A.
Before approving a subdivision or site plan, the municipal
agency shall require that streets, public drainageways, flood control
basins and public areas designated for reservation on the Master Plan
or Official Map must be shown on the plat in locations and sizes suitable
to their intended uses. The municipal agency may reserve the location
and extent of such streets, ways, basins or areas shown on the plat
for a period of up to one year after the approval of the final plat
or within such further time as may be agreed to by the developer.
Unless during such period or extension thereof the Township shall
have entered into a contract to purchase or institute condemnation
proceedings according to law for the fee or a lesser interest in the
land comprising such streets, ways, basins or areas, the developer
shall not be bound by such reservations shown on the plat and may
proceed to use such land for private use in accordance with applicable
development regulations. The provisions of this section shall not
apply to streets and roads, flood control basins or public drainageways
necessitated by the subdivision of land development and required for
final approval.
B.
The developer shall be entitled to just compensation
for actual loss found to be caused by such temporary reservation and
deprivation of use. In such instance, unless a lesser amount has previously
been mutually agreed upon, just compensation shall be deemed to be
the fair market value of an option to purchase the land reserved for
the period of reservation, provided that determination of such fair
market value shall include but not be limited to consideration of
the real property taxes apportioned to the land reserved and prorated
for the period of reservation. The developer shall be compensated
for the reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining subdivision approval
or site plan approval, as the case may be, caused by the reservation.
C.
Upon the submission to the municipal agency of an
application for development showing development proposed for an area
reserved on the Official Map or Master Plan, the Secretary of the
municipal agency shall notify the governing body, in writing, of such
application and that the municipal agency intends to grant approval
for said development in the reserved area unless the governing body
notifies the municipal agency prior to the date for final approval
that it intends to reserve the area in question and will provide compensation
to the developer for such reservation. Said notice of intent to reserve
shall be in the form of a resolution by the governing body. The Mayor
and Council shall thereupon proceed either to reach an agreement with
the developer as to the amount of compensation to be paid for such
reservation or negotiate a purchase price for said reserved area.
Upon the Mayor and governing body arriving at the amount to be paid
the developer by way of compensation for reservation or purchase,
said amount shall be deposited in escrow for the benefit of the developer.
Before final approval of a subdivision or site
plan, the municipal agency may require, in accordance with the standards
of this chapter and an adopted circulation, utility service, public
facilities and/or open space plan, as shown on the Official Map, the
installation, or the furnishing of a performance guaranty in lieu
thereof, of any or all of the following off-tract improvements which
are necessary or appropriate for the protection of the public interest
by reason of the development's effect on land other than the developer's
property: street improvements, water system, sewerage, drainage facilities
and easements therefor.
A.
Essential off-tract improvements.
(1)
In cases in which a development has no direct access
to a public street, improved and meeting the standards of N.J.S.A.
40:55D-34 and 40:55D-35, the municipal agency may, nevertheless, grant
plat approval if otherwise meeting the requirements of this chapter
if the developer shall acquire, improve and dedicate to the Township
such street between the development and an existing improved public
street as shall be approved by the municipal agency and the Mayor
and governing body. Such off-tract connections shall be subject to
the provisions of this Article as if they were required improvements
for the development. The dedication thereof shall be subject to approval
of the Township Solicitor as to form. The provisions of this section
shall be applicable only upon the request of the developer.
