Township of Washington, NJ Article II Administration

§ 175-6 Minimum requirements.

These rules, regulations and standards shall be considered the minimum requirements for the protection of the health, safety and welfare of the citizens of the Township of Washington.

§ 175-7 Criteria.

Any action taken by the Planning Board under the terms of this chapter shall give primary consideration to the matters mentioned in § 175-6 above.

§ 175-8 Exceptions in application of regulations.

The Planning Board, when acting upon applications for minor or preliminary subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of this chapter 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.

§ 175-9 Simultaneous review.

The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer's being required to make further application to the Planning Board, or the Planning Board's being required to hold further hearings. The longest time period for action by the Planning Board, whether for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this section, notice of the hearing on the plat shall include reference to the request for such conditional use.

§ 175-10 Certificate of approval.

Certificates of approval shall be issued by the Township Clerk in accordance with the Municipal Land Use Law, N.J.S.A. 40:55D-56.

§ 175-11 Required fees.

[Amended 12-18-1978 by Ord. No. 35-78; 12-17-1979 by Ord. No. 74-79; 2-18-1980 by Ord. No. 1-80; 11-17-1980 by Ord. No. 51-80; 3-16-1981 by Ord. No. 7-81; 7-20-1981 by Ord. No. 29-81; 12-21-1981 by Ord. No. 50-81; 2-21-1983 by Ord. No. 1-83; 12-17-1984 by Ord. No. 33-84; 4-21-1986 by Ord. No. 8-86; 7-21-1986 by Ord. No. 23-86; 12-21-1987 by Ord. No. 28-87; 7-18-1988 by Ord. No. 25-88; 7-20-1992 by Ord. No. 12-92]

A. Application for minor subdivision.

(1) The following application fees covering administration and overhead shall be charged to the subdivider for a minor subdivision and shall be collected by the Township Clerk at the time of submission of an application to the Planning Board for approval:

(a) Lot line adjustment not creating an additional building lot: $500.

[Amended 6-17-2002 by Ord. No. 23-02]

(b) Minor subdivision creating one or more new lots: $500.

[Amended 6-17-2002 by Ord. No. 23-02]

(c) Amendment of minor subdivision approval: $150.

(2) The following deposits shall be submitted by the developer at the time of submission of an application to the Planning Board for approval. Said deposit shall cover the cost of engineering, legal and professional planner review and documentation fees and disbursements.

[Amended 8-16-1993 by Ord. No. 24-93; 2-19-1996 by Ord. No. 4-96]

(a) Lot line adjustment: $250 per lot involved.

(b) Minor subdivision: $1,500 for the first new lot; $1,000 for each additional lot.

(c) Amendment of minor subdivision approval: 25% of minor subdivision review fee.

(d) In addition to the fees required above, for any application involving a geologic investigation pursuant to § 175-30, $200 for each lot included in the Carbonate Area District.

[Added 4-20-1998 by Ord. No. 4-98]

(3) Tabulation and appeal of review fees.

[Amended 12-18-1995 by Ord. No. 38-95]

(a) The Chief Financial Officer shall tabulate the costs of the Engineer, planner and attorneys, their staffs and any outside consultants required when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Township, for a proper review and documentation pursuant to vouchers submitted by the professionals identifying the personnel performing the service, and stating the date the services were performed, the hours spent to one-fourth-hour increments, the hourly rate and the expenses incurred. All charges and fees shall be established by resolution of the governing body. Expenses shall be actual out-of-pocket expenses of any such professionals or consultants, including normal and typical expenses incurred in processing applications. Vouchers shall be submitted monthly to the Chief Financial Officer with a copy to the developer. These costs shall be deducted from the engineering/planning/legal review fee escrow deposit and paid to the professionals by the Chief Financial Officer. Where the reasonable and necessary review costs exceed or are anticipated to exceed the review fee deposit, the developer shall pay the additional amount prior to the signing of any plat. Failure to remit the additional required deposit within 15 days of the request shall render the application incomplete, and no further proceedings or action shall be taken by the Planning Board until after compliance.

(b) The Chief Financial Officer shall prepare and send to the developer a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account. This statement shall be provided quarterly, if monthly charges are $1,000 or less, or monthly, if monthly charges exceed $1,000.

