ORDINANCE NO. 01-09
AN ORDINANCE ENACTING THE DEVELOPMENT REGULATIONS OF THE VILLAGE OF RIDGEFIELD PARK WHICH SHALL PROVIDE FOR THE ADMINISTRATION OF THE BOARD OF ADJUSTMENT AND PLANNING BOARD AND ALL MATTERS TO BE CONSIDERED BY THOSE BOARDS AND TO REGULATE THE USE OF LAND AND BUILDINGS IN THE VILLAGE AND TO PRESCRIBE PENALTIES FOR THE VIOLATIONS THEREOF.
WHEREAS, the Planning Board of the Village of Ridgefield Park has heretofore made a re-examination of the Master Plan in accordance with N.J.S.A. 40:55D-89; and
WHEREAS, the Planning Board as a result of the re-examination of the Master Plan and the adoption of a new Zoning Ordinance has recommended the adoption of an Ordinance entitled, "The Development Regulations of the Village of Ridgefield Park which Ordinance shall deal with the composition of the Board of Adjustment and Planning Board and appeals before those boards as well as the regulation of land and buildings within the Village of Ridgefield Park; and
WHEREAS, it is the desire of the Board of Commissioners of the Village of Ridgefield Park to adopt these regulations accompanying the Ordinance.
NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the Village of Ridgefield Park as follows:
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 village. Any action taken under the terms of this chapter an ordinance shall give primary consideration to the welfare of the entire community. These rules and regulations shall deal with the administration composition of the Board of Adjustment and the Planning Board and regulate the use and land of buildings in the Village of Ridgefield Park and are enacted in order to promote and protect the public health, safety, morals and general welfare of the people. This chapter shall be known as the "Development Regulations of the Village of Ridgefield Park and shall be read contemporaneously with the Zoning Ordinance of the Village of Ridgefield Park.
All provisions of this chapter may be amended in accordance with applicable laws.
No appeals shall be made to the Governing Body of the Village of Ridgefield Park from any decision of the Board of Adjustment or Planning Board.
A. Establishment and Composition.
(1) A Board of Adjustment is hereby established pursuant to N.J.S.A. 40:5513-69 et. seq. consisting of seven (7) regular members who shall be residents of the village appointed by the Board of Commissioners to serve for terms of four (4) years from January 1 of the year of their appointment. The terms of the members first appointed shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four (40 years after their appointment; provided that the initial term of no member shall exceed four (4) years. Thereafter, the term of each member shall be for four (4) years. Nothing in this chapter shall, however, be construed to affect the term of any present member of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the term for which they were appointed. There shall also be appointed by the Board of Commissioners two (2) residents of the village who shall serve as alternate members of the Board for a term of two (2) years each. The alternate members first appointed shall be appointed one (1) for one (1) year and the other for two (2) years, with each term thereafter being for two (2) years. Alternate members shall, at the time of their appointment, be designated as "Alternate No. 1" and "Alternate No. 2." Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
(2) No member of the Board of Adjustment may hold any elective office or position in the Village.
(3) A vacancy occurring otherwise than by expiration of the term shall be filled for the unexpired term only.
B. Board of Adjustment Authority.
(1) No variance or other relief may be granted under the provisions of this section unless granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and Zoning Ordinance.
(2) The Board of Adjustment shall have powers to:
a. Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on or made in the enforcement of the zoning ordinance.
b. Hear and decide requests for interpretation of the zoning map or ordinance or for decisions upon which such board is authorized to pass by any zoning or official map ordinance, in accordance with this act.
