A.
No subdivision plat may be filed with the county recording officer
until it has been approved by resolution of the Planning Board or,
where appropriate, by resolution of the Zoning Board of Adjustment.[1]
B.
No permit for any development, except as set forth below, may be
issued until approval of site plans has been obtained by resolution
of the Planning Board or, where appropriate, by resolution of the
Zoning Board of Adjustment.[2] Individual lot applications for detached one-dwelling-unit
buildings shall be exempt from site plan review or approval. The Planning
Board may waive site plan approval or delegate the authority to the
Zoning Officer. Any request for waiver of site plan shall be reviewed
by the Township Planner, who shall submit a report to the Planning
Board. All costs of said review shall be met by the applicant through
the submitting of fees and escrows equal to 1/2 the amount for preliminary
site plan approval.
[Amended 6-3-1991 by Ord. No. 8-91]
C.
Minor site plan.
[Added 12-7-1992 by Ord. No. 25-92]
(1)
When an application is submitted for change of business tenant or
home occupation or for modification of a business property relating
to an area of 100 square feet or less not otherwise affecting on-site
circulation, parking, lighting, waste disposal, recycling, drainage
or other public health and safety issues, the applicant may apply
for minor site plan approval. This process is intended to be an expedited
process balancing the need of the municipality to ensure that the
public's health, safety and welfare are properly safeguarded with
the municipal objective of ensuring that the process is least cost
to the applicant and minimally time consuming. An application for
minor site plan shall include:
(2)
The fee for minor site plan shall be $200 except in the case of a
home occupation application where the fee shall be $50, plus an escrow
deposit of $1,000 except in the case of a home occupation application
where the escrow deposit shall be $300. Unused escrow will be refunded
to the applicant upon issuance of a certificate of occupancy.
[Amended 9-8-1997 by Ord. No. 97-10]
(3)
Any and all home occupations currently in existence as of the date of adoption of this Subsection C may submit an application for review to the Township Planning Board in accordance with the above provisions and the provisions of Chapter 105, Zoning, of the Code of the Township of Liberty for review.
(4)
Upon the finding by the Township that the existing activity does
not have an adverse impact on adjacent properties and is not such
as to pose a hazard to the public health, safety and welfare, such
use shall be established as a properly approved use within the Township
and a certificate of occupancy shall issue.
Where application for subdivision or site plan approval is required
to be made to the Warren County Planning Board pursuant to N.J.S.A.
40:27-6.3 or 40:27-6.6 (Sections 5 and 8 of P.L. 1968, c. 285), the
Planning Board shall condition any approval that it grants upon timely
receipt of a favorable report on the application from the County Planning
Board or upon approval by the County Planning Board by its failure
to report thereon within the required time period.
[Added 2-1-1988]
A.
Complete application. An application for development shall be completed
for the purpose of commencing the applicable time period for action
when the application is deemed complete by the Planning Board in action
taken at a regularly scheduled meeting or at a special meeting where
the same is deemed necessary by the Board.
B.
Procedures for applications for development.
(1)
All applications for development, whether before the Planning Board
or the Board of Adjustment,[1] must be complete applications before the respective approving
authority will take any action on the application. All applicable
time periods for action will commence when the application is deemed
complete by the approving authority.
(2)
All applications for development must be submitted a full 21 days
prior to the meeting of the approving authority at which it is to
be heard and must be accompanied by a completed checklist indicating
the items submitted.
(3)
The applicant will be notified if an application is deemed complete
or incomplete not later than 45 days after submission of such an application.
In the event that the applicant is notified that the application has
been deemed complete, said notification will include a date at which
the application may be heard by the Planning Board or Board of Adjustment,[2] as appropriate. At that time the applicant shall serve
notice to all appropriate parties as indicated in N.J.S.A. 40:55D-10.
[Amended 9-8-1997 by Ord. No. 97-10]
(4)
In the event that the approving authority has not deemed the application
complete within 45 days of the date of its submission, the application
shall be deemed complete upon the expiration of the forty-five-day
period for purposes of commencing the applicable time period unless:
(5)
The applicant may request that one or more of the submission requirements
be waived, in which event the approving authority shall grant or deny
the request within 45 days.
(6)
Nothing herein shall be construed as diminishing the applicant's
obligation to prove in the application process that he is entitled
to approval of the application.
(7)
The approving authority may subsequently require correction of any
information found to be in error and submission of additional information
not specified in this chapter or any revisions in the accompanying
documents as are reasonably necessary to make an informed decision
as to whether the requirements necessary for approval of the application
have been met.
C.
Checklist requirements.
(1)
Listed in Subsection C(2) below are the types of applications for development and a listing of the checklist requirements of Subsection C(2) which must be complied with for each type of application. The checklist is intended as a general reference for the applicant, and it is not intended to replace or supersede the actual provisions of this chapter. In addition, it is the sole responsibility of the applicant to determine prior to the submission of the application whether or not any variances are required and which municipal board the applicant should be before.
(2)
Checklist requirements.
(a)
Required items shall be as follows:
[1]
[7]
Application or appeal for a bulk variance, pursuant to N.J.S.A.
40:55D-70c: Items in Subsection C(2)(b)[1] through [6] and [12] [13],
[15] and [16] are required and any other checklist requirements dependent
on the nature of the application, i.e., site plan, subdivision, etc.
[8]
Conditional use application: Items in Subsection C(2)(b)[1]
through [6] and [12], [13], [15] and [18] are required and any other
checklist requirements dependent on the nature of the application,
i.e., site plan, subdivision, etc.
[9]
Application or appeal for a use variance, pursuant to N.J.S.A.
