Waldwick City Zoning Code
ARTICLE VIII
Subdivision of Land
§ 97-62 Administrative Agency.
The provisions of Article VIII shall be administered by the Waldwick Planning Board with R.S. 40:55-1.14 (Section 14 of Chapter 433 of the Laws of 1953), as amended and supplemented.
§ 97-63.1 Definitions.
For the purpose of this article, certain terms are herewith defined:
The lands required for the installation of storm-water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the Revised Statutes.
The final map of all or a portion of the "subdivision" which is presented to the Planning Board for final approval in accordance with these regulations, and which, if approved, shall be filed with the Clerk of the County of Bergen for recording in accordance with law.
A parcel or portion of land separated from other parcels or portions by description as on a subdivision or record-of-survey map or by metes and bounds for purposes of sale, lease or separate use.
[Amended 3-24-55 by Ord. No. 3-55]
All "subdivisions" not classified as "minor subdivisions."
A composite of the mapped and written proposals recommending the physical development of the Borough, heretofore adopted or as the same may hereafter be amended or supplemented.
Means a subdivision of land for the creation of no more than three lots; provided that such subdivision does not involve (1) a planned development, (2) any new street or (3) the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
Means a map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 to 36. Such a map shall be deemed to be conclusive with respect to the location and width of the "streets," public parks and playgrounds and "drainage right-of-way" shown thereon.
Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under this ordinance.
Any security which may be accepted in lieu of a requirement that certain improvements be made before the Planning Board or other approving body approves a "plat," including performance bonds, escrow agreements and other similar collateral or surety agreements.
Means the map of a "subdivision".
The preliminary map indicating the proposed layout of the "subdivision" which is submitted to the Borough Clerk for Planning Board consideration and tentative approval and meeting the requirements of § 97-65 of this ordinance.
Any street, avenue, boulevard, road, land parkway, viaduct, crescent, alley or other way which is an existing State, County or municipal roadway, or a street or way shown upon a "plat" heretofore approved pursuant to law or approved by official action, or a street or way on a "plat" duly filed and recorded in the office of the Clerk of the County of Bergen prior to the appointment of a Planning Board and the grant to such Board of the power to review "plats", and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines or present right-of-way.
Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this ordinance to effect a "subdivision" of land thereunder for himself or another.
The division of a "lot", tract or parcel of land into two (2) or more "lots", sites or other divisions of land for the purpose, whether immediate or future, of sale or building development; except that the following divisions shall not be considered "subdivisions", provided, however, that no new "streets" or roads are involved; divisions of land for agricultural purposes where the resulting parcels are five (5) acres or larger in size; divisions of property by testamentary or intestate provisions, division of property by court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument; and the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision", and where appropriate to the context, relates to the process of subdividing or to the lands or territory divided.
A committee of at least three (3) Planning Board members appointed by the Chairman of the Board for the purpose of classifying "subdivisions" in accordance with the provisions of this ordinance, and such other duties relating to the land "subdivision" which may be conferred on this Committee by the Board.
§ 97-64.1 Concept plans for minor and major subdivisions.
A.
Any applicant may be placed on the agenda of a regular meeting of the Planning Board for discussion on an informally prepared plat. The purpose will be to review concepts to assist the applicant in the preparation of subsequent plans. Other than classification, no decisions will be made, no hearings held, and no formal action taken on an informal plat.
B.
The developer shall file with the administrative officer at least fourteen (14) days prior to the meeting of the Planning Board, fourteen (14) copies of the informal plat, a narrative description of the proposal by the developer, and the applicable fee and escrow amounts. In accordance with the Municipal Land Use Law, the fee charged for informal review shall be credited toward the fee for preliminary review at the time of preliminary submission.
C.
The Planning Board shall hear the application at a public meeting and, if appropriate, shall determine whether the application is to be classified as a major or minor development and shall render such additional advice as to the approvals or variances required as a part of the review process. Discussion on the substantive aspects of the application shall not be binding on either the applicant or the approving authority.
