The Planning Board and Zoning Board of Adjustment have the powers specified in Article VI of this chapter. Certain of the respective powers of the Planning Board and Zoning Board of Adjustment overlap as follows:
a. The Planning Board shall have the power to act in lieu of the Zoning Board of Adjustment, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment, on the following matters pursuant to N.J.S.A. 40:55D-60:
1. Grant variances pursuant to N.J.S.A. 40:55D-70c and subsection 30601.10 of this chapter, as part of a subdivision, site plan or conditional use application.
2. Direct, pursuant to N.J.S.A. 40:55D-34, the issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area; as part of a subdivision, site plan, or condition use application.
3. Direct, pursuant to N.J.S.A. 40:55D-35, the issuance of a permit for a building or structure not related to a street; as part of a subdivision, site plan, or condition use application.
b. Whenever relief is requested pursuant to this subsection, any public notice required shall include reference to the request for a variance or direction for the issuance of a permit, as the case may be.
c. The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial impairment of the intent and purpose of the zone plan and zoning ordinances. (Ord. No. 20-1993)
a. The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, site plan, subdivision or conditional use approval when reviewing an application for approval of a variance pursuant to N.J.S.A. 40:55D-70d and subsection 30-602.7d of this chapter, provided, however, that the exercise of this power shall be limited to that lot (or lots) for which a variance is requested, or upon which a proposed variant use, structure or condition is to be situated. The Zoning Board of Adjustment shall also grant any variances pursuant to N.J.S.A. 40:55D-70c and subsection 30-602.7c, of this chapter which may be incidental to the request for "d" variance approval.
b. Whenever the Zoning Board of Adjustment is reviewing an application for preliminary approval of a site plan, subdivision or conditional use in connection with an application for a variance pursuant to N.J.S.A. 40:55D-70d, whether simultaneously or subsequently, public notice shall be required and shall include reference to the request for a variance.
(Ord. No. 20-1993)
All subdivisions are subject to the review procedures specified herein.
Except as herein provided, no Zoning or Construction Permit shall be issued for the erection of or addition to any structure or for the creation of any parking spaces on properties or for the addition of driveways and/or paving on properties or for a change in use for any structure until a site plan has been reviewed and approved by the Board, except that the approval of a site plan shall not be necessary for the construction of or addition to a detached single or two-family dwelling unit used solely for residential purposes and its customary accessory building(s), nor for any building construction which does not require the issuance of a construction permit. Nothing contained herein shall eliminate the obligation to obtain any required permits. (New)
Prior to any change in the form of ownership of a project, such as from an individual to a condominium or homeowners association, the Planning Board shall review and approve the Maintenance and Open Space Agreements.
Prior to any change in use an application must be submitted to the Planning Board for its review and approval. (New)
On request of the applicant, the Board may waive any of the requirements of Article III. The applicant shall submit the request for waiver(s) to the Board Secretary, who shall forward the request to the Board for action at their next meeting. The Board shall act on the waiver(s) requested within the forty-five (45) day time limit for the completeness review. If the request for waiver(s) is granted, the Board shall proceed to review the application on its merits. If the request for waiver(s) is denied, the Board shall declare the application incomplete and request the additional information it needs to process the application. (New)
Prior to the development of a site plan, or the subdivision, resubdivision or consolidation of land and prior to a change in use, an application shall be submitted to and approved by the Planning Board in accordance with the requirements of this Article; except that the development of an individual lot for a detached one dwelling unit building or facade changes shall be exempt from site plan review and approval. In the event the subdivision or site plan application requires action by the Board of Adjustment as provided in this chapter, said application shall be submitted to and processed by said Board which shall act to the same extent and subject to the same restrictions as the Planning Board as set forth in this Article.
As part of the application the applicant shall fill out and submit the application checklist, shown at the end of this section, a copy of which can be obtained from the Board Secretary.
Every application for development shall be accompanied by the appropriate fees and if applicable escrow payable to the Borough in accordance with Article VII of this chapter.
