[Amended 8-23-2022 by Ord. No. 5739]
There is hereby established in connection with various applications
for development and other matters which are the subjects of this chapter
the following schedule of fees:
A.
Subdivisions and site plans.
(1)
Each application for subdivision or site plan approval shall
be accompanied by both a filing fee and a technical review fee as
provided below. The filing fee is a nonreturnable flat fee to cover
administrative expenses. The technical review fee is established to
cover the costs of legal, engineering and other professional service
connected with the review of the application. Each deposit for technical
review fees shall be held by the Township in a trust account separate
from the general funds of the Township and separate from any other
such account. Sums not utilized in the review process shall be returned
to the applicant. If additional sums are deemed necessary, the applicant
shall be notified as to the required additional amount and shall add
such sum to the trust account.
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Type of Application
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Filing Fee
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Technical Review Fee
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|---|---|---|
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Concept plan
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$100
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$100
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Minor subdivision
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Simple lot line change
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$150
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$1,500
|
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Other
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$250, plus $50 per lot
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$2,000
|
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Major subdivision
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Preliminary plat
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$500, plus $50 per lot
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$2,500 plus $100 per lot
|
|
Final plat
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$250, plus $25 per lot
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$1,000 plus $50 per lot
|
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Site plans
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Minor (Nonresidential)
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$250, plus $50 per 1,000 square feet of gross nonresidential
floor area
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$40 per 100 square feet of floor area or fraction thereof; with
a total minimum fee of $2,000
|
|
Major preliminary (conventional)
|
$350, plus $50 per 1,000 square feet of gross nonresidential
floor area
|
$30 per 1,000 square feet of lot area or fraction thereof; $30
per 1,000 square feet of floor area or fraction thereof; with a total
minimum fee of $2,000
|
|
Major final (conventional)
|
$250, plus $25 per 1,000 square feet of gross nonresidential
floor area
|
$30 per 1,000 square feet of lot area; $30 per 1,000 square
feet of floor area, with total minimum fee of $1,000
|
|
Preliminary (multifamily)
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$350, plus $50 per unit
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$200 per dwelling unit, with a total minimum fee of $2,000
|
|
Final (multifamily)
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$250, plus $25 per unit
|
$100 per dwelling unit, with a total minimum fee of $1,000
|
|
Variance application (residential)
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$250
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$1,500
|
|
Site plan waiver
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$500
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$1,000
|
(2)
Requests for concurrent approvals: combined fees.
B.
Conditional uses: $150, plus applicable subdivision or site plan
fee.
C.
Variances and appeals.
(1)
Appeals from decisions of a Construction Code Official or Zoning Official pursuant to § 170-409: $200.
(2)
Interpretation of Zoning Map or zoning regulations or for decisions on other special questions pursuant to § 170-408B: $300.
(3)
Variances pursuant to § 170-408C from lot area, lot dimensional, setback and yard requirements: $200 per variance.
(5)
Direction pursuant to § 170-408F(1) for 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 reserved on an Official Map: $250.
(6)
Direction pursuant to § 170-408F(2) for issuance of a permit for a building or structure not related to a street: $200.
D.
Where one application for development includes more than one approval
request, the sum of the individual required fees shall be paid.
E.
If an applicant desires a certified court reporter, the cost of taking
testimony and transcribing it and providing a copy of the transcript
to the Township shall be at the expense of the applicant, who shall
also arrange for the reporter's attendance.
F.
Applications for zone change or amendment to Land Development Chapter
requests to the Planning Board shall be on an application form furnished
by the Planning Board, which shall be accompanied by an application
fee of $250. The Planning Board, at its discretion, may direct the
furnishing of the technical review fee applicable to the specific
request.
[Amended 8-23-2022 by Ord. No. 5739]
A.
Installation of improvements or guaranty prior to grant of final
subdivision approval. Prior to the filing of an application for final
subdivision approval, the applicant shall have installed the improvements
required under the supervision and inspection of the Township Engineer
unless the applicant has furnished to the Township a performance guaranty
in an amount approved by the Planning Board to assure the installation,
on or before a date approved by the Board, of all improvements required
for the whole or any section of the subdivision tract which are not
already inspected and approved by the Township Engineer.
B.
Installation of improvements or guaranty prior to grant of final
site plan approval. Prior to the filing of an application for final
site plan approval, the applicant shall have installed any on-tract
or on-site improvements required under the supervision and approval
of the Township Engineer unless the applicant has furnished the Township
with a performance guaranty in an amount approved by the Planning
Board to assure installation on or before a date approved by the Planning
Board; provided, however, that the Planning Board may waive this requirement
with respect to any improvements in which the public does not have
sufficient interest to warrant such a guaranty in order to insure
completion as a condition for issuance of a construction permit.
C.
