A.
B.
The Board shall review the application along with
reports required from any officials or agencies.
C.
The Board shall grant or deny the application within the times of submission of a complete application prescribed in § 415-62 above or within such further time as may be consented to by the applicant.
D.
Failure of the Board to act within the period prescribed
shall constitute approval, and a certificate of the Borough Clerk
as to the failure of the Board 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. The applicant shall be notified of the Board's action within
one week of its action.
E.
Whenever review or approval of an application by the
County Planning Board is required, the Board shall condition any approval
that it grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time period.
F.
Before the Secretary of the Board returns any approved
application to an applicant, the applicant shall have sufficient copies
made to furnish one copy to each of the following:
Prior to subdividing or resubdividing land within the Borough, an application shall be filed in accordance with § 415-61 and shall contain all data and information prescribed in § 415-69.
A.
The Board shall classify the application as either a minor or major subdivision. If classified as a minor subdivision and approved by the Board, the plat shall be signed by the Chairman and Secretary of the Board. One copy of the signed plat shall be returned to the applicant within one week following the Board meeting at which approval is granted. No further Board approval shall be required. In classifying a plat as a minor subdivision, the Board may impose such terms and conditions as are reasonable and within the intent of this chapter, including provision for improvements pursuant to Article XI.
B.
Classification as a minor subdivision shall expire
190 days from the date of approval unless within such period a plat
in conformity with such approval and the provisions of the Map Filing
Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly
describing the minor subdivision is filed by the developer with the
County Recording Officer, the Borough Engineer and the Borough Tax
Assessor. Any such plat or deed accepted for such filing shall have
been signed by the Chairman and Secretary of the Board. In reviewing
the application for a minor subdivision, the Board shall be permitted
to accept a plat not in conformity with the Map Filing Law, P.L. 1960,
c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided that, if the developer
chooses to file the minor subdivision as provided herein by plat rather
than deed, such plat shall conform to the provisions of said act.
C.
The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which the minor subdivision
is granted shall not be changed for a period of two years after the
date of minor subdivision approval, provided that said minor subdivision
shall have been duly recorded as provided in this article.
D.
The Board may extend the one-hundred-ninety-day period
for filing of a minor subdivision, if the applicant proves to the
reasonable satisfaction of the Board that he has been barred or prevented,
directly or indirectly, from filing because of delays in obtaining
legally required approvals from other governmental entities and that
he has diligently applied for and pursued the approvals. The length
of the extension shall be equal to the period of delay in obtaining
the approvals. The applicant may apply for the extension either before
or after the expiration date.
E.
The applicant may apply for and the Board shall grant
an extension of the minor subdivision approval for a period not to
exceed one year from the expiration date, if the applicant proves
to the reasonable satisfaction of the Board that he has been barred
or prevented, directly or indirectly, from proceeding with his development
because of delays in obtaining legally required approvals from other
governmental entities and that he has diligently applied for and pursued
the approval. The applicant shall apply for this extension either
before the expiration date or by the 91st day after the date on which
he received the last of the legally required approvals, whichever
occurs later.
F.
If the application for a minor subdivision is classified
as a major subdivision, the subdivider will be so notified. No further
Board action on the application shall be required, and the subdivider
shall follow the procedures contained herein for processing approval
of a preliminary and final plat of a major subdivision.
Prior to the issuance of a certificate of occupancy in a nonresidential zone and/or a nonresidential building, an application shall be filed in accordance with § 415-61 and shall contain such data and information prescribed in § 415-72 as is necessary for the Board to make an informed decision on the application.
Application for approval of a preliminary plat or a preliminary site plan shall be filed in accordance with § 415-61 and shall contain all information prescribed in § 415-70 or 415-73, as the case may be.
A.
If the Board finds that the application is in substantial compliance with the provisions of this chapter, it shall schedule a hearing on the application following the procedure in § 415-7.
B.
If the Board requires any substantial amendment in
the layout of improvements proposed by the developer that have been
the subject of the hearing, an amended application shall be submitted
and proceeded upon, as in the case of the original application. The
Planning Board shall, if the proposed application complies with this
chapter, grant preliminary approval.
C.
Preliminary approval shall, except as provided in Subsection D of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1)
The general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to § 415-78; except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
(2)
The applicant may submit for final approval, on or
before the expiration date of preliminary approval, the whole or a
section or sections of the preliminary subdivision plat or site plan,
as the case may be.
(3)
The applicant may apply for and the Board may grant
extensions on such preliminary approval for additional periods of
at least one year but not to exceed a total extension of two years,
provided that, if the design standards have been revised by ordinance,
such revised standards may govern.
(4)
The applicant may apply for and the Board shall grant
an extension of the preliminary approval for a period not to exceed
one year from the expiration date, if the applicant proves to the
reasonable satisfaction of the Board that he has been barred or prevented,
directly or indirectly, from proceeding with his development because
of delays in obtaining legally required approvals from other governmental
entities and that he has diligently applied for and pursued the approval.
