As used in this chapter, the following terms
shall have the meanings indicated:
APPLICATION FOR DEVELOPMENT
Any application filed with any permitting agency for any approval, authorization or permit which is a prerequisite to initiating development in the Borough except as provided in §
200-66A(2) of Chapter
200, Zoning.
[Amended 9-28-1989 by Ord. No. 223]
DEVELOPER
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
MAINTENANCE GUARANTEE
Any security, other than cash, which may be accepted by a
municipality for the maintenance of any improvement required by this
act.
ON-TRACT
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
PERFORMANCE GUARANTEE
Any security, which may be accepted by a municipality, including
cash; provided that the municipality shall not require more than 10%
of the total performance guarantee in cash.
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
SITE PLAN
A development plan of one or more lots on which is shown:
A.
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways.
B.
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
screening devices; and
C.
Any other information that may be reasonably
required in order to make an informed determination pursuant to an
ordinance requiring review and approval of site plans by the Planning
Board.
[Amended 9-28-1989 by Ord. No. 223]
A. Site plan review and approval shall be required before
any initiation of development, any change of use, or before any excavation,
removal of soil, clearing of a site or placing of any fill on lands
contemplated for development, and, except as hereinafter provided,
no building permit shall be issued for any building or use, or reduction
or enlargement in size or other alteration of any building or change
in use of any building including accessory structures unless a site
plan is first submitted and approved by the Planning Board and no
certificate of occupancy shall be given unless all construction and
development conform to the plans as approved by the Planning Board.
B. No person shall carry out any development within the
Borough of Folsom without obtaining approval from any approval agency
and without obtaining development approval in accordance with the
procedures set forth in this chapter.
In reviewing any site plan, the Planning Board
shall consider:
A. Pedestrian and vehicular traffic movement within and
adjacent to the site with particular emphasis on the provision and
layout of parking areas, off-street loading and unloading, movement
of people, goods and vehicles from access roads, within the site,
between buildings and between buildings and vehicles.
B. The design and layout of buildings and parking areas
shall be reviewed so as to provide an aesthetically pleasing design
and efficient arrangement. Particular attention shall be given to
safety and fire protection, impact on surrounding development and
contiguous and adjacent buildings and lands.
C. Adequate lighting shall be provided to ensure safe
movement of persons and vehicles and for security purposes. Lighting
standards shall be a type approved by the Planning Board. Directional
lights shall be arranged so as to minimize glare and reflection on
adjacent properties.
D. Buffering shall be located around the perimeter of
the site to minimize headlights on vehicles, noise, light from structures,
the movement of people and vehicles, and to shield activities from
adjacent properties when necessary. Buffering may consist of fencing,
evergreens, shrubs, bushes, deciduous trees or combinations thereof
to achieve the stated objectives.
E. Landscaping shall be provided as part of the overall
site plan design and integrated into building arrangements, topography,
parking and buffering requirements. Landscaping shall include trees,
bushes, shrubs, ground cover, perennials, annuals, plants, sculpture,
art and the use of building and paving materials in an imaginative
manner.
F. Signs shall be designed so as to be aesthetically
pleasing, harmonious with other signs on the site, and located so
as to achieve their purpose without constituting hazards to vehicles
and pedestrians.
G. Storm drainage, sanitary waste disposal, water supply
and garbage disposal shall be reviewed and considered. Particular
emphasis shall be given to the adequacy of existing systems, and the
need for improvements, both on-site and off-site, to adequately carry
runoff and sewage, and to maintain an adequate supply of water at
sufficient pressure.
H. Garbage disposal shall be adequate to insure freedom
from vermin and rodent infestation. All disposal systems shall meet
municipal specifications as to installation and construction.
I. Environmental elements relating to soil erosion, preservation
of trees, protection of watercourses, and resources, noise, topography,
soil, and animal life shall be reviewed, and the design of the plan
shall minimize any adverse impact on these elements.
