West New York City Zoning Code
ARTICLE VI
Controlled Waterfront Development District
[Amended 8-20-1986 by Ord. No. 1731]
§ 414-26 Purposes.
In order that the future development of the Town of West New York's waterfront shall be controlled to ensure the preservation of the environment and to prevent negative impacts on the physical, social and aesthetic elements of the environment; and in order that the public health, safety, morals and general welfare shall be furthered in an era of increasing urbanization and of growing demand for housing of all types; to provide for necessary facilities that will be compatible and conveniently located to such housing to provide for well-located, clean, safe sites for commercial and industrial uses of land involving a minimum of strain on public services and transportation facilities and which provide for such services to allow for development; to encourage the planning of new neighborhoods; to support the objectives of zoning in general; to encourage innovations in the design of residential, commercial and industrial development and renewal so that the growing demands of the population may be met by greater variety in type, design and layout of buildings and by the conservation and more efficient use of open space ancillary to said buildings, so that greater opportunities for better housing and recreation, shops, offices and industrial plants conveniently located to each other may extend to all citizens and residents of this town; and in order to encourage a more efficient use of land and of public services, or private services in lieu thereof; and to reflect changes in the technology of land development so that resulting economies may inure to the benefit of those who need homes as well as developers; to adequately provide for the traffic on streets and highways; to conserve the value of land; and, in aid of these purposes, to provide a procedure which can relate the type, design and layout of residential, commercial and industrial development to the particular site and the particular demand for housing and other facilities, including the foregoing, at the time of development in a manner consistent with proper zoning; and to ensure that the increased flexibility of substantive regulations of land development authorized herein is subject to such administrative standards and procedures as shall encourage the disposition of proposals for land development without undue delay, this article is adopted.
§ 414-27 Objectives.
A.
The Board of Commissioners of the Town of West New York desires to ensure a controlled development of the waterfront while ensuring the conservation and environmental protection of that area. The Board desires to take full advantage of modern design, construction, technology and planning methods as will advance and promote the sound growth and general welfare of the town; strengthen and sustain its economic potentials; provide safe, sufficient and economic municipal services; and establish appropriate patterns for the distribution of population, commerce and industry in a variety of accommodations which are compatible with a modern way of life, coordinated with the protection and enhancement of natural beauty and resources of that section of the Town of West New York known as the "waterfront" and in harmony with their surroundings both within and without the town; and in order to provide for a variety of service activities, schools (if any), parks, playgrounds, recreational areas, parking and other open space in orderly relationship to each other and in conformity with the development of the town as a whole with special emphasis on the conservation and protection of the waterfront and its unique physical attributes.
B.
The objectives of the Controlled Waterfront Development District are to encourage innovations in residential, commercial, public and industrial development and redevelopment to achieve greater variety in type, layout and siting of buildings and the conservation and more efficient use of open space ancillary to said buildings on tracts of land under a comprehensive plan of development rather than a piecemeal unrelated parts. Such comprehensive control over an entire development, rather than lot-by-lot regulations, should produce a well-designed development that will have a beneficial effect upon the preservation of West New York's waterfront and upon the health, safety, general welfare and morals of the town and neighboring area.
§ 414-28 Municipal authority.
A.
The municipal authority designated to act under this article shall be the Planning Board of West New York, New Jersey, hereafter called the "Board."
B.
The Planning Board shall examine all plans and submissions for completeness, clarity and documentation prior to filing with the town.
§ 414-29 General regulations.
A.
Permitted uses. The uses permitted in the Controlled Waterfront Development District may include and shall be limited to:
(1)
Residential dwelling units in detached, semidetached, attached, groups of attached or clustered or townhouse structures, multifamily dwellings, or any combination thereof.
(2)
Commercial uses, including business and professional offices, financial institutions, retail and wholesale trade, hotels and restaurants.
(3)
Light-impact industrial uses.
(4)
Public and private educational facilities.
(5)
Public parks and other town-wide recreational facilities and semipublic uses.
(6)
Recreational facilities, such as marinas and athletic clubs, which may be private, semipublic or public.
(7)
Public library, fire station, police station, museum or other public buildings.
(8)
Uses customarily accessory to such permitted uses.
(9)
Medical Cannabis Dispensary authorized by the "Jake Honig Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.).
[Added 9-15-2021 by Ord. No. 16/21]
B.