Any expert testifying for an applicant on a development application must submit to the Board a report at least ten (10) days prior to the hearing date. (New)
The procedures and details set forth below constitute the only submission requirements for final approval of minor subdivisions and minor site plans.
a. The applicant shall submit to the Secretary to the Board eighteen (18) copies of the plat prepared in accordance with subsection 30-305.2 below, eighteen (18) copies of the completed application, eight (8) copies of the completed application checklist, and the fees in accordance with Article VII of this chapter. The Secretary to the Board shall process the application and certify the application as complete or notify the applicant in writing of any deficiencies within forty-five (45) days of submission. If the application has been found to be incomplete, it shall be returned to the applicant who may submit an appropriately revised application as in the first instance.
b. Applicant shall submit the application, plans and fee to the County Planning Board for review and action, as required by State statute or this chapter. The applicant shall provide evidence of compliance with this provision, prior to commencement of hearings by the Board.
c. Additional copies of the submission may be requested from the applicant to be forwarded to other individuals, offices, and agencies for information, review and comment. (New)
No plat shall be classified and approved as a minor subdivision unless drawn by a professional engineer or land surveyor licensed to practice in the State of New Jersey. The plat submitted for approval of minor subdivisions shall be based on a property boundary survey by a licensed New Jersey land surveyor drawn at a scale of not more than fifty. (50) feet to the inch on one of the following standard size sheets: eight and one-half by thirteen (8-1/2 x 13) inches, fifteen by twenty-one (15 x 21) inches or twenty-four by thirty-six (24 x 36) inches, to enable the entire tract to be shown on one (1) sheet unless an alternate size is approved by the Borough Engineer. The plat shall show or include the following information:
a. A key map of the proposed development showing all roads and streets within one-half () mile of the proposed development boundaries at a scale of one (1) inch equals not more than two thousand (2,000) feet.
b. Title Block.
1. Name of development, municipality and county.
2. Name and address of developer.
3. Scale.
4. Date of preparation.
5. Name and address of person(s) preparing the application, and signature, date, seal, and license number.
c. Name and address of owner or owners of record, and the authorized agent, if any.
d. Signature of the applicant, and, if the applicant is not the owner, the signed consent of the owner.
e. Graphic scale and north arrow.
f. Revision box and date of each revision.
g. Existing block and lot number(s) of the lot(s) to be developed as they appear on the municipal tax map.
h. A map of the entire tract or property showing the location of that portion to be subdivided or developed, giving all distances and showing all public or private rights-of-way, easements and roads abutting or transversing the property. Development boundaries shall be clearly delineated.
i. The name of all adjoining property owners as disclosed by the most recent Borough tax records.
j. Any municipal limits within two hundred (200) feet of the development and the names of adjoining municipalities.
k. The location of existing and proposed property lines, streets, buildings (with an indication as to whether existing buildings will be retained or removed), parking spaces, loading areas, driveways, watercourses, railroads, bridges, culverts, drain pipes, and any natural features and treed areas, both within the tract and within two hundred (200) feet of its boundary.
l. Area in square feet of all existing and proposed lots.
m. Bearings and distances of all sides and indication of any existing reference corners in the tract. (Bearings to the nearest thirty (30) seconds, distance to the nearest 100th of a foot, error of closure 1/10,000 minimum). All bearings shall be in the New Jersey Plane Coordinate System.
n. Sufficient elevations or contours to determine the general slope and natural drainage of the land and the high and low points on the subject parcel and adjacent properties.
o. All streets as shown on the Official Map or Master Plan whenever they lie within the development or within two hundred (200) feet of it.
p. The location and width of all existing and proposed utility and drainage easements. Where a proposed or potential new building site is to be established, plans for water supply, sewage disposal and storm drainage shall be submitted. When an individual water supply and/or sewage disposal system is proposed, the plan for such system must be approved by the appropriate local, County or State agency. When a public sewage disposal system is not available, the developer shall have two (2) percolation tests per lot made and shall have such tests approved by the Board of Health and shall submit the results of such approved tests with the minor subdivision plat.
q. Zone district boundaries.