c. (1) Where: (a) by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to article 8 of this act would result in peculiar and exceptional practical difficulties, to or exceptional and undue hardship upon, the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship; (2) where in an application or appeal relating to a specific piece of property the purposes of this act would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to article 8 of this act; provided, however, that the fact that a proposed use is an inherently beneficial use shall not be dispositive of a decision on a variance under this subsection and provided that no variance from those departures enumerated in subsection d. of this section shall be granted under this subsection; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use, in conjunction with which the Planning Board has power to review a request for a variance pursuant to subsection a. of Section 47 of this act; and
d. In particular cases for special reasons, grant a variance to allow departure from regulations pursuant to Article 8 of this act to permit: (1) a use or principal structure in a district restricted against such use or principal structure, (2) an expansion of a nonconforming use, (3) deviation from a specification or standard pursuant to Section 54 of P.L. 1975, c. 291 (C.40:55D-67) pertaining solely to a conditional use, (4) an increase in the permitted floor area ratio as defined in Section 3.1 of P.L. 1975, c. 291 (C.40:5 5D-4), (5) an increase in the permitted density as defined in Section 3.1 of P.L. 1975, c. 291 (C.40:55D-4), except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings, which lot or lots either an isolated undersized lot or lots resulting from a minor subdivision or (6) a height of a principal structure which exceeds by 10 feet or 10% the minimum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members, in the case of a municipal board, or two-thirds of the full authorized membership, in the case of a regional board, pursuant to Article 10 of this act.
If an application development request one or more variances but not a variance for a purpose enumerated in subsection d. of this section, the decision on the requested variance or variances shall be rendered under subsection c. of this section.
No variance or other relief may be granted under the terms of this section, including a variance or other relief involving an inherently beneficial use, without a showing that such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the Zone Plan and Zoning Ordinance. In respect to any airport safety zones delineated under the "Air Safety and Zoning Act of 1983," P.L. 1983, c. 260 (C.6:1-80 et. seq.), no variance or other relief may be granted under the terms of this section, permitting the creation or establishment of a nonconforming use which would be prohibited under standards promulgated pursuant to that act, except upon issuance of a permit by the Commissioner of Transportation. An application under this section may be referred to any appropriate person or agency for its report; provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
C. Appeals and Applications.
(1) Appeals to the Board of Adjustment may be taken by any interested party within twenty (20) days of the action by the officer from whom the appeal is taken. Three (3) copies of the notice shall be filed with the Secretary of the Board of Adjustment, specifying the grounds for the appeal. The officer from whom the appeal is taken shall transmit to the Board all the papers constituting the record.
(2) Applications to the Board of Adjustment without prior application to an administrative officer shall be filed with the Secretary of the Zoning Board of Adjustment. Three (3) copies of the application shall be filed along with all plot plans, maps or other papers required by this chapter or rule of the Board of Adjustment.
(3) An appeal stays all proceedings unless the officer from whom the appeal is taken certifies to the Board of Adjustment that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Board of Adjustment or by the Superior Court of New Jersey on application or notice to the officer from whom the appeal is taken and on due cause shown.
(4) Any application may be referred to any person or agency for its report, provided such reference shall not extend the period of time within which the Board of Adjustment shall act.
D. Power to reverse or modify decisions.
The Board of Adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and make such order, requirement, decision or determination as ought to be made, and to that end have all the powers of the administrative officer from whom the appeal was taken.
E. Time for decision.
Unless a longer period is consented to by the applicant, the Board of Adjustment shall render its decision not later than one hundred twenty (120) days after the date an appeal is taken from the decision of an administrative officer, or no later than one hundred twenty (120) days after the submission of a complete application for development without prior applications to the administrative officer. If the developer elects to submit separate consecutive applications for a use variance followed by other subdivision, site plan or conditional use approvals, the aforesaid provision shall apply the application for approval of the use variance. The period for granting or denying any subsequent approval(s) shall be as otherwise provided in this chapter. Failure of the Board to render a decision within the period prescribed or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
F. Expiration of a variance.
In the granting of hardship and use variances, a time limit of one (1) year from the date of the variance approval shall be set, within which time the owner shall secure a building permit; otherwise, the variance granted shall be null and void. The approving authority may, for good cause shown, extend the period for securing a building permit for an additional period not exceeding six (6) months.
All requirements of this chapter shall be met at the time of any erection, enlargement, moving or change in use.
