The applicant shall comply with reasonable conditions laid down by the approving authority for design, dedication, improvements and the use of the land to conform to the physical and economical development of the municipality and to the safety and general welfare of the future residents/owners in the development and the community at large. Where County Planning Board review or approval is required on a subdivision or site plan, the approving authority shall condition any approval it grants upon either timely receipt of a favorable report by the County Planning Board or approval from the County Planning Board due to its failure to submit a report within the required time period. If the county's report is timely and negative or attaches mandatory conditions, the original action by the municipal approving authority shall be void and the application shall be denied and a new resolution shall be adopted which considers the County Planning Board's report.
To assist the applicant in completing initial applications, a copy of the following checklist, attached to this Ordinance as Exhibit A for required submissions on applications to the Planning Board or the Zoning Board of Adjustment shall be given to each applicant. This checklist may be revised by the Board of Commissioners by Ordinance upon the recommendation of the Planning Board or Board of Adjustment which recommendation shall be in Resolution forms.
The approving authority, when acting upon applications for preliminary or minor subdivision approval and preliminary site plan approval, shall have the power to grant such exceptions from the design and performance standards in Article V of this chapter as maybe reasonable and within the general purpose and intent of the provisions for subdivision/site plan review and approval if the literal enforcement of one (1) or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question. (See also 96-5.2 of the Zoning Ordinance of the Village of Ridgefield Park).
The approving authority may waive required notices and hearings for minor and exempt subdivisions and site plans except where a variance or conditional use is part of the application. Divisions of land not considered a subdivision as defined in this chapter shall be exempt from compliance with the requirements of this chapter only after affirmative action by the approving authority. Such action shall be taken following submission of documentation to the approving authority showing the division of land for agricultural purposes where all resulting parcels are five (5) acres or larger in size; divisions by testamentary or intestate provisions; divisions of property by court order; and conveyances so as to combine existing lots by deed or other instrument, as the case may be. Until exempted from the subdivision regulations by the approval authority, no person can transfer, sell or agree to transfer or sell, as owner or agent, any land which forms a part of a subdivision for which approval is required.
The approving authority shall have the power to act upon subdivisions, conditional uses or site plans simultaneously without the developer's making further application or the approving authority's holding further hearings. The longest time period for action by the approving authority, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use or site plan approval is requested by the developer in conjunction with a site plan or subdivision, notice of the hearing on the plat shall include reference to the request for such conditional use. (See 96A-6, Conditional Uses.)
A.site plan approval is required for all developments which do not meet the definition of "site plan, exempt" in 96A-2.2 of the Zoning Ordinance of the Village of Ridgefield Park.
All applications shall be accompanied by plats plus other supporting documents as required for subdivision and site plan approval. (See also 96A-16.)
A. An informal review of a concept plan is optional. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. 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. Neither the developer nor the Planning Board shall be bound by this informal review.
B. Filing procedure. The developer shall file with the administrative officer at least ten (10) days prior to the meeting of the approving authority twelve (12) black and white copies of the informal plat and twelve (12) completed copies of the application form.
C. Action by the approving authority.
(1) The approving authority shall classify the application as a minor or major development within forty-five (45) days of the date of submission or such further time as may be consented to by the applicant. If classified as a minor or exempt subdivision or a minor or exempt site plan, no public hearing need be required except if a variance or conditional use is part of the application. If the approving authority requires any changes prior to resubmitting the plat as a preliminary or final plat, such changes and/or conditions shall be in writing and shall be sent to the applicant.
(2) If the approving authority determines the development may directly or indirectly create an adverse effect on either the property being developed or nearby property, the approving authority may require the developer to revise the plat. Where any remaining portion of the original tract is sufficient to be developed or subdivided further, the developer may be required to submit a plat of the remaining portion to indicate a feasible plan whereby the proposed development, together with subsequent development, will not create, impose, aggravate or lead to any such adverse effect(s).
Preliminary plats are required for all major site plans and major subdivisions.
A. Filing procedure.
(1) The developer shall submit to the administrative officer at least ten (10) days prior to the public meeting of the approving authority twelve (12) black-on-white copies of the preliminary plat; three (3) completed copies of the application form for preliminary approval; two (2) copies of any protective covenants, deed restrictions and easements applying to the land being developed; two (2) copies of the drainage calculations and soil erosion and sediment control data as required in Article V of this chapter; the applicable fee; and certification by the Tax Collector that all taxes are paid to date.
