[Amended 2-25-1997 by Ord. No. 97-03]
A.
Subdivision. Any owner of land lying within the Borough
of Garwood shall, prior to the subdivision or resubdivision of land
as defined by this chapter, and before conveying legal or equitable
title to such subdivision or any part thereof, obtain final approval
of a subdivision plat pursuant to the provisions of this chapter.
Such approval shall be a condition for the filing of such plats with
the county recording officer. Failure to obtain final subdivision
approval as required shall subject the property owner to the provisions
of N.J.S.A. 40:55D-54 and 40:55D-55.
B.
Site plan. Any owner of land lying within the Borough
of Garwood shall, except as hereinafter provided, prior to any change
of use of land requiring a certificate of occupancy, or commencement
or enlargement of any use requiring fencing or landscape screening
pursuant to this chapter, or prior to any improvement of land involving
excavation, removal of soil, clearing of any site, or placing of any
fill on land contemplated for development, or before any construction
or alteration of any structure or parking area which would extend
the exterior dimensions of such area, or proposing a conditional use
in any zoning district, obtain final site plan approval pursuant to
the provisions of this chapter. Site plan approval is required for
conversions of two-family dwelling units to three- or more family
dwelling units. Site plan approval shall not be required for construction
related to individual, detached one or two dwelling unit structures,
occupancy certificates thereto or any uses or structures accessory
thereto, or developments proposed by the Borough of Garwood.
C.
Building permit. No building permit shall be issued for any structure or other construction activity until final approval has been granted to a site plan for such development or such development has been certified as exempt by the Construction Official pursuant to the provisions of § 106-70B of this chapter. Where no exemption is certified, no building permit shall be issued except in conformance with that final site plan approval and no building permit shall be issued until satisfactory proof has been submitted by the applicant that he has complied with all requirements of the approving authority and he has all necessary easements, rights-of-way, leases or other documents required to commence and complete the work requisite in the approved site plan.
D.
Zoning permit. It is the intent of this chapter to
utilize a zoning permit where a building permit or Board approval
may not be required, but where regulatory oversight is necessary to
insure proper and safe installation of site elements such as fences,
swimming pools, sheds, and other site development or structures as
seen fit by the Zoning Officer. No lot or lots shall be occupied,
used, graded, cleared, fenced, or altered or improved in any way in
whole or in part for any purpose whatsoever unless and until a zoning
permit therefore shall have been issued by the Zoning Officer. A zoning
permit shall be required for the use of any lot, or lots, which do
not have upon them a structure. Whenever there shall be a change contemplated
in the use of any lot or lots which do not have a structure upon them,
a new zoning permit shall be required. The issuance of a building
permit or certificate of occupancy shall be deemed to include the
issuance of a zoning permit.
[Amended 2-25-1997 by Ord. No. 97-03]
A.
All applications for development, except sketch plats for major subdivisions, are required to provide the following exhibits regarding the site to be developed or subdivided at a minimum. The approving authority may request other such information as may be reasonably required. (Applicants should consult the Developer's Assistance Package identified in § 106-78B which further explains requirements and procedures.)
(1)
Name of the proposed development.
(2)
All administrative information required on the application
forms as adopted by the approving authorities applicable to the proposed
development.
(3)
Copy of any protective covenants and deed restrictions
related to the subject property. If a deed restriction or easement
is found to exist after an approving authority has granted approval
to an application, the approval shall be deemed null and void. The
applicant is required to submit a revised application with the new
information.
(4)
Tax Map sheet showing all block and lot numbers and
owners of the properties in question. This information may be provided
on the site plan.
(5)
Proof of payment of all taxes and assessments due.
Payment of all taxes and assessments due shall be required prior to
any application being deemed complete.
(6)
A map or drawing in one of four standard sizes, namely:
8 1/2 inches by 13 inches, 30 inches by 42 inches, 24 inches
by 36 inches, or 15 inches by 21 inches, folded to a maximum size
of nine inches by 12 inches showing:
(a)
Key map with reference to all streets within
600 feet, including zone districts.
(b)
Name and address of applicant and property owner.
(c)
Name and address and seal of architect/engineer/surveyor/planner
or landscape architect who prepared plan.
