These rules, regulations and standards shall
be considered the minimum requirements for the protection of the public
health, safety and welfare of the citizens of the Township of Hillsborough.
Any action taken by the Planning Board and Board of Adjustment under
the terms of this chapter shall give primary consideration to the
requirements of this chapter and to the welfare of the entire community.
[Amended 3-25-1980 by Ord. No. 80-2; 7-14-1981 by Ord. No. 81-11; 4-9-1985 by Ord. No. 85-1; 3-8-1988 by Ord. No. 88-4]
Any and all appeals from any final decision
of the Board of Adjustment approving an application for development
pursuant to N.J.S.A. 40:55D-70d shall be made directly to the Superior
Court of New Jersey.
[Amended 11-13-1979 by Ord. No. 79-16; 3-25-1980 by Ord. No. 80-2]
A.
Establishment and composition.
(1)
A Zoning Board of Adjustment is hereby established
pursuant to N.J.S.A. 40:55D-69 et seq., as amended, consisting of
seven regular members and two alternate members, all of whom shall
be residents of the Township of Hillsborough, appointed by the Township
Committee to serve as hereinafter set forth.
[Amended 2-13-2007 by Ord. No. 2007-04; 10-9-2012 by Ord. No. 2012-25; 12-18-2018 by Ord. No. 2018-20]
(a)
The regular members shall be appointed for terms
of four years from January 1 of the year of their appointment. Nothing
in this chapter shall, however, be construed to affect the terms of
any present members of the Zoning Board of Adjustment, all of whom
shall continue in office until the completion of the terms for which
they were appointed. The terms of the regular members shall be arranged
so that not more than two shall expire in any one year.
(b)
The terms of the alternate members shall be
for two years, except that the terms of the alternate members shall
be such that the term of not more than two alternate members shall
expire in any one year.
(2)
Alternate members shall be designated at the time
of their appointment by the Township Committee as "Alternate No. 1,"
"Alternate No. 2," "Alternate No. 3," and "Alternate No. 4." Alternate
members may participate in discussions of the proceedings but may
not vote except in the absence or disqualification of a regular member.
A vote shall not be delayed in order that a regular member may vote
instead of an alternate member. In the event that a choice must be
made as to which alternate member is to vote, Alternate No. 1 shall
be the first option to vote, if available, followed by Alternate No.
2 and so on.
[Amended 2-13-2007 by Ord. No. 2007-04]
(3)
No member or alternate member of the Zoning Board
of Adjustment may hold any elective office or position in the Township.
(4)
A vacancy occurring otherwise than by expiration of
term shall be filled for the unexpired term only.
(5)
If the Board of Adjustment lacks a quorum because
any of its regular or alternate members is prohibited pursuant to
N.J.S.A. 40:55D-69 from acting on a matter due to the member's personal
or financial interest therein, Class IV members of the Planning Board
shall be called upon to serve, for that matter only, as temporary
members of the Board of Adjustment. The Class IV members of the Planning
Board shall be called upon to serve in order of seniority of continuous
service to the Planning Board until there is the minimum number of
members necessary to constitute a quorum to act upon the matter without
any personal or financial interest, whether direct or indirect. If
a choice has to be made between Class IV members of equal seniority,
the Chairman of the Planning Board shall make the choice.
[Added 5-11-1993 by Ord. No. 93-11]
B.
Zoning Board of Adjustment authority.
(1)
No variance or other relief may be granted under the
provisions of this section unless such variance or other relief can
be granted without substantial detriment to the public good and will
not substantially impair the intent and purpose of the zoning plan
and Zoning Ordinance.
(2)
The Zoning Board of Adjustment shall have such powers
as are granted by law to:
[Amended 7-14-1981 by Ord. No. 81-11]
(a)
Hear and decide, by majority vote, appeals where
it is alleged by the appellant that there is error in any order, requirement,
decision or refusal made by an administrative officer based on or
made in the enforcement of this chapter. Such appeal shall be taken
within 20 days by filing a notice of appeal with the officer from
whom the appeal is taken specifying the grounds of such appeal. The
officer from whom the appeal is taken shall immediately transmit to
the Board all the papers constituting the record upon which the action
appealed from was taken.
(b)
Hear and decide requests for interpretation
of the Zoning Map or Zoning Ordinance or for decisions upon other
special questions upon which such Board is authorized by this chapter
to pass.
(c)
Grant by majority vote a variance from the strict
application of the zoning regulations where, by reason of exceptional
narrowness, shallowness or shape of a specific piece of property or
by reason of exceptional topographic conditions or physical features
uniquely affecting a specific piece of property or by reason of an
extraordinary and exceptional situation uniquely affecting a specific
piece of property or the structures lawfully existing thereon, the
strict application of any regulation in the zoning provisions of this
chapter would result in peculiar and exceptional practical difficulties
to or exceptional and undue hardship upon the developer of such property
or where in an application or appeal relating to a specific piece
of property the purposes of this act would be advanced by a deviation
from the Zoning Ordinance requirements and the benefits of the deviation
would substantially outweigh any detriment, except that if the applicant
requires subdivision, site plan or conditional use approval by the
Planning Board, the request for a variance under these circumstances
shall be acted on by the Planning Board in conjunction with the subdivision,
site plan or conditional use application. In no case shall a variance
be granted under this subsection to allow those departures enumerated
in N.J.S.A. 40:55D-70d.
[Amended 4-9-1985 by Ord. No. 85-1]
(d)
In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to the Zoning Ordinance to permit a use or principal structure in a district restricted against such use or principal structure; an expansion of a nonconforming use; deviation from a specification or standard pursuant to § 188-9 of this chapter pertaining solely to a conditional use; an increase in the permitted floor area ratio as defined in Article V of this chapter; an increase in the permitted density as defined in Article V of this chapter, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots are either isolated, undersized lots or lots resulting from a minor subdivision; or the height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted but only by affirmative vote of at least five members.
[Amended 4-9-1985 by Ord. No. 85-1; 5-11-1993 by Ord. No. 93-11]
(3)
Whenever the proposed development requires approval by the Zoning Board of Adjustment of a variance pursuant to Subsection d of Section 57 of the Municipal Land Use Law (N.J.S.A. 40:55D-70d), being § 188-6B(2)(d) of this chapter, the Zoning Board of Adjustment shall have the power to grant to the same extent and subject to the same restrictions as the Planning Board subdivision or site plan approval or conditional use approval. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Zoning Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and Zoning Ordinance. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided by law for the approval in question, and the special vote pursuant to the aforesaid Subsection B(2)(d) shall not be required.
C.
Any application under any subsection of this section
may be referred to any appropriate person or agency, including the
Planning Board, for its report, provided that such reference shall
not extend the period of time within which the Zoning Board of Adjustment
shall act.
D.
Time limit for decision.
(1)
The Zoning Board of Adjustment shall render its decision
not later than 120 days after the date an appeal is taken from the
decision of an administrative officer or not later than 120 days after
the date of submission of a complete application for development to
the Zoning Board of Adjustment or within such further time as may
be consented to by the applicant.
(2)
In the event that the developer elects to submit separate consecutive applications, pursuant to § 188-6B(3) above, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval (subdivision, site plan or conditional use) shall be as otherwise provided by law.
(3)
Failure of the Board of Adjustment to act within the
period prescribed shall constitute approval of the application, and
a certificate of the administrative officer as to the failure of the
Board of Adjustment 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.
E.
In granting of hardship and use variances (N.J.S.A.
40:55D-70 c and d) by the Board of Adjustment, a time limit of five
years from the date of approval of the resolution granting said variance
shall be set within which time the developer shall secure a building
permit and commence construction or the variance approval shall be
null and void. The five-year expiration time period may be extended
by the Board of Adjustment. The Board of Adjustment may set a reasonable
time limit for the completion of construction in conjunction with
an approved hardship or use variance. A restoration bond shall be
submitted to the Township where a site plan is submitted in conjunction
with a hardship or use variance, as noted above. The restoration bond
may be utilized in the event that a developer fails to complete the
development project according to the approved site plan within a reasonable
time frame after determination has been made that the developer is
unable to proceed any further.
[Amended 8-14-2007 by Ord. No. 2007-34]
F.
See § 188-19, Provisions applicable to both the Zoning Board of Adjustment and the Planning Board.
G.
The Board of Adjustment, in granting any variance
which by law it is authorized to grant, may impose such conditions,
in addition to those required in this chapter, as are necessary to
assure that the general purposes and intent of this chapter are met.
Such conditions may include but are not limited to the harmonious
design of buildings, planting and its maintenance as a sign or sound
screen, the minimizing of noxious, offensive or hazardous elements,
preservation of natural features and the posting of performance guaranties
of the nature required in this chapter to assure compliance with the
requirements that will survive initial construction and the issuance
of the certificate of occupancy.
H.
Adoption of rules; issuance of subpoenas.
(1)
The Board of Adjustment shall adopt rules consistent
with law and this chapter which, among other things, and not by way
of limitation, may provide for the manner of filing appeals and applications
for exceptions and variances and the holding of meetings and hearings.
(2)
The Chairman or, in his absence, the Vice Chairman
shall have power to issue subpoenas for the attendance of witnesses
and the production of records and may administer oaths and take testimony,
and the provisions of the County and Municipal Investigations Law
(1953), as amended and supplemented, shall apply.[1]
[1]
Editor's Note: See N.J.S.A. 2A:67A-4 et seq.
I.
Appeals and applications to Board of Adjustment.
(1)
Appeals to the Board of Adjustment may be taken by
any interested party affected by any decision of an administrative
officer of the municipality based on or made in the enforcement of
the Zoning Ordinance or Official Map. Such appeal shall be taken within
20 days by filing a notice of appeal with the officer from whom the
appeal is taken specifying the grounds of such appeal. The officer
from whom the appeal is taken shall immediately transmit to the Board
all the papers constituting the record upon which the action appealed
from was taken.
(2)
A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to an administrative officer; provided, however, that such direct application may not be used to circumvent the time limitation set forth in Subsection I(1) above.
J.
Modification on appeal. The Board of Adjustment may
reverse or affirm, wholly or in part, or may modify the action, order,
requirement, decision, interpretation or determination appealed from
and to that end have all the powers of the administrative officer
from whom the appeal is taken.
K.
Stay of proceedings by appeal; exception. An appeal
to the Board of Adjustment shall stay all proceedings in furtherance
of the action in respect to which the decision appealed from was made
unless the officer from whose action the appeal is taken certifies
to the Board of Adjustment, after the notice of appeal shall have
been filed with him, that by reason of facts stated in the certificate
a stay would, in his opinion, cause imminent peril to life or property.
In such case, proceedings shall not be stayed other than by order
of the Superior Court upon notice of the officer from whom the appeal
is taken and on due cause shown.
L.
Matters considered in reaching determinations; public
disclosures.
(1)
The Board of Adjustment, in reaching a decision on
any matter, shall consider only those facts made part of the record
of the hearing.
(2)
In the event any inspection of the subject property
or area thereof is made by the Board of Adjustment or individual members
thereof, such inspection shall take place before closing the public
hearing, the fact of such inspection shall be made part of the record
of the hearing, and each Board member shall disclose during the public
hearing any facts or observations made by him as a result of such
inspection as he may consider in reaching his decision on the matter.
(3)
In the event under any law that notice of the public
hearing must be given by the applicant to the County Planning Board,
the Department of Transportation of the State of New Jersey or any
other municipality or governmental agency, board or department, the
Board of Adjustment shall make as a part of the public record of such
public hearing any communications and/or recommendations received
by it and shall fully disclose the same at the public hearing.
A.
All zoning requirements shall be met at the time of
any erection, enlargement, moving or change in use. If a new structure
is added to an existing complex of structures or if an existing structure
has an addition, the site plan provisions of this chapter shall apply
to the enlargement or new structure.
B.
All developments resulting from subdivision and site
plan approvals shall comply with all the design and performance standards,
including conditions imposed by the approving authority as shown on
the approved plat and/or included in the resolution adopted by the
approving authority.
C.
Items listed on the Development Application Checklist[1] must be provided.
[Added 4-11-2006 by Ord. No. 2006-08]
[1]
Editor's Note: Said Checklist is included at the end of this chapter.