40:55D-70d: Items in Subsection C(2)(b)[1] through [6] and [8], [9],
[12], [13], [15], [17] and any other checklist requirements dependent
on the nature of the application, i.e., site plan, subdivision, etc.
[10]
Request for interpretation of Zoning Map or Ordinance,
pursuant to N.J.S.A. 40:55D-70b: Items in Subsection C(2)(b)[1] through
[6] and [12] and [19] and any other checklist requirements dependent
on the nature of the application, i.e., site plan, subdivision, etc.
[11]
Application or appeal for a variance for a building
lot which does not abut a street, pursuant to N.J.S.A. 40:55D-36:
Items in Subsection C(2)(b)[1] through [6] and [12], [13] and [16]
and any other checklist requirements dependent on the nature of the
application, i.e., site plan, subdivision, etc.
[12]
Application for concept approval: Items.
[Added 11-2-1995 by Ord. No. 25-95]
A.
The applicant shall file with the Secretary of the Planning Board 12 black- or blue-on-white prints of a concept plan which has been certified by a land surveyor licensed by the State of New Jersey, together with three completed applications for classification, the required fee and the materials set forth in Subsection E of this section. Applications shall be completed in accordance with § 90-6.1 of this chapter.
[Amended 2-1-1988; 11-2-1995 by Ord. No. 25-95]
C.
An application number will be assigned to the application by the
Secretary and will be used on all papers, maps and documents submitted
in conjunction with the application.
D.
The Secretary of the Planning Board shall forward one copy of the
submitted materials to each of the following persons: the Township
Engineer, the Zoning Officer, the Construction Official, the Township
Planner and the Chairman of the Subdivision and Site Plan Review Subcommittee
and shall request each to review the application and report their
findings and recommendations to the Board prior to the next regular
meeting of the Board.
[Amended 7-6-1987; 11-2-1995 by Ord. No. 25-95]
E.
Concept plan materials.
[Amended 2-1-1988; 8-7-1989 by Ord. No. 6-89; 11-2-1995 by Ord. No. 25-95]
(1)
The following concept plan materials must be submitted by the applicant:
(a)
A site location or key map at a scale of not less than one inch
equals 1,000 feet showing the relation of the property to be subdivided
to the entire tract and the relation of the entire tract to the surrounding
areas for at least 1,000 feet beyond the boundaries of the entire
tract.
(b)
Existing and proposed streets and roads.
(c)
Significant natural and man-made features, including streams,
wetlands and other water bodies, topography of the site with specific
reference to slopes in excess of 25%, highly erodible soils, historic
sites, subsurface geology, etc.
(d)
Zone district and requirements thereof.
(e)
Title, North point, written and graphic scales, Tax Map sheet
and the block and lot number of the tract.
(f)
The name of the applicant, owner and preparer of plans.
(2)
Minor subdivisions. A detailed plat of the proposed subdivision based
on survey data by a licensed land surveyor (minor subdivision) or
Tax Map data (concept major subdivision) at a scale of between one
inch equals 50 feet and one inch equals 200 feet (concept) to clearly
show, delineate and include the following data:
(a)
Existing lots, buildings and structures, driveways, streets
and roads, brooks, streams, drainage ditches, floodplain delineations,
individual and public water and sewerage facilities on the tract and
within 200 feet thereof, including the names of all adjoining property
owners as described by the most recent municipal tax records. In addition
thereto, all wetlands and other significant environmental features
shall also be shown.
(b)
Proposed dedications and reservations of areas for streets and
roads, drainage rights-of-way, conservation areas and school sites
on the tract and within 200 feet thereof.
(c)
Proposed lot and street lines with dimensions, lot areas shown
in square feet and zoning setback front, side and rear yard lines.
All lot lines shall be shown to the nearest second, distances shall
be shown to the nearest 1/100 of a foot and lot areas shall be shown
in square feet.
(d)
The plat shall also contain a title, name of subdivision tract,
if any, North point, written and graphic scales, date, name, address,
seal and signature of land surveyor who prepared the plan, dates of
all revisions, Tax Map sheet, block and lot numbers and acreage of
tract being subdivided, as well as the name and address of the owner
and subdivider so designated, as well as North arrow and reference
meridian.
(e)
Where a public sewerage system is not available and individual
sewage disposal facilities must be utilized, the developer shall perform
two percolation tests no closer than 20 feet to each other and no
further than 40 feet from each other with rates of no greater than
60 minutes and two soil logs no closer than 20 feet to each other
and no further than 40 feet from each other with no evidence of seasonal
high-water table of less than 24 inches, the same to be witnessed
by the Warren County Health Department for each lot in question, including
the remainder following the provisions of P.L. 1954, c. 199, and amendments[2] and shall submit the results with the preliminary plat. Any subdivision or part thereof which does not meet with established requirements of P.L. 1954, c. 199, for design and construction of an individual sewage disposal system shall not be approved for building purposes. Any remedy proposed to overcome such a situation shall first be approved by the appropriate local, county or state health agency. The developer shall submit a plan showing proposed location of individual systems and shall also submit typical designs and layouts for individual sewage disposal systems, the location and results of soil logs and percolation tests performed on each lot, including the remainder, two logs and two percolation tests to be performed on each lot. Tests with rates in excess of 60 minutes per inch or indication of seasonal high-water table at 24 inches or less are not acceptable. All soil logs and percolation tests performed for development applications must be witnessed by the Township Engineer or his designee in accordance with the requirements outlined in Chapter 125 of the Municipal Code.
[2]
Editor's Note: See N.J.S.A. 58:11-23 et seq.
