A.
Administrative officer: receiving applications for development; issuing
approval certificates. The administrative officer, for the purpose
of the enforcement of this chapter, shall be the Zoning Officer, who
is hereby given the duty, power and authority to respectively enforce
the provisions of this chapter under the applicable powers and authority
as provided by law. The Zoning Officer shall examine all applications
under his jurisdiction and shall approve all required inspections
to ensure compliance with this chapter.
B.
Administration.
(1)
Subdivisions. Any owner of land lying within the Borough shall, prior
to subdividing or resubdividing of land as defined in this chapter,
and before conveying legal or equitable title to such subdivision
or any part thereof, apply to the Planning Board for review and approval
of the subdivision plat pursuant to the provisions of this chapter.
(2)
Site plan. Prior to the issuance of any construction permit or certificate
of occupancy, as the case may be, for any new structure or addition
to an existing structure, a site plan shall be submitted to the Planning
Board, or to the Board of Adjustment as provided by statute, for its
review and approval. The Planning Board may waive any or all site
plan approval requirements if the construction or alteration or change
of occupancy or use does not materially affect existing circulation,
drainage, relationships of buildings to each other, landscaping, buffering,
lighting and other considerations of site plan review.
C.
Enforcement. The rules, regulations and standards contained in this
chapter shall be considered the minimum requirements for the protection
of the public health, safety and welfare of the citizens of the Borough.
Any action taken by the Borough under the terms of this chapter shall
give primary consideration to the purposes and provisions of this
chapter and to the welfare of the entire community. Moreover, if an
applicant or his agent can clearly demonstrate that, because of the
peculiar conditions pertaining to his land, the literal enforcement
of one or more of these regulations is impractical or will exact undue
hardship, the appropriate municipal agency may permit such exceptions
or exceptions as may be reasonable and within the general purpose
and intent of the rules, regulations and standards established by
this chapter.
A.
It shall be the duty of the Zoning Officer to administer and enforce
the provisions of this chapter and, in so doing, to inspect periodically
the structures and land in the Borough, to investigate violations
of this chapter coming to his attention, to serve notice upon property
owners to abate any condition found to exist in violation of any provision(s)
of this chapter, to sign complaints where justified and to cooperate
with other Borough officials in the prosecution of violators. The
enumeration herein of the duties of the Construction Official and
the Zoning Officer shall not mean that other officials and employees
shall be relieved of their obligation to enforce this chapter. The
Construction Official and the Zoning Officer, or other Borough employees
authorized by the Borough, shall have the right to inspect any lot
or building at reasonable times for the purpose of investigating possible
violations of this chapter.
B.
If the Zoning Officer finds any substantial deviation from any approved
plans, he shall notify the permittee and the Borough Clerk, in writing,
of the deviation. The Zoning Officer and the Borough may take such
action as is provided in this chapter.
A.
A zoning compliance certificate (permit/approved application) shall be required as a condition precedent to the commencement of a use (in accordance with Subsection C) or the erection, construction, reconstruction, alteration, conversion or installation of a building or structure, certifying that such use, building or structure complies with the provisions of this chapter. Structures for the purpose of this section shall include, among other items, site improvements, such as driveways, walls, fences and any impervious coverage. No sign erection permit shall be issued by the Construction Official except upon application therefor in conformity with this chapter.
[Amended 9-4-2001 by Ord. No. 01-19; 12-17-2002 by Ord. No. 02-19]
B.
Certificates of occupancy.
(1)
No land shall be occupied or used, and no buildings hereafter erected,
altered or changed in tenancy, use or ownership shall be occupied,
in whole or in part, until a certificate of occupancy shall have been
issued by the Construction Official.
(2)
A temporary certificate of occupancy may be issued to a holder of
a permit prior to completion of construction, provided that such occupancy
shall not endanger life or public welfare and not until all required
utilities, including but not limited to water, sewer, electric and
fuel, are installed and in service (UCC).
(3)
A posting of a bond to ensure the completion of the work pursuant
to other applicable laws and ordinances may be made a condition for
a temporary certificate of occupancy.
