A. A public hearing shall be held on each application
for development, other than for applications requiring only minor
subdivision or minor site plan approval, or both. All public hearings
shall be scheduled by the approving authority on reasonable notice
to the applicant. All public hearings on applications for development
shall follow the requirements of the Municipal Land Use Law, which are in part as follows:
[Amended 4-4-1984 by Ord. No. 84-3]
(1)
Any maps and documents for which approval is sought at a hearing
shall be on file and available for public inspection at least 10 days
before the hearing date during normal business hours in the office
of the Secretary of the Board (Land Use Board) before which the application
is pending. Such Board Secretary is designated the administrative
officer for this purpose as permitted by N.J.S.A. 40:55D-3 and 10b.
[Amended 7-7-2009 by Ord. No. 2009-15; 12-7-2021 by Ord. No. 2021-17]
(2)
The approving authority shall provide for the
verbatim recording of the proceedings by either stenographic, mechanical
or electronic means.
(3)
Each decision on any application for development
shall be reduced to writing as provided in this subsection and shall
include the findings of facts and conclusions based thereon.
[Amended 4-15-1980 by Ord. No. 80-6]
B. Failure of a motion to approve an application for
development to receive the number of votes required for approval shall
be deemed an action denying the application.
C. Resolution or memorialization.
[Amended 4-15-1980 by Ord. No. 80-6]
(1)
The municipal agency may provide such written
decision and findings and conclusions either on the date of the meeting
at which the municipal agency takes to grant or deny approval or,
if the meeting at which such action is taken occurs within the final
45 days of the applicable time period for rendering a decision on
the application for development, within 45 days of such meeting by
the adoption of a resolution of memorialization setting forth the
decision and the findings and conclusions of the municipal agency
thereon. An action resulting from the failure of a motion to approve
an application shall be memorialized by resolution as provided above,
notwithstanding the time at which such action occurs within the applicable
time period for rendering a decision on the application.
(2)
The adoption of a resolution of memorialization
pursuant to this subsection shall not be construed to alter the applicable
time period for rendering a decision on the application for development.
Such resolution shall be adopted by a vote of a majority of the members
of the municipal agency who voted for the action previously taken,
and no other member shall vote thereon. The vote on such resolution
shall be deemed to be a memorialization of an action of the municipal
agency and not to be an action of the municipal agency; except that
failure to adopt such a resolution within the forty-five-day period
shall result in the approval of the application for development, notwithstanding
any prior action taken thereon.
(3)
Whenever a resolution of memorialization is adopted in accordance with this subsection, the date of such adoption shall constitute the date of the decision for purposes of the mailings, filings and publications required by Subsection
D.
D. A copy of the decision shall be mailed by the approving
authority within 10 days of the date of the decision to the applicant
or, if represented by an attorney, then to the attorney, and a copy
shall also be filed in the office of the administrative officer. A
brief notice of the decision shall also be published in the official
newspaper of the municipality, the publication of which shall be arranged
by the administrative officer. The period of time in which an appeal
of the decision may be made shall run from the first publication of
the decision.
E. All notices of hearings shall state the date, time
and place of the hearing, the nature of the matters to be considered
and an identification of the property proposed for development by
street addresses, if any, or by reference to lot and block numbers,
as shown on the current tax duplicate in the Township Tax Assessor's
office and the location and times at which any maps and documents,
for which approval is sought, are available for public inspection.
F. All of the following notices shall be the responsibility
of the applicant and shall be given at least 10 days prior to the
hearing date established by the approving authority:
[Amended 4-15-1980 by Ord. No. 80-6]
(1)
Public notice of the hearing shall be given
by publication in the official newspaper of the municipality, if there
be one, or in a newspaper of general circulation in the municipality.
(2)
Notice of the hearing shall be given to the
owners of all real property as shown on the current tax duplicate,
located within 200 feet in all directions of the property which is
the subject of such hearing. This notice shall be given by either
serving a copy thereof on the property owner as shown on the said
current tax duplicate or his agent in charge of the property or mailing
a copy thereof by certified mail to the property owner at his address
as shown on said current tax duplicate.
(3)
Notice to a partnership owner may be made by
service upon any partner. Notice to a corporate owner may be made
by service upon its president, a vice president, secretary or other
person authorized by appointment or by law to accept service on behalf
of the corporation.
(4)
Notice of all hearings on applications for development
involving property located within 200 feet of an adjoining municipality
shall be given by personal service or certified mail to the Clerk
of such municipality.
(5)
Notice shall be given by personal service or
certified mail to:
(a)
The County Land Use Board where the hearing
concerns a property adjacent to an existing county road or proposed
road shown on the Official County Map or on the County Master Plan,
adjoining other county land or situated within 200 feet of a municipal
boundary.
[Amended 12-7-2021 by Ord. No. 2021-17]
(b)
The Commissioner of Transportation where the
hearing concerns an application for development of property adjacent
to a state highway.
(c)
The Director of the Division of State and Regional
Planning where the hearing concerns a property which exceeds 150 acres
or exceeds 500 dwelling units, and the notice to the Director shall
include a copy of any maps or documents required to be on file with
the administrative officer.
G. The applicant shall file an affidavit of proof of
service with the municipal agency holding the hearing. Any notice
made by certified mail shall be deemed complete upon mailing.
A. All the provisions of Part 1, Zoning, shall be met
at the time of the erection, enlargement, alteration, moving or change
in use of the principal use and shall apply to the entire structure
or structures whether or not the entire structure or structures were
involved in the erection, enlargement, alteration, moving or change
in use.
B. All developments which require subdivision or site
plan approval shall comply with all the design and performance standards,
including conditions imposed by the approving authority, as shown
on the approved plat and/or included in the resolution adopted by
the approving authority.
[Amended 9-6-1977; 3-7-1978; 9-4-1979; 7-6-1982 by Ord. No.
82-13;3-20-1990 by Ord. No. 1990-4;2-7-1995 by Ord. No. 1995-1; 12-30-2008 by Ord. No. 2008-22]
A. Filing fees. The developer shall, at the time of filing a submission, pay the following filing fees, as established in Chapter
83, Fees, to the Township by certified check, bank money order or good check. Proposals involving more than one use shall pay a filing fee equaling the sum of the filing fees for the component elements of the plat or submission. Proposals requiring a combination of approvals, such as subdivision, site plan and/or variance, shall pay a filing fee equal to the sum of the filing fees for each element:
[Amended 7-6-2010 by Ord. No. 2010-12A
(1)
Informal (conceptual) review, which may be waived by the Land
Use Board in the event of minimal discussion or consideration, and
the fees so paid shall, as required by the Municipal Land Use Law,
be a credit toward fees for review of an application involving the
development.