(d)
Name and description of proposal.
(e)
Date prepared and any and all revision dates.
(f)
Graphic scale, north arrow and reference meridian.
(g)
Dimensions and bearings of all existing and
proposed property lines or easements.
(h)
Dimensions of existing and proposed street rights-of-way,
both within and adjacent to the subject property, including street
names.
(i)
Location, dimensions and use of all existing
and proposed structures, showing the height, roof overhang, building
area, pedestrian and vehicular entrances, fire escapes, and window
openings. All structures that are on adjacent properties, but are
located within 10 feet of the subject property are also to be indicated.
(j)
Location of all existing and proposed subsurface
and aboveground utilities (gas, water, telephone, electric, sanitary
sewer, oil, etc.), including the location of all laterals.
(k)
Square footage and/or acreage to the nearest
tenth of all parcels.
(l)
General slope and natural drainage, and watercourse
locations and all natural features, including trees over four inches
caliper.
(m)
Location and dimensions of existing and proposed
drainage improvements, parking, loading, curb cuts, driveways, driveway
aprons, sidewalks and yards (front, side, and rear).
(n)
Signature block for Borough Engineer, Board
Chairman and Board Secretary.
(o)
Delineation of flood hazard areas.
(p)
Tabulation indicating the square foot area of
structures, pavement and open space together with the percent of their
lot coverage and floor area ratio.
(q)
Zoning district of the subject property and
all zone districts within 200 feet of the subject property.
(r)
An outbound survey of the tract certified by
a licensed New Jersey Land Surveyor, or appropriate reference to such
survey.
B.
Preliminary subdivision plat. The following information is required in addition to that specified in § 106-71A.
(1)
Location of all proposed street rights-of-way, including
cross sections and center line profiles and tentative grades.
(2)
Plans and profiles of any proposed utility layout,
including easements.
(3)
Location of all structures on adjacent tracts within
100 feet and along the same street line as the subject property.
(4)
All existing and proposed contours at one-foot intervals
within the tract and within 30 feet of the subject property indicating
all high and low points.
C.
Subdivision plat final approval. The following information is required in addition to that specified in § 106-71B.
(2)
A plat, in conformance with the Official Map Filing
Act, or deed description in conformance with an approved preliminary
plat.
(3)
If applicable, a stream encroachment permit or waiver
for the proposed development.
(4)
If applicable, a permit or exemption issued under
the Soil Erosion and Sedimentation Control Act.
(5)
The location of all land to be reserved or dedicated
to public use.
(6)
The location and description of all monuments.
D.
Site plan for preliminary approval. The following information is required in addition to that specified in § 106-71A.
(1)
Scaled architectural depiction of exterior building
elevations, a description of facade materials and floor plans of sufficient
detail to apprise the approving authority of the scope of the proposed
work.
(2)
Building construction type/class (BOCA Code).
(3)
Parking aisle and stall dimensions and pavement surface
type.
(4)
Finished floor elevations of all existing and proposed
structures referenced to geodetic data.
(5)
Curbing and apron type.
(6)
Computation of required stormwater detention volume
and specification of minimum volume to be detained subsurface as part
of a complete site drainage and grading plan.
(7)
Total architectural lighting plan indicating location,
type, and height of lighting standards with accompanying illumination
design average and one footcandle trace.
(8)
Location, type, and height of fences, walls, and screening.
(9)
Location and plant schedule of trees, shrubs, and
seeded or groundcover areas.
(10)
Location and height of terraced and bermed areas
and location at all open space areas.
(11)
Location, type, and volume of refuse storage
and recycling facilities.
(12)
Existing and proposed contour lines at one-foot
intervals inside the tract and within 30 feet of the tract's boundaries
with spot elevations at all changes in grade due to construction.
(13)
Appropriate construction details.
(14)
Location, type and dimension of pedestrian paths,
walkways and sidewalks and all barrier free design.
(15)
There shall also be included a written description
of the proposed use(s) and operation(s) of the building(s), including
the number of employees or members of nonresidential buildings; the
proposed number of shifts to be worked and the maximum number of employees
on each shift; expected truck traffic; anticipated hours of operation
and anticipated expansion plans incorporated in the building design.