(4)
Written application shall be made by the owner or his agent for a
certificate of occupancy when all requirements of a construction permit
are met or, in the case of reoccupancy or change in ownership, when
it is established after general inspection of the visible parts of
the premises and investigation of available municipal records that
no violations of the Uniform Construction Code[1] or this chapter have been found and that no unsafe conditions
shall exist.
C.
Zoning compliance certificate.
(1)
Certificates required for changes in use, occupancy or ownership
of certain lands and buildings. The Borough of Westwood requires a
zoning compliance certificate to be obtained by the owner and occupant
(one certificate may be issued to both) of the various classes of
buildings listed below prior to the occurrence of changes in use,
occupancy or ownership of certain buildings. The chart below lists
the nature of the buildings and the types of changes which trigger
the requirement for a certificate of zoning compliance.[2]
|
Use
|
Change of Tenant
|
Change of Use
|
Sale or Transfer of Ownership
| |
|---|---|---|---|---|
|
Single-family home
|
Yes
|
Yes
|
Yes
| |
|
Two-family or multiple dwelling (any unit)
|
Yes
|
Yes
|
Yes
| |
|
Industrial
|
Yes
|
Yes
|
Yes
| |
|
Commercial
|
Yes
|
Yes
|
Yes
| |
|
Retail
|
Yes
|
Yes
|
Yes
| |
|
Office
|
Yes
|
Yes
|
Yes
| |
|
Other
|
Yes
|
Yes
|
Yes
|
(2)
The zoning compliance certificate shall be on a form to be furnished
by the Zoning Officer and shall state that the entire building and
the specific portion in question and the site improvements for said
building are in compliance with this chapter. In the event said premises
exist as a valid preexisting nonconforming use or structure, said
certificate must include the affirmative findings that the change
does not alter the extent of any nonconformity, including coverage,
parking or intensity of use.
(3)
Issuance.
(a)
The Zoning Officer shall issue all such certificates when the property in question is utilized exclusively for lawful conforming residential and commercial tenants and legal tenants in preexisting nonconforming buildings in accordance with the provisions of § 195-132, Nonconforming uses, structures and lots. Certificates for all other types of uses shall be issued by the Planning Board; provided, however, that this requirement shall be waived whenever the Zoning Compliance Committee shall unanimously recommend issuance.
[Amended 12-17-2002 by Ord. No. 02-19]
(b)
Zoning Compliance Committee.
[1]
The Zoning Compliance Committee shall be established, from time to
time, by resolution of the Planning Board and shall consist of the
Zoning Officer, the Planning Board Engineer and one additional person
who shall be either a member of the Westwood Planning Board or a licensed
professional planner.
[2]
The Zoning Compliance Committee shall have no authority to deny a
request for a certificate for zoning compliance. It shall only be
empowered to decline to issue same where it appears that the premises,
as proposed to be used, is not in compliance with the provisions of
this chapter. In such an event the applicant shall be entitled to
request issuance of the certificate of zoning compliance from the
Westwood Planning Board.
(c)
Wherever, in connection with the proposed change of use or occupancy
of a parcel of land or structure, the applicant obtains a variance
or site plan approval from the Board of Adjustment or the Planning
Board, the Board issuing the approval shall be authorized to issue
the certificate of zoning compliance as part of said proceedings.
[Amended 9-4-2001 by Ord. No. 01-19]
A.
Stop orders. In the event that a permittee shall fail to comply with
any condition or regulation or provisions of an approved plan, the
Construction Official may issue a stop order on all construction work
within the area encompassed by the approved plan, which order may
include requirements for the prompt correction of adverse conditions.
Thereafter, no construction work of any type shall be performed within
the area of the approved plan except such work as is in accordance
with the requirements of the Construction Official as set forth in
said order or in accordance with the approved plan.[1]
B.