(c) After the final plat has been signed, the developer shall send written notice, by certified mail, to the Chief Financial Officer, the Planning Board, the Township Engineer and other relevant professional that the application is completed. After receipt of such notice, the Engineer and/or other professional shall submit a final voucher to the Chief Financial Officer within 30 days with a copy to the developer. The Chief Financial Officer shall render a written final accounting to the developer on the status of the escrow within 45 days of receipt of the final bill, together with any balance remaining in the account, including interest in accordance with N.J.S.A. 40:55D-53.1.

(d) Within 15 days of the tabulation of review costs and notification of the developer by the Chief Financial Officer, the developer shall have the right to appeal said tabulation by so notifying the Township Committee, in writing, with copies to the Chief Financial Officer, the Planning Board and any relevant professional, provided that any additional fees or amounts required by the Planning Board to be paid prior to the signing of any plat must be paid by the developer prior to the bringing of any such appeal. Upon receipt of any such appeal, the Planning Board shall review the same and make a recommendation thereon to the Township Committee within 45 days. The Township Committee shall then decide the proper review fee to be charged, based upon information provided by both the developer and the Planning Board. If the matter is not resolved to the satisfaction of the developer, the developer may appeal to the County Construction Board of Appeals, established under P.L. 1975, c. 217 (N.J.S.A. 52:27D-127), any charge to an escrow account or a deposit by any municipal professional or consultant pursuant to the procedure set forth in N.J.S.A. 40:55D-53.2.

B. Application for major subdivision.

(1) The following application fees covering administration and overhead shall be charged to the subdivider for a major subdivision and shall be collected by the Township Clerk at the time of submission of an application to the Planning Board for approval:

(a) Sketch plat for major subdivision: $500.

(b) Preliminary plat for major subdivisions:

[1] Six hundred dollars, plus $200 per lot.

[Amended 6-17-2002 by Ord. No. 23-02]

[2] Amendment or extension of preliminary subdivision approval: 25% of the preliminary subdivision application fee.

(c) Final plat for major subdivisions:

[1] Six hundred dollars, plus $100 per lot.

[Amended 6-17-2002 by Ord. No. 23-02]

[2] Amendment or extension of final subdivision approval: 25% of final subdivision application fee.

(2) The following deposits shall be submitted by the developer at the time of submission of an application to the Planning Board for approval. Said deposit shall cover the cost of engineering, legal and professional planner review and documentation fees and disbursements.

[Amended 2-19-1996 by Ord. No. 4-96]

(a) Sketch plat:

[1] Major subdivision: $100 per lot for the first five lots; $75 for each additional lot.

[2] Major subdivision/conventional/cluster: $100 per lot for the first five lots; $75 for each additional lot.

(b) Preliminary plats:

[1] Preliminary plat for major subdivision/cluster: $1,000 per lot.

[Amended 6-17-2002 by Ord. No. 23-02]

[2] Amendment or extension of preliminary subdivision approval: 25% of preliminary plat deposit.

(c) Final plats:

[1] Final plat for major subdivision: $400 per lot for the first five lots: $50 for each additional lot.

[2] Amendment or extension of final subdivision approval: 25% of final plat deposit.

(3) Tabulation and appeal of review fees.

[Amended 12-18-1995 by Ord. No. 38-95]

(a) The Chief Financial Officer shall tabulate the costs of the Engineer, planner and attorneys, their staffs and any outside consultants required when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Township, for a proper review and documentation pursuant to vouchers submitted by the professionals identifying the personnel performing the service, and stating the date the services were performed, the hours spent to one-fourth-hour increments, the hourly rate and the expenses incurred. All charges and fees shall be established by resolution of the governing body. Expenses shall be actual out-of-pocket expenses of any such professionals or consultants, including normal and typical expenses incurred in processing applications. Vouchers shall be submitted monthly to the Chief Financial Officer with a copy to the developer. These costs shall be deducted from the engineering/planning/legal review fee escrow deposit and paid to the professionals by the Chief Financial Officer. Where the reasonable and necessary review costs exceed or are anticipated to exceed the review fee deposit, the developer shall pay the additional amount prior to the signing of any plat. Failure to remit the additional required deposit within 15 days of the request shall render the application incomplete, and no further proceedings or action shall be taken by the Planning Board until after compliance.

(b) The Chief Financial Officer shall prepare and send to the developer a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account. This statement shall be provided quarterly, if monthly charges are $1,000 or less, or monthly, if monthly charges exceed $1,000.

