Township of Hillsborough, NJ Administrative Provisions

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]

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.

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.

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]

No member or alternate member of the Zoning Board of Adjustment may hold any elective office or position in the Township.

A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.

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]

Zoning Board of Adjustment authority.

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.

The Zoning Board of Adjustment shall have such powers as are granted by law to:

[Amended 7-14-1981 by Ord. No. 81-11]

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.

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.

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]

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]

If an application for development requests one or more variances but not a variance for a purpose enumerated in Subsection B(2)(d) of this section, the decision on the requested variance or variances shall be rendered under Subsection B(2)(c) of this section.

[Added 5-11-1993 by Ord. No. 93-11]

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.

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.

Time limit for decision.

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.

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.

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.

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]

See § 188-19, Provisions applicable to both the Zoning Board of Adjustment and the Planning Board.

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.

Adoption of rules; issuance of subpoenas.

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.

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]

Editor's Note: See N.J.S.A. 2A:67A-4 et seq.

Appeals and applications to Board of Adjustment.

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.

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.

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.

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.

Matters considered in reaching determinations; public disclosures.

The Board of Adjustment, in reaching a decision on any matter, shall consider only those facts made part of the record of the hearing.

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.

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.

§ 188-7 Compliance required.

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.

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.

Items listed on the Development Application Checklist[1] must be provided.

[Added 4-11-2006 by Ord. No. 2006-08]

Editor's Note: Said Checklist is included at the end of this chapter.

§ 188-8 Conditional approval.

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.

§ 188-9 Conditional use.

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.

§ 188-10 Enforcing officers.

It shall be the duty of the Municipal Engineer to enforce the provisions of subdivision and site plan approvals.

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.

§ 188-11 Power to grant exceptions.

[Amended 6-28-1988 by Ord. No. 88-10]

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.

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.

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.

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.

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.

Off-street parking lots may have the landscaping requirements reduced to one tree for every 25 parking spaces, and the curbing requirements shall be limited to concrete curbs. Belgian block curbs shall not be required. The other provisions of § 188-68D and H shall continue to apply.

Shade tree plantings and landscaping may be reduced, but not eliminated. The reductions shall be in either the quantity of plant material or, in the alternative, the same amount of planting as normally required but with less mature plant material. See §§ 188-38, 188-80 and 188-89.

Sidewalks shall be installed as set forth in § 188-81.

Street paving widths may be reduced in accordance with § 188-89P.

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.

§ 188-12 Divisions of land exempt from subdivision regulations.

[Amended 3-25-1980 by Ord. No. 80-2]

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:

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.

Divisions of property by testamentary or intestate provisions.

Divisions of property upon court order, including but not limited to judgments of foreclosure.

Consolidation of existing lots by deed or other recorded instrument.

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.

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.

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]

§ 188-13 Fees.

[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.

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.

Subdivision.

Informal review: no fee.

Minor subdivision, amended minor subdivision: $600.

Preliminary plat, amended preliminary plat:

Major: $2,000 plus $50 per lot for every lot over 15.

Farmland equity: $1 per acre, payable at the time a submission is made for farmland equity subdivision, plus payment of the fee set forth above at the time a submission is made for preliminary major subdivision.

Final plat, amended final plat: $1,000.

Request for reapproval or extension of time: $250.

Performance guarantees, inspection fees and maintenance guarantees shall be in addition to these filing fees and shall be as outlined in § 188-14, Guarantees and inspections, in this article.

Site plan.

Informal review: no fee.

Minor site plan, amended minor site plan: $250.

Preliminary major site plan, amended preliminary major site plan:

Residential: $1,000 plus:

From one to 10 units: $20, plus $15 per unit from 11 to 100 units, plus $8 per unit for 101 units or more.

Commercial/Industrial:

[Amended 3-10-2009 by Ord. No. 2009-06]

Up to 100,000 square feet of proposed floor area or area of disturbance: $2,500.

Over 100,000 square feet of proposed floor area or area of disturbance: $5,000.

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]

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.

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.

Request for reapproval or extension of time: $250.

Performance guarantees, inspection fees and maintenance guarantees shall be in addition to these filing fees and shall be as outlined in § 188-14, Guarantees and inspections, in this article.

Planned development.

General development plan (GDP): $100 + $10/du + $0.10 per square foot of nonresidential gross floor area.

Preliminary plat, amended preliminary plat:

Residential.

Four hundred dollars per unit from one to 10 units, plus $15 per unit from 11 to 100 units, plus $8 per unit from 101 to 500 units, plus $5 per unit from 501 to 1,000 units, plus $3 per unit for 1,000 units or more.