Permit revocation. In the event of a failure to comply with any condition
of an approved soil erosion and sediment control plan or tree removal
plan, upon recommendation of the Borough Engineer, the Borough may
revoke any construction permit for any property upon which such noncompliance
occurs or for any property affected by such noncompliance. The Borough
may also seek to enjoin the violation or take such other steps as
permitted by law.
C.
Revocation of construction permit or certificate of occupancy. In
the event of a failure to comply with any condition of final site
plan approval, the Construction Official, on his or her initiative,
may revoke the construction permit or certificate of occupancy, as
the case may be, and seek to enjoin the violation or take such other
steps as permitted by law.
A.
General. Any person aggrieved by any decision or action of the Zoning
Officer or the Borough Engineer under this chapter may appeal to the
Borough Council, in writing, such appeal to be filed with the Borough
Clerk within 10 days from the date of the decision or action complained
of. The appellant shall be entitled to a hearing before the Borough
Council, which shall fix a date therefor not less than 20 days nor
more than 30 days from the date of the decision appealed from. Upon
such hearing or within 10 days thereafter, the Borough Council shall
affirm, alter or rescind the decision or action complained of with
written findings and conclusions.
B.
Appeal. Where the Construction Official or the Borough Engineer has
issued a stop order or has revoked a construction permit, the permittee
shall have a right to appeal the determination to the Bergen County
Construction Board of Appeals when the appeal involves a matter under
the jurisdiction of the Uniform Construction Code.[1] Said notice of appeal shall be filed in accordance with
the requirements of said Board. If the subject matter of the appeal
is other than a Uniform Construction Code matter, then the permittee
shall have a right to appeal the determination to the Borough Council.
Said notice of appeal shall be filed with the Borough Clerk within
10 calendar days of the date of the action of the Borough Engineer
in issuing the stop-work order. The Borough Council shall, upon receipt
of said notification, provide a hearing to the permittee within 10
days of the date of the filing of the appeal and shall render its
decision upon the conclusion of the hearing and in no case later than
seven days from termination of the hearing.
[Amended 9-4-2001 by Ord. No. 01-19]
A.
Any person who violates any of the provisions of this chapter, or
who fails to comply with any of the requirements thereof, or who erects,
raises, moves, extends, enlarges, alters or demolishes any structure
in violation of any detailed statement or plan submitted hereunder,
or who puts into use any lot or premises in violation of any detailed
statement or plans submitted hereunder or who refuses reasonable opportunity
to inspect any premises shall, upon conviction thereof by any court
authorized by law to hear and determine the matter, be liable to one
or more of the following: a fine of not more than $2,000, or imprisonment
for a term of not more than 90 days, or a period of community service
not to exceed 90 days, as such court in its discretion may impose.
Each day during or on which a violation occurs or continues shall
be deemed a separate offense.[1]
B.
Selling land before final subdivision approval.
(1)
If,
before final subdivision approval, any person, as owner or agent,
transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision for which
municipal approval is required, such persons shall be subject to a
penalty not to exceed $1,000, and each lot disposition so made may
be deemed a separate violation.
(2)
In
addition, the Borough may institute and maintain a civil action: for
injunctive relief; to set aside and invalidate any conveyance made
pursuant to such a contract of sale if a certificate of compliance
has not been issued in accordance with N.J.S.A. 40:55D-56, but only
if the municipality has a Planning Board and has adopted, by ordinance,
standards and procedures in accordance with N.J.S.A. 40:55D-38. In
any such action, the transferee, purchaser or grantee shall be entitled
to a lien upon the portion of the land from which the subdivision
was made that remains in the possession of the developer or his assigns
or successors, to secure the return of any deposits made or purchase
price paid, and also a reasonable search fee, survey expense and title
closing expense, if any. Any such action must be brought within two
years after the date of the recording of the instrument of transfer,
sale or conveyance of said land or within six years if unrecorded.
A.
General.
(1)
Every application for development shall be accompanied by the payment
of a fee, as set forth on the exhibit annexed hereto and made a part
hereof entitled "Fees and Deposits," for land development applications
before the Planning Board or Zoning Board of the Borough of Westwood.[1] Application fees are not refundable. The administration of the professional escrow fees provided for herein shall be governed by § 195-50 of the Westwood Code.
