Township of Holland, NJ General Provisions

Any maps and documents for which approval is sought at a hearing 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 Secretary of the Board (Land Use Board) before which the application is pending. Such Board Secretary is designated the administrative officer for this purpose as permitted by N.J.S.A. 40:55D-3 and 10b.

[Amended 7-7-2009 by Ord. No. 2009-15; 12-7-2021 by Ord. No. 2021-17]

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

Each decision on any application for development shall be reduced to writing as provided in this subsection and shall include the findings of facts and conclusions based thereon.

[Amended 4-15-1980 by Ord. No. 80-6]

[1]

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

Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.

Resolution or memorialization.

[Amended 4-15-1980 by Ord. No. 80-6]

The municipal agency may provide such written decision and findings and conclusions either on the date of the meeting at which the municipal agency takes to grant or deny approval or, if the meeting at which such action is taken occurs within the final 45 days of the applicable time period for rendering a decision on the application for development, within 45 days of such meeting by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the municipal agency thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above, notwithstanding the time at which such action occurs within the applicable time period for rendering a decision on the application.

The adoption of a resolution of memorialization pursuant to this subsection shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of the members of the municipal agency who voted for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the municipal agency and not to be an action of the municipal agency; except that failure to adopt such a resolution within the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.

Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings and publications required by Subsection D.

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.

All notices of hearings 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, as shown on the current tax duplicate in the Township Tax Assessor's office and the location and times at which any maps and documents, for which approval is sought, are available for public inspection.

All of the following notices shall be the responsibility of the applicant and shall be given at least 10 days prior to the hearing date established by the approving authority:

[Amended 4-15-1980 by Ord. No. 80-6]

Public notice of the hearing shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.

Notice of the hearing shall be given to the owners of all real property as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. This notice shall be given by either serving a copy thereof on the property owner as shown on the 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 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 Land Use 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.

[Amended 12-7-2021 by Ord. No. 2021-17]

The Commissioner of Transportation where the hearing concerns an application for development of 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.

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.

§ 100-146 Compliance.

All the provisions of Part 1, Zoning, shall be met at the time of the erection, enlargement, alteration, moving or change in use of the principal use and shall apply to the entire structure or structures whether or not the entire structure or structures were involved in the erection, enlargement, alteration, moving or change in use.

All developments which require subdivision or site plan approval 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.

§ 100-147 Fees.

[Amended 9-6-1977; 3-7-1978; 9-4-1979; 7-6-1982 by Ord. No. 82-13;3-20-1990 by Ord. No. 1990-4;2-7-1995 by Ord. No. 1995-1; 12-30-2008 by Ord. No. 2008-22]

Filing fees. The developer shall, at the time of filing a submission, pay the following filing fees, as established in Chapter 83, Fees, to the Township by certified check, bank money order or good check. Proposals involving more than one use shall pay a filing fee equaling the sum of the filing fees for the component elements of the plat or submission. Proposals requiring a combination of approvals, such as subdivision, site plan and/or variance, shall pay a filing fee equal to the sum of the filing fees for each element:

[Amended 7-6-2010 by Ord. No. 2010-12A

Informal (conceptual) review, which may be waived by the Land Use Board in the event of minimal discussion or consideration, and the fees so paid shall, as required by the Municipal Land Use Law, be a credit toward fees for review of an application involving the development.

[Amended 12-7-2021 by Ord. No. 2021-17]

Minor subdivision approval.

Major subdivision approval.

Preliminary plat.

Final plat.

Site plan approval.

Minor site plan approval.

Preliminary major site plan.

Final major site plan.

As to any application for site plan approval of a development involving a well or wells under the circumstances described in § 100-35H(2), (3) or (5) or § 100-73H(2), (3) or (5), a fee, in addition to the foregoing fee, shall be paid at the time the application for preliminary approval is submitted.

Variances, etc.

Hear and decide appeals, make interpretations and other matters under N.J.S.A. 40:55D-70, Subsection a or b.

Hardship or other Subsection c variance.

Use or other Subsection d variance.

Construction permit in conflict with Official Map or construction permit for lot not related to a street.

Conditional uses.

(7)

Appeal to Township Committee. Any appeal to the Township Committee shall be accompanied by a fee. The appellant shall arrange for the transcript, as provided by N.J.S.A. 40:55D-17, Subsection c, and 40:55D-10, the cost of the transcript to be paid by the appellant.

Review fees.

The filing fees hereinabove set forth are based upon normal services required for processing applications for development and include, among other expenses, the services of the approving authority secretary or clerk in handling the application. Such filing fees are not intended to cover the following costs (also hereinafter called "review costs"):

The costs of the technical reviews of the application by experts such as the Township Engineer, the Township planning consultant and any other professional experts and consultants whose review, study, research and reports and/or testimony are deemed necessary by the approving authority in order to assure compliance with applicable laws, ordinances, rules and regulations.

The charges of the approving authority attorney and costs of certified shorthand reporter taking down proceedings at approving authority meetings, associated with the review or processing of the application.