[Amended 12-7-2021 by Ord. No. 2021-17]
(2)
Minor subdivision approval.
(3)
Major subdivision approval.
(4)
Site plan approval.
(a)
Minor site plan approval.
(b)
Preliminary major site plan.
(d)
As to any application for site plan approval of a development involving a well or wells under the circumstances described in §
100-35H(2),
(3) or
(5) or §
100-73H(2),
(3) or
(5), a fee, in addition to the foregoing fee, shall be paid at the time the application for preliminary approval is submitted.
(5)
Variances, etc.
(a)
Hear and decide appeals, make interpretations and other matters
under N.J.S.A. 40:55D-70, Subsection a or b.
(b)
Hardship or other Subsection c variance.
(c)
Use or other Subsection d variance.
(d)
Construction permit in conflict with Official Map or construction
permit for lot not related to a street.
(7)
Appeal to Township Committee. Any appeal to the Township Committee
shall be accompanied by a fee. The appellant shall arrange for the
transcript, as provided by N.J.S.A. 40:55D-17, Subsection c, and 40:55D-10,
the cost of the transcript to be paid by the appellant.
B. Review fees.
(1)
The filing fees hereinabove set forth are based
upon normal services required for processing applications for development
and include, among other expenses, the services of the approving authority
secretary or clerk in handling the application. Such filing fees are
not intended to cover the following costs (also hereinafter called
"review costs"):
(a)
The costs of the technical reviews of the application
by experts such as the Township Engineer, the Township planning consultant
and any other professional experts and consultants whose review, study,
research and reports and/or testimony are deemed necessary by the
approving authority in order to assure compliance with applicable
laws, ordinances, rules and regulations.
(b)
The charges of the approving authority attorney
and costs of certified shorthand reporter taking down proceedings
at approving authority meetings, associated with the review or processing
of the application.
(2)
In addition to the foregoing filing fees, each
applicant for development approval shall establish one or more escrow
accounts with the Township to cover review costs associated with the
review and processing of the application. A review fee, equivalent
to the total of the review costs which are finally determined as hereinafter
provided, is hereby established.
(3)
At the time of submitting an application for development and periodically thereafter, the applicant shall deposit to the escrow account the amounts hereinafter provided which are designed to cover the review fee, and shall execute an escrow agreement. The escrow agreement shall be in a form prescribed by the approving authority. All filing fees and the required initial escrow deposit must be paid prior to certification that the application is complete. In the event that the amounts required to be posted by this subsection are not sufficient to cover the review costs, the approving authority shall request additional escrow funds, in accordance with the procedure hereinafter set forth, which shall be paid by the applicant. The initial deposit to an escrow account for review costs shall be in an amount as established in Chapter
83, Fees, for the following:
[Amended 2-7-1995 by Ord. No. 1995-1; 12-30-2008 by Ord. No.
2008-22; 7-6-2010 by Ord. No. 2010-12A]
(a)
Informal (conceptual) review.
(b)
Minor subdivision approval.
(c)
Major subdivision, preliminary plat.
(d)
Major subdivision, final plat.
(g)
Preliminary major site plan.
(i)
Hearing on appeal pursuant to N.J.S.A. 40:55D-70, Subsection
a or b.
(j)
Hardship or other Subsection c variance.
(k)
Use or other Subsection d variance.
(l)
Construction permit in conflict with Official Map or construction
permit for lot not related to street.
(4)
The escrow deposit shall be utilized for review
fees which are based upon the review costs. The professional services
constituting the review costs shall be calculated in accordance with
the actual time required for the review, study, research, report and/or
testimony, at rates established by a schedule of professional fees
adopted and from time to time amended by resolution of the Township
Committee, when requested by the Land Use Board of the Township. This
schedule shall be maintained in the office of the Township Clerk as
well as the office of the administrative officer of the Township Land
Use Board for public inspection.
[Amended 12-7-2021 by Ord. No. 2021-17]
(5)
The approving authority shall review all review
costs to be assessed to an escrow account as determined in accordance
with the aforementioned schedule of professional fees, as well as
the need therefor. In making such review, the approving authority
shall consider the following criteria as they apply to the particular
application:
(a)
The presence or absence of public water and/or
sewer servicing the site.
(b)
Environmental considerations, including but
not limited to geological, hydrological and other ecological factors.
(c)
Traffic impact of the proposed development.
(d)
Impact of the proposed development on existing
aquifer and/or water quality.
(e)
Changes in the application which require additional
review.
(f)
Length of time of hearings and other meetings
reasonably required to process the application.
(g)
Amount of time involved in the professional
review and report and the reasonableness of the charges for such.
(6)
If the approving authority determines the costs
are reasonable, such costs as so determined shall constitute part
of the review fee, and the approving authority shall forward its determination
to the Township Treasurer who shall withdraw such amount from the
escrow account and pay over the same to the Township. All professionals,
certified shorthand reporters and other persons engaged by any approving
authority in connection with the application and whose services are
to be paid from an escrow account shall submit vouchers for all fees
and expenses for their services to the approving authority for approval,
itemized by application, after which the voucher shall be forwarded
to the Township Clerk and paid in the regular manner.
C. Inspection deposits.
(1)
The construction and final inspection escrow
deposit (hereinafter called "inspection deposit") is intended to cover
the cost of engineering inspection services by the Township Engineer
required during the course of the construction of subdivision or site
plan improvements. The inspection deposit shall be used to pay for
these services from the commencement of construction (date of preconstruction
conference shall be commencement of construction) until said improvements
have been 100% completed and any required maintenance period has expired
or, in the case of a subdivision, until all improvements have been
100% completed, the maintenance period has expired and any improvements
to be accepted into the municipal system have been so accepted.
(2)
The initial inspection deposit shall be in amount calculated as established in Chapter
83, Fees.
(3)
The foregoing initial inspection deposit shall
be paid to the Township (or provided for as stated below) at the following
time:
[Amended 7-6-2010 by Ord. No. 2010-12A]
(a)
In all events, actually paid before the commencement
of construction of the development for which the particular approval
was given.
