[Amended 2-20-2001 by Ord. No. 2001-725]
A.
Before filing a formal application in accordance with
the procedure set forth in this article, applicants are encouraged
to meet with the Planning Board prior to submitting a formal application
for development. The purpose of the informal meetings is to make the
applicant aware of the specific requirements applicable to the area
or type of development being considered.
B.
C.
If found to be incomplete, the application shall be
returned to the applicant within 45 days of submission with information
as to what is lacking.
D.
All applications for development shall contain calculations of the floor area ratio of all existing and proposed structures on the property, calculated in accordance with the provisions of §§ 170-3,[1] 170-112A and 170-119, on a worksheet which will be provided
to the applicant with the other application documents.
[1]
Editor's Note: See the definition of "floor area ratio (FAR)."
The provisions of this article shall be administered
by the Borough Planning Board in accordance with N.J.S.A. 40:55D-37,
except that the Zoning Board of Adjustment shall substitute for the
Planning Board whenever the Zoning Board of Adjustment has jurisdiction
over an application for development. In this article, where reference
is made to the Planning Board, the words "Board of Adjustment" shall
be substituted in those situations where the Zoning Board of Adjustment
has jurisdiction.
The applicant or his agent shall appear at all
regular meetings of the Board whenever the application is being considered.
Failure to appear shall give the Board the right to postpone action
on the application if the applicant or the agent's absence deprives
the Board of information necessary to make a decision.
A.
Preliminary approval.
(1)
If the application is found to be complete, the Planning Board shall schedule a public hearing and the applicant shall be responsible for providing notice as set forth in § 170-32. At the public hearing, the applicant shall submit to the Board a copy of the advertisement required under § 170-32A; affidavit of notice of public hearing to persons served; affidavit of ownership or authorization of owner to submit application; map showing all properties within 200 feet; and a letter from the Tax Collector stating that all taxes and easements for local improvements have been paid to date on the property.
(2)
At the public hearing, the Planning Board shall consider the application as submitted, the recommendations and comments of all agencies to which the application was referred and those of the public, and shall take action within the time period set forth in Articles II, III, IV and V or within such further extension agreed to by the applicant. The Planning Board shall reject the application for development, grant preliminary approval, or grant conditional preliminary approval. Preliminary approval shall confer upon the applicant those rights set forth in N.J.S.A. 40:55D-49.
(3)
If the Planning Board requires any substantial amendment
to the layout or improvements proposed by the developer that have
been the subject of a hearing, an amended application for development
shall be submitted and proceeded upon as in the case of the original
application for development, and the time period within which the
Planning Board shall be required to make a decision shall be computed
from the date of the submission of the amended application and all
exhibits to the administrative officer.
B.
Final approval.
(1)
Within three years from the date of preliminary approval
or within such extension as allowed by N.J.S.A. 40:55D-49, the applicant
may apply for final approval in the manner set forth in this article.
(2)
The final plan shall incorporate all changes or modifications
required by the Board. The applicant shall submit an affidavit indicating
no changes were required or specify the changes that have been made
and the reasons for the changes.
(3)
In addition to the exhibits required in Articles VIII through XIII and any other exhibits which may have been required as a condition of preliminary approval, the following materials shall accompany the application for final approval:
(a)
A letter from the Borough Engineer indicating:
[1]
That the Engineer is in receipt of a map showing
all utilities in exact location and elevation identifying those portions
already installed and those to be installed.
[2]
That the applicant has either completed the
installation of all improvements in accordance with the requirements
of this article or posted with the Borough Clerk a performance guarantee
in an amount sufficient to cover the cost of all improvements or uncompleted
portions thereof, as estimated by the Borough Engineer, and ensuring
the installation of such improvements on or before an agreed date.
[3]
All items and amounts required for the corporate
surety maintenance guarantee.
[4]
That the final plan conforms to the preliminary
plan as submitted and approved.
(b)
A letter from the Borough Tax Collector stating
that all taxes and assessments for local improvements have been paid
to date on the property.
(c)
A letter from the Borough Clerk indicating:
[1]
That the amount, form and content of the performance
and maintenance guarantees have been accepted by the governing body.
[2]
Where appropriate, that moneys as required by
this chapter have been paid the Borough as reimbursement for construction
inspection costs incurred since preliminary approval.
(4)
The Board shall act within 45 days of submission of
a completed application or within such further time as may be mutually
agreed upon. Failure of the Board to act within the allocated time
or a mutually agreed upon extension shall be deemed to be favorable
approval, and the Borough Clerk shall issue a certificate to that
effect.
(5)
If the application for development is a subdivision,
the plan granted final approval shall be filed by the applicant with
the county recording officer within 95 days from the date of such
approval. If any final plan is not filed within that period, the approval
shall expire. For good cause, the Planning Board may extend the time
of the filing of the plan for an additional period not to exceed 95
days.
(6)
The granting of final approval shall confer upon the
applicant those rights set forth in N.J.S.A. 40:55D-50 and shall terminate
the time period of preliminary approval for that part of the development
for which final approval has been granted.