In addition to the foregoing filing fees, each applicant for development approval shall establish one or more escrow accounts with the Township to cover review costs associated with the review and processing of the application. A review fee, equivalent to the total of the review costs which are finally determined as hereinafter provided, is hereby established.

At the time of submitting an application for development and periodically thereafter, the applicant shall deposit to the escrow account the amounts hereinafter provided which are designed to cover the review fee, and shall execute an escrow agreement. The escrow agreement shall be in a form prescribed by the approving authority. All filing fees and the required initial escrow deposit must be paid prior to certification that the application is complete. In the event that the amounts required to be posted by this subsection are not sufficient to cover the review costs, the approving authority shall request additional escrow funds, in accordance with the procedure hereinafter set forth, which shall be paid by the applicant. The initial deposit to an escrow account for review costs shall be in an amount as established in Chapter 83, Fees, for the following:

[Amended 2-7-1995 by Ord. No. 1995-1; 12-30-2008 by Ord. No. 2008-22; 7-6-2010 by Ord. No. 2010-12A]

Informal (conceptual) review.

Minor subdivision approval.

Major subdivision, preliminary plat.

Major subdivision, final plat.

(e)

Conditional uses.

(f)

Minor site plan.

(g)

Preliminary major site plan.

(h)

Final major site plan.

(i)

Hearing on appeal pursuant to N.J.S.A. 40:55D-70, Subsection a or b.

(j)

Hardship or other Subsection c variance.

(k)

Use or other Subsection d variance.

(l)

Construction permit in conflict with Official Map or construction permit for lot not related to street.

The escrow deposit shall be utilized for review fees which are based upon the review costs. The professional services constituting the review costs shall be calculated in accordance with the actual time required for the review, study, research, report and/or testimony, at rates established by a schedule of professional fees adopted and from time to time amended by resolution of the Township Committee, when requested by the Land Use Board of the Township. This schedule shall be maintained in the office of the Township Clerk as well as the office of the administrative officer of the Township Land Use Board for public inspection.

[Amended 12-7-2021 by Ord. No. 2021-17]

The approving authority shall review all review costs to be assessed to an escrow account as determined in accordance with the aforementioned schedule of professional fees, as well as the need therefor. In making such review, the approving authority shall consider the following criteria as they apply to the particular application:

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

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

Traffic impact of the proposed development.

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

(e)

Changes in the application which require additional review.

(f)

Length of time of hearings and other meetings reasonably required to process the application.

(g)

Amount of time involved in the professional review and report and the reasonableness of the charges for such.

If the approving authority determines the costs are reasonable, such costs as so determined shall constitute part of the review fee, and the approving authority shall forward its determination to the Township Treasurer who shall withdraw such amount from the escrow account and pay over the same to the Township. All professionals, certified shorthand reporters and other persons engaged by any approving authority in connection with the application and whose services are to be paid from an escrow account shall submit vouchers for all fees and expenses for their services to the approving authority for approval, itemized by application, after which the voucher shall be forwarded to the Township Clerk and paid in the regular manner.

Inspection deposits.

The construction and final inspection escrow deposit (hereinafter called "inspection deposit") is intended to cover the cost of engineering inspection services by the Township Engineer required during the course of the construction of subdivision or site plan improvements. The inspection deposit shall be used to pay for these services from the commencement of construction (date of preconstruction conference shall be commencement of construction) until said improvements have been 100% completed and any required maintenance period has expired or, in the case of a subdivision, until all improvements have been 100% completed, the maintenance period has expired and any improvements to be accepted into the municipal system have been so accepted.

The initial inspection deposit shall be in amount calculated as established in Chapter 83, Fees.

The foregoing initial inspection deposit shall be paid to the Township (or provided for as stated below) at the following time:

[Amended 7-6-2010 by Ord. No. 2010-12A]

In all events, actually paid before the commencement of construction of the development for which the particular approval was given.

If said construction has not actually commenced by the time of said final approval, then either actually paid before final approval of the particular application for development; or included in the calculation of the performance guaranty cost estimate and a guaranty of the payment thereof prior to said construction included in the terms of the performance guaranty in which event the deposit shall actually be paid prior to the commencement of said construction.

Administration of escrow deposits. The provisions of this Subsection D shall apply to both review fees and inspection deposits.

Each escrow deposit shall be held in escrow by the Township in an account separate from the general funds of the Township and separate from any other such account. Review fees escrow deposits shall be in an account separate from inspection deposits. The account shall be in a banking institution or savings and loan association in this state, insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the state, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. All interest earned on any account shall be retained in the account until paid over as hereinafter provided.