E.
Site plan for final approval. The following information is required in addition to that specified in § 106-71A and D.
(1)
A site plan conforming to the conditions of preliminary
approval.
(2)
If applicable, a stream encroachment permit or waiver
for the proposed development.
(3)
If applicable, a permit or exemption issued under
the Soil Erosion and Sedimentation Control Act.
(4)
Profiles and specifications for proposed curbing and
driveway aprons.
(5)
If applicable, a permit or waiver from the New Jersey
Department of Transportation for curb cuts or other improvements within
the state right-of-way, and proof of conformance with the State Highway
Access Management Code adopted by the state with respect to any state
applicable highways.
[Added 5-25-2010 by Ord. No. 10-08]
Pursuant to N.J.S.A. 13:1E-99.13a and N.J.S.A. 13:1E-99.16(c):
A.
Any
application to the Planning Board of the Borough of Garwood, for subdivision
or site plan approval for the construction of 25 or more units of
multifamily residential housing, single-family developments of 50
or more units, or any commercial, institutional, or industrial development
proposal for the utilization of 1,000 square feet or more of land,
must include a recycling plan. This plan must contain, at a minimum,
the following:
(1)
A detailed analysis of the expected composition and amounts of solid
waste and recyclables generated at the proposed development and
(2)
Locations documented on the application’s site plan that provide
for convenient recycling opportunities for all owners, tenants, and
occupants. The recycling area shall be of sufficient size, convenient
location and contain other attributes (signage, lighting, fencing,
etc.) as may be determined by the municipal recycling coordinator.
B.
Prior
to the issuance of a certificate of occupancy by the Borough of Garwood,
the owner of any new multifamily housing or commercial, institutional,
or industrial development must supply a copy of a duly executed contract
with a hauling company for the purposes of collection and recycling
of source-separated recyclable materials, in those instances where
the municipality does not otherwise provide this service.
C.
Provision
shall be made for the indoor, or enclosed outdoor, storage and pickup
of solid waste, to be approved by the municipal engineer.
When acting upon applications for preliminary site plan or minor subdivision approval, the approving authority shall have the power to grant such exceptions from the specific requirements of site plan or subdivision submission as stated in § 106-86 of this article as may be reasonable and within the general purpose and intent of the provisions of site plan and subdivision approval of this chapter, if the literal enforcement of one or more provisions of the section is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
[Amended 2-25-1997 by Ord. No. 97-03]
The approving authority may waive requirements for site plan approval as specified in § 106-71 of this chapter when it is sought solely for a change of use or occupancy and no extensive construction or improvements which would change the nature of the use or exterior dimensions of any existing use or structure is sought. The waiver may be granted only upon written request by an applicant and adoption of a resolution by the approving authority finding that the change will not affect existing drainage, circulation, relationship of structures to each other, landscaping, buffering, lighting and other considerations of site plan approval, that the existing facilities do not require upgrading or additional site improvements, and the receipt of positive findings by the Zoning Officer, Borough Engineer and Planning Advisor, and the Site Plan and Subdivision Committee, if applicable. This waiver may not be granted if in the opinion of any of the above named officials the structure(s) for which the change of use or occupancy is sought are in such location or situated on a site that is in such a state as to make the occupancy of the structure(s) unsafe, unhealthful, or hazardous or in a condition that would prevent ready access to the structure(s) by fire or emergency vehicles. The application for a waiver of site plan approval shall include a discussion of the prior use of the site, the proposed use, and its impact. The waiver can be granted only at a public meeting with notice given in accordance with Article I, fees to be paid in accordance with Article XII and within the procedures as stated in § 106-78 of this article
[Amended 2-25-1997 by Ord. No. 97-03]
The Chairperson of the approving authority may
appoint a Subdivision and Site Plan Review Committee to review, comment
and make recommendations to the authority as a whole with respect
to subdivision and site plan applications and to perform other duties
as requested by the Board. The Committee shall consist of at least
two Board members along with technical and other staff members such
as the Borough Engineer, Planner, Zoning Officer or Construction Official
as deemed appropriate. When deciding on a matter involving a minor
site plan or subdivision pursuant to N.J.S.A. 40:55D-46.1 and N.J.S.A.