J. In the case of freestanding buildings or structures,
and depending upon site characteristics, consideration shall be given
to site positioning that either does not block a natural vista, provides
a desirable space enclosure or otherwise respects the established
lot siting or surrounding buildings or structures.
K. In the use of building material, use of color and/or
textures, massing, fenestration, advertising features, and proposed
heights, every effort shall be made in the proposed building or structure
to relate these elements harmoniously to similar elements in surrounding
buildings or structures.
L. Relation to surroundings.
(1) Every effort shall be made to maintain the standards
outlined above for all accessory buildings, structures and site features,
however related to the major buildings or structures.
(2) Special features. In the case of auto parking areas,
truck loading areas, utility buildings and structures, and similar
accessory areas and structures, special consideration shall be given
to the use of screen planting or similar screening methods, where
said special features are incongruous with the existing or contemplated
environment and for adjacent properties.
M. Shading of adjacent properties by proposed buildings
is prohibited.
N. The development standards in Chapter
200, Zoning, Articles
V,
VI and
VII shall form the basis for evaluation of any site plan or subdivision applications.
[Added 9-28-1989 by Ord. No. 223]
The Secretary of the Planning Board shall distribute
the site plan application for review and report, and approval where
required, as follows:
A. One copy each to the Municipal Engineer and planner.
B. One copy for the permanent files of the Board's Secretary.
C. Nine copies to the members of the Board.
D. Additional copies as required.
[Amended 9-28-1989 by Ord. No. 223]
A public hearing shall be held on all applications for site plan approval involving uses which, on the submitted complete application, show five or more off-street parking spaces. A public hearing is not required for all other site plan applications. The Pinelands Commission shall be notified of all hearings on applications for development in accordance with §
200-66D(2) of Chapter
200, Zoning.
The Planning Board when acting upon applications
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.
Preliminary approval of a site plan, except
as provided in Subsection D of this section, shall confer upon the
applicant the following rights for a three-year period from the date
of the preliminary approval:
A. That the general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited
to use requirements; layout and design standards for streets, curbs
and sidewalks, lot size; yard dimensions and off-tract improvements;
natural resources to be preserved on the site; vehicular and pedestrian
circulation, parking and loading; screening, landscaping and location
of structures; exterior lighting both for safety reasons and streetlighting;
except that nothing herein shall be construed to prevent the municipality
from modifying by ordinance such general terms and conditions of preliminary
approval as related to the public health and safety.
B. That the applicant may submit for final approval on
or before the expiration date of preliminary approval the whole or
a section or sections of the preliminary site plan.
C. That the applicant may apply for and the Planning
Board 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.
D. In the case of a site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsections
A,
B and
C above for such period of time, longer than three years, as shall be determined by the Planning Board 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 Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, 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 by ordinance, such revised standards may govern.
[Amended 5-20-2004 by Ord. No. 9-2004; 9-11-2018 by Ord. No. 06-2018]
A. Before the filing of final subdivision plats or recording of minor
subdivision deeds or as a condition of final site plan approval or
as a condition to the issuance of a zoning permit, the Borough shall
require a performance guarantee for the purpose of assuring the installation
of certain on-tract improvements. The Borough may require up to 10%
of the performance guarantee in cash. The developer has the option
to post more than 10% in cash or any portion of a required maintenance
guarantee in cash.
B. Types of performance guarantees required.
(1) Site improvement guarantee. A guarantee in favor of the Borough in
an amount not to exceed 120% of the cost of installation of only those
improvements required by an approval or developer's agreement, ordinance,
or regulation to be dedicated to a public entity, and that have not
yet been installed, which cost shall be determined by the Borough
Engineer, according to the method of calculation set forth in Section
15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4), for the following
improvements as shown on the approved plans or plat: streets, pavement,
gutters, curbs, sidewalks, streetlighting, street 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.; repealed by Section
2 of P.L. 2011, c. 217) or N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8,
water mains, sanitary sewers, community septic systems, drainage structures,
public improvements of open space, and any grading necessitated by
the preceding improvements. The Borough Engineer shall prepare an
itemized cost estimate of the improvements covered by the performance
guarantee, which itemized cost estimate shall be appended to each
performance guarantee posted by the developer. 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
guarantee to another governmental agency, no performance guarantee,
as the case may be, shall be required by the Borough for such utilities
or improvements.