Regulation of the development of land and the
attachment of reasonable conditions to development applications is
an exercise of valid police power delegated by the state to this municipality.
The applicant has the duty of compliance with reasonable conditions
laid down by the approving authority for design, dedication, improvements
and the use of the land so as to conform to the physical and economical
development of the municipality and to the safety and general welfare
of the future residents and/or owners in the development and in the
community at large. Where County Planning Board review or approval
is required on a subdivision or site plan, the approving authority
shall condition any approval it grants upon either timely receipt
of a favorable report by the County Planning Board or approval by
the County Planning Board due to its failure to submit a report within
the required time period. If the County's report is negative or attaches
conditions, the original action by the municipal approving authority
shall be null and void and a new resolution shall be adopted which
considers the County Planning Board's report.
Before any permit shall be issued for a conditional
use, application shall be made to the Planning Board. The Planning
Board shall grant or deny the application after public hearing, but
within 95 days of submission of a complete application to the administrative
officer or within such further time as may be consented to by the
applicant. Where a conditional use application involves a site plan
or subdivision, notice of the hearing shall include reference to all
matters being heard and the Planning Board shall review and approve
or deny the subdivision or site plan simultaneously with the conditional
use application. Failure of the Planning Board to act within the required
time period shall constitute approval of the application. In reviewing
the conditional use application, the Planning Board shall review the
number of employees or users of the property, the requirements set
forth in this chapter, and shall give due consideration to all reasonable
elements which would affect the public health, welfare, safety, comfort
and convenience such as, but not limited to, the proposed use(s),
the character of the area, vehicular travel patterns and access, pedestrianways,
landscaping, lighting, signs, drainage, sewage treatment, potable
water supply, utilities and structural location(s) and orientation(s),
and the Planning Board shall conduct a public hearing on the application.
The use for which conditional uses are granted shall be deemed to
be permitted uses in their respective districts, and each conditional
use shall be considered as an individual case. In all requests for
approval of conditional uses, the burden of proof shall be on the
applicant. All conditional uses shall require site plan review and
approval by the Planning Board. Prior to making its decision, the
Planning Board shall be satisfied that the conditional use is reasonably
necessary for the convenience of the public in the location proposed.
In the granting of conditional uses, a time limit of one year from
the date of approval shall be set, within which time the developer
shall secure a building permit and commence construction, and such
construction shall be completed within two years of the approval,
otherwise the approval shall be null and void.
A.
It shall be the duty of the Municipal Engineer to
enforce the provisions of subdivision and site plan approvals.
B.
It shall be the duty of the Zoning Officer to administer
and enforce the zoning provisions of this chapter. No building permit
shall be issued unless the plans are accompanied by an approved zoning
permit. No zoning permit shall be issued unless the proposed structure,
use, temporary activity and construction activities are in compliance
with this chapter. In cases involving the new use of an existing structure,
no certificate of occupancy for the new tenant shall be issued until
a zoning permit has been issued.
[Amended 6-28-1988 by Ord. No. 88-10]
A.
General. The approving authority, when acting upon applications for preliminary or minor subdivision approval and preliminary site plan approval, shall have the power to grant such exceptions from the design and performance standards in Article VI of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivision/site plan review and approval 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.
Waivers for lower-income housing. The approving authority,
when acting upon an application which includes provisions for lower-income
housing in accordance with the AH District regulations, may waive
those portions of the following design standards if they do not create
health and safety concerns for either the Township or the future residents
of a development; otherwise the standard provisions of this chapter
shall apply.
(1)
Concrete curbing as set forth in § 188-42 shall be required along all streets. Belgian block curbing shall not be required and combination curb and gutter shall not be required, unless for soil erosion and stormwater control purposes the Township Engineering Department determines that the combination curb and gutter design is the best design for the situation.
(2)
Piped stormwater systems shall be required along all
streets. However, to the extent practical, swales may be used across
certain open space areas except where the use of swales is likely
to increase soil erosion. Also, main swales may not be located closer
than 100 feet to any dwelling. If permitted, swales shall have side
slopes no steeper than three horizontal to one vertical and shall
have a flat bottom at least two feet wide, but wider where stormwater
control requires it. The swales shall be planted to stabilize the
soils along the sides and bottom according to the soil types, have
capacity for the computed runoff, be sloped to handle the rate of
runoff while not eroding the soil and allow a design flow of approximately
two feet per second so that no stagnation or ponding of water occurs.
(3)
Street and other lighting shall be designed for locations best meeting overall public safety considerations considering intersections, public parking areas, walkways and the intensity of development. Where installed, lighting shall meet the requirements and/or objectives of § 188-87.
(8)
In the event of any inconsistency between any of the
above waivers and any on-site or off-tract improvements required as
a result of a mediation agreement, the mediation agreement shall prevail.
[Amended 3-25-1980 by Ord. No. 80-2]
A.
As provided in the Municipal Land Use Law, as amended,
the following shall not be considered subdivisions within the meaning
of said law, or this chapter, if no new streets are created:
(1)
Divisions of land found by the Planning Board or Subdivision
Committee thereof appointed by the Chairman to be for agricultural
purposes where all resulting parcels are five acres or larger in size.
(2)
Divisions of property by testamentary or intestate
provisions.
(3)
Divisions of property upon court order, including
but not limited to judgments of foreclosure.
(4)
Consolidation of existing lots by deed or other recorded
instrument.
(5)
The conveyance of one or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of this chapter, including but not limited to the zoning standards of Article V, and are shown and designated as separate lots, tracts or parcels on the Tax Map of the Township of Hillsborough.
B.
The agricultural exemption in Subsection A(1) above shall apply only following submission of documentation to the Planning Board demonstrating compliance with the intent of the law, and until affirmative action of the Planning Board making such determination, no person shall transfer, sell or agree to transfer or sell, as owner or agent, any land which forms part of a proposed subdivision.
C.
The conveyance of a portion or section of any lot or lots owned by the State of New Jersey or its agencies, or the federal government or its agencies, to any grantee so as to create a new lot or lots constitutes a subdivision in accordance with the definition of subdivision contained in § 188-3. While such conveyance by the state or federal government and the new lots it creates may not alter the recordation of deeds process of the County Clerk, it is understood that such conveyance constitutes a subdivision requiring the grantee to comply with all aspects of the development regulations of the Township of Hillsborough, Chapter 188, in general and all those sections contained therein referring to the procedures, plat details, design and performance standards for subdivision approval in particular. No use or development of the newly created lot may be commenced without the grantee meeting all such requirements of subdivision approval.
[Added 10-11-1988 by Ord. No. 88-29; 3-14-2001 by Ord. No. 2001-6]
[Amended 7-14-1981 by Ord. No. 81-11; 6-28-1988 by Ord. No. 88-10; 4-25-1989 by Ord. No. 89-6; 12-19-1989 by Ord. No. 89-13; 12-17-1991 by Ord. No.
91-27]
Fees for applications or for the rendering of
any services by the Planning Board or the Zoning Board of Adjustment
or any member of their administrative staffs shall be as provided
herein.
A.
Application fees. The developer shall, at the time of filing any application for development, any application for amendment to or extension of any development approval, any request for a zone change or recommendation of a zone change and/or any request for amendment of the Master Plan, pay the following nonrefundable fees to the Township, by certified check or bank money order, except that any application in the AH District, in which low- and moderate-income dwelling units are to be constructed within the development, shall not have to pay fees for the low- and moderate-income dwelling units. All other fees shall apply. The nonrefundable fees set forth in Subsection A are to cover administrative expenses. Proposals involving more than one use shall pay a fee equaling the sum of the fees for the component elements of the plat. Proposals requiring a combination of approvals, such as subdivision, site plan and/or variance, shall pay a fee equal to the sum of the fees for each element. An application will not be considered complete until all required fees are paid, or waivers from same are obtained.
(1)
(2)
Site plan.
(a)
Informal review: no fee.
(b)
Minor site plan, amended minor site plan: $250.
(c)
Preliminary major site plan, amended preliminary
major site plan:
[1]
Residential: $1,000 plus:
[a]
From one to 10 units: $20, plus
$15 per unit from 11 to 100 units, plus $8 per unit for 101 units
or more.
[3]
Signs not included in a site plan submission:
$50 for the first sign, plus $25 for each additional sign.
[Amended 3-10-2009 by Ord. No. 2009-06]
[4]
Where more than one tenant may be on one lot,
the fee shall be based on the square footage of gross floor area devoted
to that tenant's use.
(d)
Final major site plan, amended final major site
plan: 50% of the preliminary site plan fee, if filed separately; 25%
of the preliminary site plan fee if filed with the preliminary.
(e)
Request for reapproval or extension of time:
$250.
(3)
Planned development.
(a)
General development plan (GDP): $100 + $10/du
+ $0.10 per square foot of nonresidential gross floor area.
(b)
Preliminary plat, amended preliminary plat:
[3]
Proposals containing a mixture of uses shall
have a total fee equal to the sum of the applicable portions of the
fee schedule. Any changes to a plan during its review for either tentative
or final approval resulting in more dwelling units or greater areas
for nonresidential uses shall require the submission of additional
fees computed from the preceding schedule.
(c)
Final plat, amended final plat: 50% of the preliminary
fee.
(d)
Request for reapproval or extension of time:
$250.
(4)
Variances.
(a)
Hear and decide appeals (N.J.S.A. 40:55D-70a):
$250.
(b)
Conditional use approval: $250.
(c)
Interpretations (N.J.S.A. 40:55D-70b): $250.
(d)
Dimensional or "c" variance: $100 each in conjunction
with site plan or subdivision approval; $250 for one variance without
site plan or subdivision approval, plus $75 for each additional variance.
(f)
Building permit in conflict with the Official
Map or building permit for a lot not related to a street: $250.
(g)
Request for reapproval or extension of time:
$250.
(h)
Request for administrative approval of application
changes: $250.
(5)
Other
(a)
Development permit (N.J.S.A. 40:55D:34 and 40:55D:35):
$250.
(b)
Request for Master Plan amendment: $250.
(c)
Subdivision approval certificate: $50 per certificate.
(d)
Certificate of nonconformity (N.J.S.A. 40:55D-68):
$50 per certificate.
(e)
Zoning permit: $25 per permit, except that no
permit fee is required for any sign or change of occupancy or change
of tenant.
[Amended 3-10-2009 by Ord. No. 2009-06]
(6)
Court reporter.
(a)
A court reporter shall be required for all hearings.
The court reporter's fee for taking testimony shall be part of the
applicant's fee outlined above.
(b)
Any applicant may arrange for his own court
reporter to take the testimony given before the Board. The cost of
this court reporter shall be borne by the applicant.
(c)
The cost of transcribing any testimony shall
be the responsibility of the applicant whose testimony is being transcribed,
including the cost of transcribing the copy for the Board before whom
the hearing was held, except as noted below.
(7)
Preparation by the authorized officials of the list
of property owners to be served with notice. Twenty-five cents per
name or $10, whichever is greater, shall be charged for each list.
(8)
GIS update fees on certain development applications.
(a)
Subdivision: minor, amended minor: $150.
(b)
Subdivision: preliminary major, amended preliminary
major: $500, plus $15 per lot.
(c)
Subdivision: final plat, amended final: $500.
(d)
Site plan: minor, amended minor: $250. It is
noted that when a minor site plan application involves more than one
tenant on one lot, the GIS update fee shall be based on the square
footage of gross floor area devoted to each tenant's use.
(e)
Site plan: residential preliminary major, amended
preliminary: $500, plus $5 per unit for one to 11 units; $4 per unit
for 12 to 100 units; and $2 per unit over 100 units.
(f)
Site plan: nonresidential preliminary major,
amended preliminary: $500 for up to 100,000 square feet of proposed
floor area or area of disturbance or $1,000 for over 100,000 square
feet of proposed floor area or area of disturbance
[Amended 2-13-2007 by Ord. No. 2007-03; 3-10-2009 by Ord. No. 2009-06]
(g)
Site plan: final major, amended final major:
50% of the preliminary site plan GIS update fee if filed separately;
25% of the preliminary site plan GIS update fee if filed with the
preliminary.