§ 97-64.2 Preliminary plats of major subdivisions.
All applications for preliminary major subdivision approval shall comply with the requirements of the relevant checklists for development applications and the regulations of Article 6 of New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-37 through 58.
§ 97-64.3 Improvements or guaranties required prior to final approval, proof of nondelinquency of taxes for local improvements.
[Amended 9-11-73 by Ord. No. 17-73]
A.
Before consideration of a final subdivision plat, the subdivider will have installed the improvements required by this ordinance or the Planning Board shall require the posting of an adequate performance guaranty, of which ten (10) percent shall be cash unless waived by the Planning Board, to assure the installation of the required improvements.
[Amended 3-23-93 by Ord. No. 3- 93]
B.
No building permits shall be issued until final approval by the Planning Board.
C.
As a condition for local Planning Board approval of any subdivision within the municipality, the applicant for such subdivision must submit proof that no taxes or assessments are due or delinquent on property for which any such sub-division application is made.
§ 97-64.4 Final plats of major subdivisions.
A.
All applications for final major subdivision approval shall comply with the requirements of the relevant checklists for development applications and the regulations of Article 6 of New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-37 through 58.
B.
The final plat shall be accompanied by a statement by the Borough Engineer that he is in receipt of a map showing all utilities in exact location and elevation, identifying those portions already installed and those to be installed, and that the subdivider has complied with one (1) or more of the following:
1.
All improvements have been installed in accordance with the requirements of these regulations.
2.
A performance guaranty has been posted with the Borough Clerk in sufficient amount as determined by the Borough Engineer to assure the completion of all required improvements.
3.
A contract shall be entered into between the developer or subdivider and the Borough of Waldwick. Said contract shall detail specifically all items of public improvements to be performed, the amount of bonds to be furnished and all other items as agreed and stipulated between the developer and sub-divider and the Planning Board of the Borough of Waldwick. Said contract shall be prepared by the Planning Board Attorney and reviewed and signed off by the Borough Attorney.
[Added 3-24-55 by Ord. No. 3-55]
§ 97-64.5 Schedule of fees and deposits.
[Amended 5-23-96 by Ord. No. 5-96]
See § 48:56A-27.
§ 97-65.1 Concept plan for minor subdivisions.
The sketch plat for concept plan review shall be based on tax map information or some other similarly accurate base, at a scale (not less than fifty (50) feet to the inch) to enable the entire tract to be shown on one (1) sheet, and shall show or include the following information:
A.
The location of that portion which is to be subdivided in relation to the entire tract.
B.
All existing structures and wooded areas on the plat.
C.
The name of the owner of all adjoining property as disclosed by the most recent tax records.
D.
The tax map sheet, block and lot numbers.
E.
Name, license number, signature, seal and address of the land surveyor or engineer who prepared the plat.
§ 97-65.2 Concept plan for major subdivisions.
The sketch plat for concept plan review shall be based on tax map information or some other similarly accurate base, at a scale (not less than one hundred (100) feet to the inch) to enable the entire tract to be shown on one (1) sheet, and shall show or include the following information:
A.
The location of that portion which is to be subdivided in relation to the entire tract.
B.
All existing structures within the portion to be subdivided and within two hundred (200) feet thereof.
C.
The name of the owners and of all adjoining property owners as disclosed by the most recent tax records.
D.
The tax map sheet, block and lot numbers.
§ 97-65.3 Preliminary subdivision plats.
The plat shall be designed in compliance with the provisions of § 97-67 of this ordinance and shall show or be accompanied by the following information:
A.
Scale. The plat plan shall be drawn accurately to scale. The minimum scale shall be not less than one hundred (100) feet to the inch.
C.
Acreage. Acreage of tract to be subdivided to the nearest tenth of an acre.
D.