(2)
In cases in which surface or other drainage waters
are to be diverted from the proposed development into other drainage
facilities, ditches or stormwater systems or onto other lands or onto
any street or roadways and it appears that such off-tract facilities
are not adequate to accommodate the additional waters from the site
of the applicant or the volume in which the water from the site of
the applicant will be discharged or that the changes in grade on site
or diversion of surface waters therefrom will be likely to cause damages
to other properties or facilities so that provision is required to
extend or enlarge or create publicly controlled drainage facilities
off tract, and the need for such additional, enlarged and/or new off-tract
facilities is occasioned by the needs of the applicant and the proposed
development, and that the costs of such additional, enlarged or new
facilities will not be an unreasonable burden upon the applicant if
borne solely by the applicant in the light of the relationship of
such costs to the entire project of the applicant, the municipal agency
may, nevertheless, grant final approval if the developer shall acquire,
improve and dedicate to the Township such enlarged, additional or
new drainage facilities, as the case may be, as shall be approved
by the municipal agency and the Mayor and governing body. Such off-tract
drainage improvements shall be subject to the provisions of this Article
as if they were required improvements within the development. The
dedication thereof shall be subject to approval of the Township Solicitor
as to form. In lieu of the developer's performing such off-tract drainage
work, the developer and the Mayor and governing body may enter into
an agreement for such work to be performed by the Township or its
contractors at the costs of the developer. The provisions of this
section shall be applicable only upon the request of the developer.
B.
Determination of off-tract improvements by municipal agency. Where the municipal agency shall determine that off-tract improvements would be essential to the development, as set forth in Subsection A(1) and (2) above, and particularly where the off-tract improvements would be required to be made as a local improvement by the Township, with the costs thereof to be assessed against all properties, including the property of the developer specially benefited thereby, then the provisions of this subsection shall apply as follows:
(1)
At such time during the processing of the development
application as the desirability of such off-tract improvements shall
become apparent to the municipal agency, but in no event beyond the
time for the action on the preliminary plat, the municipal agency
shall refer the matter of off-tract improvements to the Mayor and
governing body, with recommendations to the Mayor and governing body
with regard thereto.
(2)
If the Mayor and governing body agrees that the matter
should be considered, then the Township Engineer or other authority
retained by the Mayor and governing body for such purpose shall determine
the nature of the off-tract improvements required or likely to be
required in the area, including the following:
(3)
Said Engineer or other authority shall determine the
total estimated costs of such estimated work, including all costs
which would be included in any local improvement ordinance which said
Township would be authorized to adopt for said project and including
construction costs, engineering costs, costs of any easement or right-of-way
acquisition, legal and advertising costs, contingencies and bonding
and assessment costs.
(4)
Said Engineer or other authority shall further determine
from the nature of the area and the nature of the work and estimated
costs the anticipated amount that the lands of the applicant would
be expected to be assessed under local improvement procedures pursuant
to N.J.S.A. 40:56-21 et seq., as the same may be amended and supplemented
from time to time.
(6)
Based upon the report of the Engineer or other authority,
as aforesaid, and the recommendations of the municipal agency, the
Mayor and governing body shall determine whether to undertake such
off-tract improvements or portions thereof as a local improvement,
the costs of which will be specially assessed against properties benefited
thereby in proportion to and not in excess of the benefits received,
pursuant to N.J.S.A. 40:56-1 et seq.
(7)
If the determination of the Mayor and governing body
shall be that the governing body will not adopt such ordinance for
the making of such improvements as a local improvement, the final
development layout shall be designed accordingly, and the municipal
agency shall base its further proceedings upon such determination.
(8)
If the determination of the Mayor and governing body
shall be that the governing body shall proceed to adopt such local
improvement ordinance, it shall proceed in the following manner:
(a)
If sufficient Township funds are available for
the initial appropriation required for said ordinance, the governing
body may proceed to appropriate such funds and adopt such ordinance,
and all subsequent proceedings for the making and for the assessment
of the costs of the off-tract improvements shall be in accordance
with such ordinance and the aforesaid statutes of New Jersey and the
final development layout shall be compatible with the off-tract improvements,
and the municipal agency shall proceed accordingly.
(b)
If sufficient Township funds are not available for the initial appropriation required for said ordinance, the Mayor and governing body may determine the anticipated amount that the lands of the applicant would be expected to be assessed, accepting the recommendations of the Township Engineer or other authority under Subsection B(4) above or making its own determination as to such estimated amount.