(2) A corporation or partnership applying for permission to subdivide a parcel of land into six (6) or more lots or applying for a variance a construct a multiple dwelling of twenty-five (25) or more family units or for approval of a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least ten percent (10%) of its stock of any class or at least ten percent (10%) of the interest in the partnership, as the case may be. If a corporation or partnership owns ten (10%) or greater interest in a partnership subject to the above disclosure, that corporation or partnership shall list the names and addresses of its stockholders holding ten percent (10%) or more of its stock or ten percent (10%) or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership until the names and addresses of the non-corporate stockholders and individual partners exceeding the ten-percent ownership criterion established in this chapter have been listed. No Planning Board, Board of Adjustment or municipal governing body shall approve the application of any corporation or partnership which does not comply with this requirement of N.J.S.A. 40:55D-48.1. The penalty for concealment by a corporation or partnership shall be as outlined in N.J.S.A. 40:55D48.1.
(3) The application shall include a complete environmental impact report ( 96-35 of the Zoning Code of the Village of Ridgefield Park) or a written request for a waiver of any or all of its requirements. If a waiver is requested, the approving agency shall either approve, approve in part or disapprove the request at the first regular meeting at which the application is heard. The applicant shall provide any required data within fifteen (15) days or at least fifteen (15) days prior to the date the approving authority is required to act, whichever comes first.
B. Action by the Approving Authority.
(1) The approving authority shall accept or reject the submission as a complete application and, if rejected, notify the applicant in writing of the deficiencies within forty-five (45) days of submission.
(2) Public hearing. If accepted as an application, a public hearing date shall be set and notice given.
(3) Upon submission of a plat, the administrative officer shall submit one (1) copy of the plat and supporting data to the County Planning Board, Municipal Engineer, Environmental Commission and any other agency or person as directed by the approving authority for review and action. Each shall have not more than thirty (30) days from receipt of the plat to report to the approving authority. In the event of disapproval, such report shall state the reasons therefor. If any agency or person fails to submit a report within thirty (30) days, the plat shall be deemed to have been approved by it or him. Upon mutual agreement between the County Planning Board and the approving authority, with approval of the developer, the thirty-day period for a County Planning Board report may be extended for an additional thirty (30) days and any extension shall so extend the time within which the approving authority is required to act.
(4) A subdivision of ten (10) or fewer lots shall be granted or denied within forty-five (45) days of the date of a complete submission or within such further time as may be consented to by the developer. With more than ten (10) lots, the approving authority shall grant or deny preliminary approval within ninety-five (95) days of the date of a complete submission or within such further time as may be consented to by the developer. Otherwise, the approving authority shall be deemed to have granted preliminary approval to the subdivision.
(5) The approving authority shall grant or deny preliminary site plan approval within the following time periods unless some further time has been consented to by the developer:
(a) A site plan which involves ten (10) acres or less and ten (10) dwelling units or less; within forty-five (45) days of the date of a complete submission.
(b) A site plan which involves more than ten (10) acres or more than ten (10) dwelling units: within ninety-five (95) days of a complete submission.
(6) If the approving authority required any substantial amendment in the layout of improvements in either a site plan or subdivision and that plan had been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development. The approving authority shall, if the proposed development complies with this chapter, grant preliminary approval.
(7) The approving authority may approve, disapprove or approve with conditions the application, including action on the environmental impact report ( 96-35 of the Zoning Ordinance of the Village of Ridgefield Park). The decision shall be in writing and shall be sent to the applicant and the newspaper as required by 96-14 of the Zoning Ordinance of the Village of Ridgefield Park, Public hearings; notices. If the approving authority grants preliminary approval, its Chairman and Secretary (or the Vice Chairman or Assistant Secretary in their absence, respectively) and Municipal Engineer shall sign each page of the plat, indicating the approval. If the plat is conditionally approved, it shall not be signed until all conditions are corrected on the plat. If the corrections are not completed within ninety (90) days of the conditional approval, the conditional approval shall lapse.
(8) Preliminary approval shall, except as provided in Subsection B (9) below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval; otherwise the approval shall be void:
(a) That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to: use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; any requirements peculiar to site plan approval; except that nothing herein shall be construed to prevent the Village from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
(b) That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary plat.
(c) That the applicant may apply for and the approving authority may grant extensions on such preliminary approval for additional periods of at least one (1) year but not to exceed a total extension of two (2) years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
(9) In the case of a development for an area of fifty (50) acres or more, the approving authority may grant the rights referred to in Subsection B (8) (a), (b) and (c) above for such period of time longer than three (3) years as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and non-residential floor area permissible under preliminary approval, the potential number of dwelling units and non-residential floor area of the section(s) awaiting final approval, economic conditions and the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.
