the wait for the required approvals. The developer may apply for an extension either before or after the original expiration date.
e.
If the Board, after consideration and discussion of the final submission, determines that it is unacceptable, a notation shall be made by the Chairman of the Board (or acting Chairman in his absence) to that effect on the development plan and the resolution of memorializing shall set forth the reasons for such rejection. The resolution shall be returned to the applicant within seven (7) days of the date of decision.
f.
Any final approval shall be conditional on the submission of "as built" drawings for those portions of a development completed under preliminary approval.
§ 30-311.4 Effect of Final Approval.
Final approval of a development plan shall confer upon the applicant the following rights for a two (2) year period 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 protection for periods of one (1) year each, not exceeding three (3) such extensions.
c.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to subsection 30-307.8a, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final approval; provided that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in subsection 30-311.3d. If the developer has followed the standards prescribed for final approval, and, in the case of a subdivision, has duly recorded the plat as required in subsection 30-311.3d, the Board may extend such period of protection for extensions of one (1) year, but not to exceed three (3) such extensions. Notwithstanding any other provisions of this chapter the granting of final approval terminates the time period of preliminary approval pursuant to subsection 30-307.8a for the section granted final approval.
d.
Whenever the Board grants an extension of final approval pursuant to paragraphs a. and b. above, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after the expiration date.
e.
The Board shall grant an extension of the approval, not to exceed one (1) year from the date of expiration, if the developer proves to the reasonable satisfaction of the Board, that he was prevented from proceeding because of delays in obtaining other required governmental approvals, for which he applied promptly and diligently pursued. A developer shall apply for this extension either before the expiration date of the approval or before the ninety-first (91st) day after the day on which he received the last of the required approvals, whichever occurs later.
§ 30-311.5 Distribution of Final Development Plan.
[Ord. No. 20-1993]
After approval of the final plat or plan by the Board, copies of the signed plat or plan shall be furnished by the Secretary to the Board to each of the following within ten (10) days from the date of decision:
Municipal Clerk (1)
Construction Official (1)
Municipal Engineer (1)
Tax Assessor (1)
County Planning Board (1)
Board File (2)
Public Works Department (1)
Such other municipal, County or State agencies or officials as directed by the Board.