[1]
The amount so determined by the Mayor and governing
body shall then be deposited by the applicant with the Township Chief
Financial Officer prior to final approval of the development and prior
to introduction of such local improvement ordinance.
[2]
Such deposit shall be made concurrent with an
agreement between the applicant and the Township concerning the uses
of same, which shall include the following stipulations:
[a]
That said funds shall be used by the Township solely for the construction of such off-tract improvements as specified in said agreement and for the other expenses incidental thereto, as more particularly set forth in Subsection B(3) above, and the acquisition of any easements or right-of-way in connection therewith.
[b]
That such deposit may be appropriated
by the Township, with other funds of the Township, toward the accomplishment
of such purposes and, in that connection, may be commingled with such
other funds so appropriated and may be expended by the Township in
connection with such purposes.
[c]
That if such deposit is not used
by the Township within a specified time agreed upon by the applicant,
said funds shall be returned to the applicant.
[d]
That, upon completion of the work
by the Township or its contractors, the properties specially benefited
by such improvement shall be assessed as provided by law, including
the property of the applicant.
[e]
That such deposit of the applicant
shall be credited against the assessment made upon the applicant's
property, whether or not the applicant is then the owner thereof.
[f]
That if such deposit shall have
been less than the amount ultimately assessed and confirmed against
such property, then the then owner or owners of said property shall
pay the difference between the deposit and such assessment, or if
the deposit shall exceed the amount so assessed and confirmed, the
excess shall be refunded to the applicant, without interest.
(c)
In any case where, although the off-tract improvement may not be found to be the type of essential off-tract improvements as defined in Subsection A(1) or (2) hereof, said off-tract improvements are found by the municipal agency to be advisable and important to the sound development of the site and the governing body has concurred in said findings and has determined to proceed in accordance with Subsection B(8) hereof, particularly Subsection B(8)(b)[1] and [2] above, but the developer is unwilling to make such deposit as specified thereunder, then, and in that event, there shall be no final approval of said development until funds become available for the initial appropriation required to adopt the local improvement ordinance.
(9)
The determination of the governing body as to whether to proceed toward the adoption of a local improvement ordinance under Subsection B(7) or B(8) above shall be made as soon as practicable after referral by the municipal agency, but, in any case, the governing body shall make such determination within a sixty-day period, or within such time as extended, the municipal agency may proceed as if the governing body had determined that it would not adopt such local improvement ordinance.
A.
Any applicant for development whose plans show a proposed
vacation of an existing street shall include with his application
to the municipal agency a notice to Township Council of intent to
request vacation of the street. The notice shall be on a form provided
by the Clerk of the municipal agency. Any application for development
showing a proposed street vacation that does not include the aforesaid
notice shall be deemed incomplete.
B.
The municipal agency shall condition preliminary approval
of any application for development showing a proposed street vacation
on the vacation of such street by formal action of Township Council.
C.
Prior to making application for final land use approval,
an applicant proposing vacation of a street shall apply to the Township
Council for vacation of the street and shall amend the final plans
in accordance with any ordinance Council may adopt on vacation of
the street. Such application to Council shall be made on a form provided
by the Clerk of the municipal agency, shall be accompanied by the
appropriate application fee and professional review escrow, and shall
include a legal description of the street proposed for vacation. An
application for final land use approval that proposes vacation of
a street that is not made in accordance with this section shall be
deemed incomplete.
A.
The Township may, at any time and from time to time,
accept the dedication of land for public use and maintenance or any
interest therein required to be set aside, designated and reserved
for the use and enjoyment of owners and occupants of land adjoining
or neighboring such land as a condition of approval of planned unit
development, planned unit residential development or residential cluster,
but such dedication shall not be required by the municipal agency.
B.
The developer shall provide for an organization for
the ownership and maintenance of any open space for the benefit of
owners or residents of a development if said open space is not dedicated
to the Township. Such organization shall not be dissolved and shall
not dispose of any open space by sale or otherwise, except to an organization
conceived and established to own and maintain the open space for the
benefit of such development, and thereafter such organization shall
not be dissolved nor dispose of any of its open space without first
offering to dedicate the same to the Township.