Amount of performance guaranty. The performance guaranty shall be
in favor of the Township of Union in an amount equal to 120% of the
cost of such improvements, as estimated by the applicant and approved
by the Township Engineer. Ten percent of the performance guaranty
shall be in the form of cash or a certified check made payable to
"Township of Union." The governing body shall pass a resolution either
approving or adjusting this performance guaranty. The performance
guaranty shall be developed as noted below:
(1)
Publicly dedicated improvements. Only publicly dedicated streets,
pavement, gutters, curbs, sidewalks, streetlighting, street trees,
surveyor monuments, water mains, sanitary sewers, community septic
systems (not private septic systems), drainage structures, public
improvements of open space, and any grading necessitated by any of
the foregoing public improvements are to be included within the amount
of the performance guaranty.
(2)
Perimeter landscape buffers. The Township requires that perimeter
landscape buffer be bonded. Such landscape buffer area shall be 15
feet wide along the property line consisting of a staggered, double
row of six-foot-high evergreens. Landscaping that is located within
the interior of the site that is privately owned and maintained shall
not be bonded.
(3)
Safety and stabilization cost. The cost may be posted as part
of the performance guaranty or as a separate guaranty. The purpose
is to provide the Township with a source of funds to protect the public
from access to an unsafe or unstable condition on site. The amount
of the guaranty is $5,000 when the bonded improvements are $100,000
or less. If the bonded improvements are over $100,000, then the amount
is $5,000 for the first $100,000 and 2.5% of the bonded improvement
cost in excess of $100,000 up to $1,000,000, plus 1% of the bonded
improvement costs in excess of $1,000,000. This guaranty, if not included
within the overall performance guaranty, must be released by the Township
once the Township Engineer deems the site safe for public occupancy.
Additionally, the Township can only call the safety/stabilization
cost guaranty after site work has stopped for a period of 60 days
or longer and the Township has sent a default notice via certified
mail to the developer.
(4)
Temporary certificate of occupancy (or "TCO") guaranty. Developers
have the option of posting a TCO guaranty allowing them a TCO for
the project. Upon posting a TCO guaranty, the Township shall release
the existing performance guaranty or safety/stabilization cost guaranty
leaving the TCO guaranty to bond just the improvements (detailed above)
that have not yet been completed. The bond is held until a permanent
certificate of occupancy is obtained. The Township Engineer will determine
if a TCO can be issued based on the extent of the remaining bonded
work needed to render the public space safe.
D.
Ownership of utilities by other agencies. In the event that other
governmental agencies or public utilities will automatically own the
utilities to be installed or that the improvements are covered by
a performance guaranty to another governmental agency, no performance
guaranty shall be required by the municipality for such utilities
or improvements; provided, however, that the municipality may require
evidence that the developer has paid to any such other governmental
agency or public utility any charges which are required for installation,
including any refundable deposits.
E.
Approval by attorney. The applicant shall present two copies of the
performance guaranty for approval as to form and execution by the
Attorney for the Township of Union. The Township Attorney for the
Board shall notify the Secretary of the Planning Board prior to the
meeting that the performance guaranty is properly executed and can
be added to the agenda.
F.
Guaranty completion date. The performance guaranty shall run for
a term not to exceed two years from the date of final approval. With
the consent of the principal and any surety, the time allowed for
the completion of improvements may be extended by the governing body
by resolution. The Planning Board shall have a thirty-day period in
which to comment upon any proposed extension. 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 120% of the cost of the installation of the remaining improvements,
as determined as of the time of the passage of the resolution.
G.
Reduction in performance guaranty. The amount of a performance guaranty
may be reduced in accordance with the provisions of N.J.S.A. 40:55D-53.
[Amended 8-23-2022 by Ord. No. 5739]
Prior to any construction and coincident with the furnishing
of the performance guaranty by the developer, there shall be executed
an agreement between the developer and the Township of Union, incorporating
all of the terms and conditions of approval imposed by the Planning
Board.
[Amended 8-23-2022 by Ord. No. 5739]
A.
All improvements and utility installations shall be inspected during
the time of their installation, under the supervision of the Township
Engineer, to insure satisfactory completion. The cost of said inspection
shall be the responsibility of the owner, and he shall deposit with
the Township Treasurer, for placement in a special trust fund account,
a sum equal to 5% of the costs of the combined publicly dedicated
site improvements that are the subject of the performance guaranty
and the private site improvements that are not subject to the performance
guaranty. If inspection costs exceed such fund, the owner shall deposit
with the Township Treasurer additional sums upon written notice via
certified mail from the Township Engineer explaining the reasons for
additional inspection escrow. Inspections will not be interrupted
when the escrow account is depleted. However, the developer must post
the additional escrow within 10 days of being provided notice. The
Township Treasurer shall return any balance of the inspection deposit
to the owner upon expiration of the maintenance bond, together with
the paid invoices for all expenses charged, except that the inspection
fee shall in no case be less than $100.