(f)
The plat shall contain a delineation of wetlands in metes and
bounds and by type as defined by the United States Army Corps of Engineers,
which data shall be signed by a qualified environmentalist. Further,
upon the effective date of any legislation with respect to regulations
defining wetlands and standards with respect to the development thereof
and causing the implementation of said regulations to come within
the jurisdiction of the New Jersey State Department of Environmental
Protection, then and in that event, the developer shall adhere to
those then effective standards.
(g)
Location of all monuments to be set. At least one monument shall
be located at the conjunction of a property corner and a public street.
Said monument shall be inscribed with the elevation at the top of
the monument relative to MSL.
[Added 12-7-2000 by Ord. No. 2000-11]
H.
Minor subdivision approval shall be deemed to be a final approval
of the subdivision by the Board, but the Board may condition such
approval on terms which ensure the construction of improvements as
may be required under this chapter.
I.
Minor subdivision approvals shall be granted or denied within 45
days of the date of submission of a complete application to the Planning
Board or within such further time as may be consented to by the applicant.
Approval of a minor subdivision shall expire 190 days from the date
on which the resolution of municipal approval is adopted, unless,
within such period, a plat in conformity with such approval and the
provisions of the Map Filing Law,[5] or a deed clearly describing the approved minor subdivision,
is filed with the county recording officer, the Township Engineer
and the Township Tax Assessor.
[Amended 6-1-1992 by Ord. No. 15-92]
(1)
The Planning Board may also extend the one-hundred-ninety-day period
for filing a minor subdivision plat or deed as hereinabove set forth
if a developer proves to the reasonable satisfaction of the Planning
Board that the developer was barred or prevented, directly or indirectly,
from filing said map because of delays in obtaining legally required
approvals from other governmental or quasi-governmental entities and
that the developer applied promptly for and diligently pursued the
required approvals. The length of the extension shall be equal to
the period of delay caused by the wait for the required approvals,
as determined by the Planning Board. The developer may apply for the
extension either before or after what would otherwise be the expiration
date.
(2)
The Planning Board shall grant an extension of minor subdivision
approval for a period determined by the Board, but not exceeding one
year from what would otherwise be the expiration date, if the developer
proves to the reasonable satisfaction of the Board that the developer
was barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued the required approvals. A developer shall
apply for the extension before what would otherwise be the expiration
date of minor subdivision approval or before the 91st day after the
developer receives the last legally required approval from other governmental
entities, whichever occurs later.
[5]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
J.
Failure of the Planning Board to act within the period prescribed
shall constitute minor subdivision approval, and a certificate of
the administrative officer as to the failure of the Planning Board
to act shall be issued on request of the applicant.
K.
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision approval was
granted shall not be changed for a period of two years after the date
of minor subdivision approval, provided that the approved minor subdivision
shall have been duly recorded as provided in this section.
A.
At least 12 black- or blue-on-white prints of a preliminary plat and such other information as is hereafter required and three complete application forms for preliminary approval shall be submitted to the Secretary of the Planning Board not more than 25 days nor less than 21 days prior to a regular meeting of the Planning Board at which the application is to be considered. Applications shall be completed in accordance with § 90-6.1 of this chapter.
[Amended 2-1-1988]
B.
The Secretary of the Planning Board shall forward one copy of the
application to each of the following: the Township Clerk, the Township
Planner, the Township Engineer and the Chairman of the Subdivision
and Site Plan Review Committee and Warren County Planning Board, and
shall request that each file a written report of findings and recommendations
forthwith for submission to the Planning Board at its next regular
meeting.
[Amended 8-7-1989 by Ord. No. 6-89]
C.
The Secretary of the Board shall also forward one copy of the application
to each of the following: the Board of Health, the Board of Education,
the Police Department, the Fire Department and such others as directed
by the Chairman of the Planning Board, and shall request them to file
a written report of findings and recommendations for submission to
the Planning Board at its next regular meeting.
D.
The administrative officer shall notify the applicant of the time
and place of a public hearing, and the applicant shall then comply
with the notice and hearing requirements of this chapter.
E.
If the application for development is found to be incomplete, the developer shall be notified, in writing, thereof within 45 days of submission of such application or it shall be deemed to be properly submitted. All soil logs and percolation tests performed for development applications must be witnessed by the Township Engineer or his designee in accordance with the requirements outlined in Chapter 125 of the Municipal Code.
F.
The purpose of the preliminary plat is to transfer the proposals
of the sketch plat to a precise base to verify their feasibility and
merit. All drawings are to be prepared and certified by a professional
engineer and a land surveyor. The following preliminary plat materials
and detail design plans and data must be presented:
(1)
A site location or key map, not smaller than one inch equals 1,000
feet, showing the relation of the portion to be subdivided to the
entire tract and the relation of the entire tract to its surrounding
areas for at least 1,000 feet beyond the tract. The key map shall
show and include for the area delineated thereon:
(a)
Existing and proposed streets and roads, streams and watercourses,
floodplain delineations, conservation areas, parks, schools and governmental
facilities and sites and lots and at least one intersection, per the
Tax Map.
[Amended 8-7-1989 by Ord. No. 6-89]
(b)
Delineations and classifications of all zoning districts for
the areas shown.
(c)
North point, written and graphic scales and Tax Map sheet, block
and lot numbers of the tract being subdivided.
(d)
In addition to the above, a site layout map shall be prepared
at the scale of the appropriate Township Tax Map.