40:55D-47, only those members of the Subdivision and Site Plan Committee
who are members or alternates of the Board having jurisdiction to
act may vote on matters at the Committee meeting.
[Amended 2-25-1997 by Ord. No. 97-03]
The approving authority shall have the power
to review and approve or deny conditional uses or site plans simultaneously
with review for subdivision approval without the developer being required
to make further application to the approving authority or the approving
authority being required to hold further hearings. The longest time
period for action by the approving authority, whether it is for subdivision,
conditional use or site plan approval, shall apply. Whenever approval
of a conditional use is requested by a developer pursuant to this
subsection, notice of the hearing shall include reference to the request
for such conditional use.
[Amended 2-25-1997 by Ord. No. 97-03]
A.
The order of precedence of applications for development
shall be as follows:
[Amended 12-10-2002 by Ord. No. 02-28]
|
Application
|
Jurisdiction
| ||
|---|---|---|---|
|
Variance (N.J.S.A. 40:55D-70d)
|
Planning Board
| ||
|
Subdivision
|
Planning Board
| ||
|
Site plan
|
Planning Board
| ||
|
Conditional use
|
Planning Board
| ||
|
Variance (N.J.S.A. 40:55D-70c)
|
Planning Board
| ||
|
Building permit for structure not related to
a street
|
Planning Board
| ||
|
Building permit for structure in bed of mapped
street, public drainageway, flood control basin or public area
|
Planning Board
|
B.
The jurisdiction of the matter of greatest precedence
shall apply, and the agency having jurisdiction over the application
shall have jurisdiction over all types of development of lesser precedence
as regulated by this chapter.
[Amended 2-25-1997 by Ord. No. 97-03]
A.
Action by Planning Board. Upon the submission of a
complete application for development, the Planning Board shall grant
or deny approval within the maximum number of days of the date of
such submission as specified below or within such further time as
may be consented to by the applicant. Where more than one type of
application is involved, the longer time period shall apply.
|
Type of Development Application
|
Time Period
| |
|---|---|---|
|
Subdivision plats and site plans
|
45 days
| |
|
Preliminary approval
|
45 days
| |
|
Final approval
|
45 days
| |
|
Conditional use authorization
|
95 days
| |
|
Variance
|
95 days
| |
|
Direction for issuance of a building permit
|
95 days
|
B.
Action by Planning Board. The Planning Board shall
grant or deny approval within 120 days of the date of acceptance of
a complete application for a variance pursuant to N.J.S.A. 40:55D-70d,
or upon the filing of an appeal from a decision by the Zoning Officer.
The Planning Board shall render decisions in all other development
applications within the time periods as described above for the Planning
Board.
[Amended 12-10-2002 by Ord. No. 02-28]
[Amended 2-25-1997 by Ord. No. 97-03]
A.
Preapplication conference/informal review.
(1)
Upon written request by an applicant, approving authority
may authorize the Site Plan and Subdivision Committee and any other
municipal representatives invited by the Board Chairperson to conduct
a preapplication conference. The purpose of this conference is to:
(a)
Acquaint the applicant with the substantive
and procedural requirements of the Subdivision and Site Plan Ordinance;
(b)
Provide for an exchange of information regarding
the proposed development plan and applicable elements of the Master
Plan, Zoning Ordinance and other development requirements;
(c)
Advise the applicant of any public sources of
information that may aid the application;
(d)
Otherwise identify policies and regulation that
create opportunities or pose significant constraints for the proposed
development;
(e)
Review any proposed concept plans and consider
opportunities to increase development benefits and mitigate undesirable
project consequences; and
(f)
Permit input into the general design of the
project.
(2)
Applicants seeking a preapplication conference shall
submit the information stipulated in § 106-86A of this chapter
to the Zoning Officer. The Zoning Officer shall forward this request
to the appropriate Board Secretary who will arrange a preapplication
conference and advise the applicant of the scheduled date within 14
days of the request.
(3)
The applicant shall submit a fee for this conference in accordance with Article XII of this chapter. This fee shall be a credit towards the fees required for review of the application for development if it is subsequently properly filed. If requested and paid for by the applicant, a brief written summary of the preapplication conference shall be provided within 14 days after the final meeting. Public notice is not required to be served for a preapplication conference/informal review.
