Township of Teaneck, NJ Article IV Supplemental Land Use Controls

Sec. 33-19 Environmental impact statement.

(a) When required. The approving authority (which shall have the ultimate authority) or the Environmental Commission may require an applicant to prepare and submit an environmental impact statement, hereinafter described, during the review of a development application. If such environmental impact statement is so required of an applicant by the Environmental Commission, same shall be requested early in the application process as set forth in the checklist, but no later than the applicable first meeting of the Planning Board or Board of Adjustment, as the case may be. Any development application involving an area of more than two acres of land disturbance by power-driven equipment (on and off tract) shall be supported by an environmental impact statement, subject to the authority of the Environmental Commission to waive any of the items of the statement.

(b) Contents of statement. An environmental impact statement shall include the following, subject to the right of the Environmental Commission to waive any items as not being necessary or relevant to the particular application:

(1) Project description, specifying what is to be developed, how it is to be developed and how it is to be operated after development. Alternative methods of development, if any, shall be specified. Stages of construction shall also be specified. If future subdivision and sale is contemplated, it should be described and diagrammed.

(2) Inventory of existing environmental conditions and an evaluation of each as being a positive or negative factor, including but not necessarily limited to sewer facilities; water supply; water quality; hydrology; air quality; traffic noise, volume and flow; sunlight and shadows; illumination and light characteristics and levels; noise; light; demography; geology; topography; slope; soils and properties thereof, including capabilities and limitations; vegetation; wildlife; wildlife habitat; aquatic organisms; land use aesthetics; historic sites and archaeological features. Where applicable, quality standards shall be described with reference to those promulgated by federal and state environmental agencies and the Township of Teaneck, and soils shall be described with reference to criteria established by the state soil conservation district.

(3) Assessment of anticipated impact of the project on all of the foregoing environmental conditions.

(4) Listing and evaluation of adverse environmental impacts and damages to natural resources which cannot be avoided, with particular emphasis upon but not limited to air and water pollution; increased noise; damage to plants, trees and wildlife; displacement of historic buildings and sites; increase m sedimentation and siltation; increase in municipal services; and consequence to municipal tax structure. Said evaluation shall not be limited to the site if the impact extends beyond the site.

(5) Description of proposals by the developer to minimize or mitigate the adverse environmental impact of the development, distinguishing between steps to be taken during construction and during operation of the completed project.

(6) Statement of alternatives to the proposed project or elements of the proposed project, if any, which will avoid some or all of the adverse effects of the project, including an evaluation of the loss of benefits from the project if no development is permitted.

(7) Listing of all Township, Bergen County, State of New Jersey, United States and regional authority permits required for the project.

(c) Review process. If an environmental impact statement is required, the approving authority shall refer said statement to the environmental commission for its review and report prior to granting final approval of the development application to which said statement relates; provided, however, that the approving authority shall act without receipt of the environmental commission's report if the statutory time limit for approving authority action is about to expire without the applicant's consent to an extension of time to act. No development application shall be deemed to be complete for purposes of municipal review if an environmental impact statement has been required, and said statement has not been furnished or has not been furnished in accordance with the requirements of this section.

[Ord. No. 1811, § 20; Ord. No. 3617, 11-9-1999, § 1.]

Sec. 33-20 Off-tract improvements.

(a) Improvements to be constructed at the sole expense of the applicant. In cases where reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development and where no other property owners receive a benefit thereby, the approving authority may require the applicant, at the applicant's expense, to provide for and construct such improvements, as if such were on-tract improvements, in the manner provided hereafter and as otherwise provided by law.

(b) Other improvements.

(1) In cases where the need for any off-tract improvement is necessitated by the proposed development and where the approving authority determines that properties outside the development will also be benefited by the improvement, the approving authority shall forthwith forward to the governing body a list and description of all such improvements, together with its request that the governing body determine and advise the approving authority of the procedure to be followed in the construction and installation thereof. The approving authority shall act upon the development application after receipt of the governing body's determination or shall postpone a final decision until the expiration of thirty days after forwarding said request to the governing body; provided, however, that if the applicant fails to consent to this postponement and the statutory time limitation for a final decision by the approving authority will expire within said thirty-day period, the approving authority may deny the application because of the failure of the applicant to permit the approving authority to properly deal with off-tract improvements. If the applicant consents to a postponement and the governing body fails to act within said thirty-day period, the development application may be approved subject to final disposition of the responsibility for off-tract improvements, as hereinafter provided.

(2) The governing body shall, within thirty days after receipt of said request or within such later time as it can reasonably evaluate the matter, determine and advise the approving authority whether:

a. The improvements are to be installed by the municipality:

1. As a general improvement, the cost of which is to be borne at general expense, except as hereinafter provided as to a contribution thereto by the applicant; or

2. As a local improvement, all or part of the cost of which is to be specially assessed against properties benefited thereby in proportion to benefits conferred by the improvements in accordance with law, except as hereinafter provided as to a contribution thereto by the applicant; or

b. The improvements are to be constructed or installed by the applicant under a formula for partial reimbursement as hereinafter set forth.