Area. No controlled waterfront development shall be approved which contains less than 10 acres.
C.
Overall residential density and affordable housing contribution.
[Amended 6-21-1989 by Ord. No. 1849; 5-16-1990 by Ord. No. 1876]
(1)
In the Controlled Waterfront Development District, there shall be no more than 50 dwelling units per acre over the overall development area.
(2)
In recognition of the need by current or future residents of the town for affordable housing, the town sets forth the following policies with regard to the provision of such housing in the Controlled Waterfront Development District:
(a)
Of the total number of dwelling units to be constructed, 20% must be provided as affordable housing, with 10% for moderate-income and 10% for low-income residents. The determination of income levels will be in accordance with the income guidelines as promulgated by the United States Department of Housing and Urban Development and in affect at the time of the initial issuance of a certificate of occupancy for the unit.
(b)
In order to comply with the requirements of Subsection C(2)(a) above, an applicant shall have the following options:
[1]
To include the affordable housing units within the Controlled Waterfront Development District;
[2]
To construct new dwelling units within the remaining portion of the Town of West New York;
[3]
To rehabilitate existing dwelling units within the remaining portion of the Town of West New York;
[4]
To acquire and operate affordable rental housing within the remaining portion of the Town of West New York; or
[5]
In lieu of the construction of new units or the rehabilitation of existing units, to provide an amount equal to $10,000 per dwelling unit, to be placed by the town in an affordable housing trust fund and used solely for the provision of affordable housing within West New York.
(3)
In return for the provision of affordable housing as described above, an applicant shall receive a density bonus of 10 units per acre. This would allow a maximum density of 60 units per acre.
(4)
The affordable housing trust fund contribution, if any, shall be paid on a per-dwelling-unit-basis, with 15% paid at the issuance of a building permit and the remaining 85% paid at the time of the issuance of a certificate of occupancy for each unit.
D.
Commercial land uses. Commercial land uses shall be permitted, provided that:
(1)
The types of commercial establishments and their sizes and locations will be appropriate and compatible with existing and proposed land uses. No regional shopping center shall be permitted.
(2)
Signs will be provided according to the requirements of the Zoning Ordinance.[1]
[1]
Editor's Note: See §§ 414-22, 414-23 and 414-24.
(3)
Said commercial land uses, together with all industrial uses, will not occupy more than 35% of the gross area of the Controlled Waterfront Development District.
E.
Light-impact industrial land uses. Light-impact industrial land uses shall be permitted, provided that:
(1)
The types of industrial establishments, their sizes and locations will be appropriate and compatible with the other uses of land that are permitted in the district. Factories shall not be permitted.
(2)
No deleterious impact from the daily operation of the industry, including traffic, will be made on the waterfront environment and surrounding areas.
(3)
Signs shall be provided according to the requirements of the Zoning Ordinance.[2]
[2]
Editor's Note: See §§ 414-22, 414-23 and 414-24.
(4)
Said industrial uses, together with all commercial land uses, will not occupy more than 35% of the gross area of the Controlled Waterfront Development District.
F.
Open space. At least 30% of an overall development area shall be provided as open space. This open space shall be in addition to a public access walkway along the Hudson River, designed in accordance with the State of New Jersey Department of Environmental Protection, Division of Coastal Resources guidelines, as contained in a report entitled "Hudson Waterfront Walkway: Plan and Design Guidelines." The open space shall be designed to include pedestrian and bicycle linkages to other sites and to other portions of the overall development area and may include fishing piers, amphitheaters, park-sitting areas and other compatible recreational facilities.
G.
Other standards and conditions.
(1)
Height, bulk, coverage and location of land uses.
(a)
In order to encourage and enable a Controlled Waterfront Development District development of desirable and imaginative design and to maintain the flexibility of this article, it is required that all stages of a controlled waterfront development plan be developed according to a comprehensive final plan for the overall development for the property, as approved by the Planning Board, which shall conform to the requirements of this article and, in addition, shall be substantially compatible with the requirements of the Town of West New York's Zoning Ordinance for the specific residential, commercial and industrial buildings or other land uses contemplated, unless the Board determines that such requirements need not be applied, or with common good practice.
