The procedure for minor subdivisions as provided in §
207-57A and
B shall apply, as applicable, to minor site plans. An application for a minor site plan approval shall contain all information indicated in Checklist No. 2 for minor site plans for determining completeness of the application.
[Amended 10-23-2012 by Ord. No. 12-14;4-10-2018 by Ord. No. 2018-02]
A. Required improvements. Prior to filing of an application for final
subdivision or site plan approval for the whole or a section of an
application that has been granted preliminary approval, or before
filing of final subdivision plats or recording of minor subdivision
deeds or as a condition of final site plan approval or the issuance
of a zoning permit, the applicant shall have installed such of the
following improvements as 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 or shall have furnished performance guarantees
to assure installation of:
(2) Curbs, gutters and sidewalks.
(3) Street lighting and street trees.
(4) Monuments, pursuant to N.J.S.A. 46:26B-1 through 8.
(6) Drainage structures, public improvements of open space.
(7) Sanitary sewers or community septic systems.
(8) Any grading necessitated by the preceding improvements.
(9) In addition, the following private improvements shall be completed
or included in the performance guarantee; privately owned perimeter
buffer landscaping as required by ordinance or imposed as a condition
of approval.
B. Installation. The forgoing improvements, other than monuments, shall
be installed in accordance with Borough specifications and in a location
and at a grade approved by the Borough Engineer. All improvements
shall be subject to inspection by the Engineer, which shall be notified
by the developer at least 24 hours prior to the start of construction.
No underground installation shall be covered until inspected and approved
by the Engineer. Shade trees shall be planted along all residential
streets and shall be of the varieties and at locations approved by
the Board or its authorized representative.
C. Completion or guaranty.
(1) No final plat or plan shall be approved by the Board until the completion of all such required improvements has been certified to the Board by the Engineer, unless the subdivision owner shall have filed with the Borough a performance guaranty equivalent to 120% of the cost of all such improvements identified in §
207-53A above or uncompleted portions thereof as estimated by the Borough Engineer and assuring the installation of such uncompleted improvements on or before an agreed date. The amount of the guarantee shall be calculated as provided for in N.J.S.A. 40:55D-53 et seq. Such performance guarantee may be in the form of a performance bond, which shall be issued by a bonding or surety company approved by the governing body, a certified check, returnable to the subdivider after full compliance, or any other type of surety approved by the Borough Attorney.
(2) The performance guaranty shall be approved by the Borough Attorney
as to form, sufficiency and execution. Such performance guaranty shall
run for a period to be fixed by the Board, but in no case for a term
of more than three years. However, with the consent of the owner and
the surety, if there is one, the governing body may, by resolution,
extend the term of such performance guaranty for an additional period
not to exceed three years. The amount of the performance guaranty
may be reduced by the governing body by resolution when portions of
the required improvements have been installed.
(3) If the required improvements have not been installed in accordance
with the performance guaranty, the obligor and surety shall be liable
thereon to the Borough for the reasonable cost of the improvements
not installed, and, upon receipt of the proceeds thereof, the Borough
shall install such improvements.
(4) The time allowed for installation of the improvements for which the
performance guaranty has been provided may be extended by the Borough
Council by resolution. As a condition or as part of any such extension,
the amount of any performance guaranty shall be increased or reduced,
as the case may be, to an amount not to exceed 120% of the cost of
the installation as determined as of the time of the passage of the
resolution.
(5) Safety and stabilization guarantee. The developer shall furnish to
the Borough a safety and stabilization guarantee for the purpose of
returning property that has been disturbed to a safe and stable condition
or otherwise implementing measures to protect the public from access
to an unsafe or unstable condition pursuant to the provisions of N.J.S.A.
40:55D-53(1)(d). The safety and stabilization guarantee may be provided
as a separate guarantee or as a line item in the performance guarantee,
at the developer's option.
(6) Temporary certificate of occupancy guarantee. In the event that the
developer shall seek a temporary certificate of occupancy for a development,
unit, lot, building, or phase of development, as a condition of the
issuance thereof, the developer shall be required to furnish to the
Borough a separate guarantee in the amount of 120% of the items which
remain to be completed or installed and which are not covered by the
existing performance guarantee pursuant to N.J.S.A. 40:55D-53(1)(c).