C.
In the event that such organization shall fail to
maintain the open space in reasonable order and condition, the governing
body may serve written notice upon such organization or upon the owners
of the development, setting forth the manner in which the organization
has failed to maintain the open space in reasonable condition, and
said notice shall include a demand that such deficiencies of maintenance
be cured within 35 days thereof and shall state the date and place
of a hearing thereon which shall be held within 15 but not less than
seven days of the notice. At such hearing, the governing body may
modify the terms of the original notice as to deficiencies and may
give a reasonable extension of time, not to exceed 65 days, within
which they may be cured. If the deficiencies set forth in the original
notice or in the modification thereof shall not be cured within said
65 days or any permitted extension thereof, the Township, in order
to preserve the open space and maintain the same for a period of one
year, may enter upon and maintain such land. Said entry and maintenance
shall not vest in the public any rights to use the open space except
when the same is voluntarily dedicated to the public by the owners.
Before the expiration of said year, the governing body shall, upon
its initiative or upon the request of the organization
theretofore responsible for the maintenance of the open space, call
a public hearing upon 15 days' written notice to such organization
and to the owners of the development, to be held by the governing
body, at which hearing such organization and the owners of the development
shall show cause why such maintenance by the Township shall not, at
the election of the Township, continue for a succeeding year. If the
governing body shall determine that such organization is ready and
able to maintain said open space in reasonable condition, the Township
shall cease to maintain said open space at the end of said year. If
the governing body shall determine such organization is not ready
and able to maintain said open space in a reasonable condition, the
Township may, in its discretion, continue to maintain said open space
during the next succeeding year, subject to a similar hearing and
determination in each year thereafter. The decision of the governing
body in any case shall constitute a final administrative decision,
subject to judicial review.
D.
The cost of such maintenance by the Township shall
be assessed pro rata against the properties within the development
that have a right of enjoyment of the open space in accordance with
assessed value at the time of imposition of the lien, and the cost
shall become a lien and tax on said properties and be added to and
be a part of the tax to be levied and assessed thereon and enforced
and collected, with interest, by the same officers and in the same
manner as other taxes.
A.
Site plans.
(1)
Upon the submission to the Administrative Officer of a complete application for a site plan for 10 acres of land or less and 10 dwelling units or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for site plan approval also involves an application for relief pursuant to§ 91-33 of this chapter, the Planning Board shall grant or deny preliminary approval within 95 days of the date of the submission of a complete application to the Secretary of the Planning Board or within some further time as may be consented to by the applicant.
(2)
Upon the submission of a complete application for
a site plan of more than 10 acres or more than 10 dwelling units,
or for a conditional use approval, the Planning Board shall grant
or deny preliminary approval of the site plan and/or approval of the
conditional use within 95 days of the date of such submission or within
such further time as may be consented to by the applicant.
B.
Subdivisions.
(1)
Upon the submission to the Secretary of the Planning Board of a complete application for a subdivision of 10 or fewer lots, other than a minor subdivision as defined in § 91-67 of this chapter, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for subdivision approval also involves an application for relief pursuant to§ 91-33 of this chapter, the Planning Board shall grant or deny preliminary approval within 95 days of the date of submission of a complete application to the Secretary of the Planning Board or within such further time as may be consented to by the applicant.
(2)
Upon the submission of a complete application for
a subdivision of more than 10 lots, the Planning Board shall grant
or deny preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer.
C.
Failure of the Planning Board to reach a decision
within the specified time periods or extensions thereof shall result
in the approval of the subdivision and/or site plan and/or conditional
use as submitted.
D.