(b)
The site should be developed in such a way as to maximize views wherever possible with design elements such as lower building heights near the Hudson River, view opportunities at the river's edge and view corridors throughout the development. In no case, however, shall the height of any building in the Controlled Waterfront Development District be greater than or extend above a point 10 feet below the top of the Palisades, measured at that part of the Palisades closest to the building. This height limitation shall include all mechanical or other apparatus located on a building roof.
(c)
Except as provided in Subsection G(1)(b) above regarding maximum building heights and Subsection G(1)(d) below regarding the municipal pool view corridor, maximum building heights shall be in accordance with the following schedule:
[Added 7-2-1997 by Ord. No. 17/97[3]]
Distance From Water's Edge (feet) | Height of Building (feet) | |
|---|---|---|
0 to 50 | 50 | |
51 to 100 | 80 | |
101 plus | 120 |
[3]
Editor's Note: This ordinance also provided for the redesignation of former Subsection G(1)(c), (d) and (e) as Subsection G(1)(d), (e) and (f), respectively.
(d)
In an eighty-foot-wide strip projecting in an easterly direction from the present location of the municipal pool near 60th Street, the height of any building in the Controlled Waterfront Development District shall not be greater than the height of the pool deck. This strip may consist of streets and other permitted structures, as well as buildings.
(e)
Sight lines shall be provided between buildings which shall enable a person standing at the top of the Palisades to have an unobstructed view of the Hudson River. To accomplish this, specific minimum distances shall be provided between buildings as follows.
Height of Building (feet) | Distance Between Buildings (feet) | |
0 to 50 | 50 | |
50 to 100 | 60 | |
100 to top of Palisades | 75 |
(f)
All roofs and decks visible from the top of the Palisades shall be properly landscaped to provide an aesthetically pleasing view.
(2)
Open space, streets and other requirements. The right-of-way and pavement widths for all internal streets, roads or other accessways for vehicles and/or pedestrians shall be determined on the basis of sound planning and engineering standards and shall be based on the projected needs of the full development of all land uses proposed in the comprehensive final plan and the traffic to be generated by such land uses, as well as the need for access for firefighting, ambulances and other emergency vehicles.
(3)
Common open space and other common uses.
(a)
Every structure, use or land designated for common private usage or in common ownership or control by occupants or which functions as an independent corporate property owner or agent of management shall be located on a plot of land which shall be fully dimensioned and designated as representing the area of responsibility and extent of such ownership or management on the final plan or a plan for a section or stage of a Controlled Waterfront Development District property.
(b)
The landowner shall provide for and establish an organization for the ownership of any common open space. Such organization shall not be dissolved nor shall it dispose of any common open space by sale or otherwise, except to an organization established to own and maintain open space, without first offering to dedicate it to the town or any other government agency. In the event that the organization established to own and maintain common open space fails to maintain it in reasonable order and condition in accordance with the plan, the town may serve written notice on such organization or owners setting forth their failures to maintain the common open space and a demand that the deficiencies be cured within 35 days thereof and shall state the date, place and time of a hearing thereon, which shall be held within 15 days of notice. At said hearing, the terms of the notice and the conditions and the timing of their resolution may be modified according to the procedures provided in Chapter 291 of the Laws of New Jersey 1975.[4]
[4]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(4)
Utilities and services to be provided by the developer. The developer shall furnish, install and pay the cost of water facilities, sanitary and stormwater sewer facilities, including the connection of the same to all structures built by the developer, and on-site lighting, paved streets and on-site parking and loading facilities, as determined by the Town Engineer and approved by the Planning Board of the Town of West New York. The developer shall furnish maintenance to indemnify the Town of West New York from all cost of said improvements, direct and indirect.
(5)
Parking and loading.
(a)
In view of the anticipated development of mass transportation facilities in the Controlled Waterfront District and the state's policy of discouraging the proliferation of automobile traffic on the waterfront, the Planning Board may relax any of the parking and loading requirements otherwise set forth in § 414-25 of the Zoning Ordinance, permit a parking facility to service more than one structure or use on a shared parking basis and allow the placement of parking facilities at a distance from the principal use.
(b)
The Planning Board may permit, but shall not require, parking spaces in excess of the following standards for the indicated uses:
Uses | Off-Street Parking Spaces Required | |
|---|---|---|
Residential | 1.25 for each dwelling unit | |
Hotels | 7 for each unit of occupancy | |
Offices | 2.5 for each 1,000 square feet of gross floor area | |
Retail | 3 for each 1,000 square feet of retail space | |
Restaurants, bars, etc. | 1 for each 7 seats (including bar stools) |
§ 414-30 Public hearing required prior to change in approved plan.