Contours and profiles. Contours to be shown at two-foot intervals for the entire property, based on mean sea level (U.S.G.S.) and not on assumed datum, together with sufficient additional data on elevations at low points and along watercourses. In areas where surface slopes exceed eight percent (8%) contours at five-foot intervals may be acceptable for the preliminary plat. Contours shall be provided to determine the general slope and natural drainage of the land and the high and low points and tentative cross sections and centerline profiles for all proposed new streets.
E.
Property lines. The location of existing and proposed property lines, streets, buildings, railroads, bridges, culverts, drainpipes, physical features such as watercourses, brooks, drains, dry runs, springs, water holes, poorly drained or swampy areas and rock outcrops on the tract or on adjacent land, and also outlines of wooded areas.
F.
Utilities. Plans of proposed utility layouts (sewers, storm drains, water, gas and electricity), showing feasible connections to existing or any proposed utility system. When an individual water supply or sewerage disposal system is proposed, the plan for such system must be approved by the appropriate local, County or State agency. When a public sewer disposal system is not available, the developer shall have percolation tests or test holes for every one thousand (1,000) square feet and submit the results with the preliminary plat. Any subdivision or part thereof which does not meet the established requirements shall not be approved. Any remedy proposed to overcome such a situation shall first be approved by the appropriate local, County or State health agency.
G.
Deed restrictions. A copy of any existing or proposed protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.
H.
Development plan. A map indicating the use of the lots within the subdivision.
§ 97-65.4 Final subdivision plats.
The final subdivision plat shall be drafted at a scale of not less than one (1) inch equals one hundred (100) feet and in compliance with all the provisions of Article 6 of New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-37 through 58. The final plat shall show or be accompanied by the following:
A.
Data. Date, name and location of the subdivision, name of the owner and the subdivider; graphic scale and reference meridian.
B.
Property lines. Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way; land to be reserved or dedicated to public use, all lot lines and other site lines; with accurate dimensions, bearings or deflections, angles, and radii, arcs and central angles of all curves.
C.
Use of land. The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites other than residential shall be noted.
D.
Block and lot numbers. Each block shall be numbered in conformance with the Tax Map of the Borough of Waldwick, and the lots within each block shall be numbered as approved by the Assessment Authority or Borough Engineer of the Borough of Waldwick.
E.
Setback lines. Minimum building setback line on all lots and other sites indicating the resulting building envelope.
F.
Monuments. Location and description of all monuments.
G.
Adjoining property ownership. Names and addresses of owners of adjoining land.
H.
Engineer's certification. Certification by engineer or surveyor as to accuracy of details of plat.
I.
Owner's certification. Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.
J.
Certification of other approvals. When approval of a plat is required by any officer or body of such a municipality, County or State, approval shall be certified on the plat.
K.
Street profiles. Cross sections and profiles of streets, approved by the Borough Engineer, shall be required to accompany the final plat.
L.
Grading plan. Grading plan showing existing and final contours at two-foot intervals for the entire property, based on mean sea level (U.S.G.S.) and not on assumed datum, together with sufficient additional data on elevations at low points and along watercourses. In areas where surface slopes exceed eight percent (8%), contours at five-foot intervals may be acceptable.
M.
Water and sewer profiles. Plans and profiles of storm and sanitary sewers and water mains.
§ 97-66.1 General provisions.
A.
Inspection. All of the following listed improvements shall be subject to inspection and approval by the Borough Engineer, who shall be notified by the developer at least seventy-two (72) hours prior to the start of construction. No underground installation shall be covered until inspected and approved. A deposit to cover the cost of inspection shall be filed as required in § 97-64.6 prior to the start of construction.
B.
Installation or performance guaranty.
(1)
No final plat shall be approved by the Planning Board until the completion of all such required improvements has been certified to the Planning Board by the Borough Engineer, unless the subdivision owner shall have filed with the Borough a performance guaranty sufficient in amount to cover the cost of all such improvements or uncompleted portions thereof, not to exceed one-hundred twenty percent (120%) of the cost of improvements as certified by the Borough Engineer, and assuring the installation of such incomplete improvements on or before an agreed date.