The Planning Board may waive site plan approval requirements if it finds, after application and hearing, that the construction or alteration or change of occupancy or use does not affect existing circulation, drainage, relationships of buildings to each other, landscaping, buffering, lighting and other considerations of site plan review. An applicant requesting a waiver of site plan approval shall submit building plans and other drawings and information sufficient to enable the Planning Board to make a informed decision as to whether the waiver should be granted. The applicant shall pay the fees set forth for minor site plans in § 91-24.
E.
If the Planning Board requires any substantial amendment
in the layout of improvements proposed by the developer that have
been the subject of a hearing, an amended application for development
shall be submitted and proceeded upon as in the case of the original
application for development. The Planning Board shall, if the proposed
development complies with this chapter, grant preliminary subdivision
or site plan approval.
F.
Nothing herein shall be construed to limit the right
of a developer to submit a sketch plat to the Planning Board for informal
review, and neither the Planning Board nor the developer shall be
bound by any discussions or statements made during such review, provided
that the right of the developer at any time to submit a complete application
for subdivision or site plan approval shall not be limited by his
submission of a sketch plat, and the time for the Planning Board's
decision shall not begin to run until the submission of a complete
application.
Public notice shall be given by all applicants
for major site plan approval. A public notice is not required for
minor site plan applications.
A.
Preliminary approval of a major subdivision or site plan, except as provided in Subsection B of this section, shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1)
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;
and, in the case of a site plan, existing natural resources to be
preserved on the site; vehicular and pedestrian circulation, parking
and loading, screening, landscaping and location of structures; and
exterior lighting, both for safety reasons and streetlighting, except
that nothing herein shall be construed to prevent the Township from
modifying by ordinance, such general terms and conditions of preliminary
approval as relates to public health and safety.
(2)
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 subdivision plat or site
plan.
(3)
That on or before the expiration of preliminary approval
the applicant may apply for and the municipal agency may grant extensions
on such preliminary approval for additional periods of at least one
year but not to exceed a total extension of two years, provided that
if the design standards have been revised by ordinance, such revised
standards may govern.
B.
In the case of a subdivision or site plan for an area of 50 acres or more, the municipal agency may grant the rights referred to in Subsection A(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the municipal agency to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter, and the municipal agency may thereafter grant, an extension to preliminary approval for such additional period of time as shall be determined by the municipal agency to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval and the potential number of dwelling units and nonresidential floor area of the section or sections 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.
C.
Standards for granting final approval in sections.
Unless an applicant shows good cause why less restrictive standards
should apply, the municipal agency shall require the following standards
to be met for granting final approval to a section or sections of
the preliminary subdivision plat or site plan:
[Added 5-5-1999 by Ord. No. 1999-9]
(1)
The gross area of land to be developed shall not be
less than 40 acres;
(2)
Each section shall not be less than 25 acres in area
and, in the case of a subdivision, shall contain not fewer than 50
building lots;
(3)
Not more than 4 sections shall be approved;
(4)
All infrastructure (streets, curbs, sidewalks, water
and sewer lines, drainage facilities and utility service) required
to serve the development within a section shall be included within
that section; and
(5)
Each section shall be designed both so as to stand
alone in the event that development of the entire tract is not completed,
and so as to be integrated into the development of the entire tract
and adjoining tracts related to it.
A.
The municipal agency shall grant final approval if
the detailed drawings, specifications and estimates of the application
for final approval conform to the standards established by this chapter
for final approval, the conditions of preliminary approval and, in
the case of a major subdivision, the standards prescribed by the Map
Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9), provided that,
in the case of a planned development, the reviewing body may permit
minimal deviations from the conditions of preliminary approval necessitated
by change of condition beyond the control of the developer since the
date of preliminary approval without the developer being required
to submit another application for development for preliminary approval.
B.
Final approval shall be granted or denied within 45
days after submission of a complete application to the administrative
officer of the municipal agency or within such further time as may
be consented to by the applicant. Failure of the municipal agency
to act within the period prescribed shall constitute final approval
of the application for final approval as submitted, and a certificate
of the Secretary of the municipal agency as to failure of the municipal
agency to act shall be issued on request of the applicant, and it
shall be sufficient in lieu of the written endorsement or other required
evidence of approval.