To further the mutual interest of the residents and owners of the Controlled Waterfront Development District property and of the public in the preservation of the objectives of the plan, as finally approved, and to ensure that modifications, if any, do not result in changes that adversely affect the public interest, no modifications, removal or release of the provisions of the plan as finally approved, whether recorded by plat, covenant, easement or otherwise, shall be permitted, except upon a finding by the Planning Board, following a public hearing called and held in accordance with the provisions of § 414-32 of this article, that the same is consistent with the efficient development and preservation of the entire controlled waterfront development and does not adversely affect either the abutting land or adjacent area or the public interest and is in conformity with the applicable elements of the Master Plan for the town.
§ 414-31 Application procedures.
A.
Preapplication conference. Prior to official submittal of an application for consideration of a controlled waterfront development, the applicant may meet with the Planning Board or duly designated representative thereof for a preapplication conference as to the location, scope and nature of the proposed development.
B.
Application for tentative approval.
(1)
Following the preapplication conference, if any, with the Planning Board or duly designated representative thereof, formal application shall be filed by or on behalf of the landowner as hereinafter defined. The application shall be accompanied by documentation indicating that all taxes on the subject property owed to the Town of West New York have been paid. In accordance with N.J.S.A. 40:55D-12, if the overall development plan exceeds 150 acres or 500 units, a copy of the plan and application shall be forwarded to the New Jersey Department of Community Affairs for its review.
(2)
All planning and subdivision data relating to the platting, use and development of the controlled waterfront development and subsequent modifications of the regulations relating thereto shall be determined and established by the Planning Board as provided in Subsection B(3).
(3)
The application and development plan for tentative approval shall include the following information:
(a)
Location and size of the site and the nature of the applicant's interest in the land proposed to be developed.
(b)
An accurate topographic and boundary line map of the site and, if applicable, areas to be filled and evidence that such treatment would be according to the standards of the Town of West New York.
(c)
Density computations of all land uses proposed for various parts of the site, number of dwelling units and other similar data pertinent to a comprehensive evaluation of the proposed development.
(d)
Use, type, approximate bulk, height and location of proposed structures.
(e)
Location and size of any common open space and the form of organization proposed to own and maintain such open space.
(f)
An outline of the proposed organizational structure related to property owner's association, protective covenants, deeds of dedication, proposed easements or grants for public utilities.
(g)
A proposal for the sanitary waste and stormwater disposal system.
(h)
An environmental assessment and impact statement and any other study, including traffic, stormwater and soils, prepared by a qualified professional selected by the town, shall be provided at the expense of the applicant.
(i)
Proposed public and private roads, driveways and parking and loading facilities, drawn to scale.
(j)
Location of right-of-way for rail lines to be retained and location of decking over rail lines, if applicable.
(k)
Proposed schedule within which applications for final approval of all sections of the controlled waterfront development are intended to be filed.
(l)
The posting by the applicant of a check, money order or cash in the amount of $300 to cover the costs of having a stenographic record of the proceedings, for which a fee of $200 shall be a minimum, with the understanding that, if the cost of the stenographer and the transcript and other costs exceeds that amount, the cost must be borne by the applicant.
(m)
Variations, if any, from land use regulations otherwise applicable to the subject property.
(n)
The substance of covenants, grants of easements or other restrictions imposed on the land, buildings and structures or for public utilities.
(o)
A plan for disposal of sewage anticipated to be generated from the site after development of the site using municipal or regional treatment plants or, if capacity from such plants is unavailable, on-site sewage treatment plants. All development plans for on-site sewage treatment plants shall include self-contained, privately built, operated and maintained sewage treatment plants, with sufficient safeguards and reserves necessary to comply with present and reasonably projected future requirements of local, state and federal law, and the performance bond, hereafter provided for, shall reasonably insure compliance herewith.
(p)
Information regarding the applicant's plans for the provision and maintenance of essential services, such as necessary off-site improvements, open space and roads within the overall development area, garbage removal, on-site security and fire protection.
(q)
Such other information required for preliminary subdivision and site plan applications pursuant to Chapter 231, Land Use Procedures, as may be appropriate and consistent with the provisions of this chapter.