(2)
The performance guaranty shall be approved by the Borough Attorney as to form, sufficiency and execution. Such performance guaranty shall run for a period to be fixed by the Planning Board, but in no case for a term of more than two (2) years. However, with the consent of the owner and the surety, if there be one, the Borough Council may, by resolution, extend the term of such performance guaranty for an additional period not to exceed two (2) years. The amount of the performance guaranty may be reduced by the Borough Council, by resolution, when portions of the required improvements have been installed.
(3)
If the required improvements have not been installed in accordance with the performance guaranty, the obligor and surety shall be liable thereon to the Borough for the reasonable cost of the improvements not installed, and upon receipt of the proceeds thereof the Borough shall install such improvements.
C.
Maintenance bond. On completion of the improvements, the subdivider is to file with the Borough Clerk a maintenance bond, valid for a period of two (2) years, issued by a corporation surety in an amount to be established by the Borough Engineer, to indemnify the Borough against any loss occasioned by defective workmanship or materials used in construction of said work.
§ 97-66.2 Required improvements for all major subdivisions.
[Amended 3-24-55 by Ord. No. 3-55]
Prior to the granting of final approval of all major subdivisions within the Borough of Waldwick, the subdivider shall have installed or shall have furnished performance guaranties for the ultimate installation of the following:
A.
Pavement. The subdivider shall construct streets and pavement per the regulations of the Residential Site Improvement Standards (RSIS).
B.
Water. The subdivider shall make a supply of municipal water available to each lot within the subdivision. The subdivider shall provide for the installation and maintenance and operation of fire hydrants in locations approved by the Borough. Mains shall be laid according to Chapter 94, Water Supply and all specifications of the New Jersey Residential Site Improvement Standards (RSIS).
C.
Drainage. Adequate provision shall be made for water mains, culverts, storm sewers and sanitary sewers, and all such installations shall be properly connected with an approved system and shall be adequate to handle all present and probable future development in accordance with municipal regulations. All stormwater drainage shall meet the requirements of the State of New Jersey Stormwater Management Rules (N.J.A.C. 7:8) and the New Jersey Residential Site Improvement Standards (RSIS).
D.
Shade trees.
(1)
The subdivider shall provide street trees a minimum of three (3) feet from the sidewalk, the same not closer than fifty (50) feet from trunk to trunk, but at least two (2) such shade trees to be located within the frontage of each lot hereafter platted. The type of trees shall be recommended from the following:
white oak
black oak
scarlet oak
pin oak
red oak
sweet gum
sour gum
honey locust
London plane
(2)
Small or large-leaf lindens, poplar, elm, ash, soft maple or sycamore trees are not recommended.
E.
Streetlighting. The subdivider shall provide streetlighting facilities at its expense, including the costs of poles, fixtures and other improvements, unless waived by the Planning Board, and the standards for such lighting shall be approved by the Planning Board.
F.
Topsoil protection. No topsoil shall be used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six (6) inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting.
G.
Sidewalks. The subdivider shall construct all sidewalks to meet the regulations of the New Jersey Residential Site Improvement Standards (RSIS).
H.
Curbs. The subdivider shall construct concrete curbs on each side of the required pavement strip. Said curbs shall meet the specifications of the New Jersey Residential Site Improvement Standards (RSIS).
§ 97-67.1 Master Plan.
All subdivisions shall conform whenever possible to the proposals and conditions of the Master Plan where adopted.
§ 97-67.2 Streets.
All streets shall conform in widths, directions and alignments with the Official Map and Master Plan, and shall connect with streets shown thereon with the minimum of jogs and sharp angles. All streets shall comply with the requirements of the New Jersey Residential Site Improvement Standards (RSIS).
§ 97-67.3 Reserve strips.
No subdivision showing reserve strips controlling access to street shall be approved.
§ 97-67.4 Street grades.
All street grades shall comply with the requirements of the New Jersey Residential Site Improvement Standards (RSIS).
§ 97-67.5 Monuments.