(c) After the final plat has been signed, the developer shall send written notice, by certified mail, to the Chief Financial Officer, the Planning Board, the Township Engineer and other relevant professional that the application is completed. After receipt of such notice, the Engineer and/or other professional shall submit a final voucher to the Chief Financial Officer within 30 days with a copy to the developer. The Chief Financial Officer shall render a written final accounting to the developer on the status of the escrow within 45 days of receipt of the final bill, together with any balance remaining in the account, including interest in accordance with N.J.S.A. 40:55D-53.1.

(d) Within 15 days of the tabulation of review costs and notification of the developer by the Chief Financial Officer, the developer shall have the right to appeal said tabulation by so notifying the Township Committee, in writing, with copies to the Chief Financial Officer, the Planning Board and any relevant professional, provided that any additional fees or amounts required by the Planning Board to be paid to the signing of any plat must be paid by the developer prior to the bringing of any such appeal. Upon receipt of any such appeal, the Planning Board shall review the same and make a recommendation thereon to the Township Committee within 45 days. The Township Committee shall then decide the proper review fee to be charged, based upon information provided by both the developer and the Planning Board. If the matter is not resolved to the satisfaction of the developer, the developer may appeal to the County Construction Board of Appeals, established under P.L. 1975, c. 217 (N.J.S.A. 52:27D-127), any charge to an escrow account or a deposit by any municipal professional or consultant pursuant to the procedure set forth in N.J.S.A. 40:55D-53.2.

C. Inspection fees.

[Amended 7-19-1993 by Ord. No. 21-93; 12-18-1995 by Ord. No. 38-95]

(1) Amount of fees; installment payments.

(a) The inspection fee deposit shall be the greater of $500 or 5% of the estimated cost of improvements as set forth in N.J.S.A. 40:55D-53h. Payment shall be made prior to the start of construction.

[Amended 5-21-2001 by Ord. No. 12-01]

(b) For those developments for which the reasonably anticipated inspection fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited shall be 50% of the reasonably anticipated fees as calculated by the Township Engineer. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by payments to the Township Engineer and Attorneys in connection with inspections, the developer shall deposit the remaining 50% of the anticipated fees immediately upon receipt of a request from the Chief Financial Officer.

(c) For those developments for which the reasonably anticipated inspection fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees as calculated by the Township Engineer. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by payments to the Township Engineer and Attorneys in connection with inspections, the developer shall make additional deposits of 25% of the reasonably anticipated fees. The Township Engineer shall not perform any inspection except required health and safety inspections if sufficient funds to pay for those inspections are not on deposit.

(2) Tabulation and appeal of inspection fees.

D. Fees for inspection of fire-protection systems installed pursuant to § 175-50. The inspection fee shall be $175 per tank, which shall cover all inspections prior to acceptance of the fire-protection system by the Township. Payment shall be made at the same time as the engineering inspection fees.

[Added 5-20-2002 by Ord. No. 18-02]

(1) The Chief Financial Officer shall tabulate the costs of the Township Engineer, attorneys, their staff and any outside consultants required for construction inspection and related costs. Related costs shall include travel time, conferences and review of plans relating to inspection and engineering/attorney costs relating to developer's agreements, including extension agreements, deeds, posting of guaranties, release of guaranties, acceptance and any other out-of-pocket costs related thereto. The costs shall be pursuant to vouchers submitted by the professionals identifying the personnel performing the service and stating the date the services were performed, the hours spent to one-fourth-hour increments, the hourly rate and expenses incurred. All such charges and costs shall be established by resolution of the governing body. Vouchers shall be submitted monthly to the Chief Financial Officer with a copy to the developer. The cost shall be deducted by the Chief Financial Officer from the inspection fee deposit and paid to the professionals by the Chief Financial Officer. Where the reasonable and necessary inspection costs exceed or are anticipated to exceed the inspection fee deposit, the developer shall pay the additional amount within 15 days of request by the Chief Financial Officer.

(2) The Chief Financial Officer shall prepare and send to the developer a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements and the cumulative balance of the inspection fee deposit account. This statement shall be provided quarterly, if monthly charges are $1,000 or less, or monthly, if monthly charges exceed $1,000.

(3) After the improvements have been approved by the Township Committee, the developer shall send written notice, by certified mail, to the Chief Financial Officer and the Planning Board, the Township Engineer and other relevant professional that the application is complete. After receipt of such notice, the Engineer and/or other professional shall submit a final voucher to the Chief Financial Officer within 30 days with a copy to the developer. The Chief Financial Officer shall render a written final accounting to the developer on the status of the inspection fee escrow within 45 days of receipt of the final bill, together with any balance remaining in the account, including interest in accordance with N.J.S.A. 40:55D-53-1.