(4)
The application shall include a written statement by the applicant setting forth the reasons why, in his opinion, a controlled waterfront development would be consistent with the purposes and objectives set forth in §§ 414-26 and 414-27 of this chapter.
(5)
Notwithstanding anything to the contrary in this article, there must be a finding by the municipal authority, to wit, the Planning Board, prior to tentative approval of any plan for a planned development, that, based on a thorough review of the plan by the Planning Board, said plan is in general conformity with the provisions of the Municipal Land Use Law, Chapter 291 of the Laws of New Jersey 1975,[1] and in general conformity with the applicable elements of the Master Plan for the Town of West New York and that the proposed planned development will not have an adverse effect on the development of the neighborhood area or the Town of West New York in general. The function of the Planning Board shall also be to examine all plans and submissions preliminarily as to their completeness, clarity and documentation prior to official filing.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(6)
Subject to the provisions of this section, an applicant shall, prior to an application being ruled complete, submit the following sum(s) to be held in escrow and utilized for review of the application for development.
(a)
The amounts shall be calculated as follows:
Type of Development Residential (units) | Escrow To Be Posted | |
|---|---|---|
0 to 25 | $2,000 | |
26 to 100 | $2,500 | |
101 to 500 | $5,000 | |
501 to 1,000 | $7,500 | |
1,001 or more | $10,000 |
Type of Development Commercial/Industrial Develop- ment Application Involving Structures Total Floor Plan (square feet) | Escrow To Be Posted | |
|---|---|---|
1,250 to 2,500 | $1,000 | |
2,501 to 20,000 | $2,000 | |
20,001 or more | $,000 |
(b)
Within 45 days after the filing of an application for development, the Planning Board shall, in conjunction with appropriate representatives of the staff of the Town of West New York, review the application for development to determine whether the escrow amount set forth above is adequate. In conducting such review, the Board shall consider the following criteria:
[1]
The presence or absence of public water and/or sewer servicing the site.
[2]
Environmental considerations, including but not limited to geological, hydrological and ecological factors.
[3]
Traffic impact of the proposed development.
[4]
Impact of the proposed development on existing aquifer and/or water quality.
(c)
Upon completion of said review and within said forty-five-day period, the Board shall adopt a resolution specifying whether the escrow amount specified above is sufficient, excessive or insufficient. In the event that the Board shall determine that said amount is excessive, it shall, in the resolution, specify the amount that shall be deemed sufficient, including a specification, if appropriate, that no escrow be posted. In the event that the Board shall determine that the amount specified above is insufficient, it shall so specify and shall further set forth the amount required to be posted in light of the criteria specified herein.
(d)
No application for development shall be deemed complete until such time as the applicant shall have posted with the town, in cash, certified check or money order, the amount of escrow deposit determined by the Board to be required in accordance with the provisions of this section.
(e)
All such escrow funds shall be utilized by the Board to pay the cost of any professional fees incurred by the Board for review and/or testimony in connection with the application for development. All sums not actually so expended shall be refunded to the applicant within 60 days after the final determination of the application.
§ 414-32 Public hearings.
A.
Within 45 days after filing of an application, pursuant to § 414-31, a public hearing on said application shall be held by the Planning Board, public notice of which hearing shall be given in the manner prescribed below. All testimony by witnesses at any hearing shall be given under oath, and every party of record at a hearing shall have the right to cross-examine adverse witnesses.
B.
A transcript of the hearing shall be made available to any party to the proceedings, and all exhibits accepted in evidence shall be identified and duly preserved or, if not accepted in evidence, shall be properly identified and the reason for the exclusion clearly noted in the record.
C.
The Planning Board may continue the hearing from time to time and may refer the matter back to its consultant for a further report, a copy of which shall be filed of record without delay; provided, however, that, in any event, the public hearing or hearings shall be concluded within 45 days after the date of the first public hearing, unless the landowner shall consent, in writing, to an extension of time within which the hearing shall be concluded.
§ 414-33 Findings following public hearing.
A.