(2) Perimeter buffer landscaping guarantee. A guarantee in favor of the
Borough to include, within an approved phase or section of a development,
privately owned perimeter buffer landscaping, as required by site
plan approval or imposed as a condition of approval. At the developer's
option, a separate performance guarantee may be posted for the privately
owned perimeter buffer landscaping.
(3) Temporary certificate of occupancy guarantee. In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to as a "temporary certificate of occupancy guarantee," in favor of the Borough in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee, required pursuant to Subsection
B(1) of this section, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Borough Engineer. At no time may the Borough hold more than one guarantee of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the Borough Engineer upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.
(4) Safety and stabilization guarantee.
(a)
A developer shall furnish to the Borough a safety and stabilization guarantee, in favor of the Borough. At the developer's option, a safety and stabilization guarantee may be furnished either as a separate guarantee or as a line item of the site improvement performance guarantee referenced in Subsection
B(1) of this section. A safety and stabilization guarantee shall be available to the Borough solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:
[1]
Site disturbance has commenced and, thereafter, all work on
the development has ceased for a period of at least 60 consecutive
days following such commencement for reasons other than force majeure;
and
[2]
Work has not recommenced within 30 days following the provision
of written notice by the Borough to the developer of the Borough's
intent to claim payment under the guarantee. The Borough shall not
provide notice of its intent to claim payment under a safety and stabilization
guarantee until a period of at least 60 days has elapsed during which
all work on the development has ceased for reasons other than force
majeure. The Borough shall provide written notice to a developer by
certified mail or other form of delivery providing evidence of receipt
of the notice.
(b)
The amount of a safety and stabilization guarantee for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000.
(c)
The amount of a safety and stabilization guarantee for a development
with bonded improvements exceeding $100,000 shall be calculated as
a percentage of the bonded improvement costs of the development or
phase of development as follows: $5,000 for the first $100,000 of
bonded improvement costs, plus 2.5% of bonded improvement costs in
excess of $100,000 up to $1,000,000, plus 1% of bonded improvement
costs in excess of $1,000,000.
(d)
The Borough shall release a separate safety and stabilization
guarantee to a developer upon the developer's furnishing of a performance
guarantee which includes a line item for safety and stabilization
in the amount required under this subsection.
(e)
The Borough shall release a safety and stabilization guarantee
upon the Borough Engineer's determination that the development of
the project site has reached a point that the improvements installed
are adequate to avoid any potential threat to public safety.
C. Types of maintenance guarantees required.
(1) Site improvement maintenance guarantee. Prior to the release of a site improvement or perimeter buffer landscaping performance guarantee described in Subsection
B, the developer shall post a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released. The Borough may not require any portion of the maintenance guarantee to be posted in cash, but the developer has the option to post the maintenance guarantee in cash.
(2) Stormwater management maintenance guarantee. Upon the inspection
and issuance of final approval by the Borough Engineer of the following
private site improvements, a separate maintenance guarantee in an
amount not to exceed 15% of the cost of the installation of the following
private site improvements related to the stormwater management for
the project: stormwater management basins, inflow and water quality
structures within the basins, and the outflow pipes and structures
of the stormwater management system.
(3) The term of all maintenance guarantees shall be for a period of two
years and shall automatically expire at the end of the two-year period.
D. Procedures for reduction of performance guarantees.
(1) Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the Borough Council in writing, by certified mail addressed in care of the Borough Clerk, that the Borough Engineer prepare, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection
B of this section, a list of all uncompleted or unsatisfactory completed bonded improvements. If such a request is made, the obligor shall send a copy of the request to the Borough Engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon, the Borough Engineer shall inspect all bonded improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Borough Council and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
(2) The list prepared by the Borough Engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed bonded improvement determined to be unsatisfactory. The report prepared by the Borough Engineer shall identify each bonded improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory bonded improvement, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection
B of this section.