(4)
Neither the applicant nor the approving authority
shall be bound by any determination of the preapplication conference.
B.
A Developer's Assistance Package which is a copy of all site plan and subdivision application forms, checklists and documents and the Borough Zoning Ordinance may be obtained from the Borough Construction Department during regular business hours. The fee for the Developer's Assistance Package and the Borough Zoning Ordinance is as per Article XII of this chapter. Applicants are encouraged to obtain a copy of each of these documents in order to avoid unnecessary delays due to the submission of incomplete applications.
C.
All applicants shall submit one original and six copies of an application for development to the Zoning Officer pursuant to § 106-76 of this chapter. This includes the application documents, requisite plans or plats as per § 106-71 of this chapter, and the application fees as provided for in Article XII of this chapter.
D.
An applicant may file an application for development
with the Planning Board for action under § 106-54A and B
without prior application to the Zoning Officer.
E.
It is recommended that an applicant file a sketch
plat of a major subdivision for preliminary discussion before the
preliminary plat is prepared. The review of the sketch plat is designed
to enable the approving authority and the applicant to discuss principles
involved in the application before the applicant has gone to the expense
of completing detailed engineering drawings. Any review or acceptance
of a sketch plat is not tantamount to an approval and does not authorize
subdivision approval, recording, or the commencement of construction.
F.
Upon receipt of the information required under § 106-78C, the Zoning Officer shall distribute the application for review and reports to the following officials:
G.
The Zoning Officer, in consultation with the Borough Engineer and Planning Advisor, shall determine the completeness of the application as per § 106-17 of this chapter and advise the applicant in writing as required. Upon the determination of a complete application, the applicant shall immediately submit nine additional copies of the application documents and plans/plats. Upon their receipt, the Zoning Officer shall forward all papers constituting the complete application to the Secretary of the Board having jurisdiction over the matter. The Board Secretary shall schedule a hearing under the provisions of Article I of this chapter. A hearing shall be held on all applications for development.
[Amended 2-25-1997 by Ord. No. 97-03]
Whenever review or approval of the application
by the Union County Planning Board is required, the approving authority
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the County Planning Board
or failure to report thereupon within the required time.
[Amended 2-25-1997 by Ord. No. 97-03]
The approving authority may grant approval to
an application for development where it finds that:
A.
The proposed development is consistent with the Master
Plan proposals adopted by the Planning Board.
B.
The proposed use shall be compatible with surrounding
uses.
C.
The proposed use shall not have any injurious effect
on surrounding property values.
D.
The proposed use is so designed, located and proposed
to be operated that the public health, welfare, safety and convenience
of the citizens will be protected.
E.
The interests of the public, and of the residents,
occupants and owners of the proposed development are protected.
G.
The streets are of sufficient width and suitable grade
and suitably located to accommodate prospective traffic and to provide
easy access for fire-fighting and emergency equipment to buildings
and coordinated so as to compose a convenient and efficient system
consistent with the Official Map and the circulation element of the
Master Plan, provided that no street of a width greater than 50 feet
within the right-of-way lines shall be required unless said street
constitutes an extension of an existing street or a street shown on
the Official Map which is of greater width.
H.
Adequate potable and fire water supplies, drainage,
shade trees, sewerage facilities and other utilities necessary for
essential service to residents and occupants are provided.
I.
Off-tract water, sewer, drainage and street improvements
which are necessitated by development are provided.
J.
Development of lands designated as subject to flooding
is designed so as to avoid danger to life and property.
K.
Provision is made for protection and conservation
of soils from erosion by wind, water, excavation or grading and from
contamination by unsanitary fill or dumping.
L.
The applicant has submitted evidence that no taxes
or assessments for local improvements are due or delinquent on the
property for which application is made.
M.
Where deemed appropriate, that the proposed structures
are suitably located.
N.
Safe and efficient vehicular and pedestrian circulation,
parking and loading is provided.
O.
Exterior lighting is adequate for safety and security
reasons.
P.
Existing natural resources are to be preserved by
the development.
Q.
The proposed development is suitably screened and
landscaped.
R.