(7) Replacement guarantees. Should the developer request a permit update
under the State Uniform Construction Code for the purpose of updating
the name and address of the owner of the property on a construction
permit, the Borough may require, and shall accept, a replacement guarantee
provided it conforms with the requirements of this chapter for the
provision of the original guarantee.
(8) Upon substantial completion of all required street improvements,
appurtenant utility improvements and the connection of same to the
public system, the obligor may request of the Borough Council, in
writing, by certified mail addressed in care of the Borough Clerk,
that the Borough Engineer prepare a list of all uncompleted or unsatisfactory
completed bonded improvements. If such request is made, the obligor
shall send a copy of the request to the Borough Engineer. The request
shall indicate which bonded improvements have been completed or substantially
completed. Thereupon the Borough Engineer shall inspect all improvements
of which notice has been given and shall file, within 45 days of the
date of the request by the obligor, a detailed report, in writing,
with the Borough Council, with a copy to the obligor, indicating either
approval, partial approval or rejection of such improvements, with
a statement of reasons for any rejection. The costs of the improvements
as approved or rejected shall be set forth. The governing body, by
resolution, shall either approve, partially approve or reject the
bonded improvements on the basis of the report of the Borough Engineer
and shall notify the obligor in writing, by certified mail, of the
contents of said report and the action of said approving authority
with relation thereto not later than 45 days after receipt of the
list and report from the Borough Engineer. Where partial approval
is granted, the obligor shall be released from all liability pursuant
to its performance guarantee, except for that portion adequately sufficient
to secure provisions of the improvements not yet approved, provided
that 30% of the amount of the performance guarantee and the safety
and stabilization guarantee posted may be retained to ensure completion
of all improvements. Failure of the governing body to send or provide
such notification of acceptance or rejection to the obligor within
45 days of receipt of the Borough Engineer's Report 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
guarantee for such improvements.
(9) The developer shall post with the Borough a maintenance guarantee
prior to the release of the performance guarantee(s) required above.
The maintenance guarantee shall be for a period not to exceed two
years after final acceptance of the improvements, in an amount not
to exceed 15% of the costs of installation of the improvements which
are being released. The developer shall also post, after inspection
and final approval by the Borough Engineer, a maintenance guarantee
in an amount not to exceed 15% of the costs of the installation of
the following private site improvements; stormwater management basins,
in-flow and water quality structures within the basins, and the out-flow
pipes and structures of the stormwater management system if any. The
term of the maintenance guarantee shall not exceed two years and shall
expire automatically at the end of the established term
(10)
Inspection fees. The obligor shall reimburse the Borough for reasonable inspection fees paid to the Borough Engineer for the forgoing inspections of improvements and the Borough may require the developer to post the inspection fees in an escrow account. The amount of escrow for inspections shall not, except in extraordinary circumstances, exceed the greater of $500 or 5% of the costs of bonded improvements that are subject to a performance guarantee under §
207-53A and an additional amount not to exceed 5% of the cost of private improvements that are not subject to performance guarantees under §
207-53A. The inspection fees, at the developers option, may be paid in installments as provided for in N.J.S.A. 40:55D-53(3)h. When the balance of the deposit drops to 10% the developer shall make the additional deposit(s). If the Borough determines that the amount calculated pursuant to this section is insufficient to cover the costs of additional required inspections, the Borough may require the developer to deposit additional funds in escrow provided that the Borough delivers to the developer a written inspection escrow deposit request, signed by the Borough Engineer, which informs the developer of the need for additional inspections, details the items or undertakings that require additional inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
(11)
To the extent that the provisions of Chapter
300, Soil Removal, Chapter
315, Stormwater Management, and Chapter
320, Street and Sidewalks, may apply to a subdivision or site plan application, the performance guarantees, maintenance guarantees, and inspection fee portions of this Chapter
207 shall supersede any conflicting sections of those chapters.
[Amended 7-26-2011 by Ord. No. 11-07]
The Planning Board shall have the power to review and approve
or deny conditional uses simultaneously with review for subdivision
or site plan approval without the developer being required to make
further application to the Board or the Board being required to hold
further hearings. The longest time period for action by the Board,
whether it is 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.