The Planning Board shall, within 60 days following the conclusion of the public hearing provided for in § 414-32, unless an extension is granted by the developer, by written resolution, either grant tentative approval of the plan as submitted or grant tentative approval subject to specified conditions not included in the plan submitted or deny tentative approval of the plan. Failure to so act within said period shall be deemed to be a grant of tentative approval of the plan as submitted. In the event that tentative approval is granted, other than by lapse of time, either of the plan as submitted or of the plan with conditions, the Planning Board shall, as part of its resolution, specify the drawings, specifications, form of performance bond and other requirements that shall accompany an application for final approval. In the event that tentative approval is granted subject to conditions, the landowner shall, within 45 days after receiving a copy of the written resolution of the Board, notify the Board of his acceptance of or his refusal to accept all said conditions. In the event that the landowner refuses to accept all said conditions, the Board shall be deemed to have denied tentative approval of the plan. In the event that the landowner does not, within said period, notify the Board of his acceptance of or his refusal to accept all said conditions, tentative approval of the plan, with all said conditions, shall stand as granted. Nothing contained herein shall prevent the Board and the landowner from mutually agreeing to a change in such conditions, and the Board may, at the request of the landowner, extend the time during which the landowner shall notify the Board of his acceptance or refusal to accept the conditions.
B.
The grant or denial of tentative 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, and said resolution shall set forth in detail why the plan would or would not be in the public interest, including but not limited to findings of fact and conclusions on the following:
(1)
In what respects the plan is or is not consistent with the statement of objectives of a controlled waterfront development.
(2)
The extent to which the plan departs from zoning and the Subdivision Regulations (see Chapter 358, Subdivision of Land) otherwise applicable to the subject property, including but not limited to density, bulk and use, and the reasons why such departures are not deemed to be contrary to the public interest.
(3)
The purpose, location and amount of the common open space in the controlled waterfront development, the reliability of the proposals for maintenance and conservation of the common open space and the adequacy of the amount, location and purpose of the common open space as related to the proposed density and type of development.
(4)
The physical design of the plan and the manner in which said design does or does not make adequate provision for public services, provide adequate control over vehicular traffic and further the amenities of light and air, recreation and visual enjoyment.
(5)
The relationship, beneficial or adverse, of the proposed controlled waterfront development to the neighborhood in which it is proposed to be established.
(6)
In the case of a plan which proposes development over a period of years, the sufficiency of the terms and conditions intended to protect the interests of the public and of the residents and owners of said development in the integrity of the plan.
(7)
In what respects the Board approves of or imposes conditions with respect to the provision and maintenance of essential services, such necessary off-site improvements, open space, roads within the overall development area, garbage removal, on-site security and fire protection.
C.
In the event that a plan is granted tentative approval, with or without conditions, the Planning Board shall set forth in the written resolution the time within which an application for final approval of the plan shall be filed or, in the case of a plan which provides for development over a period of years, the periods of time within which applications for final approval of each part thereof shall be filed. The times so established between a grant of tentative approval and an application for final approval shall not be less than six months, and, in the case of developments over a period of years, the time between applications for final approval of each part of a plan shall be not less than 12 months, provided that nothing herein contained shall be construed to limit a landowner from the presentation of any application for final approval earlier than the time period hereinabove set forth.
§ 414-34 Status of plan after tentative approval.
A.
Within five working days after the adoption of the written resolution provided for herein, it shall be certified by the Town Clerk of the Town of West New York and shall be filed in the office of the Town Clerk, and a certified copy shall be mailed to the landowner. Where tentative approval has been granted, the same shall be noted on the Zoning Map maintained in the office of the Town Clerk of the Town of West New York.
B.
Tentative approval of a plan shall not qualify a plat of the controlled waterfront development for recording nor authorize development or the issuance of any building permits. A plan which has been given tentative approval as submitted or which has been given tentative approval with conditions which have been accepted by the landowner (and provided that the landowner has not defaulted or violated any of the conditions of the tentative approval) shall not be modified, revoked or otherwise impaired by action of the municipality pending an application or applications for final approval without the consent of the landowner, provided that an application for final approval is filed or, in the case of development over a period of years, provided that applications are filed within the periods of time specified in the resolution granting tentative approval.
C.
In the event that a plan is given tentative approval and thereafter, but prior to final approval, the landowner shall elect to abandon part or all of said plan and shall so notify the Planning Board in writing or in the event that the landowner shall fail to file applications for final approval within the required period of time or times, the tentative approval for the abandoned part of said plan or the part of said plan for which a timely application for final approval has not been filed shall be deemed to be revoked; provided, however, that any such revocation shall not relieve the landowner from satisfying the open space requirements for the part of the plan for which tentative approval has not been revoked, and the Planning Board shall determine whether all or part of that portion of the area included in the plan for which final approval has not been given shall be subject to those local ordinances applicable thereto, as they may be amended from time to time, and the same shall be noted on the Zoning Map in the office of the Town Clerk and in the records of the Town Clerk of the Town of West New York.