[Amended 11-24-2009 by Ord. No. 09-26]
[1]
Editor's Note: Exhibit A, Fees and Deposits, is included at the end of this chapter.
(2)
Where one application for development includes several approval requests,
the sum of the individual required fees shall be paid.
(3)
No fees shall be returned to the applicant after public hearing has
commenced.
(4)
If any applicant desires a court reporter, the cost of taking testimony
and transcribing it and providing a copy of the transcript for the
board hearing the application shall be at the expense of the applicant,
who shall arrange for the reporter's attendance.
B.
Inspection fees.
(1)
In addition to the fees for the review of subdivisions and site plans,
there shall also be an inspection fee of 2.5% of the estimated cost
of improvements on site plans and an inspection fee of 5% of the estimated
cost of the improvements for subdivisions, as estimated by the Borough
Engineer and payable at the time of the commencement of construction.
This charge shall be for the purpose of defraying the costs of inspections
of the installation of the improvements required by the Planning Board.
(2)
All permits, determinations, resolutions or certificates of approval
are subject to the payment of all fees required in this section.
(3)
All applicants or appellants other than a department board or agency
of the Borough shall pay the applicable fees unless such fee is specifically
waived by the Borough Council. Such waivers shall only be considered
for nonprofit organizations.
In addition to the filing fees and any other fees or payments
required by this chapter, the applicant for any development application,
appeal or other matter pursuant to this chapter shall be responsible
to reimburse the Borough for payments made to professionals for services
rendered to the Borough related to such application, appeal or other
matter. The following provisions shall apply to such payments:
A.
Initial deposits for professional services. The required escrow fees
shall be collected by the Borough's Finance Office at the time of
the filing of the application. It shall be the responsibility of the
Finance Office to assign and issue all escrow account numbers at the
time of filing an application. These fees are to be applied for the
review of applications by the professional staff/consultants and shall
include all office review, phone correspondence, preparation of reports,
conferences, appearance at meetings, or other purposes under the provisions
of this chapter or the Municipal Land Use Law.[1] For purposes of this section, "professional staff" shall
include the Borough Planner and Borough Engineer, and such other professionals
as may be deemed necessary by the Planning Board or the Zoning Board
of Adjustment to review an application. Deposits shall be paid by
personal check, certified check, cashier's check, or bank money order.
In the case of proposals requiring a combination of approvals, such
as a subdivision, site plan and/or variance(s), the applicant shall
deposit an amount equal to the sum of the deposits required for each
application.
[Amended 9-4-2001 by Ord. No. 01-19]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Inspection fees. In addition to the fees set forth for the review
of subdivision plans and site plans, there shall also be an inspection
fee of 2.5% of the estimated cost of improvements on site plans and
an inspection fee of 5% of the estimated cost of the improvements
for subdivisions, as estimated by the Borough Engineer and payable
at the time of the commencement of construction. This charge shall
be for the purpose of defraying the costs of inspections of the installation
of the improvements required by the Planning Board. In the event that
there is no new schedule of fees filed by the professionals, the schedule
previously filed by the professional shall prevail.[2]
C.
Subsequent deposits for professional services. In the event that
the amount in the individual account for professional services should
become depleted to less than 25% of the initial deposit required by
this chapter, and if the Secretary determines that additional funds
are necessary to cover the cost of processing said application, the
Secretary shall notify the applicant immediately of such depletion.
Upon receiving such notice, the applicant shall deposit additional
funds as necessary to make the amount in the account not less than
50% of the initial deposit required by this chapter for professional
services.
D.
Failure to maintain deposit for professional services. If the required
funds for professional services are not deposited in a timely manner,
the Secretary shall notify the Borough agency having jurisdiction
over the application and shall send copies of said notification to
the Borough Finance Director. Upon receipt of the copy of notification,
the Finance Officer shall immediately inform the Mayor and Council
of said notification. No further action shall be taken on the application
unless the deposits have been made by the applicant as required above.