(3) The Borough Council, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Borough Engineer, or reject any or all of these bonded improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection
B of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Borough Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the total performance guarantee and safety and stabilization guarantee posted may be retained to ensure completion and acceptability of all improvements. The safety and stabilization guarantee shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction.
(4) For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection
B of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the Borough may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the Borough below 30%.
(5) In the event that the obligor has made a cash deposit with the Borough
as part of the performance guarantee, then any partial reduction granted
in the performance guarantee pursuant to this subsection shall be
applied to the cash deposit in the same proportion as the original
cash deposit bears to the full amount of the performance guarantee,
provided that if the developer has furnished a safety and stabilization
guarantee, the Borough may retain cash equal to the amount of the
remaining safety and stabilization guarantee.
(6) If any portion of the required bonded improvements is rejected, the
Borough Council may require the obligor to complete or correct such
improvements, and upon completion or correction, the same procedure
of notification as set forth in this section shall be followed.
(7) Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
Borough Council or Borough Engineer.
E. Payments to Borough professionals.
(1) The developer obligor shall reimburse the Borough for reasonable inspection fees paid to all Borough professionals, including, but not limited to, the Borough Engineer, providing services on the project related to the inspection of improvements, which fees shall not exceed the sum of the amounts set forth in Subsection
E(1)(a) and
(b) of this section. The Borough may require the developer to post the inspection fees in escrow in an amount:
(a)
Not to exceed, except for extraordinary circumstances, the greater
of $500 or 5% of the cost of bonded improvements that are subject
to a performance guarantee under this section; and
(b)
Not to exceed 5% of the cost of private site improvements that
are not subject to a performance guarantee under this section, which
cost shall be determined pursuant to Section 15 of P.L. 1991, c. 256
(N.J.S.A.40:55D-53.4).
(2) For those developments for which the inspection fees total less than
$10,000, fees may, at the option of the developer, be paid in two
installments. The initial amount deposited in escrow by a developer
shall be 50% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Borough Engineer
for inspections, the developer shall deposit the remaining 50% of
the inspection fees.
(3) For those developments for which the inspection fees total $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited in escrow by a developer
shall be 25% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Borough Engineer
for inspection, the developer shall make additional deposits of 25%
of the inspection fees.
(4) If the Borough determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection
E(1)(a) and
(b) of this section, is insufficient to cover the cost of additional required inspections, the Borough may require the developer to deposit additional funds in escrow, provided that the Borough delivers to the developer a written inspection escrow deposit request, signed by the Borough Engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
F. Other requirements.
(1) In the event that final approval is by stages or sections of development
pursuant to Subsection a of Section 29 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-38), the provisions of this section shall be applied by stage
or section.
(2) To the extent that any of the improvements have been dedicated to the Borough on the subdivision plat or site plan, the Borough Council shall be deemed, upon the release of any performance guarantee required pursuant to Subsection
B of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Borough Engineer.
(3) All guarantees shall be approved as to form by the Borough Solicitor.
The developer shall pay for all reasonable fees associated with the
review by the Borough Solicitor.
(4) A performance guarantee shall run for a period to be fixed by the
Planning Board at the time of approval of a final plat, but in no
case for a term of more than two years. However, with the consent
of the owner and the surety, if there is one, the Borough Council
may, by resolution, extend the term of such performance guarantee
for an additional period not to exceed three years. As a condition
or as part of any such extension, the amount of any performance guarantee
shall be increased or reduced, as the case may be, to an amount not
to exceed 120% of the cost of the installation, which cost shall be
determined by the Borough Engineer according to the method of calculation
set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4)
as of the time of the passage of the resolution.