(h)
Planned development: general development plan
(GDP): $100, plus $5 per dwelling unit (DU), plus $0.05 per square
foot of nonresidential gross floor area.
(i)
Planned development: residential preliminary
plat, amended preliminary: $50 per DU for one to 10 DUs, plus $7 per
DU for 11 to 100 DUs, plus $5 per DU for 101 to 500 DUs, plus $3 per
DU for 501 to 1,000 DUs, plus $2 per DU over 1,000 DUs. The minimum
GIS update fee is $100.
(j)
Planned development: nonresidential preliminary
plat, amended preliminary: $50 per acre.
[Amended 3-10-2009 by Ord. No. 2009-06]
(k)
Planned development: final plat, amended final:
50% of the preliminary surcharge.
(l)
Conditional use: $250.
(m)
Dimensional or "c" variance: $50 for each variance
in conjunction with a site plan or subdivision; $25 for each variance
without site plan or subdivision.
(n)
Use or "d" variance: residential: $250 for one
to 10 DUs and $10 per DU over 10 DUs.
(o)
Use or "d" variance: nonresidential: $250 per
AC.
(p)
In no event shall the total GIS update fee for
any application exceed $5,000.
[Added 2-13-2007 by Ord. No. 2007-03]
B.
The Planning Board and/or Zoning Board of Adjustment shall require escrow deposits in accordance with the provisions of this section. The escrow deposit is established to cover the cost of professional services, rendered by outside consultants and/or staff employees, including but not limited to engineering, planning, legal, traffic, environmental, health and other expenses, including but not limited to court reporter and transcript costs as described in § 188-13A(6) above, associated with the review of and/or testimony concerning an application for development submitted by an applicant. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and review by outside consultants when an application is beyond the scope of the expertise of the professionals normally utilized by the municipality. The only cost that shall be added to any such charges shall be actual out-of-pocket expenses of any such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements. The amount of the deposit required shall be reasonable in regard to the scale and complexity of the development.
[Amended 12-19-1995 by Ord. No. 95-47; 8-27-2002 by Ord. No.
2002-23; 5-27-2003 by Ord. No. 2003-07; 12-9-2003 by Ord. No.
2003-24]
(1)
Subject to the provisions of Subsection B(2) herein below, each applicant shall, prior to the application being ruled complete pursuant to the provisions of the Municipal Land Use Law, submit the following sums to be held in escrow in accordance with the provisions hereof:
(a)
Applicable escrows.
[1]
Subdivision.
[b]
Minor subdivision: $1,000, plus
$25 per lot.
[c]
Preliminary major plat: $1,500,
plus $100 per lot.
[d]
Final plat: $750, plus $25 per
lot.
[e]
Amended minor, amended preliminary
major and/or amended final major subdivision plat: $400 per lot.
[f]
Request for reapproval or extension
of time: $500.
[g]
Request for administrative approval
of changes to plans: $300.
[2]
Site plan.
[a]
Informal review: no escrow. If
professional review is requested: $2,000.
[b]
Minor site plan: $2.50 per square
foot of proposed building area, or for residential uses, $250 per
unit. When no building improvements are proposed, the required escrow
fee shall be $1.50 per square foot of proposed lot improvements.
[d]
Final site plan: 25 percent of
preliminary fee.
[e]
Amended minor, amended preliminary
and/or final major site plan: 75% of original fee.
[f]
Review of sign waiver request:
$500.
[g]
Request for reapproval or extension
of time: $500.
[h]
Request for administrative approval
of changes to plans: $300.
[3]
Planned development.
[a]
Informal review: $2,000.
[b]
General development plan (GDP):
$7,500.
[c]
Preliminary residential plat: $250
per acre or part thereof, plus $6 per dwelling unit and $0.05 per
square foot of site area being disturbed and/or modified.
[d]
Preliminary nonresidential plat:
$750 per acre or part thereof, plus $0.10 per square foot of site
area being disturbed.
[e]
Final plat: 50% of the escrow required
for a preliminary plat.
[f]
Amended GDP, preliminary or final
plat: 75% of original fee.
[g]
Request for reapproval or extension
of time: $500.
[h]
Request for administrative approval
of changes to plans: $300.
[4]
Other.
[a]
Appeals (N.J.S.A. 40:55D-70a):
$1,000.
[b]
Interpretations (N.J.S.A. 40:55D-70b):
$1,000.
[c]
Dimensional or "c" variance without
site plan or subdivision: $1,000.
[Amended 2-24-2004 by Ord. No. 2004-03]
[d]
Use variance without site plan
or subdivision: $1,000.
[e]
Development permit (N.J.S.A. 40:55D-34
and 40:55D-35): $500.
[f]
Conditional use without site plan
or subdivision: $1,000.
[g]
Request for Master Plan amendment:
$3,000.
[h]
Change of use (no site improvements):
$1,000.
[i]
Request for reapproval or extension
of time of items in this subsection: $500.
[j]
Certificate of nonconformance (N.J.S.A.
40:55D-68): $400.
(2)
Review.
(a)
Within 45 days after the filing of an application
for development with the Planning Board or Zoning Board of Adjustment,
as the case may be, the Hillsborough Township Planner or his/her designee,
in collaboration with the Hillsborough Township Engineer and in conjunction
with appropriate representatives of the staff of the Township of Hillsborough,
shall review said application for development to determine whether
the escrow amount set forth above is adequate. In conducting said
review, the following criteria shall be considered:
[1]
The presence or absence of public water and/or
sewer servicing the site.
[2]
Environmental considerations, including but
not limited to geological, hydrological and ecological factors.
[3]
The traffic impact of the proposed development.
[4]
The impact of the proposed development on existing
aquifer and/or water quality.
(b)
Upon completion of said review and within said
forty-five-day period, the Township Planner shall make formal recommendations
to the Board, which shall adopt a resolution specifying whether the
escrow amount specified above is sufficient, excessive or insufficient.
In the event that the Board shall determine that said amount is excessive,
it shall, in the resolution, specify the amount that shall be deemed
sufficient, including the specification, if appropriate, that no escrow
be posted. In the event that the Board shall determine the amount
specified above is insufficient, it shall so specify and shall further
set forth the amount required to be posted in light of the criteria
specified herein.
(3)
No application for development shall be deemed complete
until such time as the applicant shall have posted with the Township
of Hillsborough, in cash, certified check or money order, the amount
of escrow deposit determined by the Planning Board and/or Board of
Adjustment to be required in accordance with the provisions of this
article.
(4)
Billing procedures; vouchers; responsibilities of
Chief Financial Officer.
[Amended 12-19-1995 by Ord. No. 95-47]
(a)
The Chief Financial Officer of the Township
shall make all of the payments to professionals for services rendered
to the municipality or approving authority for review of applications
for development, review and preparation of documents, inspection of
improvements or other purposes under the provisions of P.L. 1975,
c. 291.[1]
[1]
Editor's Note: See N.J.S.A. 40: 55D-1 et seq.,
the Municipal Land Use Law.
(b)
The Township or approving authority shall not bill the applicant, nor charge any escrow account or deposit authorized under Section 8-1 for any municipal clerical or administrative functions, overhead expenses, meeting room charges, or any other municipal costs and expenses except as provided for in Subsection B(8), nor shall a municipal professional add any such charges to his bill.
(c)
Each payment charged to the deposit for review
of applications, review and preparation of documents and inspection
of improvements shall be pursuant to a voucher from the professional,
which voucher shall identify the personnel performing the service,
and for each date the service is performed, the hours spent to 1/4
hour increments, the hourly rate and the expenses incurred.
(d)
All professionals shall submit vouchers to the
Chief Financial Officer of the municipality on a monthly basis in
accordance with schedules and procedures established by the Chief
Financial Officer of the Township.
(e)
If the services are provided by a township employee,
the municipal employee shall prepare and submit to the Chief Financial
Officer of the municipality a statement containing the same information
as required on a voucher, on a monthly basis.
(f)
The professional shall send an informational
copy of all vouchers or statements submitted to the Chief Financial
Officer of the municipality simultaneously to the applicant. The Chief
Financial Officer shall prepare and send to the applicant a statement
which shall include an accounting of funds listing all deposits, interest
earnings, disbursements and the accumulative balance of the escrow
account.
(g)
This information shall be provided on a quarterly
basis, if monthly charges are $1,000 or less or on a monthly basis
if monthly charges exceed $1,000.
(h)
If an escrow account or deposit contains insufficient
funds to enable the municipality or approving authority to perform
required application reviews or improvement inspections, the Chief
Financial Officer shall provide the applicant with a notice of the
insufficient escrow or deposit balance.
(i)
In order for work to continue on the development
or the application, the applicant shall, within a reasonable period
of time, post a deposit to the account in an amount to be agreed upon
by the Township or approving authority and the applicant. In the interim,
any required health and safety inspections shall be made and charged
back against the replenishment of funds.
(5)
The officer shall deposit all funds pending completion and review of the development application. Said moneys shall be placed in an interest-bearing account. In the event that a refund is to be made to the applicant pursuant to Subsection B(4) above, the municipality shall refund with interest said amount within 30 days from the date of final approval.
(6)
With respect to applications for farmland equity preservation major preliminary subdivision approval, the requirements of § 188-13B(1) through (5) need not be met until the time the applicant makes his submission pursuant to Article III of this chapter.
(7)
If, as a result of revisions to development plans and/or related submitted materials and/or resubmissions of applications and/or other justifiable reasons, either before or after Board approval, the escrow deposit is either partially or totally depleted and additional escrow deposits are deemed necessary by the Development Coordinator, the applicant shall submit the following additional escrow deposit guideline sum: 50% of the guideline sums originally applicable under § 188-13B(1) above. The Development Coordinator, in collaboration with the Township Engineer and in conjunction with appropriate representatives of the staff of the Township of Hillsborough, shall review said development application to determine whether the additional escrow sum set forth above is adequate. In conducting such review, the Development Coordinator shall consider the criteria utilized in § 188-13B(2)(a)[1] through [4] and shall follow the procedure delineated in § 188-13B(2) through (6).
(8)
Actual fees and charges.
[Added 5-11-1993 by Ord. No. 93-11; 12-19-1995 by Ord. No. 95-47]
(a)
If the salary, staff support and overhead for
a municipal professional are provided by the Township, the charge
shall not exceed 200% of the sum of the products resulting from multiplying
the hourly base salary which shall be established annually by ordinance
of each of the professionals by the number of hours spent by the professional
on review of the application for development or inspection of the
developer's improvements, as the case may be. The term municipal professional
shall include those professionals retained at the outset of each calendar
year to provide the additional manpower necessary to supplement the
in-house professional staff. In the case of such outside professionals
hired to provide the necessary in-house manpower, the charge shall
be the rate set forth in the resolution awarding the contract to the
professional.
(b)
For all other outside professionals and consultants,
the charge shall be at the same rate as all other work of the same
nature by the professional for the municipality when fees are not
reimbursed or otherwise imposed on applicants or developers.
(c)
The fees or charges shall be based upon the
following schedules:
[1]
For outside professionals retained to supplement
the in-house manpower, the rate shall be in accordance with the resolution
of the Township Committee awarding the contract.
[2]
For all other outside consultants and professionals,
the rates shall be established by resolution of the approving authority.
[3]
For all staff and in-house professionals, the
rates shall be in accordance with the formula delineated hereinabove.
(9)
Close-out procedures.
[Added 12-19-1995 by Ord. No. 95-47]
(a)
The following close-out procedure shall apply
to all deposits and escrow accounts established under the provisions
of P.L. 1975, c. 291, and shall commence after the approving authority
has granted final approval and signed the subdivision plat or site
plan, in the case of application review escrows and deposits, or after
the improvements have been approved as provided in Section 41 of P.L.
1975, c. 291,[2] in the case of improvement inspection escrows and deposits.
[2]
Editor's Note: See N.J.S.A. 40:55D-53.
(b)
The applicant shall send written notice by certified
mail to the Chief Financial Officer of the Township and the approving
authority, and to the relevant municipal professional, that the application
or improvements, as the case may be, are completed.
(c)
After receipt of such notice, the professional
shall render a final bill to the Chief Financial Officer within 30
days and shall send a copy simultaneously to the applicant.