[Added 8-7-1989 by Ord. No. 6-89]
(2)
A preliminary plat map of the proposed subdivision using a land survey
as a base, drawn at a scale of between one inch equals 20 feet to
one inch equals 100 feet to clearly show, delineate and include the
following data:
[Amended 2-1-1988; 8-7-1989 by Ord. No. 6-89]
(a)
Lot layout, lot dimensions and individual lot areas, in square
feet. All lot bearings shall be to the nearest hundredth of a foot,
lot areas to the nearest foot.
(b)
Existing contours, based on United States Geological Survey
datum, at vertical intervals of not greater than two feet, together
with spot elevations to determine general slope and natural drainage
of the land and high and low points. For all land with slopes in excess
of 15% contours shall be shown at five-foot intervals. Floodplain
delineations for the one-hundred-year storm shall be shown.
(c)
Existing lots, buildings and structures, with an indication
of whether they will be retained or removed, and the extent of wooded
areas, including isolated individual trees over 18 inches in diameter.
(d)
Existing and proposed streets, easements, suggested street names,
proposed building setback lines for each street, dedication and reservations
of areas for drainage rights-of-way, parks, conservation areas and
floodplain delineations.
(e)
General note delineating proposed methods of water supply and
sewage disposal to service the development tract.
(f)
A title, name of subdivision tract, if any, North point reference
meridian, written and graphic scale, name, address, seal and signature
of engineer and land surveyor who prepared the plan, date of all revisions,
Tax Map sheet, block and lot numbers and acreage of tract being subdivided,
as well as name and address of the owner and subdivider so designated
and delineation and names of all adjacent property owners within 200
feet of the boundary of the subdivision tract.
(g)
A delineation of wetlands in metes and bounds and by type as
defined by the United States Army Corps of Engineers, which data shall
be signed by a qualified environmentalist. Further, upon the effective
date of any legislation with respect to regulations defining wetlands
and standards with respect to the development thereof and causing
the implementation of said regulations to come within the jurisdiction
of the New Jersey State Department of Environmental Protection, then
and in that event, the developer shall adhere to those then effective
standards.
(h)
All plats shall be drawn so as to be consistent with and tied
into the New Jersey State Plan Coordinate System dated 1983 or as
thereafter amended.
[Added 12-6-2001 by Ord. No. 2001-9]
(3)
Preliminary design plans and data shall be submitted and shall include
details of all designs, constructions and proposed improvements to
be made and installed as part of the overall project and shall include:
(a)
Plans and profiles at a scale not smaller than one inch equals
50 feet horizontal and one inch equals five feet vertical and cross-sections
at a scale not smaller than one inch equals five feet (horizontal
and vertical) of all proposed streets within the subdivision and existing
streets abutting the subdivision. The chord bearings, distances, arc
lengths and radii of all curves along all street lines shall be shown.
(b)
Typical cross-sections for all streets, indicating dimensions,
materials and types of construction of roadway pavements, curbs, sidewalks,
planting strips, driveway entrances, shade tree plantings, grading,
etc.
(c)
Maps, profiles, plans and supporting data showing existing area
drainage, both on- and off-site, upstream and downstream watercourses,
structures, brooks and floodplain delineations, including area and
runoff calculations and engineering evaluations of existing facilities
and their ability to accept increased runoff, and plan proposals for
improvements to existing facilities and proposed additional areawidei
drainage constructions shall be submitted.
(d)
Maps, profiles, plans, calculations, details of design and construction
of all on-site drainage facilities proposed, including plans for all
final site grading. Contours for final site grading shall be based
on United States Geological Survey datum and shall be at a vertical
interval of not greater than one foot, with spot elevations at all
high and low points shown.
(e)
Where a public sewerage system is not available and individual
sewerage disposal facilities must be utilized, the developer shall
perform two percolation tests no closer than 20 feet to each other
and no further than 40 feet from each other with rates of no greater
than 60 minutes and two soil logs no closer than 20 feet to each other
and no further than 40 feet from each other with no evidence of seasonal
highwater table of less than 24 inches, the same to be witnessed by
the Warren County Health Department for each lot in question, including
the remainder following the provisions of P.L. 1954, c. 199, and amendments[1] and shall submit the results with the preliminary plat.
Any subdivision or part thereof which does not meet with established
requirements of P.L. 1954, c. 199, for design and construction of
an individual sewage disposal system shall not be approved for building
purposes. Any remedy proposed to overcome such a situation shall first
be approved by the appropriate local, county or state health agency.
The developer shall submit a plan showing the proposed location of
individual systems and shall also submit typical designs and layouts
for individual sewage disposal systems.
[Amended 2-1-1988]
[1]
Editor's Note: See N.J.S.A. 58:11-23 et seq.
(f)
Detailed plans of other utility layouts proposed for gas, telephone
and electric, showing connections to existing or proposed public utilities,
together with letters of assurance that such utilities will be provided.
(g)
Detailed maps and plans for any open space proposed to be dedicated
for playgrounds, conservation areas or other public or private uses,
together with plans for any improvements or constructions to be made
thereon.
(4)
A true copy of any existing or proposed easements, covenants or deed
restrictions applying to the land being subdivided or certification
that no such covenants or restrictions exist and none will be imposed
upon the land by the subdivider.
(5)
A soil erosion and sediment control plan, which shall contain a map
at a scale of one inch equals 100 feet (1:1,200), showing the following.
For all slopes in excess of 15%, contours shall be shown at five-foot
intervals.
[Amended 8-7-1989 by Ord. No. 6-89]
(a)
Topography of the site, showing contours at two-foot intervals
and delineating floodways and flood fringe areas.
(b)
Proposed measures for soil erosion and sediment control.