The applicant shall apply for this extension either before the expiration
date or by the 91st day after the date on which he received the last
of the legally required approvals, whichever occurs later.
D.
In the case of a subdivision of or site plan for an
area of 50 acres or more, the Board may grant the rights referred
to above for such period of time longer than three years as shall
be determined by the Board to be reasonable, taking into consideration
the number of dwelling units and nonresidential floor area permissible
under preliminary approval, economic conditions and the comprehensiveness
of the development. The applicant may apply for thereafter and the
Board may thereafter grant an extension to preliminary approval for
such additional period of time as shall be determined by the Board
to be reasonable, taking into consideration the number of dwelling
units and nonresidential floor area permissible under preliminary
approval, the potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval, economic
conditions and the comprehensiveness of the development, provided
that, if the design standards have been revised, such revised standards
may govern.
E.
Whenever the Board grants an extension of preliminary
approval, the extension shall begin on what would otherwise be the
expiration date. Unless otherwise indicated, the applicant may apply
for the extension either before or after the expiration date.
A.
Improvements for final subdivision approval. Prior to final subdivision approval, the applicant shall have installed all improvements set forth in Article XI and all improvements designated upon the applicant's preliminary approvals or, in lieu of the installation of improvements, the applicant may furnish, and the Borough may accept, adequate performance guaranties in accordance with Subsection D below to assure the installation and maintenance of all improvements not installed and approved.
B.
Improvements for final site plan approval. Prior to final site plan approval, the applicant shall have installed any improvements as the Board may determine are necessary prior to building construction; provided, however, that the Borough may accept performance guaranties for the later installation of those improvements referred to in Subsection A above.
C.
Off-tract improvements. Also prior to the filing of an application for final subdivision or site plan approval, the applicant shall have paid his pro rata share of the cost of any off-tract improvements necessitated by his development as determined in accordance with the requirements of Article XII.
D.
Performance guaranty. Performance guaranty for the later installation of those improvements referred to in Subsection A shall be in favor of the Borough of Totowa in an amount equal to 120% of the cost of such improvements. At least 10% of the performance guaranty shall be in the form of cash, certified check, irrevocable assignment of a savings account or certificate of deposit or an irrevocable letter of credit (sufficient in form and substance to the Borough Attorney) made payable to the Borough of Totowa.
E.
Time of guaranty. The performance guaranty shall run
for a term not to exceed 18 months from the date of final subdivision
approval or 12 months from the date of final site plan approval. With
the consent of the principal, the performance guaranty may be extended
by the governing body by resolution, after the recommendation by the
Board by resolution, for an additional period not exceeding 18 months
in the case of subdivision approval and 12 months in the case of site
plan approval.
F.
Reduction of performance guaranty. The governing body
may, in its discretion, upon application in writing by the developer
or subdivider pursuant to N.J.S.A. 40:55D-53, reduce the amount of
the performance guaranty upon certification in writing by the Borough
Engineer that certain portions of the required improvements and conditions
of the governing body have been properly completed and upon posting
of property guaranties and maintenance bonds, provided that the remaining
performance guaranty, maintenance bonds and deposit moneys are adequate
to ensure the completion of the remaining improvements.
G.
Completion of improvements. If the required improvements
are not completed or corrected, the obligor shall be liable thereon
to the Borough for the reasonable cost of the improvements not completed
or corrected, and the Borough may complete such improvements.
H.
Notification of completion. When all of the required
improvements have been completed, the obligor shall notify the governing
body in writing, pursuant to N.J.S.A. 40:55D-53, by certified mail
addressed in care of the Borough Clerk, of the completion of said
improvements and shall send a copy thereof to the Borough Engineer.
Thereupon the Borough Engineer shall inspect all of the improvements
and shall file a detailed report, in writing, with the governing body,
indicating either approval, partial approval or rejection of the improvements
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of improvements rejected shall be set forth.
I.
Time for action. The governing body shall either approve,
partially approve or reject the improvements on the basis of the report
of the Borough Engineer and shall notify the obligor in writing, by
certified mail, of the contents of said report and the actions of
the governing body with relation thereto in accordance with the provisions
of N.J.S.A. 40:55D-53. Where partial approval is granted, the obligor
shall be released from all liability pursuant to its performance guaranty,
except 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 as required by law 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.
J.
Rejection of improvements. If any portion of the required
improvements is rejected, the governing body may require the obligor
to complete and/or correct such improvements, and upon completion
and/or correction, the same procedure of notification as set forth
in this article shall be followed.
K.
Agreement. Prior to any construction and coincident
with the furnishing of the performance guaranty by the developer,
there shall be drafted an agreement between the developer and the
Borough of Totowa incorporating all of the terms and conditions of
approval approved by the Board in accordance with this chapter.
L.