(d)
The Chief Financial Officer of the Township
shall render a written final accounting to the applicant on the uses
to which the deposit was put within 45 days of receipt of the final
bill.
(10)
Miscellaneous.
[Added 12-19-1995 by Ord. No. 95-47]
(a)
All professional charges for review of an application
for development, review and preparation of documents or inspection
of improvements shall be reasonable and necessary given the status
and progress of the application or construction.
(b)
Review fees shall be charged only in connection
with an application for development presently pending before the approving
authority or upon review of compliance with conditions of approval
or review of request for modification or amendment made by the applicant.
(c)
A professional shall not review items which
are subject to approval by any state governmental agency and not under
municipal jurisdiction, except to the extent consultation with a state
agency is necessary due to the effect of state approvals on the subdivision
or site plan.
(d)
Inspection fees shall be charged only for actual
work shown on a subdivision or site plan as required by an approving
resolution. Professionals inspecting improvements under construction
shall charge only for inspections that are reasonably necessary to
check the progress and quality of work and such inspections shall
be reasonably based on the approved development plans and documents.
(e)
If the municipality retains a different professional
or consultant in the place of the professional originally responsible
for development of application review or inspection of improvements,
the Township or approving authority shall be responsible for all time
and expenses of the new professional to become familiar with the application
or the project and the Township or approving authority shall not bill
the applicant or charge the deposit or escrow account for any such
services.
(11)
Appeal process.
[Added 12-19-1995 by Ord. No. 95-47]
(a)
An applicant shall notify in writing the governing
body with copies to the Chief Financial Officer, the approving authority
and professional whenever the applicant disputes the charges made
by a professional for services rendered to the municipality in reviewing
applications for development, review and preparation of documents,
inspection of improvements or other charges made pursuant to the provisions
of P.L. 1975, c. 291.[4]
[4]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(b)
The governing body, or its designee, shall within
a reasonable period of time attempt to remediate any disputed charges.
(c)
If the matter is not resolved to the satisfaction
of the applicant, the applicant may appeal to the County Construction
Board of Appeals any charge to an escrow account or a deposit by any
municipal professional or consultant or the cost of the installation
of improvements estimated by the Municipal Engineer pursuant to Section
15 of P.L. 1991, c. 256.[5]
[5]
Editor's Note: See N.J.S.A. 40:55D-53.4.
(d)
An applicant or his authorized agent shall submit
the appeal in writing to the Construction Board of Appeals. The applicant
or his authorized agent shall simultaneously send a copy of the appeal
to the Township Committee, approving authority and any professional
whose charge is the subject of the appeal.
(e)
An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by Subsection B(10) hereinabove, except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within 60 days from the receipt of the municipal statement of activity against the deposit or escrow account required as delineated hereinabove.
(f)
An applicant may file an appeal for an ongoing
series of charges by a professional during a period not exceeding
six months to demonstrate that they represent a pattern of excessive
or inaccurate charges. An applicant making use of this provision need
not appeal each charge individually.
(g)
The Construction Board of Appeals shall hear
the appeal, render a decision thereon and file its decision with the
statement of the reasons therefor with the municipality or approving
authority not later than 10 business days following the submission
of the appeal, unless such period of time has been extended with the
consent of the applicant.
(h)
The decision may approve, disapprove or modify
the professional charges appealed from. A copy of the decision shall
be forwarded by certified or registered mail to the applicant making
the appeal, the Township Committee, the approving authority and the
professional involved in the appeal.
(i)
Failure by the Board to hear an appeal and render
and file a decision thereon within the time limits prescribed in this
subsection shall be deemed a denial of the appeal for purposes of
a complaint, application or appeal to a court of competent jurisdiction.
(j)
The Construction Board of Appeals shall provide
rules for its procedure in accordance with this section. The Board
shall have the power to administer oaths and issue subpoenas to compel
the attendance of witnesses and the production of relevant evidence
and the provisions of the County and Municipal Investigations Law
(N.J.S.A. 2A:67A-1 et seq.) shall apply.
(k)
During the pendency of any appeal, the municipality
or approving authority shall continue to process, hear and decide
the application for development and to inspect the development in
the normal course and shall not withhold, delay or deny reviews, inspections,
signing of subdivision plats or site plans, the reduction or release
of performance or maintenance guarantees, the issuance of construction
permits or certificates of occupancy or any other approval or permit
because an appeal has been filed or is pending under this section.
(l)
The Chief Financial Officer of the municipality
may pay charges out of the appropriate escrow account or deposit for
which an appeal has been filed.
(m)
If a charge is disallowed after payment, the
Chief Financial Officer shall reimburse the deposit or escrow account
in the amount of any such disallowed charge or refund the amount to
the applicant.
(n)
If a charge is disallowed after payment to a
professional or consultant who is not an employee of the municipality,
the professional or consultant shall reimburse the municipality in
the amount of any such disallowed charge.
A.
No final plat shall be approved until all items required
by this chapter, such as but not limited to streets, street signs,
curbs, gutters, culverts, trees, surveyor's monuments, soil erosion
and stormwater control measures, water mains, storm sewers, sewage
treatment plants, sanitary sewers, dry sanitary sewers and such other
improvements on-site, off-site and off-tract as required in the public
interest have been completely and satisfactorily installed, inspected,
certified and approved by the Township Engineer and the Municipal
Utilities Authority, where appropriate, and accepted by the Township
Committee, and a maintenance guaranty has been filed and accepted
by the Township Committee in accordance with the requirements of this
chapter, or their installation shall have been provided for by a performance
guaranty accepted and approved by the Township Committee in accordance
with the requirements of this article before approval of the final
plat. No maintenance bond shall be accepted nor shall any partial
facility be accepted for any item which has further stages of work
to be completed or which will need to be altered or reworked in any
manner due to the installation or connection of any other facility.
Any improvements installed prior to final plat application that do
not meet township standards shall be added to the performance guaranty.
[Amended 7-14-1981 by Ord. No. 81-11]
B.
No performance guaranty or maintenance guaranty shall
be required for the installation of improvements for utilities, which
improvements have been installed by the utility company involved.
[Amended 7-14-1981 by Ord. No. 81-11]
C.
A performance guaranty estimate shall be submitted
to the approving authority by the Township Engineer as part of his
report on his final plat review, completely detailing the scope of
work and cost required for the construction of necessary public improvements.
Said guaranty shall cover maintenance of these improvements until
final acceptance by the Township Committee. The cost of the installation
of improvements for the purposes of N.J.S.A. 40:55D-53 shall be estimated
by the Municipal Engineer based on documented construction costs for
public improvements prevailing in the general area of the municipality.
The developer may appeal the Municipal Engineer's estimate to the
governing body. The governing body shall decide the appeal within
45 days of receipt of the appeal in writing by the Municipal Clerk.
After the developer posts a guaranty with the municipality based on
the cost of the installation of the improvements as determined by
the governing body, he may institute legal action within one year
of the posting in order to preserve the right to a judicial determination
as to the fairness and reasonableness of the amount of the guaranty.
[Amended 7-14-1981 by Ord. No. 81-11; 5-11-1993 by Ord. No. 93-11]
D.
The developer and surety shall guarantee the developer's undertaking and shall secure completion of the improvements in accordance with § 188-14H(2)(a), but not exceeding two years. The proposed performance guaranty accompanying the final plat shall be submitted to the approving authority by the developer. The approving authority shall review the proposed performance guaranty and submit it to the Township Engineer and Township Attorney for recommendations as to accuracy and form and then to the Township Committee for approval and acceptance by resolution. A final plat application shall not be accepted until the performance guaranty has been accepted and approved by the Township Committee. In the event that final approval is by stages or sections, the provisions of this section shall be applied by stage or section.
[Amended 3-25-1980 by Ord. No. 80-2; 7-14-1981 by Ord. No. 81-11; 6-10-1986 by Ord. No. 86-6; 5-11-1993 by Ord. No. 93-11]
(1)
Acceptance of guaranties.
(a)
The performance guaranty shall consist of the performance guaranty estimate and a performance bond, in which the developer shall be principal and an acceptable surety company licensed to do business in the State of New Jersey shall be surety, and/or cash or certified check, which shall be deposited with the Township by payment to the Township Treasurer. The Township Treasurer shall issue a receipt for such deposits and shall cause the same to be deposited in a bank approved by the Township Committee to be retained as security for completion of all requirements and to be returned to the developer upon completion of all required work or, in the event of default on the part of the developer, to be used by the Township to pay the costs of completing the requirements. If the required improvements have not been installed or constructed in accordance with the standards of the Township or in accordance with § 188-14H(2)(a), but no longer than two years, the obligor and surety for any bond shall be liable thereon to the Township for the reasonable costs of improvements or of the uncompleted portions thereof, and, upon authorization by the Township Committee, the Township Attorney shall take the necessary steps to obtain such costs from the obligor and surety.
(b)
The approving authority shall accept a performance
guaranty or maintenance guaranty which is an irrevocable letter of
credit if it constitutes an unconditional payment obligation of the
issuer running solely to the municipality for an express initial period
of time in the amount determined pursuant to N.J.S.A. 40:55D-53.4;
is issued by a banking or savings institution authorized to do and
doing business in the State of New Jersey; is for a period of time
of at least one year; and permits the Township to draw upon the letter
of credit if the obligor fails to furnish another letter of credit
which complies with the provisions of this section 30 days or more
in advance of the expiration date of the letter of credit or such
longer period in advance thereof as stated in the letter of credit.
(2)
The performance guaranty in favor of the municipality
shall be in an amount not to exceed 120% of the cost of installation,
which cost shall be determined by the Municipal Engineer according
to the method of calculations set forth in N.J.S.A. 40:55D-53.4 for
improvements which the approving authority deems necessary or appropriate.
The Municipal Engineer shall prepare an itemized cost estimate of
the improvements covered by the performance guaranty, which itemized
cost estimate shall be appended to each performance guaranty posted
by the obligor. A minimum of 10% of a performance guaranty shall be
required to be in cash. A developer, at his option, may however provide
more than 10% of a performance guaranty in cash.
(3)
The time allowed for installation of the improvements
for which the performance guaranty has been provided may be extended
by the Township Committee by resolution. As a condition or as part
of any such extension, the amount of any performance guaranty shall
be increased or reduced as the case may be to an amount not to exceed
120% of the cost of the installation, which cost shall be determined
by the Municipal 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.
(4)
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 municipality for
the reasonable cost of the improvements not completed or corrected,
and the municipality may, either prior to or after the receipt of
the proceeds thereof, complete such improvements. Such completion
or correction of improvements shall not be subject to the public bidding
requirements of the Local Public Contracts Law (N.J.S.A. 40A:11-1
et seq.) as long as no public moneys are expended for the completion
or correction.
E.
The Township Clerk shall notify the approving authority
and the Township Engineer prior to the approving authority's next
regular meeting that the performance guaranty has been approved and
accepted by the Township Committee.
F.
Inspections and improvements.
(1)
Inspections of subdivisions and site plans.
[Amended 7-14-1981 by Ord. No. 81-11; 6-10-1986 by Ord. N. 86-6; 5-11-1993 by Ord. No. 93-11; 10-8-2002 by Ord. No. 2002-35]
(a)
Prior to beginning construction, the developer
shall arrange for a preconstruction conference between the developer,
contractor and Township Engineer. All improvements and utility installations
shall be inspected during the time of their installation under the
supervision of the Township Engineer to ensure satisfactory completion.
The Township Engineer shall be notified by the developer three working
days in advance of the start of construction.
(b)
The cost of said inspection shall be the responsibility
of the developer, and he shall deposit the following amounts with
the Township Treasurer prior to beginning construction: 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.
(c)
The Municipal Engineer shall not perform any inspections if sufficient funds to pay for those inspections are not on deposit. Moreover, the Municipal Engineer, in his discretion, may take action to withhold permits or certificates of occupancy or issue stop-work orders should additional inspection fee deposit moneys not be forthcoming in accordance with Subsection F(1)(d) hereinbelow.
(d)
For those developments for which the reasonably
anticipated fees are less than $10,000, fees may, at the option of
the developer, be paid 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 Municipal Engineer for inspection, the developer
shall deposit the remaining 50% of the anticipated inspection fees.
