26-6 FINAL APPROVAL OF MAJOR SUBDIVISIONS.
26-6.1 Submission of Application.

An application shall be submitted to the approving authority Secretary, in writing, in duplicate, on forms supplied by the authority. Receipt of an application for final subdivision approval shall be filed no less than twenty-one (21) days prior to the regular meeting date of the approving authority. Required fees, as provided in Section 26-3, shall be submitted with the application form. The application shall be accompanied by a completed Historic Sites Committee Data Sheet. (Ord. #594; 1976 Code § 154-18; Ord. #921)

26-6.2 Plat Requirements.

a The application shall be accompanied by eighteen (18) copies of the proposed final subdivision. The plat shall not differ substantially from the approved preliminary plat.

b. Final Plat Details. The final plat shall be drawn in ink on tracing cloth at a scale of not less than one WI inch to one hundred (100' feet and in compliance with all the provisions of the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.). The final plat shall show or be accompanied by the following:

1. Date, name and location of the subdivision, name of owner, graphic scale and reference meridian.

2. Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines and other site lines with accurate dimensions, bearings or deflection angles, radii, arcs and central angles of all curves and area of each lot.

3. The names, exact locations and widths of all existing and recorded streets intersecting or paralleling the plat boundaries within a distance of two hundred (200') feet.

4. The purpose of any easement or land reserved or dedicated to public use shall be designated, and the proposed use of sites, other than residential, shall be noted.

5. Lot, block, and street numbers, as approved by the Township Engineer, including lot and block numbers of abutting property.

6. Minimum building setback line on all lots and other sites.

7. Location and description of all monuments.

8. Names of owners of adjoining unsubdivided land.

9. Certification by surveyor as to accuracy of details of plat.

10. Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.

11. When approval of a plat is required by any other officer or body of a Municipality, County or State, such approval shall be certified on the plat or evidence shall be submitted that an application has been made for such approval.

12. A proposed grading plan of the subdivision, prepared at a scale of not less than one (1") inch to fifty (50') feet, showing the proposed layout of the subdivision, all proposed streets and improvements, all proposed floor elevations of all existing and proposed buildings and all proposed ground elevations within the entire subdivision to ensure proper drainage within the subdivision, and further to ensure that no adverse condition would be created to the adjoining properties as a result of the proposed subdivision.

13. Proposed final grades of all streets shall be shown at a scale of one (1") inch equals five (5') feet vertical and one (1") inch equals fifty (50') feet horizontal, on sheets twenty-two by thirty-six (22" x 36") inches, and drawings shall include both plans and profiles and shall show elevations of all monuments, referred to United States Coast and Geodetic Survey level bench marks, and such elevations shall be shown in feet and hundredths of a foot.

14. Plans and profiles of storm and sanitary sewers and water mains.

15. Certificate from the Tax Collector that all taxes are paid to date.

16. Written proof that the lands set aside or shown for easement, public use or streets are free and clear of all liens and encumbrances. (Ord. #594; Ord. #858; 1976 Code § 154-19)

26-6.3 Procedural Requirements for Final Approval.

a. Final Subdivision Plat Review.

1. The applicant shall submit the completed application and maps and the payment of all required fees to the administrative officer, who shall submit copies of same to:

(a) Engineer.

(b) Board of Health.

(c) Water and Sewer Consultants.

(d) Shade Tree Commission.

(e) Environmental Commission.

(f) Planning Consultant.

(g) Fire Prevention Bureau.

(h) Chief of Police.

2. The persons and boards shall make recommendations, in writing, to the approving authority within forty-five (45) days of the application submission.

b. Determination as to Compliance. The Township Engineer and planner and the approving authority attorney shall advise the approving authority of the following:

1. The nature of the improvements to be required as a condition of final approval.

2. The estimated value of the improvements installed or to be installed.



3. The nature and amount of performance guaranties, if any, to be required as a condition of final approval.

4. The provisions of open space reservation or dedication and the standards for open space organizations.

5. The effects, if any, of valuation, assessment and taxation of the Farmland Assessment Act.

6. The findings and compliance of all provisions under planned development status.

7. The amounts to be deposited to reimburse the approving agency and Township for costs incurred or to be incurred for legal, engineering, planning and other professional reviews and work, for recording fees and for any other costs anticipated by the approving agency.

8. The amounts to be deposited for water capacity charges.

9. Any other conditions upon which final approval will be granted or conditioned.

c. Applicant's Responsibilities. The applicant shall be required to submit the following for the approving authority approval:

1. A developer's agreement, prepared by the approving authority attorney, setting forth the obligations of the applicant in connection with the final approval.

2. A performance guaranty, in a form satisfactory to the approving authority and Township, complying with Section 26-7 of this Chapter, and guaranteeing performance of the developer's agreement.