In the event that the time for action by a Borough agency as required
by this chapter shall expire prior to the payment of the required
deposits, the reviewing agency shall have the option of dismissing
the application.
E.
Vouchers for payment of professional services. All payments charged
to a deposit required by this section shall be made pursuant to written
monthly vouchers for each application from the professional(s), stating
the hours spent, the hourly rate and the expenses incurred. The Borough
shall render a written final accounting to the applicant on the uses
to which the deposit was put.
F.
Procedure for payment of vouchers; appeals of charges. The following
procedure shall apply to the payment of vouchers for professional
services pursuant to this section:
(1)
The office of the professional(s) shall submit a copy of said voucher
to the applicant.
(2)
Within 14 days of the mailing of said vouchers, the applicant may
request in writing a hearing on the reasonableness of the charges
contained in said vouchers. Any such hearing shall be held by the
Borough agency with jurisdiction over the application.
(3)
In the event the applicant requests such hearing, no payments shall
be made pursuant to the disputed voucher(s) until the Borough agency
shall have ruled on the appeal. If the Borough agency finds in favor
of the applicant, payment pursuant to said voucher(s) shall be adjusted
accordingly.
(4)
All vouchers for payment of professional services pursuant to this
section shall be submitted to the Borough agency for whom the services
were performed. The Borough agency shall, at a public hearing, approve
or deny payment of the vouchers. No voucher shall be denied payment
without giving the professional submitting the voucher an opportunity
to be heard concerning the reasonableness of said voucher.
(5)
If no hearing is requested as outlined above, or if the Borough agency
finds in favor of the professional, payment shall be made pursuant
to the voucher.
(6)
If approved by the Borough agency, the voucher shall be directed
to the Borough Finance Director for reimbursement to the professional
for services rendered.
A.
Before execution of the final subdivision plat, as a condition of
final site plan approval, or as a condition to the granting of a development
approval pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall
have installed all improvements required by the Planning Board, except
that the Borough Council may require and shall accept, in accordance
with the standards adopted herein for the purpose of assuring the
installation and maintenance of on-tract improvements, the following:
(1)
The furnishing of a performance guarantee in favor of the Borough
in an amount not to exceed 120% of the cost of installation for all
improvements not installed prior to final approval.
(2)
A maximum of 10% of the total guarantee required shall be in cash.
All of the improvements shall be subject to inspection and approval
by the Borough Engineer, who shall be notified by the developer at
least 48 hours prior to the start of the construction. No underground
installations shall be covered until inspected and approved.
B.
There shall be provision for a maintenance guarantee, to be posted
with the Borough Council for a period not to exceed two years after
final acceptance of the improvements, in an amount not to exceed 15%
of the cost of the improvements.
C.
The time allowed for installation of the improvements for which the
performance guarantee 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 guarantee shall be increased or reduced,
as the case may be, to an amount not to exceed 120% of the cost of
installation as determined as of the time of the passage of the resolution.
D.
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 Borough for the reasonable cost of the improvements
not completed or corrected, and the Borough may, either prior to or
after the receipt of the proceeds thereof, complete such improvements.
E.
Upon substantial completion of all required street improvements (except for the top course) and 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, that the Borough Engineer prepare, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection A of this section, a list of all uncompleted or unsatisfactory completed improvements. A copy of the request shall be sent to the Borough Engineer. The request shall indicate which improvements remain uncompleted in the judgment of the obligor. Thereupon the Borough Engineer shall inspect all improvements covered by the request and shall file a written list and report with the Borough Council, with a copy to the obligor, not later than 45 days after the receipt of the obligor's request.
F.
The list prepared by the Borough 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, or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report shall also 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 Borough Engineer and appended to the performance guarantee pursuant to Subsection A of this section.
G.