(b)
If said construction has not actually commenced
by the time of said final approval, then either actually paid before
final approval of the particular application for development; or included
in the calculation of the performance guaranty cost estimate and a
guaranty of the payment thereof prior to said construction included
in the terms of the performance guaranty in which event the deposit
shall actually be paid prior to the commencement of said construction.
D. Administration of escrow deposits. The provisions of this Subsection
D shall apply to both review fees and inspection deposits.
(1)
Each escrow deposit shall be held in escrow
by the Township in an account separate from the general funds of the
Township and separate from any other such account. Review fees escrow
deposits shall be in an account separate from inspection deposits.
The account shall be in a banking institution or savings and loan
association in this state, insured by an agency of the federal government,
or in any other fund or depository approved for such deposits by the
state, in an account bearing interest at the minimum rate currently
paid by the institution or depository on time or savings deposits.
All interest earned on any account shall be retained in the account
until paid over as hereinafter provided.
(2)
The escrow deposit and account associated with
each application shall be replenished whenever the original escrow
deposit is reduced by payments and approved charges against the account
to 35% or less of the original amount. The Township Treasurer, or
the Treasurer or approving authority administrative officer in the
case of a review fees escrow deposit, shall notify the applicant to
replenish the escrow, and the applicant shall, upon request, deposit
up to 100% of the original escrow account. In addition to all of the
above, if the Township Treasurer or the Treasurer or said administrative
officer in the case of a review fees escrow deposit, shall determine
that the approved additional estimated cost exceeds any of the foregoing
amounts, the Treasurer or administrative officer (as the case may
be) shall require such additional amounts as shall be required to
cover such expenses. No further consideration, review, processing
or inspection shall be performed by or on behalf of the approving
authority until the additional escrow has been paid.
(3)
In the event that the applicant believes any
amount charged or to be charged to his escrow deposit is unreasonable,
the applicant may file a written objection with respect thereto with
the administrative officer in the case of a review fees escrow deposit
or with the Township Treasurer in the case of a inspection deposit,
in which event a detailed explanation of the review costs or inspection
costs (as the case may be) so charged or to be charged will be provided
for the applicant. If the applicant was sent written notice that such
amount was so charged or would be so charged, he shall file such written
objection within 10 days after such written notice was sent to him.
The applicant may, within five days after the administrative officer
or Treasurer forwards such detailed statement, request (by notice
in writing received by the approved authority secretary or clerk in
the case of a review fees escrow deposit or by the Township Treasurer
in the case of an inspection deposit) that a hearing to be held by
the approving authority in the case of a review fees escrow deposit
or by the Township Committee in the case of an inspection deposit,
on notice to the applicant and the approving authority or Township
Committee, to review the propriety of the payment from the escrow
account. The applicant may also, in the case of a review fees escrow
deposit, within 10 days after the decision of the approving authority
following the hearing, appeal its decision to the Township Committee
by written notice of appeal received within such time by the Township
Clerk. The appellant shall provide the Township Committee with that
portion of the transcript of the Land Use Boardt hearing on the matter,
at the appellant's cost, and the appeal shall be on the record made
before the Board.
[Amended 12-7-2021 by Ord. No. 2021-17]
(4)
The approving authority or Township Committee
shall hold any hearing it conducts (as provided for above in this
subsection) within 30 days of receiving the request for such hearing.
A decision of the reviewing body, following such hearing shall be
embodied in a resolution containing findings of fact and conclusions.
The Township Committee, when acting as an appellant body from a decision
of the approving authority, may affirm or alter the approving authority's
decision.
(5)
If any review fees escrow amount is unexpended upon final and unconditional approval (or denial), said amount shall be returned to the applicant or, at the developer's request, applied to the next phase. If any inspection deposit amount is unexpended after the expiration of the time period described at the end of Subsection
C(1) of this section, said amount shall be returned to the developer.
(6)
The Township Treasurer shall pay to the applicant
at the termination of the escrow account 2/3 of the interest earned
on any such account where the amount(s) deposited into the account
(exclusive of interest) exceeds $5,000 with the remaining 1/3 of such
interest being paid over to the Township. The Township shall retain
all interest earned on an escrow account where the amount(s) deposited
into the account (exclusive of interest) do not exceed $5,000. After
the completion of the review of an application for development by
the approving authority, whether preliminary or final, or upon the
withdrawal of an application (or the conclusion of the informal discussion
if the deposit was made for that purpose and is not to be credited
toward an application for development), and after all review costs
have been paid from the escrow account for such application, the Township
Treasurer shall refund to the applicant all deposit moneys remaining
in the account together with the interest, if any, which the applicant
is entitled to receive. After the interest which the Township is entitled
to receive is paid over to the Township, the escrow account shall
be terminated.
E. Payment of fees required. All permits, determinations, resolutions or certificates of approval are subject to the payment of all required fees, including the filing fee(s) stated above and the review fee (which is the aggregate of the finally determined review costs). No application shall be deemed complete until the required filing fee(s) and the required initial escrow deposit amounts have been paid to the Township. The full payment of the proper filing fee(s), the review fee(s) as finally determined, any fees required under §§
100-147.1 and
100-147.2 and (where appropriate to the particular application) the construction and final escrow deposits are required conditions for the approval of an application for development, and action to approve such application shall not be taken until such full payment has been made.
[Added 3-20-1990 by Ord. No. 1990-4; amended 9-6-2005 by Ord. No.
2005-11; 7-6-2010 by Ord. No. 2010-12A]
For proposed lots for which an application for development is made and percolation tests are involved, a witnessing fee, as established in Chapter
83, Fees, shall be paid to cover the cost of observation and review of the percolation test; provided, however, that where observation of percolation tests on any lot exceeds one day's time, the additional fee for such lot to cover the cost of observation and review of such percolation test shall be as established in Chapter
83, Fees, per day of such observation.
[Added 3-20-1990 by Ord. No. 1990-4; amended 7-6-2010 by Ord. No.
2010-12A]
An applicant for approval of an application may request a special meeting. The approving authority may schedule such special meeting(s) at the date and time convenient to the applicant, the approving authority and the public. There shall be paid to the Township, prior to the meeting, a nonrefundable special meeting fee, as established in Chapter
83, Fees. In addition, the administrative officer may require an additional escrow deposit, as established in Chapter
83, Fees, for each special meeting.