(3) If the governing body shall determine that the improvements shall be constructed or installed under subsection (b)(2)a1 as a general improvement, the approving authority shall estimate, with the aid of the Township engineer and such other persons as have pertinent information or expertise (including assessment commissioners appointed pursuant to N.J.S.A. 40:56-22), the amount, if any, by which all properties, including the proposed development, will be specially benefited thereby, and the applicant shall be liable to the Township for such excess. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvements in a manner consistent with the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above.

(4) If the governing body shall determine that the improvements shall be constructed or installed under subsection (b)(2)a2 as a local improvement. the approving authority shall, as provided in subsection (b)(3) hereinabove, estimate the difference between the total costs to be incurred and the total amount by which all properties to be benefited thereby, including the development property, will be specially benefited by the improvement, and the applicant shall be liable to the Township therefor, as well as for the amount of any special assessments against the development property for benefits conferred by the improvements. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvements and the assessment of benefits arising therefor in a manner consistent with the obligation of the applicant with respect thereto, and proceedings under said ordinance shall be in accordance with law, except to the extent modified by the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above.

(5) If the governing body shall determine that the improvements are to be constructed or installed by the applicant under subsection (b)(2)b under a formula for partial reimbursement, the approving authority shall in like manner estimate the amount of such excess, and the applicant shall be liable to the Township therefor, as well as for the amount of any special assessments against the development property for benefits conferred by the improvements. However, the applicant shall be entitled to be reimbursed by the Township for the amount of any special assessments against property other than the development property for benefits conferred by the improvements, such reimbursement to be made if, as and when the special assessments against such other property are received by the Township. Further, the governing body shall adopt an ordinance authorizing and providing for the assessment against all properties, including the development property, of benefits conferred by the improvements, and proceedings under said ordinance shall be in accordance with law. However, any such assessment against the development property shall be marked paid and satisfied in consideration of the construction or installation of the improvements by the applicant.

(c) Standards.

(1) General standards. In determining the necessity for, and the allocation of, costs for off-tract improvements as between the applicant, other property owners and the Township, the approving authority shall be guided by the following factors:

a. The total estimated cost of off-tract improvements.

b. The increase in market values of the properties affected and any other benefits conferred.

c. The needs created by the application and the circulation and comprehensive utility service plans of the Township.

d. Population and land use projections for the land within the general area of the subdivision or site plan and other areas to be served by the off-tract improvements.

e. The estimated time for construction of the off-tract improvements.

f. The condition and periods of usefulness of the improvements which may be based upon the criteria of N.J.S.A. 40A:2-22.

(2) Specific standards. Without limiting the generality of the foregoing, the approving authority may take into account the following specific factors:

a. With respect to street, curb, gutter, sidewalk, streetlight, street sign and traffic light improvements, the approving authority may consider:

1. Traffic counts.

2. Existing and projected traffic patterns.

3. Quality of roads and sidewalks in the area.

4. Such other factors as it may deem relevant to the needs created by the proposed development.

b. With respect to drainage facilities, the approving authority may consider:

1. The relationship between the areas of the subdivision or site plan and the area of the total drainage basin of which the subdivision or site plan is a part.

2. The proposed use of land within the subdivision or site plan and the amount of land area to be covered by impervious surfaces on the land within the subdivision or site plan.

3. The use, condition or status of the remaining land area in the drainage basin.

c. With respect to water, gas and electric supply and distribution facilities, the approving authority may consider the use requirements of the use proposed for the subdivision or site plan and the use requirements of all other properties to be benefited by the improvements.

d. With respect to sewerage facilities, the approving authority may consider:

1. The anticipated volume of effluent from the use proposed for the subdivision or site plan and the anticipated volume of effluent from all other properties to be benefited by the improvements.

2. The types of effluent anticipated and particular problems requiring special equipment or added costs.

(d) Performance guaranties for off-tract improvements.

(1) Amount required. Subject to subsection (4) of this subsection (d) hereinafter set forth, the applicant may be required to provide, as a condition for final approval of his development application, a performance guaranty running to the municipality as follows:

a. If the improvement is to be constructed by the applicant under subsection (a) hereinabove or under subsection (b)(2)b under the formula for partial reimbursement, a performance bond with surety in an amount equal to the estimated cost of the improvement, or as to any part of said improvement that is to be acquired or installed by the Township under said subsection (a), a performance bond equal to the estimated cost of such acquisition or installation by the Township.

b. If the improvement is to be constructed by the Township as a general improvement under subsection (b)(2)a1 hereinabove, a performance bond equal to the amount of the excess of the estimated cost of the improvement over the estimated total amount by which all properties, including the development property, will be specially benefited thereby.

c. If the improvement is to be constructed by the Township as a local improvement under subsection (b)(2)a2 hereinabove, a performance bond equal to the amount referred to in the preceding subsection (d)(1)b immediately above, plus the estimated amount by which the development property will be specially benefited by the improvement.