Combined preliminary and final approval, as
well as site plan and subdivision approval, may be granted simultaneously,
providing all submission requirements for both approvals are met.
The time limit within which the Board shall act shall be the longest
permitted for any of the approvals.
A.
Applicants for development may request waivers or exceptions from the provisions of this article from the Planning Board, except for those procedures or requirements set forth in Part 3, Zoning, or any procedures or requirements set forth in the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
The applicant shall indicate on the formal application
the nature and reasons for the exception or waiver. The request shall
also be indicated on any public notice required under this chapter.
The Planning Board may waive the requirements for a public hearing
and public notice on applications for minor development where it is
determined that the development proposed is of a minor nature and
does not have any adverse effects on adjoining properties or on the
public health, safety and general welfare.
C.
The Planning Board shall also have the power to grant
such exceptions from the requirements for development approval as
may be reasonable and within the general purpose and intent of the
provisions for development 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.
A.
General. No application shall be granted final approval by the Board until the completion of all required improvements has been certified in writing to the Board by the Borough Engineer, unless the applicant has filed with the Borough a performance guarantee. The performance guarantee shall be sufficient to cover all the cost of such improvements or incomplete portions thereof as estimated by the Borough Engineer and ensuring the installation of such incomplete improvements on or before an agreed date in accordance with the time set forth in Subsection C of this section. An additional amount of 20% of the estimate of the Engineer shall be included in the total amount of the performance guarantee to cover legal, engineering and other costs in the event that the applicant fails to complete the required improvements and the Borough is required to install the improvements.
B.
Type of guarantee. At least 10% of the performance
guarantee shall be in cash deposited with the Borough. Such cash shall
be deposited to the credit of the Borough and may be usable at any
time in the event of the nonperformance of the applicant. Any interest
earned by the Borough on the cash deposit shall inure to the benefit
of the applicant. The remaining portion of the performance guarantee
shall be issued by a bonding or surety company authorized to do business
in the state as approved by the Borough Attorney.
C.
Time of guarantee. Performance guarantees shall run
for a term not to exceed 24 months. Performance guarantees with the
consent of the principal and surety, if there is a surety, may be
extended by the governing body by resolution for an additional period
not to exceed 18 months.
D.
Borough completion. If the required improvements have not been installed in accordance with the standards and specifications of the Borough within the time limit or extension thereof, as described in Subsection C of this section and in the requirements of the performance guarantees, the obligor and surety shall then be liable to the Borough for all reasonable costs of the improvements not installed. Upon receipt of the proceeds, the Borough shall install such improvements and/or may use such portions of the performance guarantees as have been deposited in cash with the Clerk to ensure the completion of the improvements in accordance with the terms of this article and any applicable agreement.
E.
Acceptance of performance bond by the governing body.
(1)
Before accepting a performance bond, the governing
body shall have the following:
(a)
A letter from the Borough Engineer stating that
the proposed bond covers all the items required by the Planning Board
with a list of the items and costs. The letter should also state that
the plans and specifications meet all applicable Borough ordinances;
(b)
A letter from the Borough Attorney approving
the performance guarantee as to form and amount.
(2)
After approval and acceptance of the performance guarantee
by the governing body, a letter stating that fact shall be sent to
the Planning Board before the Planning Board signs the final plats
for filing with the county.
F.
Release of performance guarantee. The procedures established
in N.J.S.A. 40:55D-53 shall govern the release of performance bonds.
Before the governing body releases any guarantees, or portions thereof,
the following items shall be submitted to the governing body:
(1)
As-built plans and profiles of all utilities and roads
with a certification by the applicant's engineer as to the actual
location and construction;
(2)
A statement of affidavit from the developer that there
are no liens or other legal encumbrances on any of the improvements
or utilities proposed to be deeded to the Borough;
(3)
A statement from the Borough Engineer that all utilities
and improvements required by the Planning Board have been installed
and completed in accordance with applicable Borough ordinances;
(5)
Deeds, free and clear of all encumbrances, for all
streets, public easements, drainage and conservation easements, other
lands dedicated to public use, and any improvements to be dedicated
or deeded to the Borough or other public agency.
All improvements required by the Planning Board
shall, before being accepted by the Borough, be covered by a maintenance
bond running in favor of the Borough in the amount of 15% of the estimated
cost of the improvements as estimated by the Borough Engineer. The
maintenance bond shall run for a period of two years and provide for
the proper repair and/or replacement of any such improvements during
said period. The two-year period shall run from the date of the acceptance
of the improvements by the Borough.
A.
The governing body shall not accept any road or other
improvements into the municipal road system or for municipal ownership
until the maintenance bond has been posted and all deficiencies are
corrected or repaired. The Borough may, however, undertake to remove
snow and perform other municipal services as may be required on the
roads prior to final acceptance, if the applicant presents a written
request to the governing body and agrees in the request to hold the
Borough harmless from any damages to the roads or public improvements
caused by snow removal or other municipal activities.
B.
The governing body need not accept any roads or other
improvements if the roads or other improvements will be used by the
developer to complete other portions of the development.
No certificate of occupancy shall be granted
until such time as all conditions of approval have been complied with,
including the installation of all improvements.