Minimum fee: $400.

Other uses.

[Amended 3-10-2009 by Ord. No. 2009-06]

Two hundred dollars per acre.

Minimum fee: $600.

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.

Final plat, amended final plat: 50% of the preliminary fee.

Request for reapproval or extension of time: $250.

Performance guarantees, inspection fees and maintenance guarantees shall be in addition to these filing fees and shall be as outlined in § 188-14, Guaranties and inspections, in this article.

Variances.

Hear and decide appeals (N.J.S.A. 40:55D-70a): $250.

Conditional use approval: $250.

Interpretations (N.J.S.A. 40:55D-70b): $250.

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.

Use or "d" variance.

Residential: $250 for up to 10 dwelling units; $25 per unit for greater than 10 units.

Other uses: $250 per acre.

Minimum: $250.

Building permit in conflict with the Official Map or building permit for a lot not related to a street: $250.

Request for reapproval or extension of time: $250.

Request for administrative approval of application changes: $250.

Other

Development permit (N.J.S.A. 40:55D:34 and 40:55D:35): $250.

Request for Master Plan amendment: $250.

Subdivision approval certificate: $50 per certificate.

Certificate of nonconformity (N.J.S.A. 40:55D-68): $50 per certificate.

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]

Court reporter.

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.

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.

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.

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.

GIS update fees on certain development applications.

Subdivision: minor, amended minor: $150.

Subdivision: preliminary major, amended preliminary major: $500, plus $15 per lot.

Subdivision: final plat, amended final: $500.

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.

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.

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]

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.

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]

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]

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:

Applicable escrows.

Subdivision.

Informal review:

Minor subdivision: no escrow. If professional review is requested: $2,000.

[ii]

Major subdivision: $2,000.

Minor subdivision: $1,000, plus $25 per lot.

Preliminary major plat: $1,500, plus $100 per lot.

Final plat: $750, plus $25 per lot.

Amended minor, amended preliminary major and/or amended final major subdivision plat: $400 per lot.

Request for reapproval or extension of time: $500.

Request for administrative approval of changes to plans: $300.

Site plan.

Informal review: no escrow. If professional review is requested: $2,000.

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.

Preliminary major site plan.

[i]

Residential: $750 per residential acre or part thereof, plus $6 per dwelling unit and $5 per square foot of site area being disturbed.

[ii]

Commercial/industrial: $750 per acre or part thereof, plus $0.10 per square foot of site area being disturbed and/or modified.

Final site plan: 25 percent of preliminary fee.

Amended minor, amended preliminary and/or final major site plan: 75% of original fee.

Review of sign waiver request: $500.

Request for reapproval or extension of time: $500.

[h]

Request for administrative approval of changes to plans: $300.

Planned development.

Informal review: $2,000.

General development plan (GDP): $7,500.

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.

Preliminary nonresidential plat: $750 per acre or part thereof, plus $0.10 per square foot of site area being disturbed.

Final plat: 50% of the escrow required for a preliminary plat.

Amended GDP, preliminary or final plat: 75% of original fee.

Request for reapproval or extension of time: $500.

[h]

Request for administrative approval of changes to plans: $300.

Other.

Appeals (N.J.S.A. 40:55D-70a): $1,000.

Interpretations (N.J.S.A. 40:55D-70b): $1,000.

Dimensional or "c" variance without site plan or subdivision: $1,000.

[Amended 2-24-2004 by Ord. No. 2004-03]

Use variance without site plan or subdivision: $1,000.

Development permit (N.J.S.A. 40:55D-34 and 40:55D-35): $500.

Conditional use without site plan or subdivision: $1,000.

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.

Review.

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:

The presence or absence of public water and/or sewer servicing the site.

Environmental considerations, including but not limited to geological, hydrological and ecological factors.

The traffic impact of the proposed development.

The impact of the proposed development on existing aquifer and/or water quality.

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.

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.

Billing procedures; vouchers; responsibilities of Chief Financial Officer.

[Amended 12-19-1995 by Ord. No. 95-47]

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]

Editor's Note: See N.J.S.A. 40: 55D-1 et seq., the Municipal Land Use Law.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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).

Actual fees and charges.

[Added 5-11-1993 by Ord. No. 93-11; 12-19-1995 by Ord. No. 95-47]

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.

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.

The fees or charges shall be based upon the following schedules:

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.

For all other outside consultants and professionals, the rates shall be established by resolution of the approving authority.

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]

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.

Editor's Note: See N.J.S.A. 40:55D-53.

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.

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.

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.

