A.
In the event that development proposed by an application
for subdivision or site plan 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, provided that the city shall
make a decision on any application for development 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.
B.
In the event that a developer submits an application
for subdivision or site plan 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 other
applicable regulations, and, if such application complies with this
chapter and such regulations, the Planning Board shall approve such
application conditioned on removal of such legal barrier to development.
In the event that, during the period of approval
heretofore or hereafter granted to an application for subdivision
or site plan, 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.
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 City Commission
shall determine the reasonableness of and necessity for such improvements
and shall also determine such pro rata share as follows:
A.
The total cost thereof shall be estimated by the City
Engineer.
B.
The City Commission shall next consider the circulation
plan and utility service plan elements of the Master Plan and shall
ascertain:
C.
The City Commission 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.
The final cost of the completed improvements and/or
facilities shall be ascertained by the City Engineer who shall advise
the City Commission 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.
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.
Where a developer pays the amount determined as his
pro rata share under protest, 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.
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 be any. Such payment shall be made within
30 days of the determination by the City Commission of the pro rata
share.
H.
The developer and the City Commission 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.
The City Commission shall act within the applicable
period for approval of the application by the Planning Board, and
the determination of City Commission shall be binding upon the Planning
Board.
A.
If the Master Plan or the Official Map provides for
the reservation of designated streets, public drainageways, flood
control basins or public areas within the proposed development, before
approving a subdivision or site plan, the Planning Board may further
require that such streets, ways, basins or areas be shown on the plat
in locations and sizes suitable to their intended uses. The Planning
Board may reserve the location and extent of such streets, ways, basins
or areas shown on the plat for a period of one year after the approval
of the final plat or within such further time as may be agreed to
by the developer. Unless during such period or extension thereof the
city shall have entered into a contract to purchase or institute condemnation
proceedings according to law for the fee or a lesser interest in the
land comprising such streets, ways, basins or areas, the developer
shall not be bound by such reservations shown on the plat and may
proceed to use such land for private use in accordance with applicable
development regulations. The provisions of this section shall not
apply to streets and roads, flood control basins or public drainageways
necessitated by the subdivision or site plan and required for final
approval.
B.
The developer shall be entitled to just compensation
for actual loss found to be caused by such temporary reservation and
deprivation of use. In such instance, unless a lesser amount has previously
been mutually agreed upon, just compensation shall be deemed to be
the fair market value of an option to purchase the land reserved for
the period of reservation, provided that determination of such fair
market value shall include, but not be limited to, consideration of
the real property taxes apportioned to the land reserved and prorated
for the period of reservation. The developer shall be compensated
for the reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining subdivision or site
plan approval, as the case may be, caused by the reservation.
C.
In the event that the developer claims an entitlement
to such just compensation, he shall present a claim therefor to the
Planning Board within 30 days after the Planning Board shall have
made such reservation. The Planning Board shall then advise the City
Commission of the claim and recommend a just compensation figure.
The City Commission shall meet with the developer in an attempt to
agree upon said figure and the method of payment. In the event that
there is no such agreement, the City Commission shall set forth its
position in a resolution, and the developer shall then be entitled
to institute legal action for a judicial determination as to the amount
of just compensation and/or the method of payment. In the event of
agreement on said figure and the method of payment, the City Commission
shall adopt a resolution memorializing the agreement and implementing
payment and shall submit a copy of such resolution to the developer
and the Secretary.
A.
The Planning Board, when acting upon applications
for preliminary or minor 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
these provisions for subdivision review, if the literal enforcement
of one or more provisions is impracticable or will exact undue hardship
because of peculiar conditions pertaining to the land in question.
B.
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 being required
to make further application to the Planning Board or the Planning
Board being required to hold further hearings. The longest time period
for action by the Planning Board, whether it be 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.
A.
The prospective purchaser, prospective mortgagee or
any other person interested in any land which forms part of a subdivision
or which formed part of such a subdivision on or before August 1,
1973, may apply in writing to the Secretary for the issuance of a
certificate certifying whether or not such subdivision has been approved
by the Planning Board. Such application shall contain a diagram showing
the location and dimension of the land to be covered by the certificate
and the name of the owner thereof.
B.
The Secretary shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor. The Secretary shall keep a duplicate copy of each certificate,
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record of his office.
C.
Each such certificate shall be designated a "certificate
as to approval of subdivision of land" and shall certify:
D.