For those developments for which the reasonably anticipated fees
are $10,000 or greater, fees may, at the option of the developer,
be paid 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 Municipal Engineer for inspection, the developer shall
make additional deposits of 25% of the reasonably anticipated fees.
(e)
The inspection fee deposit provided for herein
shall be deposited by the Township Treasurer in an account for such
purposes, under the sole control of the township, and the township
shall be reimbursed for inspection expenses in accordance with accounting
procedures established by the governing body. Said inspection deposits
may be commingled with like deposits from other developers, but an
account book shall be kept so as to identify the particular deposits
and charges made against the same.
(f)
All inspection costs, not listed below, shall
be determined in accordance with prevailing hourly rates on file with
the Township Engineer, including overhead for municipal employees
and including overhead and profits for consultants employed as agents
of or furnishing testing services and reporting to the Township Engineer.
Inspection work before 8:00 a.m. or after 4:30 p.m. or on weekends
or holidays will incur overtime costs.
(2)
Improvement costs, as estimated in this section, shall
be defined to include construction and installation costs of grading,
pavement, surveyor's monuments, drainage structures, storm sewers,
sanitary sewers and other means of sewage disposal, water mains, fire
protection features, streets, gutters, curbs, culverts, sidewalks,
streetlighting, shade trees, parking areas, landscaping, street signs,
erosion control and sedimentation control devices, public improvements
of open space and other on-tract improvements.
(3)
Whenever sanitary sewers are to be constructed by
a developer as part of a development, either on-site, on-tract or
off-tract, and said sanitary sewers, upon completion, will be under
the control and jurisdiction of the Hillsborough Municipal Utilities
Authority (M.U.A.) or other franchised utility company or authority,
and said sanitary sewers, during construction, will be subject to
inspection by said M.U.A. or other utility company or authority, then,
notwithstanding other language of this chapter requiring the developer
to post performance guaranties and inspection fees for improvements,
the performance guaranties and inspection fees otherwise posted and
deposited by the developer need not include guaranties or fees for
such sanitary sewers, and said sanitary sewers need not be inspected
by the Township. In order to obtain the exemption of such sanitary
sewers from the Township performance guaranties and inspections, the
developer shall submit evidence to the Planning Board that the M.U.A.
or other utility company or authority, as the case may be, has agreed
to such arrangements and will not look to the Township of Hillsborough
for inspection, completion or maintenance of said sanitary sewers.
(4)
The Township Engineer shall provide certification
of guaranties, as requested and where appropriate. The fee for each
certification shall be $10.
[Added 11-22-1983 by Ord. No. 83-26]
(5)
At any time, whether as a result of his inspection
of work underway or otherwise, the Township Engineer may recommend
that the developer be required to modify the design and/or construction
and the extent of the improvements required, notifying the Planning
Board of his recommendations. The Planning Board shall, if it considers
such modifications to be major or if requested by the developer or
Township Engineer, take formal action to approve or disapprove such
recommendations; provided, however, that it must first afford the
developer an opportunity to be heard. If the Board takes no formal
action within 30 days of such recommendations, or where the developer
has not requested formal Planning Board action, its approval will
be assumed. Similarly, the Planning Board may grant or deny the developer
permission to effect such modification upon his application and the
Township Engineer's approval. In either event, where such modification
is to be effected, the appropriate plat must be revised by the developer
or his engineer to reflect such modification and sufficient copies
thereof submitted to the Township Engineer for distribution. The surety
bond shall recite the appropriate language to reflect the fact that
it covers not only the improvements set forth in the original bond
tabulation but modifications to the design and/or construction and
the extent of the improvements required as may occur as a result of
this provision. In recommending any modification to the design and/or
construction and the extent of the improvements required, the Township
Engineer shall consider the following factors: the nature, extent,
parameters and sufficiency of improvements delineated at the preliminary
and final subdivision approval and the developer's reliance thereon
and the necessity for the modifications in order to protect the health,
safety and welfare of the residents of the municipality as a whole
and/or the residents of the development in particular.
[Added 6-10-1986 by Ord. No. 86-6]
(6)
All professional escrow deposits submitted by a developer for inspections of developments under construction shall be maintained, processed and paid out pursuant to all the requirements of the 1995 developer escrow statute amendments (Chapter 54, P.L. 1995) as reflected in the Hillsborough Township ordinance amendment to the Professional Escrow Fee Ordinance amendment known as Ordinance 95-49. All relevant subsections of § 188-13B shall be applicable to the inspection of developments delineated in § 188-14F.
[Added 12-19-1995 by Ord. No. 95-46]
G.
Performance of work.
(1)
In no case shall any work be done without permission
from the Township Engineer prior to any such construction so that
a representative of the Township Engineer's office may be present
at the time the work is to be done. At least one up-to-date, complete,
approved for construction set of plans is to be maintained at the
site of the work, available for inspection by contractors, subcontractors,
materials men and the Township inspector during normal working hours.
(2)
Construction procedures, safety equipment and site
conditions shall provide for the safety of all personnel, are the
continuing responsibility of the owner and shall fully comply with
the provisions of the Federal Occupational Safety and Health Act (OSHA)
and the State Safety Code, particularly as they relate to excavations,
sheeting, shoring, pumping and baling.
(3)
All materials shall be new, free of defects, protected
and stored in a safe manner prior to incorporation in the work. The
exterior of all structural elements, including pipe materials, shall
be clearly marked with the name of the manufacturer or trademark,
strength class and standard, date and location of manufacture.
(4)
No underground facilities or materials shall be installed until the trench or general excavation subgrade and materials have been inspected and approved by the Township Engineer or his duly authorized representative. Defective or damaged materials shall be removed from the site and replaced at the owner's expense. Unacceptable subgrade conditions shall be corrected at the owner's expense, subject to the approval of the Township Engineer. Installation procedures shall conform to manufacturer's recommendations and/or trade standards for first-class construction. No underground installation shall be backfilled prior to inspection of the completed work and remedy of any apparent defects in materials or workmanship, except as provided in Subsection H below.
(5)
Backfill procedures shall be acceptable to the Township
Engineer incident to protection of the installed work, in addition
to the owner's responsibility for safe and proper procedures. Backfill
for all excavations within public road rights-of-way shall comply
with standards promulgated by the Township Engineer and adopted by
the Township Committee. Backfill material shall be select excavated
material of low plasticity or suitable off-site or off-tract select
material, properly placed and tamped to eliminate unacceptable settlement
of following or future surface improvements or adjacent underground
improvements.
(6)
The Township Engineer shall be notified in writing
with a copy of the approving authority and Building Inspector, not
less than one month in advance of the start up of a new project and
not less than two weeks in advance of a general shutdown (winter or
end of work) or general restart (spring) of construction on an active
project.
(7)
The Township Engineer shall be furnished a foundation
location and elevation survey performed by a licensed land surveyor
for his verification of compliance with the approved construction
plan. Said survey shall be approved or rejected by the Township Engineer
within 10 days of receipt before construction of a superstructure
may proceed.
[Added 6-10-1986 by Ord. No. 86-6]
H.
Completion; building permits and certificates of occupancy.
(1)
Issuance of building permits and certificates of occupancy.
[Amended 7-14-1981 by Ord. No. 81-11; 12-23-1986 by Ord. No. 86-19]
(a)
Building permits in a subdivision or site plan
or approved subsection thereof, except for model buildings in the
first subsection, will be issued only when the installation of curbs,
utilities in or under the street cartway, functioning water supply
and wastewater disposal facilities, necessary underground and/or surface
storm facilities to ensure proper drainage of the lots and surrounding
land, rough grading of lots according to the standard of the approved
soil erosion and sediment control plan for the buffer plantings and
berms, street subbase and base courses are installed to serve all
lots and structures within the subdivision or site plan or approved
subsection thereof. The owner shall request and the Building Inspector
shall receive favorable reports from all involved utility and inspection
officials certifying the conditional acceptance for use, subject to
minor punch list repairs, and final acceptance by the governing body,
where appropriate, of necessary installed improvements. Permits for
model buildings in the front subsection or 10% of the total number
to be built in said subsection, whichever is less, not to exceed six,
may be issued on commencement of construction of improvements.
(b)
Completion of all off-site and off-tract road and drainage improvements (as that term is defined in § 188-3 of the municipal development regulations) shall be required prior to the issuance of the first certificate of occupancy for the development unless an alternate completion date or dates have been specified for such improvements in the subdivision or site plan resolution of approval. The approving authority, in connection with such subdivision or site plan approval, shall delineate within its resolution the date and/or dates upon which such off-site and off-tract road and drainage improvements shall be completed. In determining the appropriate completion date or dates for such improvements, the approving authority shall consider the need for such off-site and off-tract road and drainage improvements in order to accommodate conditions generated inside the development, the extent to which these off-site and off-tract improvements must be completed in order to keep pace with the development occurring inside the site or subdivision, the need to protect and preserve the health, safety and welfare of the residents residing within the development as well as the residents of the neighborhood in particular and the municipality in general and any unreasonable risk of danger to the residents within the development and the public in general caused by any untimely completion of all or parts of the off-site and off-tract road and drainage improvements required. The owner shall request and the Chief Construction Official shall receive a favorable report from the Township Engineer certifying the completion of such off-site and off-tract improvements in accordance with the operable subdivision/site plan resolution of approval or the provisions of this chapter, whichever is applicable, before a certificate of occupancy shall be issued.
(2)
Minimum certifications.
[Amended 6-10-1986 by Ord. No. 86-6]
(a)
As a minimum, these certifications must be received
from all involved utility companies, the Plumbing Inspector, the involved
sewerage agency and the Township Engineer. Completion of all improvements
within the development or approved subsection, including installation
of any remaining utilities in or under the sidewalk or bikeway, right-of-way,
installation of sidewalks and bikeways, surface course paving, final
site grading and seeding and planting, subject only to minor punch
list repairs or replacements in final acceptance by the governing
body, will be required prior to the issuance of the last 30% of occupancy
permits in the development or subsection thereof and prior to issuance
of building permits in any subsequent subsection of that development
or, in lieu thereof, the owner shall post a cash bond in the amount
equal to the cost of said remaining improvements, as determined by
the Township Engineer, said cost to include allowances for contingency
and engineering fees and the cost of a maintenance bond, all in accordance
with the terms and conditions of the Hillsborough standard form of
escrow agreement on certificates of occupancy, a copy of which is
filed with the Township Clerk and incorporated herein by reference.
Should the Township Engineer determine that the failure to complete
any one or more of the aforementioned improvements creates an unreasonable
risk to the health, safety and welfare of persons and/or property,
the owner shall be required to immediately complete any one or more
of such improvements so designated as a condition precedent to a posting
of an all cash bond to ensure the completion of the remaining improvements
before the remaining 30% of occupancy permits or building permits
in any subsequent subsection may be issued.
(b)
With respect to site plan approval, as a minimum,
these certifications must be received from all utility companies,
the Plumbing Inspector, the involved sewerage agency and the Township
Engineer. Completion of all improvements reflected by the site plan
or any modifications and/or additions thereto, including installation
of any remaining utilities in or under the sidewalk, installation
of sidewalks, surface course paving, final site grading and seedings
and plantings subject only to minor punch list repairs or replacements
and final acceptance by the governing body will be required prior
to the issuance of a certificate of occupancy. In the event that such
site plan involves multiple units, completion of all of the aforementioned
improvements shall be required subject only to minor punch list repairs
prior to the issuance of the last 30% of occupancy permits, or in
lieu thereof, the owner shall post a cash or surety bond in an amount
equal to 120% of the cost of said remaining improvements as determined
by the Township Engineer, said costs to include allowances for contingency
and engineering fees and the cost of a maintenance bond, all in accordance
with the terms and conditions of the Hillsborough standard form of
escrow agreement on certificates of occupancy (site plan), a copy
of which is filed with the Township Clerk and incorporated herein
by reference. To ensure completion of the remaining improvements,
the certificates of occupancy on the last 30% of the units shall be
temporary in nature and should have endorsed upon them a statement
that they are subject to revocation in the event that the remaining
improvements are not made by the date specified in the escrow agreement.