(c)
The sequence of installation of soil erosion and sediment control
measures as related to the progress of the project.
(d)
Detailed engineering plans containing a site plan showing proposed
grading and performance capabilities of soil erosion and sediment
control measures and soil conservation service approval.
(6)
A surface water runoff control plan, which shall contain a map or
maps at a scale of one inch equals 100 feet (1:1,200), showing:
(a)
The location of all swamps, floodplains, floodways, flood hazard
areas, marshlands, streams, drainage ditches, drainageways, watercourses,
berms, terraces, grassed waterways, swales, ditches, woodlands and
rock formations.
(b)
Proposed measures for surface water runoff control before, during
and after disturbance, which shall meet the standards set forth in
this chapter.
(c)
The sequence of installation of the surface water runoff control
measures as related to the progress of the project.
(8)
Constraints calculations and areas, as required in § 90-14H.
[Added 8-7-1989 by Ord. No. 6-89]
(a)
The development of environmentally sensitive lands is to be
minimized. The following categories of land are determined to be environmentally
sensitive as to impose constraints upon their use:
(b)
In order that these areas are not developed beyond reasonable
densities, the following constraints factors shall be applied in calculating
total lots permitted and each lot in a subdivision. No lot size in
excess of five non-wetland/water constrained acres shall be required
nor shall any resulting lot contain less area than that required in
the zone.
|
Constraint
|
Factor
| |
|---|---|---|
|
Wetlands
|
0.0
| |
|
Water bodies, etc.
|
0.0
| |
|
Slopes in excess of 25%
|
0.2
| |
|
Slopes between 15 and 25%
|
0.33
| |
|
Areas of seasonal high-water table (3 feet)
|
0.33
| |
|
Areas of bedrock (4 feet)
|
0.33
| |
|
Nonconstrained land
|
1.00
|
|
NOTE: A base equal to 1.0 acre lot size is used in all calculations.
|
|
Sample calculations
| ||
|
100 acres:
| ||
|
60 acres nonconstrained
| ||
|
10 acres wetland
| ||
|
10 acres at 25% grade
| ||
|
10 acres at 15% to 25% grade
| ||
|
10 acres at seasonal high-water table
| ||
|
60 acres x 1.0
|
= 60
| |
|
10 acres x 0.0
|
= 00
| |
|
10 acres x 0.2
|
= 2
| |
|
10 acres x 0.33
|
= 3.3
| |
|
10 acres x 0.33
|
= 3.3
| |
|
Total result
|
= 68.6 acres
| |
|
1-acre zone, 68 lots
| ||
|
NOTE: Each individual shall meet the minimum area requirements
for the zone after the constraints are factored in.
| ||
G.
Upon submission of a complete application for a subdivision of 10
lots or fewer, the Planning Board shall grant or deny preliminary
approval within 45 days of the date of such submission or within such
further time as may be consented to by the developer. Upon submission
of a complete application for a subdivision of more than 10 lots,
the Planning Board shall grant or deny preliminary approval within
95 days of the date of such submission or within such further time
as may be consented to by the developer. Otherwise, the Planning Board
shall be deemed to have granted preliminary approval for the subdivision.
H.
If the Planning Board requires any substantial amendment in the layout
of improvements proposed by the developer that have been the subject
of a hearing, an amended application shall be submitted and proceeded
upon as in the case of the original application.
I.
Effect of preliminary approval.
(1)
Preliminary approval of a major subdivision shall confer upon the
applicant for a period of three years from the date on which the resolution
of preliminary approval was adopted all the rights specified in N.J.S.A.
40:55D-49, including the right to apply for extensions thereof as
set forth in said section.
[Amended 6-1-1992 by Ord. No. 15-92]
(2)
In the case of a subdivision of an area of 50 acres or more, the
Planning Board may grant the rights referred to in Subsection I(1)(a),
(b) and (c) above for such period of time longer than three years
as shall be determined by the Planning Board to be reasonable, taking
into consideration the number of dwelling units and nonresidential
floor area permissible under preliminary approval, economic conditions
and the comprehensiveness of the development. The applicant may apply
for thereafter and the Planning Board may thereafter grant an extension
to preliminary approval for such additional period of time as shall
be determined by the Planning Board to be reasonable, taking into
consideration the number of dwelling units and nonresidential floor
area permissible under preliminary approval, the potential number
of dwelling units and nonresidential floor area of the section or
sections awaiting final approval, economic conditions and the comprehensiveness
of the development, provided that, if the design standards have been
revised, such revised standards may govern.
A.
The Planning Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final approval, the conditions of preliminary and construction approval and the standards prescribed by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.). Applications shall be completed in accordance with § 90-6.1 of this chapter.
[Amended 2-1-88]
B.
Pursuant to time limitations set forth according to law and other
requirements of this chapter concerning installation of improvements
for major subdivisions, an applicant may, within in such time limitations
and after required improvements are installed, apply for final plat
approval of a major subdivision.
C.
Not more than 21 days nor less than 14 days prior to a regular meeting
of the Planning Board, the applicant shall file with the Secretary
of the Planning Board the original cloth or Mylar tracing, one duplicate
tracing on cloth or Mylar, two black-on-white cloth prints and 12
black- or blue-line white prints of the final plat, which has been
certified by a land surveyor licensed by the State of New Jersey,
together with three completed applications for final approval, the
required fees and all materials set forth below.
D.
The final plat shall be drawn in ink on cloth or Mylar at a scale
of one inch equals 100 feet. It shall meet all statutory requirements
for map filing with the county recording officer. The final plat shall
show or be accompanied by the following information and certification:
(2)
Tract boundary lines, right-of-way lines of streets, street names,
easements and other rights-of-way, land to be reserved or dedicated
to public use, all lot lines and other site lines; with accurate dimensions,
bearings or deflection angles and radii, arcs and central angles of
all curves.