The escrow deposit and account associated with each application shall be replenished whenever the original escrow deposit is reduced by payments and approved charges against the account to 35% or less of the original amount. The Township Treasurer, or the Treasurer or approving authority administrative officer in the case of a review fees escrow deposit, shall notify the applicant to replenish the escrow, and the applicant shall, upon request, deposit up to 100% of the original escrow account. In addition to all of the above, if the Township Treasurer or the Treasurer or said administrative officer in the case of a review fees escrow deposit, shall determine that the approved additional estimated cost exceeds any of the foregoing amounts, the Treasurer or administrative officer (as the case may be) shall require such additional amounts as shall be required to cover such expenses. No further consideration, review, processing or inspection shall be performed by or on behalf of the approving authority until the additional escrow has been paid.

In the event that the applicant believes any amount charged or to be charged to his escrow deposit is unreasonable, the applicant may file a written objection with respect thereto with the administrative officer in the case of a review fees escrow deposit or with the Township Treasurer in the case of a inspection deposit, in which event a detailed explanation of the review costs or inspection costs (as the case may be) so charged or to be charged will be provided for the applicant. If the applicant was sent written notice that such amount was so charged or would be so charged, he shall file such written objection within 10 days after such written notice was sent to him. The applicant may, within five days after the administrative officer or Treasurer forwards such detailed statement, request (by notice in writing received by the approved authority secretary or clerk in the case of a review fees escrow deposit or by the Township Treasurer in the case of an inspection deposit) that a hearing to be held by the approving authority in the case of a review fees escrow deposit or by the Township Committee in the case of an inspection deposit, on notice to the applicant and the approving authority or Township Committee, to review the propriety of the payment from the escrow account. The applicant may also, in the case of a review fees escrow deposit, within 10 days after the decision of the approving authority following the hearing, appeal its decision to the Township Committee by written notice of appeal received within such time by the Township Clerk. The appellant shall provide the Township Committee with that portion of the transcript of the Land Use Boardt hearing on the matter, at the appellant's cost, and the appeal shall be on the record made before the Board.

[Amended 12-7-2021 by Ord. No. 2021-17]

The approving authority or Township Committee shall hold any hearing it conducts (as provided for above in this subsection) within 30 days of receiving the request for such hearing. A decision of the reviewing body, following such hearing shall be embodied in a resolution containing findings of fact and conclusions. The Township Committee, when acting as an appellant body from a decision of the approving authority, may affirm or alter the approving authority's decision.

If any review fees escrow amount is unexpended upon final and unconditional approval (or denial), said amount shall be returned to the applicant or, at the developer's request, applied to the next phase. If any inspection deposit amount is unexpended after the expiration of the time period described at the end of Subsection C(1) of this section, said amount shall be returned to the developer.

The Township Treasurer shall pay to the applicant at the termination of the escrow account 2/3 of the interest earned on any such account where the amount(s) deposited into the account (exclusive of interest) exceeds $5,000 with the remaining 1/3 of such interest being paid over to the Township. The Township shall retain all interest earned on an escrow account where the amount(s) deposited into the account (exclusive of interest) do not exceed $5,000. After the completion of the review of an application for development by the approving authority, whether preliminary or final, or upon the withdrawal of an application (or the conclusion of the informal discussion if the deposit was made for that purpose and is not to be credited toward an application for development), and after all review costs have been paid from the escrow account for such application, the Township Treasurer shall refund to the applicant all deposit moneys remaining in the account together with the interest, if any, which the applicant is entitled to receive. After the interest which the Township is entitled to receive is paid over to the Township, the escrow account shall be terminated.

Payment of fees required. All permits, determinations, resolutions or certificates of approval are subject to the payment of all required fees, including the filing fee(s) stated above and the review fee (which is the aggregate of the finally determined review costs). No application shall be deemed complete until the required filing fee(s) and the required initial escrow deposit amounts have been paid to the Township. The full payment of the proper filing fee(s), the review fee(s) as finally determined, any fees required under §§ 100-147.1 and 100-147.2 and (where appropriate to the particular application) the construction and final escrow deposits are required conditions for the approval of an application for development, and action to approve such application shall not be taken until such full payment has been made.

§ 100-147.1 Witnessing fees.

[Added 3-20-1990 by Ord. No. 1990-4; amended 9-6-2005 by Ord. No. 2005-11; 7-6-2010 by Ord. No. 2010-12A]

For proposed lots for which an application for development is made and percolation tests are involved, a witnessing fee, as established in Chapter 83, Fees, shall be paid to cover the cost of observation and review of the percolation test; provided, however, that where observation of percolation tests on any lot exceeds one day's time, the additional fee for such lot to cover the cost of observation and review of such percolation test shall be as established in Chapter 83, Fees, per day of such observation.

§ 100-147.2 Special meeting.

[Added 3-20-1990 by Ord. No. 1990-4; amended 7-6-2010 by Ord. No. 2010-12A]

An applicant for approval of an application may request a special meeting. The approving authority may schedule such special meeting(s) at the date and time convenient to the applicant, the approving authority and the public. There shall be paid to the Township, prior to the meeting, a nonrefundable special meeting fee, as established in Chapter 83, Fees. In addition, the administrative officer may require an additional escrow deposit, as established in Chapter 83, Fees, for each special meeting.