(5) If the required improvements have not been installed in accordance
with the performance guarantee, the obligor and surety shall be liable
thereon to the Borough of Folsom for the reasonable cost of the improvements
not installed, and, upon the receipt of the proceeds of the performance
guarantee, the Borough of Folsom shall install such improvements.
Such completion or correction of improvements shall be subject to
the public bidding requirements of the Local Public Contracts Law,
P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.). The developer and/or
obligor and surety shall also pay for all reasonable inspection fees
in addition to all required improvements.
(6) It shall be expressly understood that, notwithstanding the posting
of any performance guarantees for a lot in a major subdivision, no
certificate of occupancy shall be issued until the developer or subdivider
shall have installed the road subbase, road base, curbs, gutters and
first course paving and until the underground utilities, such as sewer,
water, gas, storm drainage lines, electric, telephone and cable television,
and all other underground work shall have been duly and properly installed
as required by the Planning Board and/or the Borough of Folsom Code.
No occupancy permit shall be issued until the developer shall have
entered into an agreement with the Borough to permit municipal forces
to enter upon the streets of the subdivision prior to final acceptance
of said streets for the purpose of rendering such Borough services
such as fire and police protection, snow removal, trash collection
and any other service as may be deemed necessary for the health, safety
and welfare of the residents. No occupancy certificates shall be granted
for the final two dwellings until the finished road surface has been
installed pursuant to Borough and Borough Engineering specifications
and until all other improvements and conditions as may be required
by the Planning Board, the Building Subcode Official and the Plumbing
Official have been properly installed. Certification that all requirements
are met must be provided in writing by the Borough Engineer or other
designated administrative officer prior to the issuance of such certificate of occupancy.
The design of any subdivision shall conform
to the principles of land subdivision as set forth in the Master Plan,
when completed, Official Map and ordinances of the Borough of Folsom
and will be such as will encourage good development patterns within
the Borough of Folsom and enhance the public welfare.
The subdivider shall make provisions for filling
in all stormwater pockets, holes or areas in which stormwater may
collect in conformance with the lot grading plan.
The land subject to flooding and land deemed
by the Planning Board to be uninhabitable shall not be platted for
residential construction or occupancy in accordance with N.J.S.A.
58:16A-50 et seq., nor for such other uses as may increase danger
to health, life or property, or aggravate the flood hazard. However,
such land within the plat may be set aside for such uses as will not
be endangered by periodic or occasional inundation, or will not produce
unsatisfactory living conditions.
No trees, brush or debris shall be used as land
fill or in lieu thereof, nor shall any land filling operation be performed
in such a manner as to cover unremoved trees and debris on any streets,
lots or otherwise.
[Amended 9-28-1989 by Ord. No. 223]
No development, except for those uses which are specifically authorized in §
200-42A of Chapter
200, Zoning, shall be permitted in a wetland or within 300 feet of any wetland unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland, as set forth in §
200-42B of Chapter
200, Zoning.
The statement shall include:
A. The reason for the project.
B. An inventory of existing environmental conditions
at the project site and in the surrounding region, which shall describe:
(8) Aquatic organisms (if any);
(10)
Present population density;
(14)
Archaeology (if applicable);
C. If there is to be development, a project description
which shall specify what is to be done and how it is to be done, during
construction and operation.
D. A listing of all licenses, permits or other approvals
as required by law and the status of each.
E. An assessment of the probable impact of the development upon all topics described in Subsection
B.
F. A listing of adverse environmental impacts which cannot
be avoided, including:
(4) Undesirable land use patterns;
(5) Damage to or destruction of significant plant or wild
life systems;
(7) Destruction of natural resources;
(8) Displacement of viable farms;
(9) Destruction of man-made resources;
(10)
Disruption of desirable community and regional
growth;
(11)
Health, safety and well-being of the public.
[Amended 2-9-1984 by Ord. No. 167; 4-12-1984 by Ord. No.
168; 8-9-1984 by Ord. No. 173; 6-11-1998 by Ord. No. 216A]
The following schedule of fees and escrows is
established:
A. The applicant, at the time of filing a submission
to the Planning Board, shall pay to the Borough of Folsom the required
application fees and escrows. The application fees are nonrefundable.