3. Maintenance guaranties, if any, for work completed prior to final approval.

4. Deeds for any easements, rights-of-way or public lands in a form satisfactory to the approving authority and Township attorneys.

5. Funds to be deposited to reimburse the approving agency and Township for costs incurred or to be incurred for legal, engineering, planning and other consultant reports, for recording fees, for costs arising from revisions to the Municipal tax maps, and for any other costs anticipated by the Board.

6. Evidence of compliance with any other conditions imposed by the Board.

7. Proof of payment of taxes and assessment as established in subsection 26-5.8, paragraph c.

d. County Planning Board and Other Governmental Agency Approvals. Any final approval required for County subdivision approval or by other governmental agencies shall be submitted by the applicant to the Bergen County Planning Board or other governmental agencies for review and approval. The approving authority may condition any approval that it may grant upon the timely receipt of a favorable report on the application by the County Planning Board or other governmental agency or approval by the County Planning Board or other governmental agency by its failure to report thereon within the required time period.

e. Approving Authority Action.

1. Final approval shall be granted or denied within forty-five (45) days after submission of a complete and perfected application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the approving authority to act within the period prescribed shall constitute final approval, and a certificate of the Township Clerk as to the failure of the approving authority to act shall be issued at the request of the applicant and it shall be sufficient, in lieu of the written endorsement or other evidence of approval, and shall be so accepted by the County recording officer for purposes of filing subdivision plats.

2. Upon final approval by the approving authority and after all required signatures are placed on the original tracing, the administrative officer shall request the applicant to prepare one (1) cloth print and one (1) Mylar reproducible and fifteen (15) copies made of such final plat as approved and to file a copy thereof with each of the following:

(a) Administrative officer.

(b) Approving authority engineer.

(c) Tax Map coordinator.

(d) Planning Consultant.

(e) Construction Official.

(f) Tax Assessor.

(g) Township Clerk.

(h) Water and Sewer Consultants.

(i) Board of Health.

(j) Superintendent of Public Works.

(k) Shade Tree Commission.

(1) Environmental Commission.

(m) Police Chief.

(n) Fire Prevention Bureau.

3. In addition to all other maps required, the approving authority shall request the applicant to prepare one (1) reproducible and three (3) copies of a map of the subject property depicting the proposed subdivided lots and the proposed contiguous property lines accurately drawn and certified by a licensed land surveyor at a scale equal to the scale at which the subject property is depicted on the applicable page or pages or overlays of the current Municipal tax map.

4. In addition to all other maps required, the approving authority shall require the applicant to prepare and submit one (1) reproducible and three (3) copies of a revised Official Municipal Street Map depicting the proposed new roadways accurately drawn and certified by a licensed land surveyor at a scale equal to the scale at which the subject property is depicted an the current municipal street map.

**Webmaster's Note: The previous subsection has been amended as per Ordinance No. 1196; April 13, 1995.

f. Final Subdivision Approval Plats; Filing.

1. Final subdivision approval 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 applicant with the County recording officer. The approving authority may, for good and sufficient cause shown, extend the period of recording for an additional period not to exceed one hundred ninety (190) days from the date of signing the plat.

2. 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 signature of the Chairman and Secretary of the approving authority or a certificate has been issued pursuant to Chapter 291 of the Laws of 1975. The signature of the Chairman and Secretary of the approving authority shall not be affixed until the developer has posted the guaranties required pursuant to Section 26-7 of this Chapter. If the County recording officer records any plat without such approval, such recording shall be deemed null and void; and, upon request of the Township, the plat shall be expunged from the official records.

3. It shall be the duty of the County recording officer to notify the approving authority, in writing, within seven (7) days of the filing of any plat, identifying such instrument by its title, date of filing and official number. (Ord. #594; 1976 Code § 154-20; Ord. #1169, § I)

26-6.4 Effect of Final Approval.

a The zoning requirements applicable to the preliminary subdivision approval first granted and all other rights conferred upon the applicant pursuant to subsection 265.9 of this Chapter, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final approvals, provided that the rights conferred by this section shall expire if the plat has not been duly recorded within the required time period. If the applicant has followed the standards prescribed for final approval and has duly recorded the plat as required, the approving authority may extend such period of protection for extensions of one (1) year, but not to exceed three (3) extensions. Notwithstanding any other provisions of this Chapter, the granting of final approval terminates the time period of preliminary approval, pursuant to subsection 26-5.9 of this Chapter, for the section granted final approval.

b. In the case of a subdivision or site plan for a planned development or planned residential development or residential cluster of fifty (50) acres or more or conventional subdivision for one hundred fifty (150) acres or more, the approving authority may grant the rights referred to in paragraph a. for such period of time longer than two (2) years as shall be determined by the approving agency to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the economic conditions and the comprehensiveness of the development. The applicant may apply thereafter, 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 nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, the economic conditions and the comprehensiveness of the development (Ord. #594; 1976 Code § 154-21)