A.
The municipal agency, when acting upon applications
for preliminary or minor subdivision approval, shall have the power
to grant such exceptions for the requirements for subdivision approval
as may be reasonable and within the general purpose and intent of
the provisions for subdivision review and approval of this chapter
if the literal enforcement of one or more provisions of this chapter
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
B.
The municipal agency, when acting upon an application
for preliminary site plan approval, shall have the power to grant
such exceptions from the requirements for site plan approval as may
be reasonable and within the general purpose and intent of this chapter
if the literal enforcement of one or more provisions of this chapter
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
C.
The municipal agency shall have the power to review
and approve or deny conditional uses or site plans simultaneously
with the review for subdivision approval without the developer being
required to make further application to the municipal agency or the
municipal agency's being required to hold further hearings. The longest
time period for action by the municipal agency, whether it is for
subdivision, conditional use or site plan approval, shall apply. Whenever
approval of a conditional use is requested by the developer pursuant
to this subsection, notice of the hearing on the plat shall include
reference to the request for such conditional use.
A.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 91-62 of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that, in the case of major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in § 91-68 of this chapter. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in § 91-68 of this chapter, the municipal agency may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 91-62 of this chapter for the section granted final approval.
B.
In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the municipal agency may grant the rights referred to in Subsection A of this section for such period of time longer than two years as shall be determined by the municipal agency to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the municipal agency may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the municipal agency 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, economic conditions and the comprehensiveness of the development.
A.
Before the recording of final subdivision plats or as a condition of final site plan approval, or as a condition of a zoning permit pursuant to § 91-33 of this chapter, the municipal agency may require and shall accept, in accordance with the standards adopted by this chapter for the purpose of assuring the installation and maintenance of on-tract improvements, the following:
(1)
The furnishing of a performance guaranty in favor
of the Township in an amount not to exceed 120% of the cost of installation
for improvements it may deem necessary or appropriate, including streets;
grading; pavement; gutters; curbs; sidewalks; streetlighting; shade
trees; surveyor's monuments, as shown on the final map and required
by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.);
water mains; culverts; storm sewers; sanitary sewers or other means
of sewage disposal; drainage structures; erosion control and sedimentation
control devices; public improvements of open space; and, in the case
of site plans only, other on-site improvements and landscaping. The
Township Engineer shall review the improvements required by the municipal
agency which are to be bonded and itemize their cost. Said itemization
shall be the basis for determining the amount of the performance guaranty
and maintenance guaranty required by the municipal agency. The Township
Engineer shall forward his estimate of the cost of improvements to
the applicant within 30 days of the date of receipt of a request sent
by certified mail for said estimate.
(2)
Maintenance guaranty.
[Amended 10-1-2014 by Ord. No. 2014-21]
(a)
The furnishing of a maintenance guaranty, to be posted with
the governing body for a period not to exceed two years after final
acceptance of the improvement in an amount not to exceed 15% of the
cost of the improvement shall be required for all public improvement
projects. In the event that other governmental agencies or public
utilities automatically will own the utilities to be installed or
the improvements are covered by a performance or maintenance guaranty
to another governmental agency, no performance or maintenance guaranty,
as the case may be, shall be required for such utilities or improvements.
(b)
A two-year maintenance bond shall be required for projects with
the following improvements:
[1]
Any public improvements:
[2]
Buffering and landscape;
[3]
Public safety improvements relating to fire, traffic and pedestrian
safety:
[4]
Stormwater systems that link to or impact off-site facilities;
[5]
Water supply systems that provide firesafety or are directly
connected to the Township water system:
[6]
Improvements that impact the public safety, health and welfare
of the Township residents.