§ 414-35 Final plan approval.
A.
An application for final approval may be for all the land included in a plan or, to the extent set forth by the tentative approval, for a section thereof. Said application shall be made to the Planning Board and within the time or times specified by the resolution granting tentative approval. Nothing herein shall prohibit the filing of an application for final approval of all or a portion of the site subject to an application for tentative approval at the time the application for tentative approval is filed. The application shall include such drawings, specifications, covenants, easements, conditions and other requirements as were set forth in written resolution of the Planning Board at the time of tentative approval. A public hearing of an application for final approval of the plan or part thereof shall not be required, provided that the plan or the part thereof submitted for final approval is in conformity with the plan theretofore given tentative approval.
B.
A plan submitted for final approval shall be deemed to be in conformity with the plan previously given tentative approval, provided that any modification by the landowner of the plan as tentatively approved does not exceed the following limitations on conforming changes:
(1)
Vary the proposed gross residential density or intensity of use by more than 5%.
(2)
Involve a reduction of the area set aside for public or common open space, or the relocation of such area.
(3)
Increase by more than 10% the gross floor area of nonresidential use.
(4)
Increase by more than 5% the total ground area covered by buildings.
(5)
Involve an increase in the height of buildings.
C.
A public hearing shall not be held on an application for final approval of a plan when said plan as submitted for final approval is in conformity with the plan as tentatively approved. The burden shall be upon the landowner to show the Board good cause for any such modifications of the plan as tentatively approved. In the event that a public hearing is not required for final approval and the application for final approval has been filed, together with all drawings, specifications and other documents in support thereof, and as required by the resolution of tentative approval, the Town of West New York shall, within 45 days of such filing, grant such plan final approval, provided that, in the event that the plan as submitted contains modifications of the plan given tentative approval but remains in conformity with such plan, the Planning Board may, after a meeting with the landowner, refuse to grant final approval and shall, within 45 days from the filing of the application for final approval, so advise the landowner in writing of said refusal, setting forth in said notice the reasons why one or more of said modifications are not in the public interest. In the event of such refusal, the landowner may:
(1)
File an application for final approval without the modifications objected to by the Planning Board on or before the last day of the time within which he was authorized by the resolution granting tentative approval to file for final approval or within 30 days from the date he received notice of said refusal, whichever date shall last occur; or
(2)
Treat the refusal as a denial of final approval and so notify the Planning Board.
D.
Plan as submitted for final approval not in conformity with the plan as given tentative approval.
(1)
In the event that the plan as submitted for final approval is not in conformity with the plan as given tentative approval, the Planning Board shall, within 45 days of the date that the application for final approval is filed, so notify the landowner, in writing, setting forth the particular ways in which the plan is not in conformity. The landowner may:
(a)
Treat said notification as a denial of final approval;
(b)
Refile a plan in a form which is in substantial compliance with the plan as tentatively approved; or
(c)
File a written request with the Planning Board that it hold a public hearing on the application for final approval.
(2)
If the landowner shall elect either the alternative in Subsection D(1)(b) or (c) above, he may refile the plan or file a request for public hearing, as the case may be, on or before the last day of the time within which he was authorized by the resolution granting tentative approval to file for final approval or 30 days from the date he receives notice of said refusal, whichever date shall last occur. Any such public hearing shall be held within 30 days after the request for the hearing is made by the landowner, and notice thereof shall be given and the hearings shall be conducted in the manner prescribed in § 414-32 of this chapter.
(3)
Within 45 days after the conclusion of the hearing, the Planning Board shall, by resolution, either grant final approval to the plan or deny final approval to the plan. The grant or denial of final approval of the plan shall, in cases arising under this Subsection D, be in the form and contain the findings required for a resolution on an application for tentative approval as set forth in this chapter.
E.