[Amended 12-7-2021 by Ord. No. 2021-17]
The applicant has the duty of compliance with
reasonable conditions, consistent with law, laid down by the approving
authority for design, dedication improvements and the use of the land.
Where the County Land Use Board review on approval is required of
a subdivision or site plan, the approving authority shall condition
any approval it grants upon either timely receipt of a favorable and
unconditional report by the County Land Use Board or approval by the
County Land Use Board due to its failure to submit a report within
the required time period. If the county's report is negative or attaches
conditions, the original action by the municipal approving authority
shall be null and void.
[Amended 4-4-1984 by Ord. No. 84-3]
A. The approving authority, when acting upon applications
for approval of subdivisions and site plans, shall have the power,
on written request from the applicant, to:
(1)
Grant such exceptions from Article
XXIII, Design and Performance Standards, of this Part
2 as may be reasonable and within the general purpose and intent of the provisions for subdivision/site plan review and approval if the literal enforcement of one or more provisions of this Part
2 is impracticable or will exact undue hardship because of peculiar conditions; and
(2)
Waive requirements for the submission of information
required by applicable provisions of this Part 2 and Part 1, Zoning,
to be submitted on or with a plat required for such approval where
sufficient credible evidence is supplied to the approving authority
to support a conclusion by it that the proposed development will have
no, or a negligible, impact or effect in the area where such information
would be so required and that the proposed development can be adequately
evaluated without such information.
B. The approving authority shall have the power to review
and approve or deny conditional uses or site plans simultaneously
with a review for subdivision approval without being required to hold
further hearings. The longest time period for action by the approving
authority, whether it be for subdivision, conditional use or site
plan approval, shall apply. Whenever approval of a conditional use
is requested by the developer in conjunction with a site plan or subdivision,
notice of the hearing on the plat shall include reference to the request
for such conditional use.
[Amended 12-7-2021 by Ord. No. 2021-17]
Any appeal for a variance to allow a structure
or use in a district restricted against such structure or use shall
have three copies of all supporting documents and the application
filed with the administrative officer. One copy shall be forwarded
to the Land Use Board by the administrative officer together with
a notice of the hearing date. The Land Use Board shall review the
material and may make recommendations to the Land Use Boardt at the
public hearing on the application. The Land Use Board's recommendations
may contain, among other things, the Land Use Board's opinion as to
the compatibility of the proposal to the Master Plan; applications
which may have been or are currently being processed by the Land Use
Board for similar uses elsewhere in the Township; land use, traffic
and other data relevant to the application which the Land Use Board
has in its files; and what conditions, if any, the Land Use Board
would recommend be imposed on the applicant to improve compatibility
with the Master Plan and Part 1, Zoning, should the Land Use Board
grant the variance.
A. No final plat shall be approved by the approving authority until all improvements (on-site, off-site and off-tract) for which a bond is required in the public interest have been installed, inspected and certified as approved and conforming to the requirements of this Part
2 and any other applicable law and the conditions of preliminary approval by the Municipal Engineer and the approving authority, and a maintenance guaranty has been filed and accepted by the governing body in accordance with the requirements of this section, or their installation shall have been provided for by a performance guaranty accepted and approved by the governing body in accordance with the requirements of this section. No maintenance bond shall be accepted nor shall any partial facility be accepted for any item which has further stages of work to be completed or which will need to be altered or reworked in any manner due to the installation or connection of any other facility. The performance guaranty cost estimate shall be based on the cost of installation of all improvements required for final approval or for the issuance of a zoning permit, as the case may be, except that for off-tract improvements, the performance guaranty cost estimate shall be calculated as provided in §
100-180C of this Part
2 and otherwise as provided in this section. In calculating such estimate, allowance shall be made for the cost of any prevailing wage determined pursuant to state or federal law if such wage would have to be paid by the Township or a party under contract with it were the Township to install the improvements on default of the obligor on the guaranty. The performance guaranty cost estimate shall take account of improvements installed prior to application for approval that do not meet the standards of this Part
2 or other regulations. With regard to subdivisions where excess excavated material will be exported to an off-site disposal area, or where borrow material will be imported from an off-site source, the cost of such exporting and importing shall also be included in the performance guaranty cost estimate.
[Amended 4-15-1980 by Ord. No. 80-6; 9-2-2008 by Ord. No. 2008-16]
B. A performance guaranty cost estimate shall be submitted
to the approving authority by the Municipal Engineer as part of his
report on preliminary and final plat review. The approving authority
may request the Municipal Engineer to review and update this estimate
from time to time as required.
C. The proposed performance guaranty required for final
plat approval shall be submitted to the Municipal Engineer and municipal
authority for recommendations as to accuracy and form and them to
the governing body for approval and acceptance by resolution.
(1)
The portion of the performance guaranty consisting
of cash or certified check shall be deposited with the Township by
payment to the Township Treasurer. The Township Treasurer shall issue
a receipt for such deposits and shall retain the deposits as security
for completion of all requirements, to be returned to the developer
on completion of all required work or, in the event of default on
the part of the developer, to be used by the Township to pay the costs
of completing the requirements. If the required improvements are not
completed or corrected in accordance with the performance guaranty
and the standards of the Township within the stipulated time, but
no longer than two years, the obligor and surety for any bond shall
be liable thereon to the Township for the reasonable cost of the improvements
not completed or corrected, and, upon authorization by the governing
body, the Township Attorney shall take the necessary steps to obtain
such cost from the obligor and surety. The Township may, either prior
to or after receipt of the proceeds of the performance guaranty, complete
such improvements.
(2)
The total performance guaranty shall equal 120%
of the performance guaranty cost estimate and shall include a time
limit, not to exceed two years, for the proper and complete installation
of the improvements for which the guaranty is given. Ninety percent
of this total shall be in either cash, certified check or surety bond
as specified above. The remaining 10% shall be in cash and shall be
paid in like manner and under the same conditions as the security
aforesaid. In the event of default, the ten-percent cash fund herein
mentioned shall be first applied to the completion of the requirements,
and the additional cash, certified check or surety bond shall thereafter
be resorted to, if necessary, for the completion of the requirements.
The surety bond or document submitted and approved with the cash or
certified check may recite the foregoing provision. The Municipal
Engineer's certification that the principal has satisfactorily installed
or has defaulted in meeting the required standards of construction
shall be the basis for governing body action which accepts or rejects
the improvements, withholds approval or extends the time allowed for
installation of the improvements.