r. Proposed buffer and landscaped areas, including types and sizes of plantings, and planting, staking and mulching details.
s. Delineation of floodplain and wetlands areas.
t. Any protective convenants or deed restrictions applying to the lands being developed.
u. A sketch of the proposed layout or disposition of remaining lands, if any.
v. For plats involving a corner lot or lots, the required sight triangle easement(s).
w. If the applicant intends to file by deed(s) record of the approved subdivision with the County Recording Officer, the following signature block shall be provided on the deed(s):
APPROVED BY THE ROSELAND BOROUGH PLANNING BOARD
___________________________________ ______________________________
Planning Board Chairman Date
___________________________________ ______________________________
Planning Board Secretary Date
x. If the applicant intends to file the plat as record of the approved subdivision with the County Recording Officer, the plat shall be prepared in compliance with the "Map Filing Act" N.J.S.A. 46:23-99 et seq. and bear the signature block noted in paragraph w.
No application shall be deemed complete unless all fees required at the time of submission have been paid and certification from the Tax Collector that all taxes and assessments for local improvements on the property have been paid to date.
The plan submitted for approval of a minor subdivision shall be of sufficient detail and the application contain sufficient information so as to allow the Board to make an informed decision regarding the application.
a. The Board shall take action on minor subdivision and minor site plan applications within forty-five (45) days after the certification by the Secretary to the Board of the submission of a complete application or within such further time as may be consented to in writing by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval.
b. Any proposed development plan, determined by the Board to be creating, imposing, aggravating or leading to the possibility of an adverse effect upon either the property in question or upon adjacent properties, may be required to be revised to remove such adverse effect(s) prior to further review, classification or approval by the Board, providing that the time period required for action by the Board is not extended unless such extension is consented to in writing by the applicant. Where the remaining portion of the original tract is of sufficient size to be developed further, the applicant may be required to submit a sketch of the entire remaining portion of the tract to indicate a sketch plan whereby the development plan under review, together with any subsequent development plans that may be submitted, will not create, impose, aggravate or lead to any such adverse effects.
c. If an application for development is approved as a minor subdivision, a notation to that effect, including the date of decision, shall be made on the master copy of the plat. At least one (1) mylar sepia of the plat shall be signed by the Chairman and the Secretary to the Board (or acting Chairman or Secretary where either or both may be absent). No further approval of the application shall be required. In the event the same is disapproved by the Board, the Secretary to the Board shall, within seven (7) days of the adoption of a resolution memorializing the disapproval send a copy of the resolution to the applicant.
d. In acting on the application, the Board shall condition any approval upon the appropriate action of the County Planning Board, and any other required governmental approvals.
Within one hundred ninety (190) days from the date of decision approving a minor subdivision, a plat map drawn in compliance with the Map Filing Act N.J.S.A. 46:239.9 et seq. and/or deed description(s) shall be filed by the applicant with the County Recording Officer. Unless filed within the one hundred ninety (190) days, the approval shall expire and the plat will require Board approval as in the first instance.
The Planning Board may extend the one hundred ninety (190)-day filing period, if the developer proves to the reasonable satisfaction of the Board that (1) he was prevented from filing because of delays in obtaining other required governmental approvals and (2) he applied promptly for and diligently pursued these approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals. The developer may apply for the extension either before or after the expiration of the one hundred ninety (190) day period.
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 by the Board, provided that the approved development plan shall have been duly recorded as provided in this section. The Board shall grant an extension of this period, not to exceed one (1) year from the date of expiration, if the developer proves to the reasonable satisfaction of the Board, that he was prevented from proceeding because of delays in obtaining other required government approvals, for which he applied promptly and diligently pursued. A developer shall apply for this extension either before the expiration date of the approval or before the ninety-first (91st) day after the date on which he received the last of the required approvals whichever occurs later.
(Ord. No. 20-1993)
The Secretary to the Board shall distribute copies as follows
Municipal Clerk (1)
Engineer (1)
Tax Assessor (1)
County Planning Board (1)
Planning Board File (1)
Fire (1)
Police (1)
Shade Tree Commission (1)