(c)
Upon completion of improvements in a good and workmanlike manner
and in accordance with all rules, regulations, standards, specifications
and ordinances of the Township of Florence, the Township will accept
the improvements subject to the filing of as-built drawings, and not
require the need to post a maintenance bond for certain improvement
projects. The Township Engineer and the Township Water and Sewer Engineer
shall have the discretion to determine whether a maintenance bond
is required to be posted for projects pertaining to improvements on
private property where the total cost of improvements does not exceed
$500,000. When rendering his decision, the Township Engineer and/or
the Township Water and Sewer Engineer shall consider the impact the
improvements have on the public health, welfare and safety of the
Township residents. Each improvement project will be reviewed on an
individual basis for the need to post a maintenance bond as recommended
by the Township Engineer and/or the Township Water and Sewer Engineer
and approved by Township Council. The Township Engineer and/or the
Township Water and Sewer Engineer shall continue to review each improvement
project on an individual basis in order to determine the estimate
of the cost of improvements for purposes of the performance guaranty.
B.
The amount of any performance guaranty may be reduced
by the governing body, by resolution, when portions of the improvements
have been certified by the Township Engineer to have been completed.
The time allowed for installation of the improvements for which the
performance guaranty has been provided may be established by the governing
body by resolution.
C.
If the required improvements are not completed or
corrected in accordance with the performance guaranty, the obligor
and surety, if any, shall be liable thereon to the Township for the
reasonable cost of the improvements not completed or corrected, and
the Township may, either prior to or after the receipt of the proceeds
thereof, complete such improvements.
D.
When all of the required improvements have been completed,
the obligor shall notify the governing body, in writing, by certified
mail addressed in care of the Township Administrator, of the completion
of said improvements and shall send a copy thereof to the Township
Engineer. Thereupon, the Township Engineer shall inspect all of the
improvements and shall file a detailed report, in writing, with the
governing body, indicating either approval, partial approval or rejection
of the improvements, with a statement of reasons for any rejection.
If partial approval is indicated, the cost of the improvements rejected
shall be set forth.
E.
The governing body shall either approve, partially
approve or reject the improvements on the basis of the report of the
Township Engineer and shall notify the obligor, in writing, by certified
mail, of the contents of said report and the action of said municipal
agency with relation thereto not later than 65 days after receipt
of the notice from the obligor of the completion of the improvements.
Where partial approval is granted, the obligor shall be released from
all liability pursuant to its performance guaranty, except for the
improvements not yet approved. Failure of the governing body to send
or provide such notification to the obligor within 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.
F.
If any portion of the required improvements are rejected,
the municipal agency may require the obligor to complete such improvements,
and, upon completion, the same procedure of notification as set forth
in this section shall be followed.
G.
The obligor shall reimburse the Township for all reasonable
inspection fees paid the Township Engineer for the foregoing inspection
of improvements.
H.
During the construction of any building, no construction
shall continue beyond the foundation of the building until such time
as the developer or person constructing the building shall provide
a certification to the Township of Florence from a licensed surveyor
that the building under construction has been properly located in
conformance with the approved site plan or, in the case where no site
plan approval was required, in conformance with the setback lines
governing the premises.
A.
The municipal agency shall waive notice and public hearing for an application for development if the Subdivision Committee of the municipal agency appointed by the Chairman finds that the application for development conforms to the definition of "minor subdivision" in § 91-3 of this chapter. Minor subdivision approval shall be deemed to be final approval of the subdivision by the municipal agency, provided that the municipal agency or said Subdivision Committee may condition such approval on terms ensuring the provision of improvements pursuant to Articles XIV through XX of this chapter.
B.
Minor subdivision approval shall be granted or denied
within 45 days of the date of submission of a complete application
to the Secretary of the municipal agency or within such further time
as may be consented to by the applicant. Failure of the municipal
agency to act within the period prescribed shall constitute minor
subdivision approval, and a certificate of the Secretary of the municipal
agency as to the failure of the municipal agency to act shall be issued
to the applicant on request, and it 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.
C.