In the event that the Planning Board fails to act, either by grant of or denial of final approval of the plan, within the time prescribed, the landowner may, after 20 days' written notice to the Board, file a complaint in the Superior Court. Upon a showing that the Board has failed to act, either within the time prescribed or subsequent to the receipt of the written notice provided for in this Subsection E, and that the owner has complied with the procedures set forth herein, the plan shall be deemed to have been finally approved, and the Court shall, upon a summary proceeding, enter an order directing the County Clerk to record the plan as submitted for final approval without the approval of the Board. A plan so recorded shall have the same force and effect as though that plan has been given final approval by the Board.
F.
A plan, or any section thereof, which has been given final approval by the Board shall be so certified without delay by the Town Clerk of the Town of West New York, and the portion of the approved plans representing a plat of subdivision of lands shall be filed of record forthwith in the office of the County Clerk before any development shall take place in accordance therewith. Upon the filing of record of the plan, all other ordinances and Subdivision Regulations (Chapter 358, Subdivision of Land) otherwise applicable to the land included in the plan shall cease to apply thereto. Pending completion of said controlled waterfront development or of that section thereof, as the case may be, that has been finally approved, no modification of the provisions of said plan or section thereof as finally approved shall be made, nor shall it be impaired by act of the municipality, except with the written consent of the landowner.
G.
In the event that a plan or a section thereof is given final approval and thereafter the landowner shall abandon said plan or the section thereof that has been finally approved, and shall so notify the Planning Board in writing, or in the event that the landowner shall fail to commence on-site construction of the controlled waterfront development within two years after final approval has been granted, then and in that event such final approval shall terminate and be deemed null and void, unless such time period is extended by the Board upon written application of the owner.
H.
Prior to any construction or development, a proper performance bond with appropriate sureties shall be filed, guaranteeing all work and all improvements, operations and maintenance required to be made under such plan, including but not limited to roads, sewers, sewage treatment plants, lighting, utilities and all other portions of each plan.
§ 414-36 Judicial review.
Any decision of the Planning Board under this article granting or denying tentative approval of a plan or authorizing or refusing to authorize a modification in a plan shall be deemed to be a final administrative decision and shall be subject to judicial review as provided by law.
§ 414-37 Definitions.
As used in this article, the following terms shall have the meanings indicated:
CONTROLLED WATERFRONT DEVELOPMENT
An area with a specified minimum contiguous acreage of 10 acres or more to be developed as a single entity according to a plan.
LANDOWNER
The legal or beneficial owner or owners of all of the land proposed to be included in a controlled waterfront development. The holder of an option or contract to purchase or any other person or entity having an enforceable proprietary interest in such land shall be deemed to be a "landowner" for the purpose of this article. In the event that any portion of the controlled waterfront development land is under option, the landowner shall provide written notification to the Town of West New York, according to N.J.S.A. 40:55D-55, 40:55D-56 and 40:55D-57 (Chapter 291 of the Laws of New Jersey 1975).
MUNICIPAL AUTHORITY
The Planning Board of the Town of West New York, New Jersey. The Construction Official and all town agencies, boards, officials, personnel, consultants and employees shall assist to assemble appropriate plans, submissions and documentation for official filing and review under this article.
OVERALL DEVELOPMENT AREA
That property that has been selected for development under the Controlled Waterfront Development District and may comprise the entire area in said district or a portion thereof having an area of at least 10 acres.
PLAN
The provisions for development of a controlled waterfront development, including a plat of subdivision, all covenants relating to use, location and the bulk of buildings and other structures, intensity of use or density of development, private streets, ways, parking and loading facilities, common open space and public facilities. The phrase "provisions of the plan," when used in this article, shall mean the written and graphic materials referred to in this definition.
PUBLIC OPEN SPACE
A parcel or parcels of land within the Town of West New York designed and intended for the admission, use or enjoyment of all residents of the Town of West New York. Public open space may contain such structures and improvements as are necessary or appropriate for use by the residents as determined by the Town of West New York.
WATERFRONT DEVELOPMENT
Refers to a controlled waterfront development as defined herein.
§ 414-38 Designation of district.
It is hereby determined that one predominantly vacant waterfront area exists in West New York, New Jersey, at present where controlled waterfront development is suitable and feasible, to wit, that part of West New York, New Jersey, commencing on the easterly side of Kennedy Boulevard East and extending therefrom to the pierhead line of the Hudson River, and said zone is hereby designated as the Controlled Waterfront Development District to which this article shall apply.