A. Filing procedure.
(1) The developer shall file with the administrative officer at least ten (10) days prior to the meeting of the approving authority the original tracing, one (1) translucent tracing copy, two (2) cloth and twelve (12) black-on-white paper prints of the plat and three (3) complete copies of the application form, two (2) copies of the performance guaranty approved by the governing body, including off-tract improvements, if any, any maintenance guaranties, the applicable fee, certification by the Tax Collector that all taxes are paid to date and certification by the Soil Conservation District pursuant to the Soil Erosion and Sediment Control Act, Chapter 251 of the Laws of 1975.
(2) Where utility services are to be extended to the development, the final plat shall be accompanied by letters directed to the Chairman of the approving authority and signed by a responsible officer of the water company, sewer authority and utility which provides gas, telephone and electricity that has jurisdiction in the area. Such letters shall approve each proposed utility installation design and state who will construct the facility.
(3) The final plat shall be accompanied by a statement by the Municipal Engineer that he is in receipt of a map showing all utilities and other improvements (both in the development and off-tract improvements) in exact location and elevation; that he has examined the street, drainage, erosion, stormwater control and excavation plans and found that the interests of the Village and of nearby properties are fully protected, and identifying those portions of any improvements already installed; and that the developer has either:
(a) Installed all improvements in accordance with the requirements of this chapter and the preliminary plat approval, with a maintenance guaranty accompanying the final plat (see 96-9 of the Zoning Ordinance of the Village of Ridgefield Park); or
(b) Posted a performance guaranty that has been approved by the governing body.
B. Action by the Approving Authority.
(1) The approving authority shall grant final approval if the application conforms to this chapter, the conditions of previous reviews and the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et. seq. In the case of a minor or exempt subdivision or site plan where there has been no previous submission of an informal or preliminary plat, the approving authority may waive the required notices and hearing except where a variance or conditional use is part of the application. In the case of a planned development, the approving authority may permit minimal deviations from the conditions of preliminary plat approval necessitated by change of conditions beyond the control of the developer since the date of the preliminary approval. Minimal deviations shall not require the developer to submit another application for preliminary approval.
(2) Final approval shall be granted or denied within forty-five (45) days after submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. An approved final plat shall be signed by the Chairman and Secretary of the approving authority (or the Vice Chairman or Assistant Secretary in their absence, respectively). Failure of the approving authority to act within the period prescribed shall constitute final approval, and a certificate of administrative officer as to the failure of the approving authority to act shall be issued on request of the applicant. Such certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
(3) Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3 or N.J.S.A. 40:27-6.6, the approving authority shall condition any approval that it grants upon timely receipt of a favorable report from the County Planning Board or upon its failure to submit report within the required time period.
(4) Final approval of a minor subdivision shall expire one hundred ninety (190) days from the date of municipal approval unless a plat in conformity with such approval, including any conditions imposed by the approval, and in conformity with the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et. seq.), or a deed clearly describing the approved minor subdivision, is filed by the developer with the county recording officer, the Municipal Engineer and the Village Tax Assessor. Such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the approving authority (or the Vice Chairman or Assistant Secretary in their absence, respectively). In reviewing the application for development for a proposed minor subdivision, the approving authority may accept a plat not in conformity with the Map Filing Law, provided that if the developer chooses to file the minor subdivision by plat rather than deed, such plat shall conform to the provisions of said law.
(5) Final approval of a major subdivision shall expire ninety-five (95) days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The approving authority may, for good cause shown, extend the period for recording for an additional period not to exceed one hundred ninety (190) days from the date of signing of the plat. No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the approving authority as indicated on the instrument by the signatures of the Chairman and Secretary of the approving authority (or the Vice Chairman or Assistant Secretary in their absence, respectively) or a certificate has been issued as to the failure of the approving authority to act within the required time. The signatures of the Chairman and Secretary shall not be affixed until the developer has posted the required guaranties. If the county recording officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the municipality, the plat shall be expunged from the official records. It shall be the duty of the county officer recording officer to notify the Planning Board in writing within seven (7) days of the filing of any plat, identifying such instrument by its title, date of filing and official number.
(6) Provided the approved final subdivision plat has been filed with the county recording officer, the zoning requirements applicable to the preliminary approval first granted to a site plan or a major subdivision and all other rights conferred upon the developer pursuant to the Municipal Land Use Law, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final approval. If the developer has followed the standards prescribed for final approval, the approving authority may extend such period of protection for extensions of one (1) year, but not to exceed three (3) extensions. Upon granting of final approval, the rights conferred upon the applicant by the granting of preliminary approval shall be terminated upon final approval.