To be of the size and shape required by Section 4 of Chapter 358 of the Laws of 1953, and shall be placed in accordance with said statute.
§ 97-67.6 Acute-angle intersections.
Street intersections shall be as nearly at right angles as is possible. All street intersections shall comply with the requirements of the New Jersey Residential Site Improvement Standards (RSIS).
§ 97-67.7 Street jogs.
Street jogs with center-line offsets of less than one hundred twenty-five (125) feet shall be prohibited.
§ 97-67.8 Reverse curves.
All reverse curves shall comply with the requirements of the New Jersey Residential Site Improvement Standards (RSIS).
§ 97-67.9 Dead-end streets.
[Amended 3-24-55 by Ord. No. 3-55]
Dead-end streets should not exceed nine hundred (900) feet in length. There should be a turnaround roadway with a minimum outside radius of fifty (50) feet at the closed end.
§ 97-67.10 Street names.
[Amended 6-21-2022 by Ord. No. 2022-18]
No name applied to any street shall duplicate or so nearly resemble the name of any existing street within the Borough as to cause confusion. In the case of a direct extension of an existing street, the same name shall be used unless the Mayor and Council shall otherwise direct. The Mayor and Council shall choose any street name, and preference shall be given to names of deceased veterans who lost their life during wartime.
§ 97-67.11 Block length.
No block should exceed one thousand (1,000) feet in length.
§ 97-67.12 Suitability.
[Amended 3-24-55 by Ord. No. 3-55]
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as rock formations, flood conditions or similar circumstances, the Planning Board may, after adequate investigation, withhold approval of such lots.
§ 97-67.13 Lots.
A.
Area. Lot dimensions and area shall not be less than the minimum lot size and area requirements of Chapter 97, the Borough of Waldwick Zoning, Land Use and Development Code.
B.
Lines. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.
C.
Street width. Each lot must front upon an approved street designed to the specifications of the New Jersey Residential Site Improvements Standards (RSIS).
§ 97-67.14 Sale or conveyance of land in unapproved subdivision.
No owner or agent of the owner shall sell, transfer or convey any lot or parcel of land which forms part of a subdivision by reference to, exhibition of or by use of a plan, chart or plat before the same has been approved and filed of record in the manner prescribed herein. The description of such lot or parcel by metes and bounds in the instrument of sale, transfer or conveyance shall not exempt the transaction from the provisions of this ordinance.
§ 97-67.15 Revision of plat after approval.
No changes, erasures, modifications or revisions shall be made in any plat after approval has been given by the Planning Board and endorsed in writing thereon, unless said plat is first resubmitted to the Planning Board for approval.
§ 97-67.16 Business and industrial subdivisions.
§ 97-67.17 Department of Environmental Protection approval.
Evidence must be furnished by subdivider that the New Jersey Department of Environmental Protection has given its approval on any structures or work to be done on any stream under its jurisdiction.
§ 97-67.18 Easement agreements.
Easement agreements shall be submitted to the Board covering all surface or subsurface structures for storm or sanitary sewers and other utilities through adjacent lands and off-site roads or other highways.
§ 97-67.19 Specifications and standards.
All construction on, in or under streets which it is proposed to dedicate to the Borough offices who may be appointed for that purpose, and shall be in accordance with Borough specifications and standards.
§ 97-67.20 Multifamily recycling area.
[Added 3-22-94 as Ord. No. 4-94]
There shall be included in any new multifamily housing development that requires subdivision approval an indoor or outdoor recycling area for the collection and storage of residential-generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the municipal recycling coordinator, and shall be consistent with the district recycling plan adopted pursuant to section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable requirements of the municipal master plan, adopted pursuant to section 26 of P.L. 1987, c. 102.
A.
As used in this article:
1.
"Multifamily housing development" means a building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings;
2.
"Recycling area" means space allocated for collection and storage of source separated recyclable materials.
B.
The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.
C.
The recycling area shall be well lit, and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.
D.
The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.
E.
Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points or access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.
F.