The Borough Council, by resolution, shall either approve the improvements
determined to be complete and satisfactory by the Borough Engineer,
or reject any or all of these improvements, and shall approve and
authorize the amount of reduction to be made in the performance guarantee
relating to the improvements accepted, in accordance with the itemized
cost estimate prepared by the Borough Engineer. This resolution shall
be adopted not later than 45 days after receipt of the list and report
prepared by the Borough Engineer. Upon adoption of the resolution
by the Borough Council, the obligor shall be released from all liability
pursuant to its performance guarantee, with respect to those approved
improvements, except for that portion adequately sufficient to secure
completion or correction of the improvements not yet approved, provided
that 30% of the amount of the performance guarantee posted may be
retained to ensure completion and acceptability of all improvements.
H.
In the event that the obligor has made a cash deposit with the Borough
or approving authority as part of the performance guarantee, then
any partial reduction granted in the performance guarantee pursuant
to this subsection shall be applied to the cash deposit in the same
proportion as the original cash deposit bears to the full amount of
the performance guarantee.
I.
If any portion of the required improvements is rejected, the approving
authority may 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.
J.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination or lack
of a determination of the Borough Council or the Borough Engineer.
K.
The obligor shall reimburse the Borough for all reasonable inspection
fees paid to the Borough Engineer for the foregoing inspection of
improvements, provided that the Borough may require of the developer
a deposit for the inspection fees in an amount not to exceed, except
for extraordinary circumstances, the greater of $500 or 5% of the
cost of improvements, which cost shall be determined pursuant to Section
15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4). For those developments
for which the reasonably anticipated fees are less than $10,000, fees
may, at the option of the developer, be paid in two installments.
The initial amount deposited by a developer shall be 50% of the reasonably
anticipated fees. When the balance on deposit drops to 10% of the
reasonably anticipated fees because the amount deposited by the developer
has been reduced by the amount paid to the Borough Engineer for inspection,
the developer shall deposit the remaining 50% of the anticipated inspection
fees. For those developments for which the reasonably anticipated
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. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid to the Borough Engineer for inspection, the developer shall make
additional deposits of 25% of the reasonably anticipated fees. The
Borough Engineer shall not perform any inspection if sufficient funds
to pay for those inspections are not on deposit.
L.
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.
M.
To the extent that any of the improvements have been dedicated to the Borough on the subdivision plat or site plan, the Borough Council shall be deemed, upon the release of any performance guarantee required pursuant to Subsection A of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Borough Engineer.
N.
Building permits in a subdivision or site plan or approved subsection
thereof, except for model buildings in the first subsection, will
be issued only when all improvements, with the exception of the following,
shall have been installed to serve all lots and structures within
the subdivision or site plan, or approved subsection thereof, and
approved by the Borough Engineer:
O.
Permits for model buildings in the front subsection or 10% of the
total number to be built in said subsection, whichever is less, not
to exceed six, may be issued on commencement of construction of improvements.
P.
Installation of sidewalks on a lot shall be completed prior to the
issuance of a certificate of occupancy for that lot.
Q.
Notwithstanding any provision of this chapter to the contrary, upon
completion of all improvements, but prior to acceptance by the Borough
Council of such improvements, and prior to the release of any performance
guarantee which may have been posted, deeds must be received, free
and clear of all mortgages and encumbrances, for all fee and other
property interests and improvements to be conveyed to the Borough.
R.
A site plan bond shall be posted prior to earth disturbance.
[Amended 9-5-2006 by Ord. No. 06-16; 11-24-2009 by Ord. No. 09-26]
A.
Whenever a land use approval is granted which includes construction
within, or disturbance of, the public right-of-way or any publicly
owned infrastructure, or where the proposed on-site construction activities
have the potential for an adverse impact upon adjacent lands or the
creation of a nuisance on the subject property, the developer shall
be obligated to enter into a developer's agreement between the developer
and the Mayor and Council, which agreement shall be prepared, at the
applicant's expense, by the Borough Attorney. Prior to preparation
of the developer's agreement, the applicant shall post a deposit of
$1,000 in escrow with the Borough of Westwood to defray the initial
expense of same. At or prior to the execution of said agreement, or
sooner in complex matters, the developer shall pay an additional amount
into the escrow fund to defray expenses incurred by the Borough of
Westwood. Such funds shall be administered in accordance with the
Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
In addition
to the amounts required to be deposited for a developer's agreement,
the developer shall also post estimated fees for inspections of improvements
by the Borough Engineer in accordance with N.J.S.A. 40:55D-53 et seq.