Inspection fees. The agreement shall also provide
for the deposit with the Borough of fees for engineering inspection
of all improvements required by the Board and based upon the cost
of such improvements, as determined by the Borough Engineer, all fees
and procedures to be in accordance with this chapter.
M.
Notification of Borough Engineer. At least two weeks
prior to the start of construction, the applicant shall notify the
Borough Engineer in writing, with a copy to the Secretary of the Board,
of said date when construction will begin so that a preconstruction
conference can be held and so that inspections may be conducted from
time to time by the Borough Engineer. 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 Borough for such utilities or improvements.
N.
Maintenance guaranty.
(1)
Upon completion of all improvements and prior to release
of the performance guaranty, the applicant shall file a maintenance
guaranty bond amounting to 15% of the cost of all improvements to
guarantee that the completed improvements will be maintained for a
stated period not to exceed two years. The Borough Engineer and the
Board shall review the maintenance bond; it shall be reviewed by the
Borough Attorney as to form, sufficiency and execution and approved
by the Borough Council.
(2)
The Borough Council will not accept any road or improvement
into the municipal system until the maintenance period expires or
until after the deficiencies are repaired and then only if it is in
the same condition as when certified.
A.
Filing. Application for approval of a final plat or a final site plan shall be filed in accordance with § 415-61 and shall contain all the information prescribed in § 415-71 or 415-74, as the case may be. Said application shall be filed within the period prescribed in § 415-66C and may be for the whole or a section or sections of the preliminary plat or site plan, as the case may be.
B.
Application accepted. If the Board finds that the application is in substantial compliance with the provisions of this chapter, it shall schedule a hearing on the application following the procedure in § 415-7.
C.
Effect of final approval.
(1)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 415-66C(1), whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that, in the case of a major subdivision, the rights conferred by this article shall expire if the plat has not been duly recorded within the time period provided in Subsection D. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in Subsection D, the Board may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 415-66C for the section granted final approval.
(2)
The applicant may apply for and the Board shall grant
an extension of the final approval for a period not to exceed one
year from the expiration date, if the applicant proves to the reasonable
satisfaction of the Board that he has been barred or prevented, directly
or indirectly, from proceeding with his development because of delays
in obtaining legally required approvals from the other governmental
entities and that he has diligently applied for and pursued the approval.
The applicant shall apply for this extension either before the expiration
date or by the 91st day after the date on which he received the last
of the legally required approvals, whichever occurs later.
(3)
In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision of or site plan for 150 acres or more, the Board may grant the rights referred to in § 415-66C of this article for such period of time longer than two years as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
(4)
Whenever the Board grants an extension of final approval,
the extension shall begin on what would otherwise be the expiration
date. Unless otherwise indicated, the applicant may apply for the
extension either before or after the expiration date.
D.
Recording of final plat.
(1)
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat, unless within such period
the plat shall have been duly filed by the developer with the county
recording officer. The Board may for good cause shown extend the period
for recording an additional period not to exceed 190 days from the
date of signing of the plat.
(2)
No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Board as indicated on the instrument by the signature of the Chairman and Secretary of the Board or a certificate has been issued pursuant to N.J.S.A. 40:55D-1 et seq. The signatures of the Chairman and Secretary of the Board shall not be affixed until the developer has posted the guaranties required pursuant to § 415-67. If the county recording officer records any plat without such approval, such recording shall be deemed null and void.
E.
Filing and return of prints. After final subdivision
approval, one translucent tracing and one cloth print shall be filed
with the Borough Clerk. The original tracing and one cloth print shall
be returned to the subdivider.
F.
Tax Map. After approval of the final subdivision,
the applicant shall file with the Borough a final subdivision map
at the scale shown on the Borough Tax Map on the sheet on which the
tract appears. Such map shall be a requirement of final subdivision
approval.
G.
Filing of plat with County Clerk. No building permit shall be issued until final subdivision approval by the Board of the final plat and said plat has been properly filed with the County Clerk within the time or extended time required by § 415-67E. Proof of filing shall be submitted to the Board Secretary prior to issuance of a building permit.
H.
Building permits for site plans. A building permit
in connection with a site plan having preliminary approval may be
issued prior to final approval, but only after the installation of
those improvements as the Board, upon advise of the Borough Engineer,
may find necessary as precedent to the issuance of such permit. No
certificate of occupancy in connection with a site plan shall be issued
until final site plan approval by the Board, and final approval shall
not be granted until all buildings and on-site improvements are completed
or performance guaranties posted.
I.
Temporary certificate of occupancy. Upon the written
recommendations of the Planning Board, the Construction Code Officer
may grant a temporary certificate of occupancy for a specified period
of time not exceeding six months if weather or other conditions beyond
the control of the applicant prevent compliance with the conditions
of site plan approval. If a temporary certificate of occupancy is
issued, a performance guaranty shall be posted with the Borough in
an amount determined by the Borough Engineer to be the fair value
of the uncompleted work.