D. The Township Clerk shall immediately notify the approving
authority and the Municipal Engineer when the performance guaranty
has been approved and accepted by the governing body.
E. Prior to beginning construction, the developer shall
arrange for a preconstruction conference between the developer, contractor
and Municipal Engineer. All improvements and utility installations
shall be inspected during the time of their installation by the Municipal
Engineer or his representative to ascertain satisfactory completion.
The Municipal Engineer shall be notified by the developer five days
in advance of the start of construction. The cost of said inspection
shall be the responsibility of the developer. The developer shall
deposit with the Township, for all reasonable inspection fees to be
paid to the Township Engineer for the inspection of improvements,
a certified check or bank money order to the Township Clerk in the
amount stated below. This deposit shall be in addition to the amount
of the performance guaranty, and all application fees and shall be
computed as follows:
[Amended 4-15-1980 by Ord. No. 80-6]
(1)
The construction inspection fee deposit is to be calculated from the tabulation as established in Chapter
83, Fees, based on the estimated cost of constructing the improvements (calculated in the same manner as a performance guarantee cost estimate). Which estimate is to be prepared and submitted by the applicant's engineer, and approved by the Municipal Engineer, with the concurrence of the approving authority.
[Amended 7-6-2010 by Ord. No. 2010-12A]
(2)
Improvement costs, as estimated in this section, shall include construction and installation costs of grading, pavement, surveyor's monuments, drainage structures, storm sewers, sanitary sewers and other means of sewage disposal and facilities, water mains, fire-protection features, streets, gutters, curbs, culverts, streetlighting, shade trees, parking areas, landscaping, street signs, erosion-control and sedimentation-control devices, public improvements of open space and other on-tract improvements and a portion, or all, of the cost of off-tract improvements corresponding to that portion, or all, of the cost thereof as to which a performance guaranty cost estimate is calculated under §
100-180C of this Part
2.
(3)
The deposit shall be utilized to reimburse the
Township for all reasonable inspection fees billed by the Municipal
Engineer for the inspection of improvements. Prior to the utilization
of any of such deposit for the reimbursement of such fees, the developer
shall be notified in writing by the Township Clerk. If the developer
objects to the amount of such fees as unreasonable, he shall notify
the Clerk in writing of such objection within 10 days of the giving
of such notice, otherwise he shall be deemed to have waived any right
to object to the amount of such fees. In the event that the developer
objects as aforesaid, his objections shall be heard by the governing
body.
(4)
Any of the aforesaid deposit not required for
the reimbursement of such inspection fees, following the completion
of the inspection of such improvements, shall be returned to the developer.
The developer shall reimburse the Township, however, for the amount
of such reasonable inspection fees over and above the amount of the
deposit.
F. A representative of the Municipal Engineer's office
may, at the option of the Municipal Engineer, be present at the time
all work is performed. No underground or undersurface installation
shall be covered until inspected and approved. The Municipal Engineer's
office shall be notified after each of the following phases of the
work has been completed so that he may inspect the work, road subgrade;
curb and gutter forms, curbs and gutters; road paving (after each
coat in the case of priming and scaling); drainage pipes and other
drainage structures before backfilling; shade trees and planting strips;
street name signs; and monuments.
G. When improvements (on-site, off-site and off-tract)
have been required to be made in conjunction with the approval of
a development under this Part 2, no construction permit and no certificate
of occupancy shall be issued for any dwelling or other structure designed
or to be used for human habitation or occupancy in such development
and no such dwelling or other structure shall be occupied or used
until all such required improvements serving such dwelling or other
structure, including but not limited to streets in the development
(including the surface course of paving) which lead from the dwelling
or other structure to existing public streets and all drainage facilities
which would handle drainage from such dwelling or other structure,
have been constructed or installed, inspected and certified as approved
and conforming to the requirements of this Part 2 and any other applicable
law. Notwithstanding the foregoing, shade trees need not be planted
until all grading and earthmoving is completed, and seeding of grass
areas shall be the final operation.
[Amended 3-27-1979;11-15-2005 by Ord. No. 2005-13]
H. Inspection by the Municipal Engineer of the installation
of improvements and utilities shall not subject the municipality to
liability for claims, suits or liability of any kind that may arise
because of defects or negligence, it being recognized that the responsibility
to provide proper utilities and improvements and to maintain safe
conditions at all times on all parts of the tract, whether construction
is waiting to start, is in progress or is completed, is not upon the
Municipal Engineer.
I. After completing the construction of the improvements
covered by the performance guaranty, the subdivider's engineer shall
prepare two sets of plans of the improvements and utility plans and
the profiles amended to read "as constructed," which shall be submitted
to the governing body. Upon substantial completion of all required
utility improvements, and the connection of the same to any public
system, the obligor may notify the governing body in writing, by certified
mail, addressed in care of the Township Clerk, of the completion or
substantial completion of said improvements and shall send a copy
of such notification to the Municipal Engineer. Thereupon, the Municipal
Engineer shall inspect all of the improvements of which such notice
has been given and shall, within 30 days of completing the inspection,
report in writing to the governing body indicating either approval,
partial approval or rejection of such improvements with a statement
of reasons for any rejection. The cost of the improvements as approved
or rejected shall be set forth.
[Amended 4-15-1980 by Ord. No. 80-6]
J. The governing body shall either approve, partially
approve or reject the improvements on the basis of the report of the
Municipal Engineer and shall notify the obligor in writing, by certified
mail, of the content of said report and the action of said approving
authority with relation thereto no later than 65 days after receipt
of the required 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 provision of the improvements
not yet approved, provided that 30% of the amount of the performance
guaranty posted may be retained to ensure completion of all improvements.
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
for such improvements.
[Amended 4-15-1980 by Ord. No. 80-6]
K. If any portion of the required improvements is rejected,
the approving authority may require the obligor to complete such improvements
and, upon completion, the same procedure of notification as set forth
in this section shall be followed.
L. The approval of any plat under this Part 2 by the
approving authority shall in no way be construed as acceptance of
any street, drainage system or other improvement required by this
Part 2, nor shall such plat approved obligate the Township in any
way to maintain or exercise jurisdiction over such street, drainage
system or other improvement. Acceptance of any street, drainage system
or other improvement shall be implemented only by specific and appropriate
action by the governing body.