§ 100-148 Conditional approval.

[Amended 12-7-2021 by Ord. No. 2021-17]

The applicant has the duty of compliance with reasonable conditions, consistent with law, laid down by the approving authority for design, dedication improvements and the use of the land. Where the County Land Use Board review on approval is required of a subdivision or site plan, the approving authority shall condition any approval it grants upon either timely receipt of a favorable and unconditional report by the County Land Use Board or approval by the County Land Use 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.

§ 100-149 Powers of approving authority.

[Amended 4-4-1984 by Ord. No. 84-3]

The approving authority, when acting upon applications for approval of subdivisions and site plans, shall have the power, on written request from the applicant, to:

Grant such exceptions from Article XXIII, Design and Performance Standards, of this Part 2 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 Part 2 is impracticable or will exact undue hardship because of peculiar conditions; and

Waive requirements for the submission of information required by applicable provisions of this Part 2 and Part 1, Zoning, to be submitted on or with a plat required for such approval where sufficient credible evidence is supplied to the approving authority to support a conclusion by it that the proposed development will have no, or a negligible, impact or effect in the area where such information would be so required and that the proposed development can be adequately evaluated without such information.

The approving authority shall have the power to review and approve or deny conditional uses or site plans simultaneously with a review for subdivision approval without being required to hold further hearings. The longest time period for action by the approving authority, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer in conjunction with a site plan or subdivision, notice of the hearing on the plat shall include reference to the request for such conditional use.

§ 100-150 Use variance applications.

[Amended 12-7-2021 by Ord. No. 2021-17]

Any appeal for a variance to allow a structure or use in a district restricted against such structure or use shall have three copies of all supporting documents and the application filed with the administrative officer. One copy shall be forwarded to the Land Use Board by the administrative officer together with a notice of the hearing date. The Land Use Board shall review the material and may make recommendations to the Land Use Boardt at the public hearing on the application. The Land Use Board's recommendations may contain, among other things, the Land Use Board's opinion as to the compatibility of the proposal to the Master Plan; applications which may have been or are currently being processed by the Land Use Board for similar uses elsewhere in the Township; land use, traffic and other data relevant to the application which the Land Use Board has in its files; and what conditions, if any, the Land Use Board would recommend be imposed on the applicant to improve compatibility with the Master Plan and Part 1, Zoning, should the Land Use Board grant the variance.

§ 100-151 Guaranties and inspections.

No final plat shall be approved by the approving authority until all improvements (on-site, off-site and off-tract) for which a bond is required in the public interest have been installed, inspected and certified as approved and conforming to the requirements of this Part 2 and any other applicable law and the conditions of preliminary approval by the Municipal Engineer and the approving authority, and a maintenance guaranty has been filed and accepted by the governing body in accordance with the requirements of this section, or their installation shall have been provided for by a performance guaranty accepted and approved by the governing body in accordance with the requirements of this section. 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. The performance guaranty cost estimate shall be based on the cost of installation of all improvements required for final approval or for the issuance of a zoning permit, as the case may be, except that for off-tract improvements, the performance guaranty cost estimate shall be calculated as provided in § 100-180C of this Part 2 and otherwise as provided in this section. In calculating such estimate, allowance shall be made for the cost of any prevailing wage determined pursuant to state or federal law if such wage would have to be paid by the Township or a party under contract with it were the Township to install the improvements on default of the obligor on the guaranty. The performance guaranty cost estimate shall take account of improvements installed prior to application for approval that do not meet the standards of this Part 2 or other regulations. With regard to subdivisions where excess excavated material will be exported to an off-site disposal area, or where borrow material will be imported from an off-site source, the cost of such exporting and importing shall also be included in the performance guaranty cost estimate.

[Amended 4-15-1980 by Ord. No. 80-6; 9-2-2008 by Ord. No. 2008-16]

A performance guaranty cost estimate shall be submitted to the approving authority by the Municipal Engineer as part of his report on preliminary and final plat review. The approving authority may request the Municipal Engineer to review and update this estimate from time to time as required.

The proposed performance guaranty required for final plat approval shall be submitted to the Municipal Engineer and municipal authority for recommendations as to accuracy and form and them to the governing body for approval and acceptance by resolution.

The portion of the performance guaranty consisting of cash or certified check shall be deposited with the Township by payment to the Township Treasurer. The Township Treasurer shall issue a receipt for such deposits and shall retain the deposits as security for completion of all requirements, to be returned to the developer on 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 are not completed or corrected in accordance with the performance guaranty and the standards of the Township within the stipulated time, but no longer than two years, the obligor and surety for any bond shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected, and, upon authorization by the governing body, the Township Attorney shall take the necessary steps to obtain such cost from the obligor and surety. The Township may, either prior to or after receipt of the proceeds of the performance guaranty, complete such improvements.