(2) Deposit of funds. All moneys paid by an applicant pursuant to this chapter shall be paid over to the Township fiscal officer, who shall provide a suitable depository therefor. Such funds shall be used only for the improvements for which they are deposited or improvements serving the same purpose.

(3) Refund of deposit where improvements are not authorized within five years. In any case in which an applicant shall deposit money with the Township for the completion of an improvement that is to be constructed pursuant to this chapter by the Township, the applicant shall be entitled to a full refund of such deposit if the governing body of the Township shall not have enacted an ordinance authorizing the improvement within five years after the date all other development improvements are completed.

(4) When performance guaranties for off-tract improvements not required. When the county, state, utility authority or other governmental authority having jurisdiction over the subject improvement requires a cash contribution, guaranty or other surety of the applicant, deemed by the approving authority to be adequate, the approving authority may waive the requirement for performance guaranties.

(e) Redetermination of assessment upon completion of improvement. Upon completion of off-tract improvements required pursuant to this chapter, the applicant's liability hereunder shall be recalculated in accordance with the actual, as compared with the estimated, cost of the improvements. To the extent that such recalculation shall increase the amount of any cash deposit made by the applicant hereunder, the applicant shall forthwith pay the amount of such increased assessment to the Township. To the extent that it shall decrease the amount thereof, the Township shall forthwith refund the amount of such decrease to the applicant. In cases where improvements are specially assessed against all benefited properties, recalculation shall be made by the Township assessing authority in the course of special assessment proceedings. In all other cases, it shall be made by the Township engineer.

(f) Successors in interest. In the absence of a contrary provision in a deed or deeds of conveyance of the subject property, it shall be presumed that the fee owners of all lots in the subdivision or site plan, at the date any deposit or portion thereof is returned or additional charge is made, are the lawful successors in interest to the applicant, and each such fee owner is entitled to receive a pro rata share, based upon lot area, of any funds to be returned or additional charge to be made pursuant to this chapter. Upon payment of any such sums to the said fee owners, the Township shall be released of liability to any other person. The provisions of section 33-21 shall apply with respect to the rights of, and procedures in, reducing the amount of the deposit based upon partial completion by the applicant, refunding the guaranty based upon completion of the off-tract improvement by the applicant and acceptance by the Township, and default.

[Ord. No. 1811, § 21.]

Sec. 33-21 Performance and maintenance guaranties.

(a) Performance guaranties. Before approving a final subdivision plat or site plan, all on-tract improvements referenced in the development plans and required by preliminary determinations of the approving authority shall either be installed or shall be guaranteed by the posting of adequate security therefor, in accordance herewith.

(1) Limit on amount. The amount of performance guaranties, as defined in section 33-3 hereof, shall not exceed one hundred twenty percent of the cost of installation of the subject improvements.

(2) Reducing the amount; extending the time for completion of performance. The amount of a performance guaranty may be reduced by the governing body at any time, by resolution, when portions of the improvements are certified by the Township engineer to have been completed. The time allowed for installation of the improvements may be extended by the governing body, also by resolution at any time.

(3) Default. If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected, and the Township may, either prior to or after receipt of the proceeds thereof, complete such improvements.

(4) Completion of performance and discharge of surety.

	When all of the required improvements have been completed, the obligor shall notify the governing body in writing, by certified mail addressed to the town,ship Clerk, advising that the subject improvements have been completed. A copy of said notice shall be sent by the obligor to the Township engineer. Thereupon the Township engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the governing body and the obligor, 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 the improvements rejected shall be set forth.
	The governing body shall either approve, partially approve or reject the improvements, on the basis of the report of the Township engineer, and shall notify the obligor in writing, by certified mail, of its decision not later than sixty-five days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty except for that portion adequately sufficient to secure performance of the improvements not yet approved. Failure of the governing body to send or provide such notification to the obligor within sixty-five days 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.
	If any portion of the required improvements is rejected, the governing body may require the obligor to complete such improvements and, upon completion, the same procedure of notification, as set forth in this subsection, shall be followed.
	Nothing herein shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the Township engineer.

(5) Inspection fees. The obligor shall pay to the Township an inspection fee certified by the Township engineer as being based upon the amount of staff time required to inspect the improvements and determine completion in accordance with this chapter. No underground installation shall be covered until so inspected and approved

(b) Maintenance guaranties. Before approving a final subdivision plat or site plan, the approving authority may require that maintenance guaranties, as defined in section 33-3 hereof, be furnished, in accordance herewith.

(1) Limit on amount. The amount of maintenance guaranties shall not exceed fifteen percent of the cost of the subject improvements.

(2) Limit on duration. Maintenance guaranties may be required to be posted with the Township for a period not to exceed two years after final acceptance of the improvements.

(3) Exceptions. In the event other governmental agencies or public utilities own the subject improvement, or the improvement is covered by a maintenance guaranty in favor of another governmental agency which is the same amount or greater and of the same duration or greater than would be required by the Township, then no maintenance guaranty shall be required by the Township.

[Ord. No. 1811, § 22.]