B.
In no case shall any paving work (including prime and seal coats)
be done without permission from the Township Engineer's office. At
least two days' notice shall be given to the Township Engineer's office
prior to any such construction so that the person or a qualified representative
may be present at the time the work is to be done.
C.
The Township Engineer's office shall be notified after each of the
following phases of the work has been completed so that the person
or a qualified representative may inspect the work.
D.
A final inspection of all improvements and utilities will be started
within 10 days' notification by the subdivider to determine whether
the work is satisfactory and in agreement with the approved final
drawings and the Township specifications. The general conditions of
the site shall also be considered. Upon a satisfactory final inspection
report, action will be taken to release or declare in default the
performance guaranty covering such improvements and utilities.
E.
Inspection by the Township of the installation of improvements and
utilities shall not operate to subject the Township to liability for
claims, suits or liability of any kind that may at any time arise
because of defects or negligence during the construction or at any
time thereafter, it being recognized that the responsibility to maintain
safe conditions at all times during construction and to provide proper
utilities and improvements is upon the owner and his contractors,
if any.
F.
After completing the construction of the public improvements covered
by the performance guaranty, the subdivider shall prepare a set of
the approved public improvement and utility plans and the profiles
on Mylar or linen amended to read "as-constructed" and apply to the
Township Engineer for final inspection of the work. The Township Engineer
shall report to the governing body on the condition of the work and
recommend that the performance guaranty be released, extended or declared
in default.
G.
After completing the construction of the site improvements delineated
on the approved final plan the applicant shall apply to the Township
Engineer for final inspection and approval of the work. The applicant
shall also file a written certification and two copies of an as-constructed
site plan, prepared by a New Jersey licensed professional engineer
or architect, indicating that all site improvements have been constructed
in accordance with the approved plan, as follows:
|
I HEREBY CERTIFY ALL SITE IMPROVEMENTS DELINEATED HEREON HAVE
BEEN CONSTRUCTED IN ACCORDANCE WITH THE APPROVED FINAL SITE PLAN WITH
THE FOLLOWING EXCEPTION(S):
| |
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(None or List)
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Signature
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N.J. License No.
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EMBOSSED SEAL
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Date
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[Amended 8-23-2022 by Ord. No. 5739]
The approval of any application for development by the Township
shall be in no way construed as acceptance of any street or drainage
system or any other improvement, nor shall such approval obligate
the Township in any way to maintain or exercise jurisdiction over
such street or drainage system or other improvement. No improvement
shall be accepted by the governing body unless and until all of the
following conditions have been met:
A.
The Township Engineer shall have certified in writing that the improvements
are complete and that they comply with the requirements of this chapter;
B.
The final application for development shall have been approved by
the Board; and
C.
The owner shall have filed with the governing body a maintenance
guaranty in an amount equal to not more than 15% of the original estimate
of the cost of installing the bonded improvements, plus the cost of
maintaining private stormwater management facilities (including basins,
inflow and water quality structures within the basins, and the outflow
pipes and structures). The maintenance guaranty shall run for a period
of two years, at which point it will be automatically released. The
procedures and requirements governing such maintenance guaranty shall
be identical with the procedures and requirements for a performance
guaranty set forth in this chapter. The requirements for a maintenance
guaranty may be waived by the governing body only if the Township
Engineer has certified that the improvements have been in continuous
use for not less than two years from the date the Township Engineer
certified completion of such improvements and that, during this period,
the owner has maintained the improvements in a satisfactory manner.
[Amended 8-23-2022 by Ord. No. 5739]
A.
Construction Code Official/Secretary of the Board of Adjustment.
Except as otherwise herein provided, the Construction Code Official/Secretary
of the Board of Adjustment of the Township shall administer and enforce
the provisions of this chapter. No structure shall be erected until
a construction permit is obtained from the Construction Code Official/Secretary
of the Board of Adjustment, and no structure or lot shall be used
in violation of this chapter. It shall be the duty of the Construction
Code Official/Secretary of the Board of Adjustment to keep a record
of all applications and all construction permits which are either
issued or denied, with notations of any condition involved, which
data shall form a part of the Township public records. A duplicate
copy of all construction permits issued shall be filed with the Tax
Assessor. It shall be the duty of the Construction Code Official/Secretary
of the Board of Adjustment to inspect the structures and land in the
Township and order the owner, in writing, to remedy any condition
found to exist in violation of any provision(s) of this chapter.
B.