The escrows will be paid to the Borough and are held to cover the
costs of Board professional services, administrative cost, and other
expenses.
B. The required escrows are estimates, and the actual
amounts needed may be less than or more than the amounts indicated.
Any escrow funds not used will be returned to the applicant at the
conclusion of the matter without interest. If the escrow funds are
substantially depleted before the conclusion of the matter, the applicant
will be required to post additional funds in order to return the escrows
to the original required amounts and to have the matter proceed.
C. If at the conclusion of the matter there are not sufficient
escrow funds to cover all costs of the Borough, a bill for such deficiency
will be submitted to the applicant and will be paid immediately. In
the event it is necessary for the Borough to file suit to collect
any unpaid costs, the applicant will be responsible for all costs
of collection, including reasonable attorney's fees. The Borough may
enforce payment by the withholding of building permits or certificates
of occupancy.
D. Where one submission includes more than one application
or request for relief, or where preliminary and final approval is
sought simultaneously, the applicant shall be responsible for payment
of the sum of all of the individually required fees and escrows. The
Board may, however, waive any portion of the required escrows where
it appears reasonably likely that the full amount normally required
would not be necessary. The applicant would not be relieved of the
obligation to post the full required escrow amounts should the Board
subsequently determine it necessary. Also, the applicant would still
remain responsible for paying the actual amount of Board expenses
and costs.
E. Application fee and escrow amounts.
[Amended 11-9-2005 by Ord. No. 17-2005]
|
Category
|
Application
|
Escrow
|
---|
|
Minor subdivision
|
$150 plus $20 per lot
|
$500
|
|
Major subdivision
|
|
|
|
|
Preliminary
|
$400 plus $25 per lot
|
$4,000
|
|
|
Final
|
$400 plus $25 per lot
|
$1,000
|
|
Site plans
|
|
|
|
|
Nonresidential, preliminary (square feet of building)
|
|
|
|
|
|
Under 5,000
|
$500
|
$2,000
|
|
|
|
From 5,001 to 10,000
|
$600
|
$2,500
|
|
|
|
From 10,001 to 50,000
|
$800
|
$3,000
|
|
|
|
From 50,001 to 100,000
|
$900
|
$4,000
|
|
|
|
Greater than 100,000
|
$1,000
|
$5,000
|
|
|
Residential
|
|
|
|
|
|
Up to 25 units
|
$400 plus $25 per unit
|
$2,500
|
|
|
|
25 or more units
|
$600 plus $25 per unit
|
$3,500
|
|
|
Final
|
$500
|
$1,000
|
|
Informal meeting / review
|
|
$200
|
|
|
"C" variance
|
$200
|
$500
|
|
|
"D" variance
|
$200
|
$500
|
|
Appeal of Zoning Officer's decision
|
$200
|
$500
|
|
Interpretation of Zoning Ordinance
|
$200
|
$500
|
|
Tax Map update (for all applications which would result in a
change to the Borough Tax Map)
|
|
$50 per lot
|
F. Inspection and escrow. Upon final approval, the applicant
shall pay to the Borough an inspection fee equal to the percentage
listed below:
|
Estimated Cost of Construction
|
Maximum Inspection Fee
|
---|
|
$0 to $10,000
|
7%
|
|
$10,000 + to $20,000
|
6%
|
|
$20,000 + to $50,000
|
5%
|
|
$50,000 + to $100,000
|
4 1/2%
|
|
$100,000 + to $300,000
|
4%
|
|
$300,000 +
|
3 1/2%
|
[Added 9-28-1989 by Ord. No. 223]
In amending this chapter, the Borough shall
comply with all the requirements of N.J.A.C. 7:50-3.45.
[Added 7-13-2005 by Ord. No. 14-2005]
All applications to the Planning Board shall
be reviewed for completeness in accordance with the adopted checklist. The checklist shall be made available to all applicants.