(7) Provided the approved final plat of a minor subdivision has been filed with the county recording officer, the zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of two (2) years after the date of minor subdivision approval.
(8) In the case of a subdivision or site plan for a planned development of fifty (50) acres or more or a conventional subdivision or site plan of one hundred fifty (150) acres or more, the approving authority may grant the rights referred to in Subsection B (6) and (7) above for such period of time longer than two (2) years as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and non-residential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for, and the approving authority may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units and non-residential floor area permissible under final approval, the number of dwelling units and non-residential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
(9) The developer shall supply sufficient copies of the approved final plat so that the administrative officer can distribute one (1) copy to each of the following: Village Clerk, Construction Official, County Planning Board, Tax Assessor and Planning Board and any other agency or person directed by the approving authority; and shall supply one (1) translucent cloth or Mylar copy to the Municipal Engineer.
A. Plat conformity.
All applications shall be submitted in plat form and all plats shall conform to the submission requirements. All plats shall be drawn by a land surveyor and all drawings of improvements shall be prepared by a professional engineer, and all such drawings shall bear the signature, embossed seal, license number and address of the preparer.
B. Informal subdivision plat for review and classification.
An informal subdivision plat shall meet the following requirements and contain the following information:
(1) Clearly and legibly drawn.
(2) Graphic scale of not less than one (1) inch equals one hundred (100) feet.
(3) Existing and proposed street and lot layout, with dimensions, showing that portion proposed for development in relation to the entire tract.
(4) Existing lot lines to be eliminated.
(5) Area of original tract and each proposed lot.
(6) Basic intent for water and sewage treatment.
(7) Contours based on United States Geodetic Survey data.
(8) Existing structures and uses.
(9) All setback lines as well as the shortest distances between buildings and proposed or existing lot lines.
(10) All rivers and drainage rights-of-way, including the direction of flow; the location of all drainage structures; and the approximate location of wooded areas, flood hazard areas and floodway lines, steep slopes, wetlands and swamps. Soil logs are not required. However, where the slope and soil conditions indicate problems may be encountered, soil logs as required for the preliminary plat may be advisable.
(11) Existing and proposed rights-of-way and easements within the adjoining the tract, with sight triangles shown. Proposed access points and parking areas shall be included on site plans.
(12) The Tax Map sheet, block and lot number for the tract and all adjacent lots; a title, including the words: "Informal Plat for Review and Classification": North arrow; space for the application number; the date of the original drawing and the date and substance of each revision.
(13) Zoning districts (s).
(14) The name, address, signature and phone number of the owner, developer and person preparing the plat.
(15) A key map with North arrow showing the entire development and its relation to surrounding areas.
C. Preliminary subdivision plat.
A.preliminary subdivision plat shall meet the following requirements and contain the following information:
(1) Clearly and legibly drawn.
(2) Graphic scale of not less than one (1) inch equals one hundred (100) feet.
(3) Based on certified boundary survey.
(4) Sheet sizes of thirty by forty-two (30 x 42) inches, twenty-four by thirty-six (24 x 36) inches, fifteen by twenty-one (15 x 21) inches or eight and one-half by thirteen (8'/z x 13) inches. If more than one (1) sheet is required to show the entire subdivision, one (1) composite map shall show the entire subdivision with reference to the sheets on which the various sections are shown.
(5) Key map with North arrow showing the entire subdivision in relation to surrounding areas, including the names of principal roads, and at a scale of not less than one (1) inch equals two thousand (2,000) feet.
(6) Title block with the name of the subdivision; the name of the municipality; Tax Map sheet, block and lot number; date of preparation and most recent revision; meridian; North arrow; graphic scale; the names, addresses, phone numbers and signatures of the owner, developer and person(s) who prepared the plat(s), including the seal of the latter; and space for the application number.
(7) The names of all property owners within two hundred (200) feet of the limits of the development as disclosed on the most recent municipal tax records.
(8) Tract acreage to nearest one-thousandth (1/1,000) of an acre; the number of new lots; each lot line dimension scaled to the nearest foot; and each lot area to the nearest square foot.