The Secretary shall be entitled to demand and receive
for such certificate issued by him the fees established by N.J.S.A.
54:5-14 and 54:5-15. The fees so collected by the Secretary shall
be paid by him to the city.
[Amended 7-9-2018 by Ord.
No. 2018-14]
A.
Required guarantees; surety.
(1)
For the purpose of assuring the installation and maintenance of bondable
land development improvements, as a condition of all final site plan,
subdivision, and zoning permit approvals, the Board or Zoning Officer
shall require, as appropriate, and the Board of Commissioners shall
accept, in accordance with the standards adopted hereinafter.
(a)
The furnishing of a performance guarantee in favor of the City
in an amount not to exceed 120% of the cost of improvements required
by an approval or developer's agreement, ordinance, or regulation
to be dedicated to a public entity, and that have not yet been installed.
The performance guarantee shall also include, within an approved phase
or section of a development, privately owned perimeter buffer landscaping,
as required by local ordinance or imposed as a condition of approval.
(b)
Cost shall be determined by the City Engineer according to the
method of calculation set forth in N.J.S.A. 40:55D-53.4. At the developer's
option, a separate performance guarantee may be posted for the privately
owned perimeter buffer landscaping. The City Engineer shall prepare
an itemized cost estimate of the improvements covered by the performance
guarantee, which itemized cost estimate shall be appended to each
performance guarantee posted by the obligor.
(c)
The furnishing of a maintenance guarantee in favor of the City
in an amount not to exceed 15% of the cost of the improvement, which
cost shall be determined by the City Engineer according to the method
of calculation set forth in N.J.S.A. 40:55D-53.4 for any and all bondable
items as permitted therein.
(d)
The furnishing of a temporary certificate of occupancy guarantee
in the amount of 120% of the cost of installing the remaining improvements
which are not covered by a performance guarantee and are required
to be completed before the issuance of a permanent certificate of
occupancy. The scope and amount of such a guarantee will be determined
by the City Engineer.
(e)
The furnishing of a safety and stabilization guarantee to return
the property to a safe and stable condition or to otherwise implement
measures to protect the public from access to an unsafe or unstable
condition. The amount of such a guarantee shall be $5,000 where the
overall bonded improvements are $100,000 or less. Where the overall
bonded improvements are $100,000 or more, then the City Engineer shall
calculate the bond amount in accord with the following: $5,000 for
the first $100,000 of bonded improvement costs, plus 2.5% of bonded
improvement costs in excess of $100,000 up to $1,000,000, plus 1%
of bonded improvement costs in excess of $1,000,000.
B.
Other governmental agencies.
(1)
In the event that other governmental agencies or public utilities
will automatically own the utilities to be installed or the improvements
are covered by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the City for such utilities or improvements.
C.
Failure to perform; municipal completion.
(1)
If the required improvements are not completed or corrected in accordance
with the performance guarantee, the obligor and surety, if any, shall
be liable thereon to the City for the reasonable cost of the improvements
not completed or corrected, and the City may either prior to or after
the receipt of the proceeds thereof complete such improvements. Such
completion or correction of improvements shall be subject to the public
bidding requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1,
et seq.
D.
Conformance with municipal standards.
(1)
All improvements shall be in accordance with the design standards
of the City Code or as authorized by a design exception granted by
the reviewing board and shall be subject to inspection and approval
by the Municipal Engineer. The Municipal Engineer shall be notified
24 hours prior to the start of the various phases of the work, and
if discontinued, shall again be notified when the work will be continued.
E.
Release or reduction of performance guarantee.
(1)
Upon substantial completion of all required improvements, the obligor
may request of the governing body, in writing, by certified mail addressed
in care of the City Clerk, that the City Engineer prepare, in accordance
with the itemized cost estimate prepared by the City Engineer and
appended to the performance guarantee pursuant to this chapter, a
list of all uncompleted or unsatisfactorily completed improvements.
If such a request is made, the obligor shall send a copy of the request
to the City Engineer. The request shall indicate which improvements
have been completed and which improvements remain uncompleted in the
judgment of the obligor. Thereupon the City Engineer shall inspect
all improvements covered by the obligor's request and shall file a
detailed list and report, in writing, with the Board of Commissioners,
and shall simultaneously send a copy thereof to the obligor not later
than 45 days after receipt of the obligor's request.