Approval of a minor subdivision shall expire 190 days
from the date of municipal approval unless, within such period, a
plat in conformity with such approval and the provisions of the Map
Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9), or a deed clearly
describing the approved minor subdivision is filed by the developer
with the county recording officer, the Township Engineer and the Township
Tax Assessor. Any such plat or deed accepted for such filing shall
have been signed by the Chairman and Secretary of the Planning Board.
In reviewing the application for development for a proposed minor
subdivision, the Planning Board may accept a plat not in conformity
with the Map Filing Act, provided that if the developer chooses to
file the minor subdivision as provided herein by plat rather than
deed, such plat shall conform to the provisions of said Act.
D.
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 years after the
date of minor subdivision approval, provided that the approved minor
subdivision shall have been duly recorded as provided herein.
A.
Final approval of a major subdivision shall expire
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 municipal agency may, for good cause shown,
extend the period for recording for an additional period not to exceed
190 days from the date of signing of the plat.
B.
Final approval of a major subdivision shall be evidenced by affixing to the plat the signature of the Chairman and Secretary of the municipal agency or a copy of the certificate of the Secretary to the municipal agency indicating that the approving authority failed to reach a decision on the subdivision application within the prescribed time. The signatures of the Chairman and Secretary of the municipal agency shall not be affixed until the developer has posted the guaranties required pursuant to § 91-66 of this chapter.
A.
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which Township approval is required by this chapter, such person shall be punishable as provided in § 91-16D, and each lot disposition so made may be deemed a separate violation.[1]
Certificates of approval shall be required as provided in § 91-21.
[Added 5-5-1999 by Ord. No. 1999-9]
A.
Conditions precedent.
(1)
Whenever any application for development is
approved subject to specified conditions intended to be fulfilled
before the approval becomes effective, such conditional approval shall
lapse and become null and void unless all specified conditions, other
than those contemplated by N.J.S.A. 40:55D-22b, are fulfilled within
190 days of the date of conditional approval.
(2)
Proof that applications have been filed with
all other agencies having jurisdiction over any aspect of the application
for development shall forthwith be filed with the municipal agency.
(3)
The fulfillment of all other conditions precedent
shall forthwith be reported, in writing, to the municipal agency,
which may cause such reports to be verified in an appropriate manner.
Only upon fulfillment of all conditions shall any subdivision map
or site plan be signed or any required building permit, occupancy
permit or zoning permit be issued.
(4)
When all conditions have been fulfilled with
respect to any minor or major subdivision, applicant shall, within
30 days of the fulfillment of all such conditions, submit his deed
or map for signature in accordance with N.J.S.A. 40:55D-47 or 40:55D-54
or any such approval shall lapse and be of no force and effect; provided,
however, that the applicant may, for good cause shown, obtain an extension
either before or after the lapse of such thirty-day period within
the reasonable exercise of the municipal agency's judgment.
B.
Conditions subsequent.
(1)
Whenever any application for development is
approved subject to conditions, which by their terms are incapable
of being fulfilled or are not required to be fulfilled prior to the
final approval of the application, the performance of which are not
guaranteed by bonds or securities of any type, failure to fulfill
any such condition within 6 months from the date of adoption of the
resolution memorializing the final approval of the application for
development shall be grounds for issuance of a stop-work order by
the enforcing official and the withholding of any zoning permit, certificate
of occupancy or any other approval until such condition or conditions
are fulfilled.
(2)
Nothing herein contained shall be construed
as preventing the municipal agency from specifying a longer period
of time within which any specific condition must be fulfilled, or
from granting, upon application not requiring public notice, an extension
of time for good cause shown.
(3)
The fulfillment of all conditions shall be reported,
in writing, to the municipal agency which may cause such reports to
be verified in an appropriate manner. Only upon fulfillment of all
conditions shall any subdivision map or site plan be signed or any
required building permit, occupancy permit, zoning permit or other
required approval be issued.
(4)
For purposes of calculating the time period
within which conditions must be fulfilled, such time periods shall
commence from the date on which the resolution of memorialization
was adopted.