(3)
The purpose of any easement or land reserved or dedicated to public
use shall be designated, and the proposed use of a site other than
residential shall be noted.
(4)
The Tax Map sheet, block and lot numbers assigned by the proper authority.
(5)
Minimum building setback lines on all lots and other sites.
(6)
Location and description of all monuments and location and elevation
of a permanent benchmark, accessibly placed, together with a notation
as to the datum from which it was established.
(7)
The names of owners of adjoining land.
(8)
Certification by a licensed engineer or licensed surveyor that he
prepared the plat.
(9)
Certification that the applicant is agent or owner of the land or
that the owner has given consent under an option agreement.
(10)
When approval of the plat is required by an officer or body of the
municipality, county or state, approval shall be certified on that
plat.
(11)
A certificate from the Tax Collector that all taxes are paid to date.
(12)
One original Mylar or cloth tracing and six black-or blue-line paper
prints of as-built plans and profiles, showing streets, curbs, sidewalks,
storm drains, sanitary sewers, water mains and gas, electric and telephone
utilities, including individual building or lot connections for all
required development improvements.
(13)
Certification by the developer's engineer that all required on- and
off-tract improvements have been indicated on the final plat.
(14)
Certification by the Township Clerk that a performance guaranty for
bondable improvements, as hereafter set forth, has been furnished.
(15)
Certification by the Township Clerk that a maintenance bond, not
to exceed 15% of the cost of the improvements, has been posted with
the governing body for all on-tract improvements. This maintenance
guaranty shall be posted for a period not to exceed two years after
final acceptance of the improvement. 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 6-3-1991 by Ord. No. 8-91]
(16)
Certification by the Township Clerk that all inspection fees have
been paid.
(17)
Certification by the Township Clerk that the developer's prorated
cost of reasonable and necessary off-tract improvements has been posted.
(18)
Certification by the Township Clerk that all assessments have been
paid, if applicable.
(20)
An as-built drawing shall be submitted showing all utilities as constructed;
all conservation areas shall be described by metes and bounds, as
shall other easements required by the Board.
[Added 8-7-1989 by Ord. No. 6-89]
(21)
A delineation of wetlands in metes and bounds and by type as defined
by the United States Army Corps of Engineers, which data shall be
signed and sealed by a qualified environmentalist. Further, upon the
effective date of any legislation with respect to regulations defining
wetlands and standards with respect to the development thereof and
causing the implementation of said regulations to come within the
jurisdiction of the New Jersey State Department of Environmental Protection,
then and in that event, the developer shall adhere to those then-effective
standards.
[Added 2-1-1988]
(22)
At least one monument shall be located at the conjunction of a property
corner and a public street. Said monument shall be inscribed with
the elevation at the top of the monument relative to MSL.
[Added 12-7-2000 by Ord. No. 2000-11]
E.
Prior to the granting of final approval or the recording of the final subdivision plan, the subdivider shall have installed all improvements or shall have furnished a performance guaranty to ensure installation of improvements required. The posting of the performance guaranty in favor of the municipality shall be in an amount not to exceed 120% of the cost of installation or bondable improvements, which cost shall be estimated by the Municipal Engineer. The capital fee for cost of improvements shall be based upon the requirements of the design standards and improvements set forth in this chapter, Chapter 53, Driveways, or such other standards as may apply and shall be based on documented construction costs for public improvements prevailing in the general area of the Township. The developer may appeal the Municipal Engineer's estimate to the governing body. The governing body shall decide the appeal within 45 days of receipt of the appeal, in writing, by the Municipal Clerk. After the developer posts a guaranty with the municipality based on the cost of the installation of improvements as determined by the governing body, he may institute legal action within one year of the posting in order to preserve the right to a judicial determination as to the fairness and reasonableness of the amount of the guaranty. If any portion of any required improvements is rejected by the Township and the Township is forced to complete such improvements with the proceeds of the performance guaranty, such completion of improvements shall be subject to the bidding requirements of the Local Public Contracts Law.[2]
[Amended 8-7-1989 by Ord. No. 689; 6-1-1992 by Ord. No. 15-92; 10-6-1997 by Ord. No. 97-14]
[2]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
F.
In regard to performance guaranties, the following procedures shall
be followed:
(1)
The amount of any performance guaranty may be reduced by the governing
body, by resolution, when portions of the improvements have been certified
by the Township 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 said body by resolution.
(2)
If the required improvements are not completed or corrected in accordance
with the performance guaranty, the obligor and surety, if any, shall
be liable thereon to the municipality for the reasonable cost of the
improvements not completed or corrected, and the municipality may,
either prior to or after the receipt of the proceeds thereof, complete
such improvements.
(3)
When all of the required improvements have been completed, the obligor
shall notify the governing body, in writing, by certified mail addressed
in care of the Township Clerk, of the completion of said improvements
and shall send a copy thereof to the Township Engineer. Thereupon,
the Township Engineer shall inspect all of the improvements and shall
file a written report with the governing body, indicating either approval,
partial approval or rejection of the improvements, with a statement
of reasons for any rejection. If partial approval is indicated, the
cost of the improvements rejected shall be set forth.