The total performance guaranty shall equal 120% of the performance guaranty cost estimate and shall include a time limit, not to exceed two years, for the proper and complete installation of the improvements for which the guaranty is given. Ninety percent of this total shall be in either cash, certified check or surety bond as specified above. The remaining 10% shall be in cash and shall be paid in like manner and under the same conditions as the security aforesaid. In the event of default, the ten-percent cash fund herein mentioned shall be first applied to the completion of the requirements, and the additional cash, certified check or surety bond shall thereafter be resorted to, if necessary, for the completion of the requirements. The surety bond or document submitted and approved with the cash or certified check may recite the foregoing provision. The Municipal Engineer's certification that the principal has satisfactorily installed or has defaulted in meeting the required standards of construction shall be the basis for governing body action which accepts or rejects the improvements, withholds approval or extends the time allowed for installation of the improvements.

The Township Clerk shall immediately notify the approving authority and the Municipal Engineer when the performance guaranty has been approved and accepted by the governing body.

Prior to beginning construction, the developer shall arrange for a preconstruction conference between the developer, contractor and Municipal Engineer. All improvements and utility installations shall be inspected during the time of their installation by the Municipal Engineer or his representative to ascertain satisfactory completion. The Municipal Engineer shall be notified by the developer five days in advance of the start of construction. The cost of said inspection shall be the responsibility of the developer. The developer shall deposit with the Township, for all reasonable inspection fees to be paid to the Township Engineer for the inspection of improvements, a certified check or bank money order to the Township Clerk in the amount stated below. This deposit shall be in addition to the amount of the performance guaranty, and all application fees and shall be computed as follows:

[Amended 4-15-1980 by Ord. No. 80-6]

The construction inspection fee deposit is to be calculated from the tabulation as established in Chapter 83, Fees, based on the estimated cost of constructing the improvements (calculated in the same manner as a performance guarantee cost estimate). Which estimate is to be prepared and submitted by the applicant's engineer, and approved by the Municipal Engineer, with the concurrence of the approving authority.

[Amended 7-6-2010 by Ord. No. 2010-12A]

Improvement costs, as estimated in this section, shall include construction and installation costs of grading, pavement, surveyor's monuments, drainage structures, storm sewers, sanitary sewers and other means of sewage disposal and facilities, water mains, fire-protection features, streets, gutters, curbs, culverts, streetlighting, shade trees, parking areas, landscaping, street signs, erosion-control and sedimentation-control devices, public improvements of open space and other on-tract improvements and a portion, or all, of the cost of off-tract improvements corresponding to that portion, or all, of the cost thereof as to which a performance guaranty cost estimate is calculated under § 100-180C of this Part 2.

The deposit shall be utilized to reimburse the Township for all reasonable inspection fees billed by the Municipal Engineer for the inspection of improvements. Prior to the utilization of any of such deposit for the reimbursement of such fees, the developer shall be notified in writing by the Township Clerk. If the developer objects to the amount of such fees as unreasonable, he shall notify the Clerk in writing of such objection within 10 days of the giving of such notice, otherwise he shall be deemed to have waived any right to object to the amount of such fees. In the event that the developer objects as aforesaid, his objections shall be heard by the governing body.

Any of the aforesaid deposit not required for the reimbursement of such inspection fees, following the completion of the inspection of such improvements, shall be returned to the developer. The developer shall reimburse the Township, however, for the amount of such reasonable inspection fees over and above the amount of the deposit.

A representative of the Municipal Engineer's office may, at the option of the Municipal Engineer, be present at the time all work is performed. No underground or undersurface installation shall be covered until inspected and approved. The Municipal Engineer's office shall be notified after each of the following phases of the work has been completed so that he may inspect the work, road subgrade; curb and gutter forms, curbs and gutters; road paving (after each coat in the case of priming and scaling); drainage pipes and other drainage structures before backfilling; shade trees and planting strips; street name signs; and monuments.

When improvements (on-site, off-site and off-tract) have been required to be made in conjunction with the approval of a development under this Part 2, no construction permit and no certificate of occupancy shall be issued for any dwelling or other structure designed or to be used for human habitation or occupancy in such development and no such dwelling or other structure shall be occupied or used until all such required improvements serving such dwelling or other structure, including but not limited to streets in the development (including the surface course of paving) which lead from the dwelling or other structure to existing public streets and all drainage facilities which would handle drainage from such dwelling or other structure, have been constructed or installed, inspected and certified as approved and conforming to the requirements of this Part 2 and any other applicable law. Notwithstanding the foregoing, shade trees need not be planted until all grading and earthmoving is completed, and seeding of grass areas shall be the final operation.

[Amended 3-27-1979;11-15-2005 by Ord. No. 2005-13]

Inspection by the Municipal Engineer of the installation of improvements and utilities shall not subject the municipality 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, is not upon the Municipal Engineer.