A. Before any permit shall be issued for a conditional use, application shall be made to the Planning Board as the approving authority, which shall grant or deny the application after public hearing within ninety-five (95) days of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Notice of the hearing shall include reference to all matters being heard, including site plan and/or subdivision, and the approving authority shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application. Failure of the approving authority to act within the required time period shall constitute approval of the application. In reviewing the application, the approving authority shall review the number of employees or users of the property and the requirements set forth in this chapter and shall give due consideration to elements which would affect the public health, welfare, safety, comfort and convenience, such as but not limited to the proposed use (s), the character of the area, vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and structural location(s) and orientation(s). Each conditional use shall be considered as an individual case. In all requests for approval of conditional uses, the burden of proof shall be on the applicant even though a conditional use shall be a permitted use in the district in which it is located. Conditional uses shall require site plan approval. Prior to making its decision, the approval authority shall be satisfied the conditional use is reasonably necessary for the convenience of the public in the location proposed.
B. In approving a conditional use, a time limit of one (1) year from the date of the approval shall be set, within which time the owner shall secure a building permit; otherwise the approval shall be null and void. The approving authority may, for good cause shown, extend the period for securing a building permit for an additional period not exceeding six (6) months.
This chapter shall take effect upon final passage, publication and filing with the County Planning Board.
The Developer shall, at the time of filing a submission, pay the following non-refundable fees to the Village by certified check or bank money order. Proposals involving more than one (1) use shall pay a fee equaling the sum of the fees for the component elements of the plat. Proposals requiring a combination of approvals, such as subdivision, site plan and/or a variance, shall pay a fee totaling the full fee of the approval with the highest fee, plus one-half () the fee of the next highest approval required and nothing for additional approvals. In the event the costs for reviewing major subdivisions and site plans exceed the following fees, the village may require additional deposits in the amounts not to exceed fifty percent (50%) of the initial deposit for each additional deposit. In a development application which involves a substantial amount of review by the Village Engineer and other officials of the municipality, the developer and the approving authority may agree to some alternate fee and method of payment in addition to the minimum fee set forth below, provided said total fees are sufficient to cover municipal costs.*
*NOTE: See also 96A-9 and 96A-11.
A. Subdivision, including clustered single-family dwelling proposal.
(1) Informal plat: thirty five dollars ($35.00).
(2) Preliminary plat: two hundred dollars ($200.00) for R1 & R2 zones; five hundred dollars ($500.00) for all other zones.
(3) Final plat: two hundred dollars ($200.00) for R1 & R2 zones; five hundred dollars ($500.00) for all other zones.
(1) Informal plat: one hundred dollars ($100.00).
(a) Residential single-family and two-family units: two hundred dollars ($200.00).
(b) Residential multifamily units (3 or more): one hundred dollars per unit. Minimum fee: two thousand dollars ($2,000.00).
(c) Commercial/industrial and other: five hundred dollars ($500.00) per acre. Minimum fee: two thousand dollars ($2,000.00).
(d) Freestanding or lighted signs not included in other site plans: three hundred dollars ($300.00).
(3) Final site plan: one-half (1/2) the preliminary site plan fee.
C. Variances and other appeals.
a) Hear and decide appeals: one hundred dollars ($100.00).
(b) Conditional uses: seven hundred fifty dollars ($750.00).
(c) Interpretation of Zoning Map: one hundred dollars ($100.00).
(d) C-variance:
a. Single-family & two-family dwellings: ninety dollars ($90.00).
b. Non-residential units & buildings consisting of three (3) or more dwelling units: Two hundred fifty dollars ($250.00).
a. Residential: three hundred fifty dollars ($350.00), plus fifty dollars ($50.00) per each additional after one (1) unit.
b. Other uses: five hundred dollars ($500.00), plus one hundred dollars ($100.00) per acre.
(f) Building permit in conflict with Official Map or building permit for lot not related to a street: two hundred fifty dollars ($250.00).
(g) When an application requires more than one (1) of the above items, the applicant shall pay a separate fee for each item required.