The provisions of the Borough Recycling Ordinance
are properly addressed by the proposed development.
S.
The proposed development is in conformance with the
State, County, and Borough Highway Access Management Codes adopted
by the state, county and Borough with respect to state highways, county
roads and municipal streets within the Borough.
[Amended 2-25-1997 by Ord. No. 97-03]
Preliminary approval of a subdivision or site
plan shall confer upon the applicant the following rights for a three-year
period from the date on which the resolution of preliminary approval
is adopted:
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;
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 street lighting, except
that nothing herein shall be construed to prevent the Borough from
modifying by ordinance such general terms and conditions of preliminary
approval as relate to public health and safety.
[Amended 12-10-2002 by Ord. No. 02-28]
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 subdivision plat or site
plan.
C.
That the applicant may apply for and the reviewing
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.
Whenever the Planning Board grants an extension of
preliminary approval, and preliminary approval has expired before
the date on which the extension is granted, the extension shall begin
on what otherwise would be the expiration date. The developer may
apply for the extension either before or after what would otherwise
be the expiration date.
E.
The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of preliminary approval or (2) the 91st day after the developer receives the last legally required approval from the other governmental entities, whichever occurs later. An extension granted pursuant to this section shall not preclude the Planning Board from granting an extension pursuant § 106-81C of this chapter.
[Amended 2-25-1997 by Ord. No. 97-03]
A.
Before granting of final approval for subdivision
plats or site plans, or as a condition to the issuance of a zoning
permit, the approving authority may require and shall accept the following
in accordance with the standards adopted by this chapter for the purpose
of assuring the installation and maintenance of on-tract improvements:
(1)
The furnishing of a performance guaranty in favor
of the Borough in an amount not to exceed 120% of the cost of installation,
which cost shall be determined by the Borough Engineer according to
the method of calculation set forth in N.J.S.A. 40:55D-53.4 and this
chapter, for improvements it may deem necessary or appropriate, including
streets, grading, pavement, gutters, curbs, sidewalks, street lighting,
shade trees, surveyors' monuments as shown on the final map and as
required by the Map Filing Law (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 Borough
Engineer shall review the improvements required by the approving authority
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 approving authority and shall
be appended to each performance guarantee posted by the obligor. The
Borough Engineer shall forward an estimate of the cost of improvements
to the obligor within 30 days of the date of receipt of a request
sent by certified mail for said estimate.
(2)
The furnishing of a maintenance guaranty to be posted
with the Borough Council 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, which cost shall be determined by
the Borough Engineer according to the method of calculation set forth
in N.J.S.A. 40:55D-53.4 and this chapter. In the event that other
governmental agencies or public utilities automatically will own the
utilities to be installed or that 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.
The Borough Clerk will forward a copy of the Council
resolution and the performance and or maintenance bond to the Board
Secretary and Borough Engineer.
C.
The amount of any performance guaranty may be reduced
by the Borough Council by resolution, when portions of the improvements
have been certified by the Borough 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 Borough
Council resolution. As a condition or as part of any extension of
time, 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 installation, which cost shall be determined by the Borough
Engineer according to the method of calculation set forth in N.J.S.A.
40:55D-53.4 as of the time of the passage of the resolution.
D.
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 Borough for the
reasonable cost of the improvements not completed or corrected, and
the Borough may, either prior to or after the receipt of the proceeds
thereof, complete such improvements. Such completion or correction
of improvements shall be subject to the public bidding requirements
of the Local Public Contracts Law.
E.
Upon substantial completion of all required site improvements
(except for the top course) and appurtenant utility improvements,
and the connection of same to the public system, the obligor shall
notify the Borough Council in writing, by certified mail addressed
in care of the Borough Clerk, of the completion of said improvements
and shall send a copy simultaneously to the Borough Engineer. Thereupon,
the Borough Engineer shall inspect all of the improvements and shall
file a detailed list and report, in writing, with the Borough Council,
and simultaneously with the obligor, indicating either approval, partial
approval or rejection of the improvements with a statement of reasons
for any rejection not later then 45 days after receipt of the obligor's
request. The list prepared by the Borough Engineer shall state, in
detail, with respect to each improvement determined to be incomplete
or unsatisfactory, the nature and extent of the incompleteness of
each improvement or the nature and extent of, and remedy for, the
unsatisfactory state of each completed improvement determined to be
unsatisfactory. The report shall also identify each 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 improvement, in accordance
with the itemized cost estimate prepared by the Borough Engineer and
appended to the performance guarantee as per above.