M. The amount of any performance guaranty may be reduced
by the governing body, by resolution, when particular items of the
improvements have been certified by the Municipal Engineer to have
been completed. The time allowed for installation of the improvements
for which the performance guaranty has been provided may be extended
by the governing body 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 installation as determined as of the time of the
passage of the resolution.
[Amended 4-15-1980 by Ord. No. 80-6]
N. Maintenance guaranty. No improvement shall be accepted
by the governing body unless and until all of the following conditions
have been met:
(1)
The Municipal Engineer shall have certified
in writing that all the improvements are complete and that they comply
fully with the requirements of this Part 2 and of other applicable
law.
(2)
Except where waived as hereinafter provided,
a maintenance guaranty has been posted with the governing body for
a period of two years after final acceptance of the improvement in
the amount equal to 15% of the cost of improvement. The requirement
for a maintenance guaranty may be waived by the approving authority
as to particular or all improvements where the Township Engineer has
certified that such improvements have been in continuous use for such
period of time, not less than one year from the date of Township Engineer
has certified the completion of such improvements to the approving
authority, as gives assurance that such maintenance guaranty can be
waived and that such improvements have been maintained during such
period in a satisfactory manner.
O. Proviso. Notwithstanding the foregoing, in the event
that other governmental agencies or public utilities automatically
will own the utilities to be installed or the improvements are covered
by a performance or maintenance guaranty to another governmental agency,
no performance or maintenance guaranty, as the case may be, shall
be required by the municipality for such utilities or improvements.
[Amended 6-18-1991 by Ord. No. 1991-6]
A site plan approval, where required under Part
1 of this chapter, is to be obtained in conformity to the provisions of this Part
2. Such site plan approval is to be obtained for all development, any part of which is within this Township, which does not meet the definition of an exempt site plan as set forth in §
100-125. Site plan approval shall be required in any instance where a projected water supply demand in excess of 25 gallons per day is involved (whether the same is projected to be demanded either in a structure or outside, as, for example, for watering vegetation, and whether or not there is a new principal use involved or an increase in water usage projected in connection with a preexisting use) and the principal use in connection with which the water supply demand is projected is not a use which is specifically exempted from the requirement of site plan approval by Part
1 of this chapter. Where site plan approval is required, final site plan approval shall be obtained prior to the issuance of a building permit, industrial use permit or a zoning permit for the development.
Subdivision approval under this Part 2 is required
for any subdivision comprising or including land or premises within
this Township. No subdivision plat comprising or including any land
within this Township shall be filed, and no deed describing subdivided
land within this Township shall be recorded, with the County Recording
Officer, until after required final subdivision approval has been
obtained.
A. Before any permit shall be issued for a conditional
use, applications shall be made to the approving authority. The approving
authority shall grant or deny the application after public hearing,
but within 95 days of submission of a complete application to the
administrative officer or within such further time as may be consented
to by the applicant. Where a conditional use application involves
a site plan or subdivision, the approving authority shall review and
approve or deny the subdivision or site plan simultaneously with the
conditional use application. Failure of the approving authority to
act within the required time period shall constitute approval of the
application. In reviewing the conditional use application, the approving
authority shall review the number of employees or users of the property
and requirements of Part 1, Zoning, and shall give due consideration
to all reasonable elements which would affect the public health, welfare,
safety, comfort and convenience such as, but not limited to, the proposed
use(s), the character of the area, vehicular travel patterns and access,
pedestrianways, landscaping, lighting, signs, drainage, sewage treatment,
potable water supply, utilities and structural location(s) and orientation(s)
and shall conduct a public hearing on the application. The use for
which a conditional use is granted shall be deemed to be a permitted
use in its respective district, and each conditional use shall be
considered as an individual case. In all requests for approval of
conditional uses, the burden of proof shall be on the applicant.
B. Prior to making its decision, the approving authority
shall be satisfied that the conditional use is reasonably necessary
for the convenience of the public in the location proposed.
C. In the granting of conditional uses, the approving
authority may condition the relief granted on the obtaining of a building
permit or zoning permit, within one year or other reasonable time
specified thereafter.
[Amended 4-15-1980 by Ord. No. 80-6; 9-15-1987 by Ord. No.
1987-8; 12-7-2021 by Ord. No. 2021-17]
Any interested party may appeal to the governing
body any final decision of a Land Use Board approving an application
for a variance granted pursuant to N.J.S.A. 40:55D-70d. Such appeal
shall be made within 10 days of the date of publication of such final
decision. The appeal to the governing body shall be made by serving
the Township Clerk in person or by certified mail with a notice of
appeal specifying the grounds thereof and the name and address of
the appellant and name and address of his attorney, if represented.
Such appeal shall be decided by the governing body only upon the record
established before the Land Use Board.
A Site Plan Review Advisory Board may be created
with membership of one or more persons appointed by the Mayor for
the purpose of making recommendations to the approving authority in
regard to site plans; it shall have no power to vote or take other
action required of the approving authority.
[Added 11-8-1989 by Ord. No. 1989-11]
A. There is hereby established an Historic Preservation
Commission for the Township, pursuant to N.J.S.A. 40:55D-107 et seq.
B. The Historic Preservation Commission shall consist
of five regular and two alternate members.
(1)
Each member of the Historic Preservation Commission
shall qualify as a Class A, Class B or Class C member as set forth
below, and the Historic Preservation Commission shall include at least
one regular member in each of the following classes:
(a)
Class A: persons who are knowledgeable in building
design and construction or architectural history and who may reside
either within or outside the Township.
(b)
Class B: persons who are knowledgeable of, or
with a demonstrated interest in, local history and who may reside
inside or outside the Township.
(c)
Class C: persons who are citizens of the Township
and who are not designated as Class A or B and who hold no other municipal
office, position or employment except for membership on the Land Use
Board.
[Amended 12-7-2021 by Ord. No. 2021-17]
(d)
Alternate members shall meet the qualifications
of Class C members.
(2)
The Mayor shall appoint all members of the Commission
and shall designate at the time of appointment the regular members
by class and the alternate members as "Alternate No. 1" and "Alternate
No. 2."
(3)
The terms of the members first appointed under
this section shall be so determined that, to the greatest practicable
extent, the expiration of their terms shall be distributed, in the
case of regular members, evenly over the first four years after their
appointment, and in the case of alternate members, evenly over the
first two years after their appointment, provided that the initial
term of no regular member shall exceed four years and that the initial
term of no alternate member shall exceed two years. Thereafter, the
term of a regular member shall be four years, and the term of an alternate
member shall be two years.