(4)
The governing body shall either approve or reject the improvements
on the basis of the report of the Township Engineer and shall notify
the obligor, in writing, by certified mail, of the contents of said
report and the action of said approving authority with relation thereto
not later than 65 days after receipt of the notice from the obligor
of the completion of the improvement. Where partial approval is granted,
the obligor shall be released from all liability pursuant to its performance
guaranty except for the portion adequately sufficient to secure provision
of the improvements not yet approved. Failure of the governing body
to send or provide such notification to the obligor within 65 days
shall be deemed to constitute approval of the improvements, and the
obligor and surety, if any, shall be released from all liability pursuant
to such performance guaranty.
(5)
If any portion of the required improvements are 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.
(6)
Nothing herein, however, shall be construed to limit the right of
the obligor to contest, by legal proceedings, any determination of
the governing body or the Township Engineer.
(7)
The obligor shall reimburse the municipality for all reasonable inspection
fees paid to the Municipal Engineer for the foregoing inspection of
improvements.
G.
Before the final subdivision plat is recorded, a maintenance guaranty
shall be posted by the developer with the governing body for a period
not to exceed two years after final acceptance of all improvements,
in an amount not to exceed 15% of the costs of the improvements, which
cost shall be determined by the Municipal Engineer according to the
method of calculation set forth in Section 15 of P.L. 1991, c. 256.[3] 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, except that the developer shall submit
to the Municipal Engineer approvals from said public utilities. If
any correction or reconstruction of any such improvement is necessary
and is to be performed by the Township with the proceeds of any maintenance
guaranty, the costs thereof shall be subject to public bidding requirements
under the Local Public Contracts Law.[4]
[Amended 8-7-1989 by Ord. No. 6-89; 6-1-1992 by Ord. No. 15-92]
H.
Final approval shall be granted or denied within 45 days after submission
of a complete application to the Secretary of the Planning Board or
within such further time as may be consented to by the developer.
I.
The effect of final approval of a major subdivision shall be as follows:
(1)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 90-8, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in Subsection J of this section. If the developer has followed the standards prescribed for final approval and has duly recorded the plat as required for final approval and has duly recorded the plat as required in Subsection J of this section, the Planning Board may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of the Municipal Land Use Law.[5] the granting of final approval terminates the time period of preliminary approval pursuant to § 90-8 for the second granted final approval.
[5]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
In the case of a conventional subdivision, the Planning Board may grant the rights referred to in Subsection I(1) of this section for such period of time longer than two years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development.
J.
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat, unless, within such period, the plat
shall have been duly filed by the developer with the county recording
officer. The Planning Board may, for good cause shown, extend the
period for recording for an additional period not to exceed 190 days
from the date of the signing of the plat. The signatures of the Chairman
and Secretary of the Planning Board shall not be affixed to the final
plat until the developer has posted the guaranties required pursuant
to this section.
(1)
The Planning Board may also extend the ninety-five-day or one-hundred-ninety-day
period if a developer proves to the reasonable satisfaction of the
Planning Board that the developer was barred or prevented, directly
or indirectly, from filing because of delays in obtaining legally
required approvals from other governmental or quasi-governmental entities
and that the developer applied promptly for and diligently pursued
the required approvals. The length of the extension shall be equal
to the period of delay caused by the wait for the required approvals,
as determined by the Planning Board. The developer may apply for an
extension either before or after the original expiration date.
[Added 6-1-1992 by Ord. No. 15-92]
(2)
The zoning rights applicable to the preliminary approval first granted
and all other rights conferred upon the developer, whether conditionally
or otherwise, shall not be changed for a period of two years after
the date on which the resolution of final approval was adopted. Extensions
of final approval may be granted pursuant to the provisions of N.J.S.A.
40:55D-52.
[Added 6-1-1992 by Ord. No. 15-92]
K.
Transfer or sale of land.
(1)
If, before final subdivision approval has been granted, any person
transfers or sells or agrees to transfer or sell, except pursuant
to an ageement expressly conditioned on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision for
which municipal approval is required by ordinance pursuant to the
Municipal Land Use Law,[6] such person shall be subject to a penalty not to exceed
$1,000, and each lot disposition so made may be deemed a separate
violation.
[6]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
In addition to the foregoing, the municipality 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 Subsection L below.
(3)
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 to 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.
L.
Certificate of approval.
(1)
The prospective purchaser, prospective mortgagee or any other person
interested in any land which forms part of a subdivision or which
formed part of such a subdivision three years preceding the effective
date of this chapter may apply, in writing, to the administrative
officer of the municipality for the issuance of a certificate certifying
whether or not such subdivision has been approved by the Planning
Board. Such application shall contain a diagram showing the location
and dimension of the land to be covered by the certificate and the
name of the owner thereof.
(2)
The administrative officer shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor. Said officer shall keep a duplicate copy of each certificate,
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record of his office. Each such certificate
shall be designated a "certificate as to approval of subdivision of
land" and shall certify:
(a)
That there exists in the Township of Liberty a duly established
Planning Board and that there is an ordinance controlling subdivision
of land.
(b)
Whether the subdivision, as it relates to the land shown in
said application, has been approved by the Planning Board and, if
so, the date of such approval and any extensions and terms thereof,
showing that the subdivision of which the lands are a part is a validly
existing subdivision.
(3)
The administrative officer shall be entitled to demand and receive
for such certificate issued by him a reasonable fee not in excess
of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected
by such official shall be paid by him to the municipality.
M.
Acquisition of interest in land; addressing of application.
(1)
Any person who shall acquire, for a valuable consideration, an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to the provisions of Subsection K(1) of this section.
(2)
If the administrative officer designated to issue any such certificate fails to issue the same within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to Subsection K(1) of this section.