Should the Township Engineer determine that the failure to complete
any one or more of the aforementioned improvements creates an unreasonable
risk to the health, safety and welfare of persons and/or property,
the owner shall be required to immediately complete any one or more
of such improvements so designated as a condition precedent to a posting
of an all cash bond to ensure the completion of the remaining improvements
before the remaining 30% of the occupancy permits may be issued.
[Amended 3-24-2009 by Ord. No. 2009-12]
(3)
Where special reasons are presented showing factors
outside the control of the applicant or the Planning Board, why initial
building permits should issue for more than the permitted models,
the Township Committee shall have the authority to authorize the issuance
of foundation permits for additional buildings. An example of such
special reason would be where a public utility requires more than
the aforesaid permitted buildings to be authorized before it will
begin construction of its underground facilities. In any such case,
in authorizing additional permits, the Township Committee may impose
conditions so that the intent of this section is realized although
additional permits may be issued. Nothing herein shall be deemed to
in any way require the issuance of building permits for said structures,
other than foundation permits hereinabove referred to, until and unless
all requirements for the issuance of such building permits as set
forth in this chapter or any other applicable ordinance of the Township
are met.
[Added 5-9-1978 by Ord. No. 78-3]
I.
Public streetlighting, as necessary, shall be installed
and operational prior to the issuance of any occupancy certificate.
The developer shall, in coordination with the electric utility company,
Planning Director, Township Engineer, Police Department and Township
Committee, arrange for timely installation and activation of necessary
facilities and shall pay all installation, operation and maintenance
costs until the developer has notified the approving authority and
governing body of the Township that the streetlighting has been installed
and accepted for service by the public utility and that the certificates
of occupancy have been issued for at least 50% of the dwelling units
and 50% of the floor area of the nonresidential uses on the dedicated
street or portion thereof indicated pursuant to N.J.S.A. 40:55D-38.
The Township shall, within 30 days following receipt of this notification,
make appropriate arrangements with the public utility for, and assume
the payment of, the cost of the streetlighting on the dedicated public
street on a continuing basis. Compliance by the Township with the
provisions of this subsection shall not be deemed to constitute acceptance
of the street by the municipality.
[Amended 7-14-1981 by Ord. No. 81-11; 5-11-1993 by Ord. No. 93-11]
J.
Fire hydrants, as necessary, within public road rights-of-way
shall be installed and operational prior to the issuance of any certificate
of occupancy. The developer, in coordination with the water utility
company, fire company, Fire Inspector, Township Engineer and Township
Committee, shall arrange for the timely installation and activation
of necessary facilities and shall pay all installation, operation
and maintenance costs up to the date of final acceptance of the improvements.
After such final acceptance, the operating and maintenance costs of
said hydrants shall be borne by the Township.
K.
Inspection by the Township of the installation of
improvements and utilities by the developer shall not subject the
Township to liability for claims, suits or liability of any kind that
may arise because of defects or negligence, it being recognized that
the responsibility to provide proper utilities and improvements and
to maintain safe conditions at all times on all parts of the tract,
whether construction is waiting to start, is in progress or is completed,
or any combination of conditions on all or a part of the tract, is
upon the developer and his contractors or subcontractors, if any.
L.
After completing the construction of the public improvements covered by the performance guaranty, the developer shall prepare one set of public improvements and utility plans and the profiles, updated to show as-built conditions drawn with waterproof black ink on translucent linen, and apply to the Township Engineer for final inspection of the work. (See Subsection N below.)
[Amended 3-25-1980 by Ord. No. 80-2]
M.
The amount of the performance guaranty may be reduced by the Township Committee by resolution when portions of the required improvements have been installed and have been inspected and approved by the Township Engineer in accordance with the procedure delineated in Subsection N hereinafter.
[Amended 5-11-1993 by Ord. No. 93-11]
N.
Completion of improvements.
[Amended 3-25-1980 by Ord. No. 80-2; 5-11-1993 by Ord. No. 93-11]
(1)
Upon substantial completion of all required street
improvements (except for the top course) and appurtenant utility improvements
and the connection of the same to the public system, the obligor may
request of the governing body, in writing, by certified mail addressed
in care of the Municipal Clerk, that the Municipal Engineer prepare,
in accordance with the itemized cost estimate prepared by the Municipal
Engineer and appended to the performance guaranty, a list of all uncompleted
or unsatisfactory completed improvements. If such a request is made,
the obligor shall send a copy of the request to the Municipal Engineer.
The request shall indicate which improvements shall be completed and
which improvements remain uncompleted in the judgment of the obligor.
Thereupon the Municipal Engineer shall inspect all improvements covered
by the obligor's request and shall file a detailed list and report,
in writing, with the government body 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 Municipal 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 incomplete improvement or the nature and extent of and remedy
for the unsatisfactory statement of each completed improvement determined
to be unsatisfactory. The report prepared by the Municipal Engineer
shall 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 guaranty relating to the completed and satisfactory
improvement, in accordance with the itemized cost estimate prepared
by the Municipal Engineer and appended to the performance guaranty.
(3)
The governing body, by resolution, shall either approve
the improvements determined to be complete and satisfactory by the
Municipal 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
guaranty relating to the improvements accepted; in accordance with
the itemized cost estimate prepared by the Municipal Engineer and
appended to the performance guaranty. This resolution shall be adopted
not later than 45 days after receipt of the list and report prepared
by the Municipal Engineer. Upon adoption of the resolution by the
governing body, the obligor shall be released from all liability pursuant
to its performance guaranty, with respect to those approved improvements,
except for that portion adequately sufficient to secure completion
or correction of the improvements not yet improved, provided that
30% of the amount of the performance guaranty posted may be retained
to insure completion and acceptability of all improvements.
(4)
If the Municipal Engineer fails to send or provide
the list and report as requested by the obligor within 45 days from
receipt of the request, the obligor may apply to the court in a summary
manner for an order compelling the Municipal Engineer to provide the
list and report within a stated time, and the cost of applying to
the court, including reasonable attorneys' fees, may be awarded to
the prevailing party.
(5)
If the governing body fails to approve or reject the
improvements determined by the Municipal Engineer to be complete and
satisfactory or reduce the performance guaranty for the complete and
satisfactory improvements within 45 days from the receipt of the Municipal
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 guaranty for the approvable, complete and satisfactory
improvements in accordance with the itemized cost estimate prepared
by the Municipal Engineer and appended to the performance guaranty,
and the cost of applying to the court, including reasonable attorneys'
fees, may be awarded to the prevailing party.
(6)
In the event that the obligor has made a cash deposit
with the municipality or approving authority as part of the performance
guaranty, then any partial reduction granted in the performance guaranty
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 guaranty.
O.
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 Subsection N shall be followed.
[Amended 5-11-1993 by Ord. No. 93-11]
P.
Suspension of work. Failure of the developer, his
contractor, subcontractors or agents to conform to the specifications
for installing and/or maintaining improvements as approved by the
approving authority or to proceed in a safe manner, rendering conditions
hazardous to the workmen, materials, equipment, installation or the
public, will be just cause for the suspension of work being performed
by the Township Engineer. Directives for suspension of all or part
of the work, as appropriate, shall be delivered in writing by the
Township Engineer, with a copy to the Planning Administrator, Building
Inspector, Chairman of the approving authority and Mayor within 24
hours. If required, the police powers of the Township may be used
to enforce such suspension of work. Work shall not resume until the
cause or causes of such suspension are eliminated.
Q.
Conditions and acceptance of improvements. The approval
of any plat under this chapter by the approving authority shall in
no way be construed as acceptance of any street, drainage system or
other improvements required by this chapter, nor shall such plat approval
obligate the Township in any way to maintain or exercise jurisdiction
over such street, drainage system or other improvement. Acceptance
of any street, drainage system or other improvement shall be implemented
only by favorable action by the Township Committee. No improvement
shall be accepted by the Township Committee unless and until all of
the following conditions have been met:
(1)
The Township Engineer shall have certified in writing
to the approving authority and Township Committee that all the improvements
and modifications and additions thereto are complete, that they comply
fully with the requirements of this chapter, that they comply fully
with the requirements of other applicable local ordinances and that
such improvements as completed do not pose a danger to the health,
safety and welfare of persons or property.
[Amended 6-10-1986 by Ord. No. 86-6]
(2)
Maintenance guaranty.
[Amended 5-11-1993 by Ord. No. 93-11]
(a)
The developer shall have filed with the Township Committee and the Township Committee shall have accepted and approved a maintenance guaranty of not more than 15% of the cost of the improvement, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4. 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 maintenance guaranty to another governmental agency, no maintenance guaranty shall be required by the municipality for such utilities or improvements (see § 188-14B). No more than 10% of the maintenance guaranty shall be required by the Township to be in cash. A developer may however provide at his option some or all of a maintenance guaranty in cash.
(b)
The 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 Planning Board that the
developer 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 that the developer
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
Planning Board. The developer may apply for the extension either before
or after what would otherwise be the expiration date.
R.
If any section, paragraph, subdivision, clause or provision of § 188-14 and its amendments and modifications delineated hereinabove shall be judged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of § 188-14, as amended, shall be deemed valid and effective.
[Added 6-10-1986 by Ord. No. 86-6]
See § 188-14, Guaranties and inspections, in this article.
A.
The provisions of this chapter shall be minimum requirements.
Where there are minimum and maximum standards, both standards shall
be met even though the combination of standards may not permit development
to take advantage of all standards simultaneously. Where this chapter
imposes a greater restriction than other provisions of law, the provisions
of this chapter shall control. Where other provisions of law impose
greater restrictions than this chapter, the provisions of such other
laws shall control.
B.
Zoning district lines are intended to follow street
center lines, streams and lot or property lines unless otherwise indicated
by dimensions on the map. Dimensions are in feet, measured horizontally
and measured from the street right-of-way line even if the center
line of that street serves as a district line. The location of any
disputed zoning line shall be determined by the Board of Adjustment.
District lines extend vertically in both directions from ground level.
C.
Where a zoning district line divides a lot, that line
may be modified by the owner by moving it to the property line, provided
that the property line is within 20 feet of the district line as shown
on the map. A use permitted in the district so extended shall thereafter
be a permitted use in the extended area. A district line shall be
altered only once by utilizing this section of the chapter, after
which the use shall be governed by the district in which it is located
after the adjustment.
D.
Where a street or public way serves as the zoning
district line and it is lawfully vacated, the former center line shall
be considered the zoning district line.
A.
No zoning permit, building permit or certificate of
occupancy shall be issued for any parcel of land or structure which
was sold or on which improvements were undertaken in violation of
the provisions of this chapter or for use of a lot which was created
by subdivision after the effective date of and not in conformity with
the provisions of this chapter. No site improvements such as, but
not limited to, excavation or construction of public or private improvements
shall be commenced except in conformance with this chapter in accordance
with plat approvals and the issuance of required permits. No certificate
of occupancy shall be issued where improvements required under site
plan review have not been completed.
B.
Zoning permit. No building permit for a new structure
and no certificate of occupancy for a new use of an existing structure
shall be issued by the Building Inspector unless the plans accompanying
the application for a building permit or certificate of occupancy
are accompanied by an approved zoning permit. No zoning permit shall
be issued by the Zoning Officer unless the proposed structure, use,
temporary activity and required construction activities necessary
to implement the proposed plans are in compliance with the zoning
provisions of this chapter or unless the plans have received site
plan and/or subdivision approval. In cases involving the new use of
an existing structure, no certificate of occupancy for the new tenant
shall be issued until a zoning permit has been issued.
C.
It shall be unlawful to use or permit the use of any
building or part thereof hereafter created, erected, changed, converted,
altered or enlarged, wholly or in part, until a certificate of occupancy
shall have been issued by the Building Inspector, and no certificate
shall be issued unless the land, building and use thereof comply with
this chapter and all matters incorporated on the approved subdivision
or site plan have been completed and certified by the Township Engineer,
Plumbing Inspector and Health Officer.
D.
Each request for a zoning permit and a certificate
of occupancy shall be accompanied by a certified check or bank money
order payable to the Township of Hillsborough in the amount of $50
for a zoning permit and $25 per dwelling unit for a certificate of
occupancy.[1]
[Amended 7-14-1981 by Ord. No. 81-11; 8-27-2002 by Ord. No. 2002-23]
[Amended 11-13-1979 by Ord. No. 79-17; 3-25-1980 by Ord. No. 80-2]
A.