After completing the construction of the improvements covered by the performance guaranty, the subdivider's engineer shall prepare two sets of plans of the improvements and utility plans and the profiles amended to read "as constructed," which shall be submitted to the governing body. Upon substantial completion of all required utility improvements, and the connection of the same to any public system, the obligor may notify the governing body in writing, by certified mail, addressed in care of the Township Clerk, of the completion or substantial completion of said improvements and shall send a copy of such notification to the Municipal Engineer. Thereupon, the Municipal Engineer shall inspect all of the improvements of which such notice has been given and shall, within 30 days of completing the inspection, report in writing to the governing body indicating either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.

[Amended 4-15-1980 by Ord. No. 80-6]

The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Municipal Engineer and shall notify the obligor in writing, by certified mail, of the content of said report and the action of said approving authority with relation thereto no later than 65 days after receipt of the required notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability, pursuant to such performance guaranty for such improvements.

[Amended 4-15-1980 by Ord. No. 80-6]

If any portion of the required improvements is rejected, the approving authority may require the obligor to complete such improvements and, upon completion, the same procedure of notification as set forth in this section shall be followed.

The approval of any plat under this Part 2 by the approving authority shall in no way be construed as acceptance of any street, drainage system or other improvement required by this Part 2, nor shall such plat approved 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 specific and appropriate action by the governing body.

The amount of any performance guaranty may be reduced by the governing body, by resolution, when particular items of the improvements have been certified by the Municipal Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the governing body 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 installation as determined as of the time of the passage of the resolution.

[Amended 4-15-1980 by Ord. No. 80-6]

Maintenance guaranty. No improvement shall be accepted by the governing body unless and until all of the following conditions have been met:

The Municipal Engineer shall have certified in writing that all the improvements are complete and that they comply fully with the requirements of this Part 2 and of other applicable law.

Except where waived as hereinafter provided, a maintenance guaranty has been posted with the governing body for a period of two years after final acceptance of the improvement in the amount equal to 15% of the cost of improvement. The requirement for a maintenance guaranty may be waived by the approving authority as to particular or all improvements where the Township Engineer has certified that such improvements have been in continuous use for such period of time, not less than one year from the date of Township Engineer has certified the completion of such improvements to the approving authority, as gives assurance that such maintenance guaranty can be waived and that such improvements have been maintained during such period in a satisfactory manner.

Proviso. Notwithstanding the foregoing, in the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the municipality for such utilities or improvements.

§ 100-152 Site plan approval required.

[Amended 6-18-1991 by Ord. No. 1991-6]

A site plan approval, where required under Part 1 of this chapter, is to be obtained in conformity to the provisions of this Part 2. Such site plan approval is to be obtained for all development, any part of which is within this Township, which does not meet the definition of an exempt site plan as set forth in § 100-125. Site plan approval shall be required in any instance where a projected water supply demand in excess of 25 gallons per day is involved (whether the same is projected to be demanded either in a structure or outside, as, for example, for watering vegetation, and whether or not there is a new principal use involved or an increase in water usage projected in connection with a preexisting use) and the principal use in connection with which the water supply demand is projected is not a use which is specifically exempted from the requirement of site plan approval by Part 1 of this chapter. Where site plan approval is required, final site plan approval shall be obtained prior to the issuance of a building permit, industrial use permit or a zoning permit for the development.

§ 100-153 Subdivision approval required.

Subdivision approval under this Part 2 is required for any subdivision comprising or including land or premises within this Township. No subdivision plat comprising or including any land within this Township shall be filed, and no deed describing subdivided land within this Township shall be recorded, with the County Recording Officer, until after required final subdivision approval has been obtained.

§ 100-154 Conditional uses.

Before any permit shall be issued for a conditional use, applications shall be made to the approving authority. The approving authority 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, the approving authority shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application. Failure of the approving authority to act within the required time period shall constitute approval of the application. In reviewing the conditional use application, the approving authority shall review the number of employees or users of the property and requirements of Part 1, Zoning, 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 shall conduct a public hearing on the application. The use for which a conditional use is granted shall be deemed to be a permitted use in its respective district, 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.

Prior to making its decision, the approving authority 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, the approving authority may condition the relief granted on the obtaining of a building permit or zoning permit, within one year or other reasonable time specified thereafter.

§ 100-155 Appeal.

[Amended 4-15-1980 by Ord. No. 80-6; 9-15-1987 by Ord. No. 1987-8; 12-7-2021 by Ord. No. 2021-17]

Any interested party may appeal to the governing body any final decision of a Land Use Board approving an application for a variance granted pursuant to N.J.S.A. 40:55D-70d. Such appeal shall be made within 10 days of the date of publication of such final decision. The appeal to the governing body shall be made by serving the Township Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and name and address of his attorney, if represented. Such appeal shall be decided by the governing body only upon the record established before the Land Use Board.

§ 100-156 Site Plan Review Advisory Board.

A Site Plan Review Advisory Board may be created with membership of one or more persons appointed by the Mayor for the purpose of making recommendations to the approving authority in regard to site plans; it shall have no power to vote or take other action required of the approving authority.

§ 100-156.1 Historic Preservation Commission.

[Added 11-8-1989 by Ord. No. 1989-11]

There is hereby established an Historic Preservation Commission for the Township, pursuant to N.J.S.A. 40:55D-107 et seq.