Landscaping and/or fencing shall be provided around any outdoor recycling area.
§ 97-68.1 Violations and penalties; civil actions.
A.
If, before final approval has been obtained, any person transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the Planning Board is required to act, such person shall be subject to a fine not to exceed two hundred dollars ($200) or to imprisonment for not more than thirty (30) days, and each parcel, plot or lot so disposed of shall be deemed a separate violation.
B.
In addition to the foregoing, if the streets in the subdivisions are not such that a structure on said land in the subdivision would meet requirements for a building permit under Section 3 of the Official Map and Building Permit Act (1953), the municipality may institute and maintain a civil action:
(1)
For injunctive relief.
(2)
To set aside and invalidate any conveyance made pursuant to such contract or sale if a certificate of compliance has not been issued in accordance with Section 24 of Chapter 433 of the Laws of 1953, but only if the municipality has a Planning Board or a committee thereof with power to act and which:
§ 97-69.1 Application or provisions; variances.
These rules, regulations and standards shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough of Waldwick. Any action taken by the Planning Board under the terms of this ordinance shall give primary consideration to the above mentioned matters and to the welfare of the entire community. However, if the subdivider or his/her agent can clearly demonstrate that by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property, the strict application would result in peculiar and exceptional practical difficulties to, or exceptional undue hardship upon the developer of such property; and where in an application or appeal relating to a specific piece of property the purposes of this act would be advanced by deviation from the land use and development code requirements and the benefits of the deviation would substantially outweigh any detriment, the Planning Board may permit such variance or variances as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this ordinance. In making its findings, as required hereinbelow, the Planning Board shall take into account the nature of the proposed use or the existing use of land in the vicinity, the number of persons to reside or work in the proposed subdivision and the probable effect of the proposed subdivision upon traffic conditions in the vicinity. No variance shall be granted unless the Planning Board finds that:
A.
There are special circumstances or conditions affecting said property such that the strict application of the provisions of this ordinance would deprive the applicant of the reasonable use of his/her land.
B.
The variance is necessary for the preservation and enjoyment of a substantial property right of the applicant.
C.
The granting of the variance will not be detrimental to the public welfare and quality of life or injurious to property in the area in which said property is situated.
§ 97-69.2 Withholding of business permits and certificates of occupancy.
A.
Wherever connections to public water supply mains and to a public sewer system are not available on any lot shown on an approved plat, no building permit for any structure involving or intending to involve human occupancy shall be issued unless and until the Board of Health has certified that proper sanitary facilities can be constructed and maintained, and further that no certificate of occupancy indicating conformity with the Land Use and Development Code and other municipal ordinances shall be issued except where actual connections to a public water main and public sanitary sewer are installed and ready for use, until the local Board of Health has certified that the individual sewage disposal system and private source of water supply has been constructed in a proper manner, is adequate in capacity for the purpose and is ready for service. A penalty for failure to conform should be provided.
B.
Supervision required. The Planning Board or the Board of Health, either or both, shall require that before acceptance of the final plat or final site plan for any major subdivision, the applicant and his/her assigns agree in writing to furnish at his/her own expense acceptable qualified supervision to insure completion of the project in accordance with the plans in respect to all facilities, grading elevations, house locations, location and installation of individual sewage disposal facilities as location construction and elevations and any private sources of water supply, or that said owner or his/her agents agree to pay on the basis of a monthly bill the cost of supervision by an engineer or other qualified person approved by the Planning Board and the Board of Health and not in the employ of the said owner.
C.
The Planning Board reserves the right to require the construction of sanitary sewers, manholes and house connections even though at the time it may not be feasible to connect to any trunk sewers, in which case individual sewage disposal facilities conforming to the requirements of the Board of Health shall also be installed.
D.
Conformity with site plan. Wherever a site plan is filed with the Planning Board prior to approval of a final plat, the applicant, for himself and his/her assigns, must agree in writing to follow that plan in all details unless all bodies or agencies who has approved the original plan will approve in writing an amended plan.