(9) Existing and proposed contours at two-foot intervals for areas with less than a ten-percent slope, at five-foot intervals for areas with slopes in excess of ten percent (10%). For tracts containing slopes in more than one (1) category, the developer shall show every ten-foot contour with a wider line. In instances where there is more than one (1) slope category or where there is a flat surface, the approving authority may allow some other satisfactory contour intervals and/or additional topographic data to meet the objectives of this section. All elevations shall be related to a bench mark noted on the plan and be based on United States Geodetic Control Survey, mean sea level datum.
(10) Location of existing natural features such as soil types, slopes exceeding ten percent (10%), wooded areas, rock outcroppings, views within the development and the location of individual trees outside wooded areas having a diameter of six (6) inches or more as measured five (5) feet above ground level.
(11) Plans and computations for any storm drainage systems, including existing or proposed storm sewer lines within or adjacent to the development and all required off-site and off-tract drainage improvements, showing size, profile and slope of the lines, direction of flow and the location of each drainage inlet, manhole, culvert and headwall.
(12) Plans, cross sections, center-line profiles, tentative grades and details of proposed and existing utilities and all improvements within street rights-of-way in the tract, including the type and width of street pavement, curbs, sidewalks, bike routes, shade tree planting, all utilities, including water, sewer, gas, electric, telephone and cable television, and facilities such as storm drainage facilities, detention ponds and erosion control. At intersections the sight triangles, radii of curblines, crosswalks, curb ramps and street sign locations shall be shown. Final street naming may be deferred.
(13) The names, locations, widths and purpose(s) of existing and proposed easements, streets and other rights-of-way in the development. The text of any deed restriction shall be included.
(14) The locations and description of all monuments, existing and proposed.
(15) All lot lines that exist and will remain, those proposed and those to be eliminated. All setback lines with dimensions and municipal boundaries, if within two hundred (200) feet, shall be shown. Any lot(s) to be reserved or dedicated to public use shall be identified. Each block shall be numbered and the lots within each block shall be numbered as assigned by the Village Tax Assessor.
(16) Locations of all existing structures and their use(s) in the tract and within two hundred (200) feet, showing existing and proposed front, rear and side yard setbacks, structures of historic significance and an indication of existing structures and uses to be retained and those to be removed.
(17) Utility plans shall show feasible connections to existing or proposed utility systems, with a letter from the serving company stating that service will be available before occupancy of any proposed structures.
(19) An itemization of all improvements to be made on-site, off-site, on-tract and off-tract in accordance with the standards specified in Article V.
D. Final subdivision plat.
A.final subdivision plat shall meet the following requirements and contain the following information:
(1) Clearly and legibly drawn.
(2) Graphic scale of not less than one (1) inch equals one hundred (100) feet unless a larger scale is approved by the Municipal Engineer that is large enough to contain legibly written data on dimensions, bearings and all other details of the boundaries.
(3) Drawn by a licensed land surveyor in compliance with the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.).
(4) Sheet sizes of thirty by forty-two (30 x 42) inches, twenty-four by thirty-six (24 x 36) inches, fifteen by twenty-one (15 x 21) inches or eight and one-half by thirteen (8'/2 x 13) inches. If more than one (1) sheet is required to show the entire subdivision, a separate composite map shall be drawn showing the entire subdivision on one (1) sheet and the sheets on which the various sections are shown.
(5) The submission for final plat approval shall show the following, except that the plat to be filed with the county recording officer need only contain the data required for filing with the county and all other data may be submitted on separate sheets:
(a) Signature blocks for the approving authority, Municipal Engineer and other endorsements required by law.
(b) Tract boundary lines: municipal boundary line if within two hundred (200) feet of the tract being subdivided; street names; all lot lines and other site lines with accurate dimensions, bearing or deflection angles and radii, arcs and chord bearings, with the distances of all curves, all based on an actual survey by a land surveyor licensed to practice in the State of New Jersey minimum building setback lines; and the area of each lot shown to the nearest square foot. All dimensions, both linear and angular, of the exterior tract boundaries shall be based on and calculated from surveyed traversing which shall have an apparent error of field closure of one to ten thousand (1:10,000) or better and shall be corrected by accepted balancing methods to final errorless closure. All final exterior and lot boundaries shall be similarly balanced to final errorless closure.
(c) Block and lot numbers in accordance with established standards and in conformity with the Village Tax Map as approved by the Village Tax Assessor, and all street numbers where appropriate shall be designated as specified by the approving authority.
(6) The final plat shall be accompanied by the following:
(a) A copy of the preliminary plat revised to show all conditions and changes required by the approving authority at the time of preliminary approval.
(b) A statement that the applicant is agent or owner of the land or that the owner has given consent to the development.
(c) Appropriate local, county and state approvals.
