A.Â
No construction or development of any kind shall be
permitted within the area within a stream encroachment line based
upon a one-hundred-year storm unless a stream encroachment permit
has been obtained from the New Jersey Department of Environmental
Protection or within any environmentally sensitive area as defined
by this chapter.
[Amended 8-13-1991 by Ord. No. 7-91]
B.Â
Impoundments. No construction, fillings, excavating, development or encroachment of any kind shall be permitted in any man-made or natural impoundment, lake, pond, detention area or retention area, unless the proposed encroachment has been reviewed and approved by the Borough Engineer and the Borough Planning Board in accordance with the procedures set forth in Article VIII of this chapter.
All applications for development prior to the
effective date of this chapter may be continued, but any appeals arising
out of decisions made on any such application shall be governed by
the provisions of Article IV of this chapter.
Immediately upon adoption of this chapter, the
Municipal Clerk shall file a copy of this chapter with the County
Planning Board as required by law. The Clerk shall also file with
said County Planning Board copies of all ordinances of the municipality
relating to land use, such as the Subdivision, Zoning and Site Plan
Review Ordinances.
[Added 8-13-1991 by Ord. No. 7-91]
A developer, as a condition for approval of
a subdivision or site plan, shall pay his pro rata share of the cost
of providing only reasonable and necessary street improvements and
water, sewerage and drainage facilities and easements therefor located
outside the property limits of the subdivision or tract for which
site plan approval is requested but necessitated or required by construction
or improvements within such subdivision or tract. The Planning Board
shall determine the reasonableness of the necessity for such improvements
and shall also determine such pro rata share as follows:
A.Â
The total cost thereof shall be estimated by the Planning
Board Engineer.
B.Â
The Planning Board shall next consider the circulation
plan and utility service plan elements of the Master Plan and shall
ascertain:
C.Â
The Planning Board shall determine said pro rata share
by establishing a ratio between the benefit accruing to the proposed
subdivision or site plan and the total benefit accruing by reasons
of the improvements and/or the facilities and applying it to the total
cost.
D.Â
The final cost of the completed improvements and/or
facilities shall be ascertained by the Planning Board Engineer, who
shall advise the Planning Board and the developer of the final cost.
The estimated pro rata share shall be modified by the actual final
cost and appropriate adjustments made.
E.Â
The standards established to determine such pro rata
share shall not be altered subsequent to preliminary approval to apply
to such subdivision or site plan.
F.Â
Where a developer pays, under protest, the amount
determined as his pro rata share, he shall institute legal action
within one year of such payment in order to preserve the right to
a judicial determination as to the fairness and reasonableness of
such amount.
G.Â
Such payment shall be made by a deposit of cash, and
the developer shall agree to make additional payment upon determination
of the actual cost, if there is any. Such payment shall be made within
30 days of the determination by the Planning Board of the pro rata
share.
H.Â
The developer and the Planning Board may enter into
an agreement providing for payment of the full cost of the required
off-tract improvements by the developer with a provision for future
reimbursement for an agreed time as the improvements shall be utilized
by others.
I.Â
The Planning Board shall act within the applicable
period for approval of the application by the Planning Board.