The Historic Preservation Commission shall consist of five regular and two alternate members.

Each member of the Historic Preservation Commission shall qualify as a Class A, Class B or Class C member as set forth below, and the Historic Preservation Commission shall include at least one regular member in each of the following classes:

Class A: persons who are knowledgeable in building design and construction or architectural history and who may reside either within or outside the Township.

Class B: persons who are knowledgeable of, or with a demonstrated interest in, local history and who may reside inside or outside the Township.

Class C: persons who are citizens of the Township and who are not designated as Class A or B and who hold no other municipal office, position or employment except for membership on the Land Use Board.

[Amended 12-7-2021 by Ord. No. 2021-17]

Alternate members shall meet the qualifications of Class C members.

The Mayor shall appoint all members of the Commission and shall designate at the time of appointment the regular members by class and the alternate members as "Alternate No. 1" and "Alternate No. 2."

The terms of the members first appointed under this section shall be so determined that, to the greatest practicable extent, the expiration of their terms shall be distributed, in the case of regular members, evenly over the first four years after their appointment, and in the case of alternate members, evenly over the first two years after their appointment, provided that the initial term of no regular member shall exceed four years and that the initial term of no alternate member shall exceed two years. Thereafter, the term of a regular member shall be four years, and the term of an alternate member shall be two years.

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

Notwithstanding any other provision herein, the term of any member common to the Historic Preservation Commission and the Land Use Board shall be for the term of membership on the Land Use Board; and the term of any member common to the Historic Preservation Commission and the Land Use Board shall be for the term of membership on the Land Use Board.

[Amended 12-7-2021 by Ord. No. 2021-17]

The Historic Preservation Commission shall elect a Chairman and Vice Chairman from its members and select a Secretary, who may or may not be a member of the Historic Preservation Commission or a Township employee.

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 vote. A quorum shall consist of three members of the Commission.

No member of the Historic Preservation Commission shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.

A member of the Historic Preservation Commission may, after public hearing if he requests it, be removed by the governing body for cause.

The Historic Preservation Commission shall have the responsibility to:

Prepare a survey of historic sites of the Township pursuant to criteria identified in the survey report.

Make recommendations to the Land Use Board on the historic preservation plan element of the Master Plan and on the implications for preservation of historic sites of any other Master Plan elements.

[Amended 12-7-2021 by Ord. No. 2021-17]

Advise the Land Use Board on the inclusion of historic sites in the recommended capital improvement program.

[Amended 12-7-2021 by Ord. No. 2021-17]

In the event that a historic zoning district or districts, or historic site or sites, is designated on the Zoning or Official Map of the Township or in any component element of the Township's Master Plan.

Advise the Land Use Board on applications for development pursuant to N.J.S.A. 40:55D-110; and

[Amended 12-7-2021 by Ord. No. 2021-17]

Provide written reports pursuant to N.J.S.A. 40:55D-111 on the application of Part 1, Zoning, provisions concerning historic preservation.

Carry out such other advisory, educational and informational functions as will promote historic preservation in the Township.

The Township Committee shall make provision in its budget and appropriate funds for the expenses of the Historic Preservation Commission.

The Historic Preservation Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary. The Commission shall obtain its legal counsel from the Township Attorney at the rate of compensation determined by the Township Committee. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts and grants, the amount appropriated by the Township Committee for the Commission's use.

§ 100-157 Enforcing officer.

[Amended 3-6-1979]

The provisions of this Part 2 shall be enforced by the Development Regulations Officer, who shall be appointed by the Township Committee for a one year term.

§ 100-158 Interpretation of provisions.

The provisions of this Part 2 shall be held to be minimum requirements. Where this Part 2 establishes both 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 any provision of this Part 2 imposes restrictions different from those imposed by any other provision of this Part 2 or any other ordinance, rule or regulation or other provision of law, whichever provisions are most restrictive or impose the highest standards shall control.

§ 100-159 Conformance required.

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 Part 2 in accordance with plat approvals and the issuance of required permits.

§ 100-160 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 this Part 2 or any regulation made under authority conferred hereby, the proper local authorities of the Township or any 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; or to prevent any illegal act, conduct, business or use in or about such premises.

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, with an owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this Part 2, 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 municipality has a Land Use Board and had adopted by ordinance standards and procedures in accordance with N.J.S.A. 40:55D-38.

[Amended 12-7-2021 by Ord. No. 2021-17]

Any person, firm or corporation violating any provision of this Part 2 (except for a violation of the sort described in Subsection B of this section) shall be punished by a fine of not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both; and each day that such violation continues shall constitute a separate offense.

§ 100-161 Lots on driftways.