F.
The Borough Council, by resolution, shall either approve
the improvements determined to be complete and satisfactory to the
Borough Engineer, or reject any or all of these 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. This resolution shall be adopted not
later than 45 days after the receipt of the list and report prepared
by the Borough Engineer. Upon adoption of the resolution by the Borough
Council, the obligor shall be released from all liability pursuant
to its performance guarantee, 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 performance guarantee posted
may be retained to ensure completion of all improvements.
G.
If the Borough Engineer fails to send or provide the
list and report as requested by the obligor within 45 days from the
receipt of the request, the obligor may apply to the court in a summary
manner for an order compelling the Borough Engineer to provide the
list and report within a stated time and the cost of applying to the
court, including reasonable attorney's fees, may be awarded to the
prevailing party.
H.
If the Borough Council fails to approve or reject
the improvements determined by the Borough Engineer to be complete
and satisfactory or reduce the performance guarantee for the complete
and satisfactory improvements within 45 days from the receipt of the
Borough Engineer's list and report, the obligor may apply to the court
in a summary manner for an order compelling, within a stated time,
approval of the complete and satisfactory improvements and approval
of a reduction in the performance guarantee for the approval complete
and satisfactory improvements in accordance with the itemized cost
estimate prepared by the Borough Engineer and appended to the performance
guarantee, and the cost of applying to the court, including reasonable
attorney's fees, may be awarded to the prevailing party.
I.
In the event that the obligor has made a cash deposit
with the Borough or approving authority as part of the performance
guarantee, then any partial reduction granted in the performance guarantee
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.
J.
If any portion of the required improvements is rejected,
the approving authority 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. 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 the Borough Engineer.
K.
The obligor shall reimburse the Borough for all reasonable
inspection fees paid the Borough Engineer for the foregoing inspection
of improvements; provided that the municipality may require of the
developer a deposit for the inspection fees in an amount not to exceed,
except for extraordinary circumstances, the greater of $500 or 5%
of the cost of improvements, which cost shall be determined pursuant
to N.J.S.A. 40:55D-53.4. For those developments for which the reasonably
anticipated fees are less than $10,000, fees may, at the option of
the developer, be made in two installments. The initial amount deposited
by a developer shall be 50% of the reasonably anticipated fees. When
the balance on deposit drops to 10% of the reasonably anticipated
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 reasonably anticipated fees.
For those developments for which the reasonably anticipated fees are
$10,000 or greater, fees may, at the option of the developer, be made
in four installments. The initial amount deposited by a developer
shall be 25% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid to the Borough Engineer for inspections, the developer shall
make additional deposits of 25% of the reasonably anticipated fees.
The Borough Engineer shall not perform any inspection if sufficient
funds to pay for those inspections are not on deposit. In the event
that final approval is by stages or sections of development pursuant
to N.J.S.A. 40:55D-38, the provisions of this section shall apply
by stage or section.
L.
To the extent that any of the improvements have been
dedicated to the municipality on the subdivision plat or site plan,
the Borough Council shall be deemed, upon the release of any performance
guarantee required pursuant to this section, to accept dedication
for public use of streets or roads and any other improvements made
thereon according to the site plans and subdivision plats approved
by the approving authority, provided that such improvements have been
inspected and have received final approval by the appropriate Borough
officials.
[Amended 2-25-1997 by Ord. No. 97-03]
A.
Prior to the expiration of preliminary approval, the applicant may submit to the Secretary of the Board which granted such approval application for final approval. Such submission for final site plan approval is to include five sets of appropriate application forms, site plans, and required documents in addition to the fee as provided for in Article XII of this chapter. Submissions for final subdivision approval shall include five sets of the appropriate application forms, one original and five copies of the revised deed or plat, and required documents, in addition to the fee as provided for in Article XII of this chapter.
B.