(4)
A vacancy occurring otherwise than by expiration
of term shall be filed for the unexpired term only.
(5)
Notwithstanding any other provision herein,
the term of any member common to the Historic Preservation Commission
and the Land Use Board shall be for the term of membership on the
Land Use Board; and the term of any member common to the Historic
Preservation Commission and the Land Use Board shall be for the term
of membership on the Land Use Board.
[Amended 12-7-2021 by Ord. No. 2021-17]
C. The Historic Preservation Commission shall elect a
Chairman and Vice Chairman from its members and select a Secretary,
who may or may not be a member of the Historic Preservation Commission
or a Township employee.
D. Alternate members may participate in discussions of
the proceedings but may not vote except in the absence or disqualification
of a regular member. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote. A quorum shall consist of three members of the Commission.
E. No member of the Historic Preservation Commission
shall be permitted to act on any matter in which he has, either directly
or indirectly, any personal or financial interest.
F. A member of the Historic Preservation Commission may,
after public hearing if he requests it, be removed by the governing
body for cause.
G. The Historic Preservation Commission shall have the
responsibility to:
(1)
Prepare a survey of historic sites of the Township
pursuant to criteria identified in the survey report.
(2)
Make recommendations to the Land Use Board on
the historic preservation plan element of the Master Plan and on the
implications for preservation of historic sites of any other Master
Plan elements.
[Amended 12-7-2021 by Ord. No. 2021-17]
(3)
Advise the Land Use Board on the inclusion of
historic sites in the recommended capital improvement program.
[Amended 12-7-2021 by Ord. No. 2021-17]
(4)
In the event that a historic zoning district
or districts, or historic site or sites, is designated on the Zoning
or Official Map of the Township or in any component element of the
Township's Master Plan.
(a)
Advise the Land Use Board on applications for
development pursuant to N.J.S.A. 40:55D-110; and
[Amended 12-7-2021 by Ord. No. 2021-17]
(b)
Provide written reports pursuant to N.J.S.A.
40:55D-111 on the application of Part 1, Zoning, provisions concerning
historic preservation.
(5)
Carry out such other advisory, educational and
informational functions as will promote historic preservation in the
Township.
H. The Township Committee shall make provision in its
budget and appropriate funds for the expenses of the Historic Preservation
Commission.
I. The Historic Preservation Commission may employ, contract
for and fix the compensation of experts and other staff and services
as it shall deem necessary. The Commission shall obtain its legal
counsel from the Township Attorney at the rate of compensation determined
by the Township Committee. Expenditures pursuant to this subsection
shall not exceed, exclusive of gifts and grants, the amount appropriated
by the Township Committee for the Commission's use.
[Amended 3-6-1979]
The provisions of this Part 2 shall be enforced
by the Development Regulations Officer, who shall be appointed by
the Township Committee for a one year term.
The provisions of this Part 2 shall be held
to be minimum requirements. Where this Part 2 establishes both minimum
and maximum standards, both standards shall be met even though the
combination of standards may not permit development to take advantage
of all standards simultaneously. Where any provision of this Part
2 imposes restrictions different from those imposed by any other provision
of this Part 2 or any other ordinance, rule or regulation or other
provision of law, whichever provisions are most restrictive or impose
the highest standards shall control.
No site improvements such as, but not limited
to, excavation or construction of public or private improvements shall
be commenced except in conformance with this Part 2 in accordance
with plat approvals and the issuance of required permits.
A. In case any building or structure is erected, constructed,
altered, repaired, converted or maintained, or any building, structure
or land is used in violation of this Part 2 or any regulation made
under authority conferred hereby, the proper local authorities of
the Township or any interested party in addition to other remedies
may institute any appropriate action or proceedings to prevent such
unlawful erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use; to restrain, correct or abate such
violation; to prevent the occupancy of said building, structure or
land; or to prevent any illegal act, conduct, business or use in or
about such premises.
B. If, before final subdivision approval has been granted,
any person transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
approval, with an owner or agent, any land which forms a part of a
subdivision for which municipal approval is required by this Part
2, 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.
C. In addition to the foregoing, the Township may institute
and maintain a civil action for injunctive relief and 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 Land Use
Board and had adopted by ordinance standards and procedures in accordance
with N.J.S.A. 40:55D-38.
[Amended 12-7-2021 by Ord. No. 2021-17]
D. Any person, firm or corporation violating any provision of this Part
2 (except for a violation of the sort described in Subsection
B of this section) shall be punished by a fine of not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both; and each day that such violation continues shall constitute a separate offense.
[Added 9-5-1978; amended 5-4-1982 by Ord. No. 82-9; 7-6-1982 by Ord. No.
82-14]
A. Where an application for subdivision approval involves a lot fronting on a driftway as permitted by the section of Part
1, Zoning, entitled "Lots fronting on driftways," minor subdivision or final major subdivision approval
may be granted only after the following have been complied with:
(1)
Proof, by deed or otherwise, satisfactory to
the approving authority, has been submitted that the driftway (fulfilling
the definition of "driftway" in this Part 2) existed prior to March
7, 1953, and continued to exist as such (fulfilling such definition)
since that time, and also proof in the form of a document which is
recorded or suitable for recording that the owner of the proposed
lot, or owner of that lot and other lots using or having the right
to use such driftway, assumes full responsibility for the maintenance
of that portion of the driftway between the proposed lots and the
public road and has an obligation to maintain such portion of the
driftway in good and substantial condition and repair.
(2)
Proof, satisfactory to the approving authority
attorney [which shall generally be in the form of a title insurance
commitment issued to the owner(s) of the lots to be subdivided] has
been submitted to the approving authority establishing specifically
that the owner(s) of all lots to be subdivided, using such driftway
for ingress and egress to and from such lots and a public street,
have a right, title and interest which is marketable and also insurable,
by a title insurance company licensed to do business in New Jersey,
to do the following:
(a)
Use such driftway for motor vehicle traffic,
including emergency vehicles, to a width of at least 40 feet between
such lots and a public street.
(b)
Make improvements to such driftway as required
by this Part 2 for the subdivision.
(c)
Erect and maintain at the junction of such driftway
and the public street a sign stating that such driftway is a private
road.