Establishment.
(1)
There is hereby established pursuant to P.L. 1975,
c. 291,[1] as amended, in the Township of Hillsborough, a Planning
Board of nine members and two alternate members, consisting of the
following:
(a)
Class I: the Mayor.
(b)
Class II: one of the officials of the Township
other than a member of the governing body, to be appointed by the
Mayor, provided that, if there be an Environmental Commission, the
member of the Environmental Commission who is also a member of the
Planning Board, as required by N.J.S.A. 40:56A-1, shall be deemed
to be the Class II Planning Board member for purposes of this chapter
in the event that there be among the Class IV or alternate members
of the Planning Board both a member of the Zoning Board of Adjustment
and a member of the Board of Education.
(c)
Class III: a member of the governing body to
be appointed by it.
(d)
Class IV: six other citizens of the municipality
to be appointed by the Mayor.
[1]
Editor's Note: See N.J.S.A. 40:55D-23 et seq.
(2)
The members of Class IV shall hold no other Municipal
office, position or employment, except that one member may be a member
of the Zoning Board of Adjustment or Historic Preservation Commission
and one member may be a member of the Board of Education. A member
of the Environmental Commission who is also a member of the Planning
Board, as required by N.J.S.A. 40:56A-1, shall be a Class IV Planning
Board member unless there be among the Class IV or alternate member
of the Planning Board both a member of the Zoning Board of Adjustment
or Historic Preservation Commission and a member of the Board of Education,
in which case the members common to the Planning Board and Township
Environmental Commission shall be deemed a Class II member of the
Planning Board.
[Amended 8-14-1990 by Ord. No. 90-15]
(3)
There may also be appointed two alternate members.
Such appointments shall meet the qualifications of Class IV members.
The alternate members shall be designated at the time of appointment
by the Mayor as "Alternate No. 1 " and "Alternate No. 2." Alternate
members may participate in discussions of the proceedings but may
not vote except in the absence or disqualification of a regular member
of any class. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
B.
Terms.
(1)
The term of the member composing Class I shall correspond
with his official tenure. The terms of the members composing Classes
II and III shall be for one year or terminate at the completion of
their respective terms of office, whichever occurs first, except for
a Class II member who is also a member of the Environmental Commission.
The term of a Class II or Class IV member who is also a member of
the Environmental Commission shall be for three years or terminate
at the completion of his term of office as a member of the Environmental
Commission, whichever occurs first.
(2)
The term of a Class IV member who is also a member
of the Board of Adjustment or the Board of Education shall terminate
whenever he is no longer a member of such other body or at the completion
of his Class IV term, whichever occurs first.
(3)
The terms of all Class IV members first appointed
pursuant to this chapter shall be so determined that to the greatest
practicable extent the expiration of such terms shall be distributed
evenly over the first four years after their appointment as determined
by resolution of the governing body; provided, however, that no term
of any member shall exceed four years, and further provided that nothing
herein shall affect the terms of any present members of the Planning
Board, all of whom shall continue in office until the completion of
the terms for which they were appointed. Thereafter all Class IV members
shall be appointed for terms of four years, except as otherwise herein
provided. All terms shall run from January 1 of the year in which
the appointment was made.
(4)
The terms of the alternate members shall be for two
years, except that the terms of the alternate members shall be such
that the term of not more than one alternate member shall expire in
any one year; provided, however, that in no instance shall the terms
of the alternate members first appointed exceed two years.
C.
Vacancies. If a vacancy in any class or alternate
membership shall occur otherwise than by expiration of the Planning
Board term, it shall be filled by appointment as above provided for
the unexpired term.
D.
Authority.
(1)
The Planning Board shall have all the powers granted to planning boards under the laws of the State of New Jersey. Without limiting the foregoing or being limited thereby the Planning Board shall be the review and approving authority in all applications for subdivision, site plans, planned developments and conditional uses, except where such authority is vested in the Zoning Board of Adjustment to review and approve subdivisions, site plans and conditional uses in connection with an application for a use variance. (See § 188-6F.)
(2)
Reviewing of applications.
(a)
Whenever the proposed development requires approval
pursuant to this chapter of a subdivision, site plan or conditional
use, but not a variance pursuant to Section 57d of the Municipal Land
Use Act (N.J.S.A. 40:55D-70), the Planning Board shall have the power
to grant, to the same extent and subject to the same restrictions
as the Zoning Board of Adjustment:
[Amended 7-14-1981 by Ord. No. 81-11; 4-9-1985 by Ord. No. 85-1]
[1]
Variances pursuant to Section 57c of the Municipal Land Use Law (N.J.S.A. 40:55D-70c) [see § 188-6B(2)(c) of this chapter] and N.J.S.A. 40:55D-60 for lot area, lot dimensional, setback and yard requirements.
[2]
Direction pursuant to Section 25 of the Municipal
Land Use Law (N.J.S.A. 40:55D-34) for issuance of a permit for a building
or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved on the Official Map pursuant
to Section 23 of the Municipal Land Use Law (N.J.S.A. 40:55D-32).
[3]
Direction pursuant to Section 27 of the Municipal
Land Use Law (N.J.S.A. 40:55D-36) for issuance of a permit for a building
or structure not related to a street.
(b)
Whenever relief is requested pursuant to Subsection D(2)(a)[1], [2] and [3] above, notice of the hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be.
(3)
The Planning Board shall also have the power to review and approve or deny conditional uses as outlined in § 188-9, Conditional use, in this article. The Planning Board has the authority to review all aspects of a development plan simultaneously without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. Whenever approval of a conditional use is requested by the developer pursuant to these provisions, notice of the hearing shall include reference to the request for such conditional use.
(4)
The Planning Board shall have the authority to permit
deviation from the final plan if caused by a change of conditions
beyond the control of the developer since the date of final approval,
and the deviation would not substantially alter the character of the
development or substantially impair the intent and purpose of the
Master Plan and Zoning Ordinance.
(5)
The Planning Board shall have the power to make, adopt
and amend the Master Plan for the physical development of the Municipality
pursuant to the provisions of N.J.S.A. 40:55D-28. Included as an optional
element of the Township Master Plan shall be an historic preservation
plan element indicating the location, significance, proposed utilization
and means of preservation of historic sites and historic districts
and identifying the standards used to assess worthiness for historic
sites or district designation.
[Added 7-14-1981 by Ord. No. 81-11; 8-14-1990 by Ord. No. 90-15]
(6)
The Planning Board shall have the power to administer
the provisions of the subdivision and site plan provisions of this
chapter.
[Added 7-14-1981 by Ord. No. 81-11]
(7)
The Planning Board shall have the power to participate
in the preparation and review of programs or plans required by state
or federal law or regulations.
[Added 7-14-1981 by Ord. No. 81-11]
(8)
The Planning Board shall have the power to assemble
data on a continuing basis as part of a continuous planning process.
[Added 7-14-1981 by Ord. No. 81-11]
(9)
The Planning Board shall have the power to consider
and report to the governing body within 35 days after referral of
any proposed development regulation submitted to it, pursuant to the
provisions of N.J.S.A. 40:55D-26, Subdivision a, and to pass upon
other matters referred to it by the governing body pursuant to the
provisions of N.J.S.A. 40:55D-26b.
[Added 7-14-1981 by Ord. No. 81-11]
(10)
The Planning Board shall have the power to perform
such other advisory duties as are assigned to it by ordinance or resolution
for the aid and assistance of the governing body or other municipal
agencies or officers.
[Added 7-14-1981 by Ord. No. 81-11]
(11)
The Planning Board shall have the power to review
and make recommendations on such matters as the location, character
or extent of capital projects in accordance with 40:55D-31 to the
governing body or other public agency having jurisdiction on capital
projects necessitating the expenditure of public funds.
[Added 7-14-1981 by Ord. No. 81-11]
E.
Hearing notices and actions taken by the Planning Board when reviewing a site plan or subdivision simultaneously with applications requiring considerations for conditional uses and variances and applications for preliminary approval of major subdivisions and major site plans, whether or not a variance or conditional use is involved, shall be in accordance with § 188-20, Public hearings and notices.
F.
In the event the Planning Board disapproves a development
plan, no building permit or certificate of occupancy shall be issued.
Any applicant wishing to make a change in an approved application
shall follow the same procedure as the original application.
A.
Organization of Board. The Planning Board shall elect
a Chairman and Vice Chairman from the members of Class IV. The Board
of Adjustment shall elect a Chairman and Vice Chairman from its members.
Both Boards shall select a Secretary and Assistant Secretary who may
be members of the Board or municipal employees.
B.
Attorney. There is hereby created the office of Planning
Board Attorney and the office of Attorney to the Zoning Board of Adjustment.
Each Board may annually appoint and fix the compensation of or agree
upon the rate of compensation of their respective Board Attorney who
shall be an attorney other than the Municipal Attorney.
C.
Experts and staff. The Planning Board and the Zoning
Board of Adjustment may employ or contract for the services of experts
and other staff and services as they may deem necessary. Each Board
shall not authorize expenditures which exceed, exclusive of gifts
or grants, the amount appropriated by the governing body for its use.
D.
Rules and regulations. Each Board shall adopt such
rules and regulations as may be necessary to carry into effect the
provisions and purposes of this chapter. In the issuance of subpoenas,
administration of oaths and taking of testimony, the provisions of
the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1
et seq.) shall apply.
E.
Conflict of interest. No member or alternate member
of the Planning Board or Zoning Board of Adjustment shall act on any
matter in which he has, either directly or indirectly, any personal
or financial interest. Whenever any such member shall disqualify himself
from acting on a particular matter, he shall not continue to sit with
the Board on the hearing of such matter nor participate in any discussion
or decision relating thereto.
[Amended 7-14-1981 by Ord. No. 81-11]
F.
Meetings.
(1)
Meetings of both the Planning Board and the Zoning
Board of Adjustment shall be scheduled no less often than once a month,
and any meeting so scheduled shall be held as scheduled unless canceled
for lack of applications for development to process.
(2)
Special meetings may be provided for at the call of
the Chairman or on the request of any two Board members, which meetings
shall be held on notice to its members and the public in accordance
with all applicable legal requirements.
(3)
No action shall be taken at any meeting without a
quorum being present. If the Planning Board lacks a quorum because
any of its regular or alternate members is prohibited by N.J.S.A.
40:55D-23 or 40:55D-23.1 from acting on a matter due to the member's
personal or financial interests therein, regular members of the Board
of Adjustment shall be called upon to serve, for that matter only,
as temporary members of the Planning Board in order of seniority of
continuous service to the Board of Adjustment until there is the minimum
number of members necessary to constitute a quorum to act upon the
matter without any personal or financial interest therein, whether
direct or indirect. If a choice has to be made between regular members
of equal seniority, the Chairman of the Board of Adjustment will make
the choice.
[Amended 5-11-1993 by Ord. No. 93-11]
(4)
All actions shall be taken by a majority vote of the
members of the municipal agency present at the meeting except as otherwise
required by P.L. 1975, c. 291, Sections 23, 25, 49 and 50, and Subsections
8e, 17a, 17b and 57d of the Municipal Land Use Law, as amended and
supplemented.[1] Failure of a motion to receive the number of votes required
to approve an application for development pursuant to the exceptional
vote requirements of Section 25 or Subsection 57d of the Municipal
Land Use Law (N.J.S.A. 40:55D-70), as amended and supplemented, shall
be deemed an action denying the application.
[Amended 3-25-1980 by Ord. No. 80-2; 4-9-1985 by Ord. No. 85-1]
[1]
Editor's Note: See N.J.S.A. 40:55D-32, 40:55D-34,
40:55D-62, 40:55D-63, 40:55D-17e, 40:55D-26a and b, and 40:55D-70d,
respectively.
G.
Minutes. Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the Board and of the persons appearing by attorney,
the action taken by the Board, the findings, if any, made by it and
reasons therefor. The minutes shall thereafter be made available for
public inspection during normal business hours at the office of the
Municipal Clerk. Any interested party shall have the right to compel
production of the minutes for use as evidence in any legal proceeding
concerning the subject matter of such minutes. Such interested party
may be charged a fee for reproduction of the minutes for his use as
provided for in the rules of the Board.