[Added 9-5-1978; amended 5-4-1982 by Ord. No. 82-9; 7-6-1982 by Ord. No. 82-14]

Where an application for subdivision approval involves a lot fronting on a driftway as permitted by the section of Part 1, Zoning, entitled "Lots fronting on driftways,[1]" minor subdivision or final major subdivision approval may be granted only after the following have been complied with:

Proof, by deed or otherwise, satisfactory to the approving authority, has been submitted that the driftway (fulfilling the definition of "driftway" in this Part 2) existed prior to March 7, 1953, and continued to exist as such (fulfilling such definition) since that time, and also proof in the form of a document which is recorded or suitable for recording that the owner of the proposed lot, or owner of that lot and other lots using or having the right to use such driftway, assumes full responsibility for the maintenance of that portion of the driftway between the proposed lots and the public road and has an obligation to maintain such portion of the driftway in good and substantial condition and repair.

Proof, satisfactory to the approving authority attorney [which shall generally be in the form of a title insurance commitment issued to the owner(s) of the lots to be subdivided] has been submitted to the approving authority establishing specifically that the owner(s) of all lots to be subdivided, using such driftway for ingress and egress to and from such lots and a public street, have a right, title and interest which is marketable and also insurable, by a title insurance company licensed to do business in New Jersey, to do the following:

Use such driftway for motor vehicle traffic, including emergency vehicles, to a width of at least 40 feet between such lots and a public street.

Make improvements to such driftway as required by this Part 2 for the subdivision.

Erect and maintain at the junction of such driftway and the public street a sign stating that such driftway is a private road.

The right of ingress and egress over such driftway to and from the proposed lot(s) and a public street is incorporated in a deed(s) to such lot(s), and there is also incorporated in such deed(s) a statement, satisfactory to the approving authority, to the effect that such driftway is a private and not a public street that there is no responsibility of the Township to accept or maintain the driftway as such. There shall also be submitted to the approving authority proof that, as to all lands, other than the proposed lot(s), which would be crossed for ingress and egress between such proposed lot(s) and a public street and on which any driftway improvement, required for subdivision hereunder, would be constructed, there already exists and has been recorded an instrument granting the owner(s) of the proposed lots the rights described in Subsection A(2)(a), (b) and (c) above, or that in connection with the proposed subdivision, the applicant has obtained such instruments that they are in recordable form, duly executed and acknowledged, and will be recorded as a condition of the subdivision approval.

Any proposed lot, including so-called remaining lands of any applicant for development, shall have a lot area of at least five acres and a continuous frontage along said driftway of at least 500 feet.

All of the driftway used or to be used as access to the proposed lots, including any so-called remaining lands, from its junction with a public street to any such proposed lot and any adjacent lands necessary to accommodate the improvement shall be improved, or an adequate performance guaranty as otherwise required by this Part 2 shall be furnished by the Township for its improvement, as follows:

The traveled way, which is also sometimes hereinafter referred to as the road or roadway, shall be a minimum of 18 feet in width with a crown of three inches and shall be a minimum depth of eight inches of stone or light gravel on a graded and compacted subgrade. A graded shoulder of a minimum width of two feet and slope of 3% shall be provided along both sides of the road. Drainage shall be carried along the road either within parabolic swales or along the shoulder line unless existing drainageways are acceptable from a flow capacity and soil erosion standpoint. Roadside cut or fill slopes shall not exceed one vertical to three horizontal unless such existing slopes have no evident erosion potential. Where it is deemed necessary by the Township Engineer due to the conditions, topography or course of the driftway and prospective traffic over it, a cul-de-sac may be required at the terminus of the driftway improvements with a right-of-way radius of at least 60 feet and a roadway radius of at least 50 feet.

[Amended 7-6-1982]

Where required, parabolic swales shall be provided along the road and shall be in accordance with criteria established for storm sewers under the ordinance of the Township governing stormwater runoff.[2] They shall be of such width and depth which will control flow velocities so that the maximum permissible flow velocity for the given type of soil will not be exceeded. All swales shall be stabilized with pegged sod placed in the center of the swale at a width which will carry a five-year-frequency design storm, except that a two-foot minimum width of sod shall be required. Swales may not be required along the downhill side of roads if it can be demonstrated that no adverse conditions will result due to runoff from the roadway. Where swales are required along the downhill side, they shall be properly bermed to prevent concentrated runoff from entering the lots. In cases where grades are less than 5% and where roadside flows do not exceed five cubic feet per second for a fifteen-year-frequency design storm, the runoff may be carried along the shoulder line, provided that the shoulder width is increased to five feet minimum.

[2]

Editor's Note: See Part 3, Stormwater Management, of this chapter.

All disturbed areas (shoulders, swales, roadside slopes, etc.) shall receive the following: Kentucky bluegrass, 21 pounds per acre; Kentucky 31 fescue, 67 pounds per acre; Creeping Red fescue, 25 pounds per acre; Redtop six pounds per acre; inert: four pounds per acre; limestone: 4,000 pounds per acre; fertilizer (10-10-10): 600 pounds per acre; and mulching either with unrotted straw or salt hay: 1 1/2 to two tons per acre or with hydroseeding method using wood or paper fibre mulch: 1,500 pounds per acre.