(4) Within 15 days of the tabulation of costs of inspections and notification of the developer of such costs by the Chief Financial Officer, the developer shall have the right to appeal the same by so notifying the Township Committee, in writing, with copies to the Chief Financial Officer, the Planning Board and any relevant professional, provided that any costs required to be paid prior to the start of construction or prior to any inspection shall be paid prior to the commencement of any such appeal. Upon receipt of such appeal, the Township Administrator shall review the same and make a recommendation thereon to the Township Committee within 45 days. The Township Committee shall then decide the proper inspection fee to be charged based upon information provided by both the developer and the Township Administrator. If the matter is not resolved to the satisfaction of the developer, the developer may appeal to the County Construction Board of Appeals established under P.L. 1975, c. 217 (N.J.S.A. 52:27D-127) any charge to an inspection fee account or a deposit by an municipal professional or consultant pursuant to the procedure set forth in N.J.S.A. 40:55D-53.2.

§ 175-12 Construction permits and certificates of occupancy.

[Amended 5-18-1981 by Ord. No. 16-81; 4-15-2002 by Ord. No. 14-02[1]]

A. No construction permits before final approval.

(1) No construction permit shall be issued in the subdivision or section thereof for which final approval was obtained until the complete installation of all required improvements, including the filing with the Township Engineer of all as-built plans and profiles of all utilities, including stormwater management facilities, with a certification as to the actual construction, except the following:

(a) The final bituminous surface course of streets;

(b) Sidewalks;

(c) Dry wells and swales as may be required;

(d) Monuments;

(e) Shade trees; and

(f) Detention basin landscaping.

(2) The subdivider should complete all top-course paving, sidewalks, shade trees and landscaping prior to the onset of cold weather conditions, which preclude their proper installation.

B. Certificate of occupancy. No certificate of occupancy for any dwelling, building or structure shall be granted unless all required improvements in the subdivision or section thereof for which final approval was obtained have been installed or completed, except as noted below.

C. Exception. A certificate of occupancy may be issued if all improvements for the subdivision or section thereof for which final approval was obtained have been installed or completed, except for those listed in § 175-12A(1)(a) through (f), provided that the final 10% (rounded up to the next whole numeral) of the certificates of occupancy for all lots in the subdivision or a section thereof, as the case may be, shall not issue until the completion of all improvements in the subdivision or section thereof for which final approval was obtained, to the satisfaction of the Township Engineer. The maintenance guaranty period required by § 175-36 shall not begin until all of the improvements have been accepted by the Township.

D. Waiver. Pursuant to a written request demonstrating extraordinary circumstances, the Township Engineer may waive the requirements of § 175-12C with respect to the issuance of the final 10% of certificates of occupancy provided that the Township Engineer finds that:

(1) The incomplete improvement(s) is of a minor nature;

(2) Completion has been delayed for reasons beyond the control of the subdivider, which reasons shall exclude cold weather conditions; and

(3) The incomplete improvement(s) does not adversely impact the health, safety or welfare of the residents of the subdivision and the municipality.

[1] Editor's Note: This ordinance also provided that any subdivision which received preliminary subdivision approval prior to the effective date of this ordinance shall be exempt from the provisions of this ordinance.

§ 175-13 Conditional approvals.

A. In the event that a developer submits an application for subdivision approval proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Planning Board shall process such application in accordance with this chapter and, if such application complies with all Township regulations, the Planning Board shall approve such application conditioned on removal of such legal barrier to development.

B. In the event that development proposed by an application for subdivision approval requires an approval by a governmental agency other than the Planning Board, the Planning Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency. The Planning Board shall make a decision on any application for subdivision approval within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant unless the Planning Board is prevented or relieved from so acting by the operation of law.

§ 175-14 Period of approval extended.

In the event that during the period of approval heretofore or hereafter granted to an application for subdivision approval the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval under this chapter shall be suspended for the period of time said legal action is pending or such directive or order is in effect.

§ 175-15 Planning Board review in lieu of Board of Adjustment.

[Amended 5-18-1981 by Ord. No. 16-81]

The Planning Board, when reviewing applications for subdivision, shall have the power to grant, to the same extent and subject to the same restrictions as the Board of Adjustment, variances from lot area, lot dimensions, setback and yard requirements. Said variances shall be granted where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any zoning regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property. The variance granted from such strict application of such regulation shall relieve such difficulties or hardship; provided, however, that no variance shall be granted under this section to allow a structure or use in a district restricted against such structure or use.