H.
Hearings.
(1)
Rules. The Planning Board and Zoning Board of Adjustment
may make rules governing the conduct of hearings before such bodies,
which rules shall not be inconsistent with the provisions of N.J.S.A
40:55D-1 et seq. or of this chapter. The approving authority may waive
the required notices and hearing for minor and exempt subdivisions
and minor and exempt site plans, except where a variance or conditional
use is part of the application.
[Amended 7-14-1981 by Ord. No. 81-11]
(2)
Oaths. The officer presiding at the hearing or such
person as he may designate shall have power to administer oaths or
issue subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses and documents presented
by the parties, and the provisions of the County and Municipal Investigations
Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
(3)
Testimony. The testimony of all witnesses relating
to an application for development shall be taken under oath or affirmation
by the presiding officer, and the right of cross-examination shall
be permitted to all interested parties through their attorneys, if
represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitation as to time and
number of witnesses.
(4)
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
(5)
Records. Each Board shall provide for the verbatim
recording of the proceedings by either stenographic, mechanical or
electronic means. The Board shall furnish a transcript or duplicate
recording in lieu thereof on request to any interested party at his
expense. The charge for a copy of the transcript shall not be more
than the maximum permitted in N.J.S.A. 2A:11-15,[3] and the transcript shall be certified in writing by the
transcriber to be accurate.
[Amended 7-14-1981 by Ord. No. 81-11]
[3]
Editor's Note: N.J.S.A 2A:11-15 was repealed
by L. 1991, c. 119, § 4, effective April 25, 1991.
I.
A member of a municipal agency who was absent for
one or more of the meetings at which a hearing was held shall be eligible
to vote on the matter upon which the hearing was conducted, notwithstanding
his absence from one or more of the meetings; provided, however, that
such Board Member has available to him the transcript or recording
of all of the hearing from which he was absent and certifies in writing
to the Board that he has read such transcript or listened to such
recording.
[Amended 3-25-1980 by Ord. No. 80-2]
J.
Before any approval by the Planning Board or Board
of Adjustment, such Board shall receive proof that no taxes or assessments
for local improvements are due or delinquent on the property for which
any application is made.
K.
Any member or alternate member of the Planning Board
or Board of Adjustment, except a Class I member, may, after public
hearing, if he requests one, be removed by the governing body for
cause.
[Added 7-14-1981 by Ord. No. 81-11]
[Amended 3-25-1980 by Ord. No. 80-2; 7-14-1981 by Ord. No. 81-11; 12-13-2000 by Ord. No.
2000-43]
Public notice of a hearing on an application
for development shall be given except for minor site plan applications,
minor subdivision applications, sketch plat applications for subdivisions
and site plans, final approval applications and extensions of time,
provided, further, that public notice shall be given in the event
that relief is requested by way of application for a variance or pursuant
to Section 63 of the Municipal Land Use Law (N.J.S.A. 40:55D-76) as
part of an application for development otherwise excepted herein from
public notice. Notice shall be given by the applicant for Planning
Board public hearings, work sessions and business meetings, and, in
the case of the Board of Adjustment, for public hearings. Applicants
without legal representation who are appearing before the Board of
Adjustment shall have their notice to the local newspaper provided
by the Township. Required notices to adjacent property owners shall
be provided by the applicant in all cases. Such public notice shall
follow the requirements of the Municipal Land Use Law as summarized
below:
A.
All notices shall state the date, time and place of
the hearing, the nature of the matters to be considered and an identification
of the property proposed for development by street addresses, if any,
or by reference to lot and block numbers and the location and times
at which any maps and documents are available for public inspection.
B.
All public hearing dates shall be set by the approving
authority. All notices shall be the responsibility of the applicant
and shall be given at least 10 days prior to the hearing date.
(1)
Public notice shall be given by publication in the
official newspaper of the municipality, if there is one, or in a newspaper
of general circulation in the municipality.
(2)
Notice of a hearing requiring public notice pursuant
to this section shall be given to the owners of all real property
as shown on the current tax duplicate located in the state and within
200 feet in all directions of the property which is the subject of
such hearing, provided that this requirement shall be deemed satisfied
by notice to the condominium association, in the case of any unit
owner whose unit has a unit above or below it, or the horizontal property
regime, in the case of any co-owner whose apartment has an apartment
above or below it. Notice shall be given by serving a copy thereof
on the property owner as shown in said current tax duplicate, or his
agent in charge of the property, or mailing a copy thereof by certified
mail to the property owner at his address as shown on said current
tax duplicate. Notice to a partnership owner may be made by service
upon any partner. Notice to a corporate owner may be made by service
upon its president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
Notice to a condominium association, horizontal property regime, community
trust or homeowners' association, because of its ownership of common
elements or areas located within 200 feet of the property which is
the subject of the hearing, may be made in the same manner as to a
corporation without further notice to unit owners, co-owners or homeowners
on account of such common elements or areas.
(3)
Upon the written request of an applicant, the administrative officer shall, within seven days, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to this section. In addition, the administrative officer shall include on the list the names, addresses and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to Subsection B(5)(d) of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list will not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name or $10, whichever is greater, shall be charged for such list.
[Amended 7-13-1993 by Ord. No. 93-25]
(4)
Notice of all hearings on applications for development
involving property located within 200 feet of an adjoining municipality
shall be given by personal service or certified mail to the Clerk
of such municipality.
(5)
Notice shall be given by personal service or certified
mail to:
(a)
The County Planning Board where the hearing
concerns a property adjacent to an existing county road or proposed
road shown on the Official County Map or on the County Master Plan
adjoining other county land or situated within 200 feet of a municipal
boundary.
(b)
The Commissioner of Transportation where the
hearing concerns a property adjacent to a state highway.
(c)
The Director of the Division of State and Regional
Planning where the hearing concerns a property which exceeds 150 acres
or exceeds 500 dwelling units, and the notice to the Director shall
include a copy of any maps or documents required to be on file with
the administrative officer.
C.
Any maps and documents submitted for approval shall
be on file and available for public inspection at least 10 days before
the hearing date during normal business hours in the office of the
administrative officer.
D.
The applicant shall file an affidavit of proof of
service with the municipal agency holding the hearing. Any notice
made by certified mail shall be deemed complete upon mailing.
E.
The approving authority shall provide for the verbatim
recording of the proceedings by either stenographic, mechanical or
electronic means.
F.
Decisions. The municipal agency shall include findings of fact and conclusions based thereon in each decision on any application for development and shall reduce the decision to writing. The municipal agency shall provide the findings and conclusions through a resolution adopted at a meeting held within the time period provided in the act for action by the municipal agency on the application for development or a memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to § 188-19F(4) of the regulations (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications. If the municipal agency fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorneys' fees, shall be assessed against the municipality.
[Amended 4-9-1985 by Ord. No. 85-1]
G.
A copy of the decision shall be mailed by the approving
authority within 10 days of the date of the decision to the applicant
or, if represented by an attorney, then to the attorney, and a copy
shall also be filed in the office of the administrative officer. A
brief notice of the decision shall also be published in the official
newspaper of the municipality, the publication of which shall be arranged
by the administrative officer. The period of time in which an appeal
of the decision may be made shall run from the first publication of
the decision.
[Added 7-13-1993 by Ord. No. 93-25]
A.
Notice of applications to public utilities, cable
television companies and local utilities.
(1)
Every public utility, cable television company and local utility interested in receiving notice pursuant to §188-20B(5)(d) may register with the Township in which the public utility, cable television company or local utility has a right-of-way or easement. The registration shall remain in effect until revoked by the public utility, cable television company or local utility or by its successor in interest.
(2)
The administrative officer of the Township shall adopt a registration form and shall maintain a record of all public utilities, cable television companies and local utilities which have registered with the municipality pursuant to Subsection A(1) hereinabove. The registration form shall include the name of the public utility, cable television company or local utility and the name, address and position to whom notice shall be forwarded, as required pursuant to § 188-20B(5)(d). The information contained therein shall be made available to any applicant.
B.
Notification requirements by administrative officer to public utilities. The administrative officer of the Township shall notify the corporate secretary of every local utility as defined in the Municipal Land Use Law that in order to receive notice by an applicant pursuant to § 188-20B(5)(d), the utility shall register with the township in which the utility has a right-of-way or easement.
These regulations shall not be construed as
abating any action now pending under or by virtue of prior existing
subdivision, site plan or zoning regulations or as discontinuing,
abating, modifying or altering any penalty accruing or about to accrue
or as affecting the liability of any person, firm or corporation or
as waiving any right of the Township under any section or provision
existing at the time of adoption of this chapter or as vacating or
annulling any rights obtained by any person, firm or corporation by
lawful action of the Township except as shall be expressly provided
for in this chapter.
[Amended 12-22-1981 by Ord. No. 81-21; 9-22-2009 by Ord. No. 2009-30]
A site plan approval is required for all developments,
except:
Where a street or public way serves as the zoning
district line and it is lawfully vacated, the former center line shall
be considered the zoning district line.
A.
In case any building or structure is erected, constructed,
altered, repaired, converted or maintained, or any building, structure
or land is used in violation of the Municipal Land Use Law (N.J.S.A.
40:55D-1 et seq.) or of any ordinance or other regulation made under
the authority conferred thereby, the proper local authorities of the
Township or an interested party, in addition to other remedies, may
institute any appropriate action or proceedings to prevent such unlawful
erection, construction, reconstruction, alteration, repair, conversion,
maintenance or use, to restrain, correct or abate such violation,
to prevent the occupancy of said building, structure or land, to prevent
any illegal act, conduct, business or use in or about such premises.
Any person convicted of such violations before a court of competent
jurisdiction shall be subject to a penalty not to exceed a fine of
$1,000 and/or a jail term not to exceed 90 days and/or community service
for a period not to exceed 90 days and where each day and every act
is considered a separate violation.
[Amended 3-25-2008 by Ord. No. 2008-12; 6-22-2010 by Ord. No. 2010-18]
B.
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 approval is required by ordinance pursuant to the Act, such
persons shall be subject to a penalty not to exceed $1,000 and each
lot disposition so made may be deemed a separate violation. In addition
to the foregoing, the Township may institute and maintain a civil
action:
(1)
For injunctive relief; and
(2)
To set aside and invalidate any conveyance made pursuant
to such a contract of sale if a certificate of compliance has not
been issued in accordance with N.J.S.A. 40:55D-56, but only if the
Township has a Planning Board and has adopted by ordinance standards
and procedures in accordance with N.J.S.A. 40:55D-38.
(3)
In any such action, the transferee, purchaser or grantee
shall be entitled to a lien upon the portion of the land, from which
the subdivision was made that remains in the possession of the developer
or his assigns or successors, to secure the return of any deposits
made or purchase price paid, and also, a reasonable search fee, survey
expense and title-closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years,
if unrecorded.
D.
Whenever it shall come to the attention of either
the Planning Board or the Board of Adjustment that action was taken
by such Board based upon fraud or misrepresentation by or on behalf
of the applicant as to a material fact, such Board shall have the
right to rescind its previous action and to order revocation of any
approval, permit or certificate theretofore granted upon such fraud
or misrepresentation. Such rescission and revocation shall remain
in effect unless and until such Board shall reinstate such approval
following a hearing thereon granted to the applicant within 10 days
of any requests therefor by the applicant. The rights of a rescission
and revocation set forth in this subsection shall be in addition to
the right to proceed under the other subsections of this section.
E.
Whenever any use in the I-1 or I-2 Light Industrial Districts or the GI General Industrial District shall fail or refuse to conform to conditions of site plan approval or shall fail or refuse to comply with the performance standards set forth in §§ 188-106F or 188-107G, the approving authority shall have the right to rescind its previous action and to order revocation of any approval, permit or certificate theretofore granted. Such rescission and revocation shall remain in effect unless and until the approving authority shall reinstate such approval following a hearing thereon granted to the applicant within 10 days of any request therefor by the applicant. The rights of rescission and revocation set forth in this subsection shall be in addition to the right to proceed under the other subsections of this section.
[Added 12-22-1981 by Ord. No. 81-21]