(2)
The list prepared by the City Engineer shall state, in detail with
respect to each improvement determined to be incomplete or unsatisfactory,
the nature and extent of the incompleteness of each incomplete improvement
or the nature and extent of, and remedy for, the unsatisfactory state
of each completed improvement determined to be unsatisfactory. The
report prepared by the City Engineer shall identify each improvement
determined to be complete and satisfactory together with a recommendation
as to the amount of reduction to be made in the performance guarantee
relating to the completed and satisfactory improvement, in accordance
with the itemized cost estimate prepared by the Municipal Engineer
and appended to the performance guarantee pursuant to this chapter.
(3)
The Board of Commissioners, by resolution, shall either accept the
improvements determined to be complete and satisfactory by the City
Engineer, or reject any or all of these improvements upon the establishment
in the resolution of cause for rejection, and shall approve and authorize
the amount of reduction or release to be made in the performance guarantee
relating to the improvements accepted, in accordance with the itemized
cost estimate, prepared by the City Engineer and appended to the performance
guarantee pursuant to this chapter. This resolution shall be adopted
not later than 45 days after receipt of the list and report prepared
by the City Engineer: Upon adoption of the resolution by the Board
of Commissioners, the obligor shall be released from all liability
pursuant to its performance guarantee, with respect to those accepted
improvements, except for that portion sufficient to secure completion
or correction of the improvements not yet accepted; provided that
30% of the amount of the performance guarantee posted may be retained
to ensure completion and acceptability of all improvements. If any
portion of the required improvements is rejected, the City shall require
the obligor to complete or correct such improvements, and, upon completion
or correction, the same procedure of notification, as set forth in
this section, shall be followed.
F.
Release or reduction of performance guarantee.
(1)
The obligor shall reimburse the City for all reasonable inspection
fees paid to the City Engineer for the foregoing inspection of improvements;
provided that the municipality may require of the developer a deposit
for the inspection fees in an amount not to exceed, except for extraordinary
circumstances, the greater of $270 or 5% of the cost of improvements,
which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.
G.
Phasing in sections.
(1)
In the event that final approval is by stages or sections of development
pursuant to Subsection a of Section 29 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-38), the provisions of this section shall be applied by stage
or section.
H.
Dedication and acceptance.
(1)
To the extent that any of the improvements have been dedicated to
the City on the subdivision plat, site plan and/or zoning permit,
the municipality shall be deemed, upon the release of any performance
guarantee required hereunder, to accept dedication for public use
any improvements made thereunder, provided that such improvements
have been inspected and have received final approval by the City Engineer.
A.
An environmental impact report shall accompany all
preliminary plats of major subdivisions of 11 or more lots or greater
than 10 acres, whichever may apply, and site plan applications for
tracts of greater than 10 acres shall provide the information needed
to evaluate the effects of a proposed development upon the environment
and shall include data and be distributed, reviewed and passed upon
as follows:
(1)
A description of the subdivision or site plan which
shall specify what is to be done and how it is to be done, during
construction and operation, as well as a recital of alternative plans
deemed practicable to achieve the objective.
(2)
When the City of Bordentown has completed a Natural
Resources Index (NRI), as provided by N.J.S.A. 40:56A-2, the applicant
may use data from the NRI relevant to the subdivision or site plan,
including maps and text.
(3)
An inventory of existing environmental conditions
at the project site and in the immediate surrounding region, which
shall describe air quality; water quality; water supply; hydrology;
geology; soils and properties thereof, including capabilities and
limitations; sewerage systems; topography; slope; vegetation; wildlife;
habitat; aquatic organisms; noise characteristics and levels; demography;
and land use, aesthetics and history. Air and water quality shall
be described with reference to standards promulgated by the Department
of Environmental Protection of the State of New Jersey, and soils
shall be described with reference to criteria contained in the Burlington
County Soil Conservation District Standards and Specifications.
(4)
An assessment of the probable impact of the development upon all items set forth in Subsection A(3) above. All assessments made of the probable impact of the subdivision or site plan shall be closely coordinated and in harmony with the City of Bordentown NRI when it is completed. As a direct result of the investigations made under the environmental impact report, a listing shall be provided which shall be all inclusive stipulating the licenses, permits and approvals needed to be furnished by state, county or municipal law. The status of these permits and approvals shall also be included. During the preparation of the impact report, the applicant shall contact all concerned federal, state, county or other municipal agencies or officials adjacent thereto or affected by the proposed development. The report shall include as a result thereof the conclusions and comments of all concerned governmental officials and agencies. All apropos correspondence between the applicant and these officials and agencies shall be included in the report.