Any balances remaining in the deposit or escrow accounts, including interest in accordance with Section 1 of P.L. 1985, c. 315,[3] shall be refunded to the developer along with the final accounting.

Editor's Note: See N.J.S.A. 40:55D-53.1.

(10)

Miscellaneous.

[Added 12-19-1995 by Ord. No. 95-47]

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.

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.

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.

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.

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]

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]

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

The governing body, or its designee, shall within a reasonable period of time attempt to remediate any disputed charges.

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.

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.

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.

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.

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.

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.

§ 188-14 Guaranties and inspections.

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]

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]

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]

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]

Acceptance of guaranties.

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.

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.

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.

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.

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.

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.

Inspections and improvements.

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]

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.

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.

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.

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.

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.

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.

Owner-occupied (not part of a development) residential fee schedule for engineering review and inspections.

Construction of single-family dwelling: $225.

Addition to single-family dwelling: $100.

In-ground swimming pool: $175.

Driveway expansion/renovation: $100.

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.

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.

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]

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]

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]

Performance of work.

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.

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.

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.

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.

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.

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.

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]

Completion; building permits and certificates of occupancy.

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]

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.

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.

Minimum certifications.

[Amended 6-10-1986 by Ord. No. 86-6]

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.

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]

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]

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]

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.

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.

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]

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]

Completion of improvements.

[Amended 3-25-1980 by Ord. No. 80-2; 5-11-1993 by Ord. No. 93-11]

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.

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.

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.

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.

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.

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.

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]

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.

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:

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]

Maintenance guaranty.

[Amended 5-11-1993 by Ord. No. 93-11]

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.

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.

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]

§ 188-15 Inspections.

See § 188-14, Guaranties and inspections, in this article.

§ 188-16 Interpretation of provisions and district boundary lines.

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.

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.

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.

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.

§ 188-17 Permits; certificate of occupancy.

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.

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.

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.

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]

Editor's Note: For other certificate of occupancy fees, see Ch. 145, Construction Codes, Uniform.

§ 188-18 Planning Board.

[Amended 11-13-1979 by Ord. No. 79-17; 3-25-1980 by Ord. No. 80-2]

Establishment.

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:

Class I: the Mayor.

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.

Class III: a member of the governing body to be appointed by it.

Class IV: six other citizens of the municipality to be appointed by the Mayor.

Editor's Note: See N.J.S.A. 40:55D-23 et seq.

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]

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.

Terms.

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.

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.

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.

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.

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.

Authority.

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.)

Reviewing of applications.

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]

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.

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).

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.

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.

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.

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.

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]

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]

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]

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]

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.

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.

See § 188-19, Provisions applicable to both the Zoning Board of Adjustment and the Planning Board.

§ 188-19 Provisions applicable to both the Zoning Board of Adjustment and the Planning Board.

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.

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.

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.

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.

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]

Meetings.

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.

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.

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]

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]

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.

All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, P.L. 1975, c. 231.[2]

Editor's Note: See N.J.S.A. 10:4-6 et seq.

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.

Hearings.

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]

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.

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.

Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

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]

Editor's Note: N.J.S.A 2A:11-15 was repealed by L. 1991, c. 119, § 4, effective April 25, 1991.

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]

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.

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]

§ 188-20 Public hearings and notices.

[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:

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.

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.

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.

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.

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]

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.

Notice shall be given by personal service or certified mail to:

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.

The Commissioner of Transportation where the hearing concerns a property adjacent to a state highway.

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.

Any public utility, cable television company or local utility which possesses a right-of-way or easement within the municipality and which has registered with the municipality in accordance with § 188-21.

[Added 7-13-1993 by Ord. No. 93-25]

Notice pursuant to Subsection B(4) and (5) of this section shall not be deemed to be required unless public notice pursuant to the main paragraph of this § 188-20 shall be required.

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.

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.

The approving authority shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means.

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]

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.

§ 188-21 Notice of applications to public utilities, cable television companies and local utilities.

[Added 7-13-1993 by Ord. No. 93-25]

Notice of applications to public utilities, cable television companies and local utilities.

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.

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.

The Township hereby imposes a registration fee of $10 on any public utility, cable television company or local utility which registers to receive notice pursuant to Subsection A(1) hereinabove.

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.

§ 188-22 Saving provision.

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.

§ 188-23 Site plan approval required.

[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:

Single-family and two-family dwellings;

Accessory buildings to agricultural and horticultural uses; and

For an architectural element which meets the impervious coverage, building height and setback requirements.

§ 188-24 District line in case of vacated street.

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.

§ 188-25 Violations and penalties.

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]

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:

For injunctive relief; and

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.