[Ord. No. 1811, § 20; amended by Ord. No. 3617, 11-9-1999, § 1]
(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 in 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, § 21]
(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 30 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 30 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:
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:
(d)
Performance guaranties for off-tract improvements.
(1)
Amount required. Subject to Subsection (d)(4) 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 § 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.
(g)
Additional Parking and/or Improvements Trust Fund.
[Added by Ord. No. 30-2019, 9-10-2019 ; amended by Ord. No.
25-2020, 9-22-2020]
(1)
There is hereby established an Additional Parking and/or Improvements
Trust Fund to provide additional public parking within the Township
of Teaneck to service the commercial districts within the Township.
(2)
"New commercial construction" shall mean any construction of
retail, office, industrial, multifamily residential, or institutional
uses completed after the adoption of this subsection, but shall exclude
any new construction of less than 10,000 square feet in size, in the
aggregate, or any one- to four-family residential construction. Renovations
of the square footage of commercial uses existing at the time of the
adoption of this subsection shall not constitute "new commercial construction."
(3)
There is hereby established an Additional Parking and/or Improvements
Trust Fund fee of $0.07 per square foot of new commercial construction.
(4)
By way of example, new commercial construction of 9,999 square
feet shall not require payment of an Additional Parking and/or Improvements
Trust Fund fee. Any subsequent new commercial construction will result
in an Additional Parking and/or Improvements Trust Fund fee based
on the total square footage of the new commercial construction, greater
than 10,000 square feet.
(5)
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.
(h)
Emergency Services Trust Fund.
[Added by Ord. No. 26-2020, 9-22-2020]
(1)
There is hereby established an Emergency Services Trust Fund
to assist off-setting the cost of providing additional emergency services,
including police, fire, ambulance, etc., within the Township of Teaneck
to service the commercial districts within the Township.
(2)
"New commercial construction" shall mean any construction of
retail, office, industrial, multifamily residential, or institutional
uses completed after the adoption of this subsection, but shall exclude
any new construction of less than 10,000 square feet in size, in the
aggregate, or any one- to four-family residential construction. Renovations
of the square footage of commercial uses existing at the time of the
adoption of this subsection shall not constitute "new commercial construction."
(3)
There is hereby established an Emergency Services Trust Fund
with a fee per square foot of new construction to be negotiated in
a developer's agreement of new commercial construction.
(4)
By way of example, new commercial construction of 9,999 square
feet shall not require payment of an Emergency Services Trust Fund
fee. Any subsequent new commercial construction will result in an
Emergency Services Trust Fund fee based on the total square footage
of the new commercial construction, greater than 10,000 square feet.
(5)
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.
[Ord. No. 1811, § 22]
(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 § 33-3 hereof, shall not exceed 120% 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.
a.
When
all of the required improvements have been completed, the obligor
shall notify the governing body in writing, by certified mail addressed
to the Township 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.
b.
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 65 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 65 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.
c.
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.
d.
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 § 33-3 hereof, be furnished, in accordance herewith.
(1)
Limit on amount. The amount of maintenance guaranties shall
not exceed 15% 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.