The approving authority shall grant final approval
to the submittal if the detailed drawings, specifications and estimates
of the application conform to the standards adopted 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 (N.J.S.A. 46:23-99 et seq.)
C.
Final approval shall be granted or denied within 45
days after submission of a complete application to the zoning officer,
or within such further time as may be consented to by the applicant.
Failure of the approving authority to act within the period prescribed
shall constitute final approval and a certificate of the Zoning Officer
as to the failure of the approving authority to act shall be issued
on request of the applicant, 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.
[Amended 2-25-1997 by Ord. No. 97-03]
A.
The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the developer
pursuant to preliminary approval, whether conditionally or otherwise,
shall not be changed for a period of two years after the date on which
the resolution of final approval is adopted, provided that in the
case of subdivision the rights conferred by this section shall expire
if the plat has not been duly recorded within the time period provided.
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,
the approving authority may extend such period of protection for extensions
of one year but not to exceed three extensions. Notwithstanding any
other provisions of this chapter or the Municipal Land Use Law, the
granting of final approval terminates the period of preliminary approval.
B.
Whenever the Planning Board grants an extension of
final approval, and final approval has expired before the date on
which the extension is granted, the extension shall begin on what
otherwise would be the expiration date. The developer may apply for
the extension either before or after what would otherwise be the expiration
date.
C.
The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of final approval or (2) the 91st day after the developer receives the last legally required approval from the other governmental entities, whichever occurs later. An extension granted pursuant to this section shall not preclude the Planning Board from granting an extension pursuant to § 106-78A of this chapter.
[Amended 2-25-1997 by Ord. No. 97-03]
A.
Recording of final approval of subdivision.
(1)
Final approval of a subdivision shall be evidenced
by the signature of the Chairman and Secretary of the approving authority
on the instruments.
(a)
Final approval of a major subdivision shall
expire 95 days from the date of the signing of the plat unless within
such period the plat shall have been duly filed with the county recording
officer. The approving authority may, for good cause shown, extend
the period for recording an additional period not to exceed 190 days
from the date of signing of the plat.
[1]
The Planning Board may extend the one-hundred-ninety-day
period for filing a minor subdivision plat or deed if the developer
proves to the reasonable satisfaction of the Board that the developer
(1) was barred or prevented, directly or indirectly, from filing because
of delays in obtaining legally required approvals from other governmental
or quasi-governmental entities, and (2) applied promptly for and diligently
pursued the required approvals. The length of the extension shall
be equal to the period of delay caused by the wait for the required
approvals, as determined by the Board. The developer may apply for
the extension either before or after what would otherwise be the expiration
date.
(b)
Final approval of a minor subdivision shall
expire 190 days from the date on which the resolution of Borough approval
is adopted unless within such period a plat or a deed clearly describing
the approved subdivision, and signed by the Borough Engineer, and
the Board Chairman and Secretary is filed with the county recording
officer, the Borough Engineer and the Borough Tax Assessor. Failure
to record such a plat or deed within the specified time period shall
void preliminary approval.
[1]
The Planning Board may extend the one-hundred-ninety-day
period for filing a minor subdivision plat or deed if the developer
proves to the reasonable satisfaction of the Board that the developer
(1) was barred or prevented, directly or indirectly, from filing because
of delays in obtaining legally required approvals from other governmental
or quasi-governmental entities, and (2) applied promptly for and diligently
pursued the required approvals. The length of the extension shall
be equal to the period of delay caused by the wait for the required
approvals, as determined by the Board. The developer may apply for
the extension either before or after what would otherwise be the expiration
date.
B.
Filing of all subdivision plats. It shall be the duty
of the county recording officer to notify the approving authority
and the Borough Tax Assessor in writing within seven days of the filing
of any plat, identifying such instrument by its title, date of filing
and official number. If the county recording officer records any plat
without such approval, such recording shall be deemed null and void,
and upon written request of the governing body the plan shall be expunged
from the official records.
[Amended 2-25-1997 by Ord. No. 97-03]
Should the approving authority fail to reach
a decision within the specified time periods or extensions thereof,
the applicant may request from the Secretary of the approving authority
a certificate indicating the approving authority's failure to act.
Such certificate shall be sufficient in lieu of the written endorsement
or other required evidence of approval.