(f) Additional fees shall be imposed to cover the cost of preparing a developer's agreement, if required, and all other fees charged by the boards' engineers, attorneys, planners and/or consultants, which are necessary in reviewing the application. The board may require that a sum of money be deposited in an escrow account to cover the anticipated cost of its professionals, with any remaining amounts to be refunded to the applicant at the conclusion of the matter. The amount to be deposited shall be determined by the board, in its sole discretion.
**Webmasters Note: The previous subsections, A. through C, have been amended as per Ordinance No. 07-08
D. Preparation by the building officials of the list of property owners to be served with notices: twenty-five cents ($0.25) per name of ten dollars ($10.), whichever is greater, for each list.
E. Affidavit from Village Ckerk as to current status of taxes owed to the Village: ten dollars ($10) each.
96A-9. Guarantees and Inspections
A. No plat shall be approved or no buil;ding permit shall be issused for development that does not require a subdivision or site plan until all items required to be bonded (on-site, off-site, on- tract and off-tract) have either been installed and approved by the Municipal Engineer and accepted by the governing body and a maintenance guaranty has been filed and accepted by the governing body or their installation shall have been provided for by a performance guaranty accepted and approved by the governing body. No maintenance bond shall be accepted for any item which has further stages of work or whicfh will need to be altered or reworked. Any improvements installed prior to final plat application that do not meet required standards shall be added to the performance guaranty.
B. The applicant shall submit the performance guaranty to the Municipal Engineer, Attorney and governing body for review and approval by resolution. Final plat submission shall not be made unitl the performance guaranty has been accepted and approved by the governing body. In the event that final approval is by stages or sections, the provisions of the section shall be applied by stage or section.
(1) The performance guaranty shall consist of a performance bond in which the developer shall be the principal and the surety shall be an acceptable surety company licensed to do business in New Jersey, and/ or cash or certified check, which shall be deposited wit the Village Treasurer. The Treasurer shall isssue a receipt for such deposits. If the impovements have not been completed in accordance with the standards or within the stipulated time but no longer that two (2) years, the obliger and surety shall be liable thereon for the reasonable cost of completing the imporovements. The village may, either prior to or after receipt of the proceeds thereof, complete such improvements.
(2) The performance guaranty shall equal one hundred twenty percent (120%) of the cost of installing the improvements, together with a maintenance bond equal to fifteen percent (15%) of the cost of any facilities installed prior to final plat submission. Ninety percent (90%) of this total shall be either certified check, bank money order or surety bond of a bonding company approved by and at the option of the governing body. The remaining ten percent (10%) shall be certified check or bank money order payable to the Village. In the event of default, the ten-percent cash fund shall be first applied to complete the requirements and the cash, certified check or surety bond shall thereafter be resorted to, if necessary. The Municipal Engineer's certification that the principal has satisfactorily installed the improvements or has defaulted shall be the basis for governing body action which accepts or rejects the improvements, withholds approval or extends the time allowed for installation of the improvements. As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed one hundred twenty percent (120%) of the cost of the installation as determined as of the time of the passage of the resolution.
C. Prior to construction, the developer shall arrange for a preconstruction conference between the developer, contractor, Municipal Engineer and Construction Official. The Municipal Engineer shall be notified by registered mail by the developer at least seventy-two (72) hours in advance of the start of construction. The cost of inspections shall be the responsibility of the developer, who shall reimburse the Village for all reasonable inspection fees by submitting a certified check or bank money order to the Village Clerk. This fee shall be in addition to the amount of performance guaranty and all application fees as outlined above and shall be deposited initially in accordance with the following schedule. The funds shall be deposited in an interest-bearing account. Upon completion of the development and all inspections, the developer shall receive an accounting of the expended funds. Any unspent funds shall be returned to the developer. Should the initial deposit be insufficient to cover inspection costs, the developer shall deposit additional sums upon notice from the Village Clerk, each additional deposit being in amounts not to exceed fifty percent (50%) of the initial deposit:
D. No work shall be done without permission from and inspection by the Municipal Engineer. No underground installation shall be covered until inspected and approved. The Municipal Engineer's office shall be notified after each of the following phases of the work has been completed so that he may inspect the work: road subgrade; curb and gutter forms; curbs and gutters; road paving (after each coat in the case of priming and sealing); drainage pipes and other drainage structures before backfilling; shade trees and planting strips; street name signs; and monuments.