Construction permits. Plans which have been submitted to and approved
by the Planning Board or the Board of Adjustment must bear the stamp
of approval of the appropriate agency and must be accompanied by an
affidavit of no change when the application for a building permit
is submitted to the Construction Code Official/Secretary of the Board
of Adjustment. Every application for a construction permit shall be
accompanied by four sets of plans drawn in ink or a blueprint showing
the actual shape and dimensions of the lot to be built upon, the exact
location, size and height of all existing and proposed structure(s),
the existing or intended use of each structure, the number of dwelling
units the structure is designed to accommodate, the number and location
of off-street parking spaces and off-street loading areas and such
other information with regard to the lot and neighboring lots as may
be necessary to determine and provide for the enforcement of this
chapter. A construction permit shall be granted or denied within 10
days from the date of a complete application unless additional time
is agreed upon, in writing, by the applicant. One copy of such plans
shall be returned to the owner when such plans shall have been approved
or denied by the Construction Code Official/Secretary of the Board
of Adjustment, together with such permits as may be granted. All dimensions
shown on these plans relating to the location and size of the lot
to be built upon shall be based on an actual survey of the lot by
a licensed land surveyor in the State of New Jersey. The lot and the
location of the structure(s) thereon shall be staked out on the grounds
before construction is started. No construction permit shall be issued
for any structure until prior site plan, subdivision and variance
approvals as may be necessary have been granted by the appropriate
municipal agency or municipal agencies in accordance with the provisions
of this chapter.
C.
Certificate of occupancy.
(1)
It shall be unlawful to use or permit the use of any structure
or part(s) thereof, either occupied by a new use or occupant or hereafter
erected, altered, converted or enlarged, wholly or in part, until
a certificate of occupancy shall have been issued by the Construction
Code Official/Secretary of the Board of Adjustment. It shall be the
duty of the Construction Code Official/Secretary of the Board of Adjustment
to issue a certificate of occupancy only when he is satisfied that
the structure or part(s) thereof and the proposed use conform to this
chapter and all other applicable codes and ordinances of the Township.
This section shall not be applicable to the resale of or transfer
of existing one- or two-family residential dwellings.
(2)
A certificate of occupancy shall be granted or denied, in writing,
within 10 days from the date that a written notification is filed
with the Construction Code Official/Secretary of the Board of Adjustment
that the erection of the structure is completed, unless additional
time is agreed upon by the applicant, in writing.
(3)
Should the Construction Code Official/Secretary of the Board
of Adjustment decline to issue a certificate of occupancy, his reason
for doing so shall be so stated on two copies of the application,
and one copy shall be returned to the applicant.
(4)
Upon notices being served of any condition found to exist in
violation of any provision(s) of this chapter with respect to any
land use, the certificate of occupancy for such use shall thereupon,
without further notice, be null and void, and a new certificate of
occupancy shall be required for any further use of such structure
or land.
(5)
A duplicate copy of all certificates of occupancy shall be filed
with the Tax Assessor. A record of all certificates of occupancy shall
be kept in the office of the Construction Code Official/Secretary
of the Board of Adjustment, and copies shall be furnished on request
to any person having a proprietary or tenancy interest in the structure
or land affected. The charge for each copy shall be established by
ordinance of the governing body, except that there shall be no charge
to a municipal agency.
[Amended 8-23-2022 by Ord. No. 5739]
In case any building or structure is erected, constructed, reconstructed,
altered, moved or converted or in case any building, structure or
land is used, converted or constructed in violation of any resolution
adopted by either the Planning Board or Board of Adjustment or in
violation of or contrary to any provisions of this chapter, the Township
may institute an action to enjoin or any other appropriate action
or proceeding to prevent such erection, construction, reconstruction,
alteration, conversion or use. However, nothing in this chapter shall
be construed to restrict the right of any party to obtain a review
by any court of competent jurisdiction according to law.
[Amended 8-23-2022 by Ord. No. 5739]
A.
Any person, firm or corporation that shall violate any provisions
of this chapter shall, upon conviction thereof by any court authorized
by law to hear and determine the matter, be fined such sum not exceeding
$1,000 as such court, in its discretion, may impose, or, if the party
so convicted is a natural person, such person may be imprisoned for
such term not exceeding 90 days as such court, in its discretion,
may impose or be fined a sum not exceeding $1,000, as such court,
in its discretion, may impose, or such natural person may be both
imprisoned and fined, not exceeding the maximum limits set forth herein,
as such court, in its discretion, may impose. Each day that such violation
exists shall constitute a separate offense.
B.
The owner of any building or structure, lot or land, or part thereof,
and/or the tenant or occupant of any building or structure, lot or
land, or part thereof, where anything in violation of this chapter
shall be placed or shall exist or be suffered, allowed or permitted
to exist, and any architect, builder, developer, contractor, agent,
person or corporation engaged in connection therewith and who assists
in the commission of any such violation, shall each be guilty of a
separate violation and, upon conviction thereof, shall each be liable
to the fine or imprisonment, or both, specified above.