(5)
A listing and evaluation of adverse environmental
impacts which cannot be avoided, with particular emphasis upon air
or water pollution, increase in noise, damage to natural resources,
displacement of people and businesses, displacement of existing farms,
increase in sedimentation and siltation and relevent increases in
municipal services. Off-site impact shall also be set forth and evaluated.
(6)
A description of steps to be taken to minimize adverse
environmental impacts during construction and operation, both at the
site and in the surrounding region, such description to be accompanied
by necessary maps, schedules and other explanatory data as may be
needed to clarify and explain the action to be taken. The developer
or its consultants in overall charge of the environmental impact report
shall include therein all steps that the applicant or developer must
undertake to successfully implement the report. Recommended steps
must include a positive statement affirming the developer's intent
to undertake this work by using terms "shall be," "must," etc.
(7)
A statement concerning any irreversible and irretrievable
commitment of resources which would be involved in the proposed subdivision
or site plan which might avoid some or all of the adverse environmental
effects, including a no-action alternative.
B.
The Secretary shall submit the environmental impact
report to the City of Bordentown Environmental Commission for review
and report thereon to the Planning Board. This report shall be submitted
to the Planning Board at least two days prior to the meeting of the
Planning Board at which the application will be considered. Upon completion
of all reviews and public hearing, the Planning Board shall either
approve or disapprove the environmental impact report as a part of
its underlying function with respect to subdivision or site plan review.
In reaching a decision, the Planning Board shall take into consideration
the effect of applicant's proposed subdivision or site plan upon all
aspects of the environment as outlined above as well as the sufficiency
of the applicant's proposals for dealing with any immediate or projected
adverse environmental effects.
C.
Notwithstanding the foregoing, the Planning Board
and Environmental Commission may, at the request of an applicant,
waive the requirement for an environmental impact report if sufficient
evidence is submitted to support a conclusion that the proposed development
will have a slight or negligible environmental impact. Portions of
such requirements may likewise be waived upon a finding that the complete
report need not be prepared in order to evaluate adequately the environmental
impact of a particular project.
No subdivision plat shall be submitted for filing to the County Clerk until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to §§ 244-11, 244-22B, C and D and 244-45. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guaranties required pursuant to § 244-46. If the County Clerk records any plat without such approval, such recording shall be deemed null and void, and, upon request of the City, the plat shall be expunged from the official records, pursuant to statute.
[Added 11-8-2004 by Ord. No. 2004-25[1]]
A.
Prior to being heard by the Board, all applications,
whether for preliminary, final, general development plan, conditional
use, minor site plan, site plan waiver request, subdivision or change
of use approval, shall be presented to the Development Review Committee
for review. This Committee shall also review, on an as-requested basis,
development concepts and provide assistance on matters related to
development as may be requested by City staff.
B.
Conduct of the Development Review Committee meeting.
(1)
The Development Review Committee meeting is a working
session between the Committee and the applicant. The meeting is used
to provide the applicant with a comprehensive review of his or her
application, to provide insight as to the deficiencies of the plan
and to offer suggestions and recommendations for the improvement of
said plan, to analyze the application to help in determining completeness
and to comment on the acceptability of the proposed plan. It is not
a public hearing and need not be advertised. It is not a formal review,
and no minutes will be kept nor action taken. The meeting shall be
chaired by the Board Chairman or a designee thereof.
(2)
Attendance by the applicant and/or his representatives
is mandatory.
(3)
The members of the Development Review Committee will
review the development application for conformance with applicable
development regulations and standards, determine the appropriateness
of the proposed development to the site in question and review with
the applicant reports submitted by the Planning Board's professionals
related to the proposed development.
C.
Generally, no application shall be forwarded to the
Planning Board until and unless outstanding issues, other than those
for which a variance or design waiver is requested, are resolved.
[1]
Editor's Note: This ordinance also repealed
former § 244-49, Informal conference prior to submission
of plans.
[Amended 11-13-1995 by Ord. No. 1995-18]
The applicant, when required by provisions of this chapter, shall pay to the Clerk fees in accordance with Chapter 37, Fees and Licenses.