E. No utility installations installed by utility companies shall be subject to the inspection requirements or bonding.
F. Occupancy permits will be issued only when required fire alarms, curbs, utilities, functioning water supply and sewage treatment facilities, gutters and other necessary storm. drain age to ensure proper drainage of the lot and surrounding land, rough grading of lots, soil stabilization, base course for the street and driveway and the sidewalks are installed to serve the lot and structure for which the permit is requested. Streets shall not receive surface course paving until all heavy construction is completed. Shade trees shall not be planted until all grading and earth moving is completed. Seeding of grass areas shall be the final operation.
G. Upon substantial completion of all required appurtenant utility improvements and the connection of same to the public system, the obligor may notify the governing body in writing, by certified mail addressed in care of the Village Clerk, of the completion or substantial completion of improvements and shall send a copy thereof to the Municipal Engineer. The Municipal Engineer shall inspect all improvements of which such notice has been given and, within thirty (30) days of completing the inspection, shall file a detailed report in writing with the governing body, recommending either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.
H. The governing body shall either approve, partially approve or reject the improvements and shall notify the obligor by certified mail of the contents of the Municipal Engineer's report and the action of the approving authority with relation thereto not later than sixty-five (65) days after receipt of the notice from the obligor of the completion of the improvements, except that no approval or partial approval shall be granted, the obligor shall be released from liability pursuant to its performance guaranty, except for that portion sufficient to secure provision of the improvements not yet approved; provided that thirty percent (30%) of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Failure of the governing body to send or provide such notification to the obligor within sixty-five (65) days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guaranty for such improvements.
I. If any portion of the required improvements are rejected, the approving authority may require the obligor to complete such improvements and, upon completion, the same procedure of notification as set forth above in this section shall be followed.
J. Maintenance guaranty. No improvement shall be accepted by the governing body unless and until all of the following conditions have been met:
(1) The Municipal Engineer shall have certified in writing that all the improvements are complete and they comply with this chapter and other applicable ordinances.
(2) The developer has provided a maintenance guaranty to the governing body in an amount equal to fifteen percent (15%) of the cost of improvements and running for two (2) years. Ninety percent (90%) of this total shall be in either certified check, bank money order or surety bond of a bonding company approved by and at the option of the governing body. The remaining ten percent (10%) shall be in a certified check. The maintenance guaranty shall provide a guaranty to replace all work performed and all materials furnished found defective and make good any defects thereof which become apparent during the two-year period in addition to regular maintenance such as curb replacement and repair, cleaning out catch basins and other matters. The maintenance guaranty shall be in a form acceptable to the governing body, Municipal Engineer and Attorney. In the event that other governmental agencies or public utilities will own the utilities or that the improvements are covered by a guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Village for such utilities or improvements.
(3) To obtain release of the maintenance bond the developer shall, after all required maintenance has been completed, apply to the governing body in writing by certified mail, with a copy to the Municipal Engineer, for final inspection of the work. The Municipal Engineer shall, within thirty (30) days of receipt of request for inspection, report in writing to the governing body, indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection.
(4) The governing body shall either approve or reject the improvements and release the maintenance bond or reduce the amount of the maintenance bond or reduce the amount of the maintenance bond, following the same procedures for performance bonds.
See 96A-9, Guaranties and Inspections.
(1) No zoning permit, building permit or certificate of occupancy shall be issued where improvements to a property, sale of land, use of property or subdivision(s) were undertaken in violation of this chapter.
(2) A zoning permit shall be issued simultaneously with or before the issuance of any building permit or certificate of occupancy. Where a building permit is issued, no zoning permit shall be required.
(3) Any lot or building or change in use shall require a certificate of occupancy prior to its use. No certificate shall be issued unless the land, building and use comply with this chapter, all matters incorporated on the approved subdivision or site plan such as streets, drainage, parking and water and sewer service have been completed and certified by the Municipal Engineer and the Building and Health Codes are complied with.