The amount requested for inspection escrow fees shall be an estimate
based upon 5% of the cost of site improvements, both on site and within
the municipal right-of-way, but exclusive of any building construction.
For those developments for which the inspection fees are less than
$10,000, the fees may be paid in two installments. For those developments
for which the inspection fees are $10,000 or greater, fees may be
paid in four installments. Administration and replenishment of the
inspection escrow account shall be as set forth in N.J.S.A. 40:55D-53,
Subsection h, and as provided for in N.J.S.A. 40:55D-53.1 through
N.J.S.A. 40:55D-53.4.
A.
Pursuant to the powers established in N.J.S.A. 40:55D-42, the following
standards are hereby promulgated with respect to determining the proportionate
or pro rata share of an applicant for a required off-tract improvement.
Prior to the granting of final approval of a subdivision, the applicant
shall have installed or made cash payments, in the manner provided
for below, with respect to the immediate or ultimate installation
of any required off-tract improvement.
(1)
Allocation of costs; criteria in determining allocation. The allocation
or costs for off-tract improvements as between the applicant, other
property owners and the Borough, or any one or more of the foregoing,
shall be determined by the Planning Board, with the assistance of
the appropriate Borough agencies, on the basis of the total cost of
the off-tract improvements, the increase in market values of property
affected and any other benefits conferred, the needs created by the
application, population and land use projections for the general area
of the applicant's property and other areas to be served by the off-tract
improvements, the estimated time of construction of the off-tract
improvements and the condition and periods of usefulness, which periods
may be based upon the criteria of N.J.S.A. 40A:2-22. The following
criteria may also be considered, as well as any other reasonable criteria
which would aid in said determination:
(a)
Street, curb, gutter, sidewalk, shade tree, streetlight, street
sign and traffic light improvements may also be based upon the anticipated
increase of traffic generated by the application and the anticipated
benefit thereto.
(b)
Drainage facilities may also be based upon or be determined
by the drainage created by or affected by any particular land use,
considering the percentage relationship between the acreage of the
application and the acreage of the total drainage basin; the use of
a particular site and the amount of area to be covered by impervious
surfaces on the site itself; and the use, condition or status of the
remaining area of the drainage basin.
(2)
Improvements to be construed at the sole expense of the applicant.
In cases where a reasonable and necessary need for an off-tract improvement
or improvements is necessitated or required by the proposed development
application, and where no other property owners receive a special
benefit thereby, the Board may require the applicant, as a condition
of approval, 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.
(3)
Payment of allocated costs; form. In the event that the improvement
required shall be constructed as a general or a local improvement,
the estimated cost of the off-tract improvement allocated to the applicant
shall be deposited with the municipality in the form of cash. Said
deposit shall be paid by the subdivider to the Borough Treasurer who
shall provide a suitable depository therefor, and such funds shall
be used only for the off-tract improvements for which they are deposited
or shall be refunded to the subdivider as hereinafter set forth.
(4)
Deposit of funds. All funds paid by an applicant pursuant to this
chapter shall be used only for the improvements for which they are
deposited or improvements serving the same purpose.
(5)
Redetermination of assessment upon completion of improvements. 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 or decrease the
amount of any cash deposit made by the applicant hereunder, the applicant
shall forthwith either pay the amount of such increase to the municipality,
or the municipality shall forthwith refund the amount of such decrease
to the applicant.
B.
Omissions. Omissions from the bond of any improvement will in no
way be construed as to relieve the developer from his legal obligation
to conform to the required improvements as provided for in this chapter.
C.
Certification. Prior to the final acceptance of any of the required
improvements by the Borough, the subdivision owner or owners shall
have submitted satisfactory affidavits certifying that no unpaid bills,
liabilities or liens against such improvements and installations are
outstanding.