(3)
The right of ingress and egress over such driftway to and from the proposed lot(s) and a public street is incorporated in a deed(s) to such lot(s), and there is also incorporated in such deed(s) a statement, satisfactory to the approving authority, to the effect that such driftway is a private and not a public street that there is no responsibility of the Township to accept or maintain the driftway as such. There shall also be submitted to the approving authority proof that, as to all lands, other than the proposed lot(s), which would be crossed for ingress and egress between such proposed lot(s) and a public street and on which any driftway improvement, required for subdivision hereunder, would be constructed, there already exists and has been recorded an instrument granting the owner(s) of the proposed lots the rights described in Subsection
A(2)(a),
(b) and
(c) above, or that in connection with the proposed subdivision, the applicant has obtained such instruments that they are in recordable form, duly executed and acknowledged, and will be recorded as a condition of the subdivision approval.
(4)
Any proposed lot, including so-called remaining
lands of any applicant for development, shall have a lot area of at
least five acres and a continuous frontage along said driftway of
at least 500 feet.
(5)
All of the driftway used or to be used as access
to the proposed lots, including any so-called remaining lands, from
its junction with a public street to any such proposed lot and any
adjacent lands necessary to accommodate the improvement shall be improved,
or an adequate performance guaranty as otherwise required by this
Part 2 shall be furnished by the Township for its improvement, as
follows:
(a)
The traveled way, which is also sometimes hereinafter
referred to as the road or roadway, shall be a minimum of 18 feet
in width with a crown of three inches and shall be a minimum depth
of eight inches of stone or light gravel on a graded and compacted
subgrade. A graded shoulder of a minimum width of two feet and slope
of 3% shall be provided along both sides of the road. Drainage shall
be carried along the road either within parabolic swales or along
the shoulder line unless existing drainageways are acceptable from
a flow capacity and soil erosion standpoint. Roadside cut or fill
slopes shall not exceed one vertical to three horizontal unless such
existing slopes have no evident erosion potential. Where it is deemed
necessary by the Township Engineer due to the conditions, topography
or course of the driftway and prospective traffic over it, a cul-de-sac
may be required at the terminus of the driftway improvements with
a right-of-way radius of at least 60 feet and a roadway radius of
at least 50 feet.
[Amended 7-6-1982]
(b)
Where required, parabolic swales shall be provided
along the road and shall be in accordance with criteria established
for storm sewers under the ordinance of the Township governing stormwater
runoff. They shall be of such width and depth which will control
flow velocities so that the maximum permissible flow velocity for
the given type of soil will not be exceeded. All swales shall be stabilized
with pegged sod placed in the center of the swale at a width which
will carry a five-year-frequency design storm, except that a two-foot
minimum width of sod shall be required. Swales may not be required
along the downhill side of roads if it can be demonstrated that no
adverse conditions will result due to runoff from the roadway. Where
swales are required along the downhill side, they shall be properly
bermed to prevent concentrated runoff from entering the lots. In cases
where grades are less than 5% and where roadside flows do not exceed
five cubic feet per second for a fifteen-year-frequency design storm,
the runoff may be carried along the shoulder line, provided that the
shoulder width is increased to five feet minimum.
(c)
All disturbed areas (shoulders, swales, roadside
slopes, etc.) shall receive the following: Kentucky bluegrass, 21
pounds per acre; Kentucky 31 fescue, 67 pounds per acre; Creeping
Red fescue, 25 pounds per acre; Redtop six pounds per acre; inert:
four pounds per acre; limestone: 4,000 pounds per acre; fertilizer
(10-10-10): 600 pounds per acre; and mulching either with unrotted
straw or salt hay: 1 1/2 to two tons per acre or with hydroseeding
method using wood or paper fibre mulch: 1,500 pounds per acre.
(6)
No maintenance guaranty as is otherwise provided
in this Part 2 shall be required. The Township shall have no responsibility
to construct or maintain or have constructed or maintained any of
the above-described improvements or any of the driftway.
(7)
A hearing shall be held on such application
in the same manner as is required for a major subdivision, and notice
of such hearing (in addition to any notice required where the application
is actually for major subdivision approval due to the number of proposed
lots involved or otherwise) shall be given in the same manner as is
required for a major subdivision to all owners of real property, as
shown on the current tax duplicate, which touches or lies within 200
feet of any portion of the proposed lot(s) or of the involved driftway,
including any portions beyond the proposed lot(s) [that is, portions
of the driftway which will not be crossed for ingress and egress between
the proposed lot(s) and a public roadway].
(8)
Any document as to the maintenance or use of the driftway submitted in compliance with the provisions of Subsection
A(1) or
(2) shall have been duly executed by the appropriate parties and recorded in the County Clerk's office prior to, or as a condition of, approval of the application.
(9)
Construction plans of the proposed driveway improvement shall be submitted. This plan shall be in sufficient detail so that, in the opinion of the Township Engineer, a performance cost estimate can be calculated and shall contain information and details as required in §
100-168C(3).
(10)
The applicant shall demonstrate to the satisfaction
of the Township Engineer that no surface water drainage conditions
detrimental to existing public streets would be created by existing
driveways leading into the driftway or by the driftway itself after
its improvement. The applicant may also be required to demonstrate
to the satisfaction of such Engineer that a driveway could be constructed
on lots utilizing the driftway where such lots do not now have a driveway
without creating surface water drainage conditions detrimental to
existing public streets.
(11)
The applicant shall comply with all applicable
laws, regulations and ordinance provisions regarding surface water
management, soil erosion and sediment control.
(12)
Even though an application under this section is classified as a minor subdivision, the applicant shall pay the fees as set forth in §
100-147D(1) of this Part
2 rather than the fees set forth in §
100-147B and
C.
(13)
Unless provision has already been made for the private road sign required in Subsection
A(2)(c) in connection with a prior subdivision application on a driftway, an agreement between the applicant and the Township, in a form acceptable to the approving authority attorney and which is recordable, shall be executed by the appropriate parties prior to, or as a condition of, approval of the application. This shall obligate the applicant, his legal representatives and assigns to promptly erect and to maintain in good condition, perpetually or until sooner released from such obligation by the Township, the sign required by Subsection
A(2)(c).
B. Subdivision approval under this section shall not
be granted if the granting of it would result in more than three lots,
which includes the remainder of the original lot being created within
a twelve-month period.