(3)
Any such application addressed to the Clerk of the municipality shall
be deemed to be addressed to the proper designated officer, and the
municipality shall be bound thereby to the same extent as though the
same was addressed to the designated official.
A.
Site plan approval shall be required prior to the issuance of any
permit for development, with the exception of permits for one- and
two-family homes.
[Added 3-6-1995 by Ord. No. 3-95]
B.
Submission of plans.
[Amended 2-1-1988; 8-7-1989 by Ord. No. 6-89; 3-6-1995 by Ord. No. 3-95]
(1)
At least 21 days prior to a regular meeting of the Board, the applicant shall file with the Secretary of the Planning Board a site plan which will consist of 12 copies of the required data, together with three copies of a completed application form and required fee. Applications shall be completed in accordance with § 90-6.1 of this chapter. Amendments to site plans shall be filed 14 days prior to a regular meeting of the Board.
(2)
The Secretary of the Planning Board shall forward one copy of the
application to each of the following: the Township Clerk, the Township
Engineer, the Township Planner, the Chairman of the Subdivision and
Site Plan Review Committee and the Warren County Planning Board, and
shall request that each file a written report of findings and recommendations
forthwith for submission to the Planning Board at its next regular
meeting.
(3)
Submission of minor site plan. Prior to the issuance of a building permit, zoning permit or certificate of occupancy for any development, as provided in Chapter 72, Land Use Procedures and Fees, of this Code, and classified as a minor site plan, as defined in § 90-3 of this chapter, an application for minor site plan shall be filed with the Secretary of the Planning Board or Board of Adjustment ("Board")[1] as appropriate.
(a)
Required information. A minor site plan application shall contain
all the data and information indicated below:
[1]
Name, address and telephone number of the owner and applicant.
[2]
Plans, depicting the proposed alterations to the site, including
the following:
[a]
Block and lot of property.
[b]
Preparer of plans, date of preparation, scale and
North arrow.
[c]
Location of all existing and proposed structures,
roads, parking, lighting and other relevant features within 200 feet
of the proposed alterations.
[d]
Area of disturbance.
[e]
Soil erosion and sediment control plan.
[f]
Zone and zoning requirements.
(b)
Waiver of site plan. The Board may, upon a finding that the
proposed change of use, alteration or other activity leading to the
requirement for site plan approval is de minimis, waive any or all
requirements for a site plan. Said waiver may be for a set period
of time [e.g., six months] or be a permanent waiver.
C.
The applicant shall comply with the notice and hearing requirements
of this chapter.
D.
If the application is found to be incomplete, the developer shall
be notified, in writing, within 45 days of submission of such application
or it shall be deemed to be properly submitted.
[Amended 8-7-1989 by Ord. No. 6-89]
E.
Plan details. Each site plan submitted shall be prepared by a licensed
architect or engineer and shall be at a scale sufficient to clearly
delineate the plan details and the following data and information:
(1)
The Tax Map block and lot number and Tax Map sheet and zone district
in which the property is located.
[Amended 8-7-1989 by Ord. No. 6-89]
(2)
A North arrow and reference meredian.
[Amended 8-7-1989 by Ord. No. 6-89]
(3)
A scale of no less than one inch equals 50 feet.
[Amended 8-7-1989 by Ord. No. 6-89]
(4)
Existing and proposed street names, if any.
(5)
Title of plan.
(7)
The name and address of the owner and site plan applicant, together
with the names of the owners of all contiguous land, as shown by the
most recent municipal tax records, within 200 feet of any boundary
of the site.
(8)
The lot dimensions to the nearest hundredth of a foot, bearings to
the nearest second.
[Amended 8-7-1989 by Ord. No. 6-89]
(9)
The location of all existing and proposed structures, outside dimensions
and elevations.
(10)
Topography, showing existing and proposed contours at two-foot
intervals, based on United States Geological Survey datum. A reference
bench mark shall be clearly designated. For all land with slopes in
excess of 15%, contours shall be shown at five-foot intervals.
[Amended 8-7-1989 by Ord. No. 6-89]
(11)
All existing physical features, including streams, watercourses,
wooded areas where there exist trees greater than five inches in caliper,
measured at a height of 4 1/2 feet above ground level, indicated
in general location on the plan and area marked in the field, and
significant soil conditions, such as swamp or rock.
(12)
Building setback, side line and rear yard distances.
(13)
Parking, loading and unloading areas, including the number of
places, dimensions, traffic patterns, access aisles and curb radius.
(14)
Improvements, such as roads, curbs, bumpers and sidewalks, with
cross-sections, design detail and dimensions.
(15)
The location and design of existing and proposed water systems, sanitary waste disposal systems, water mains and appurtenances and the method of refuse disposal and storage. Two soil logs and two percolation tests shall be submitted in accordance with § 90-10E(23).
[Amended 8-7-1989 by Ord. No. 6-89]
(16)
A landscaping and buffering plan, showing what will remain or
be removed and what will be planted, indicating types of plants, trees
and dimensions. Where a commercial use abuts a residential zone or
use, buffering shall screen the commercial use from such residential
properties.
[Amended 8-7-1989 by Ord. No. 6-89]
(17)
Lighting details, indicating type of standard, location, radius
of light and intensity of footcandles.
(18)
Locations, dimensions and details of signs.
(19)
Renderings or drawings of front facade, as well as the building
materials to be used.
(20)
A soil erosion and sedimentation control plan, which shall contain all the data set forth in § 90-8 of this chapter.
(21)
A surface water runoff control plan, which shall contain all
the data set forth in this chapter under requirements for preliminary
approval of a major subdivision.
(22)
A delineation of wetlands in metes and bounds and by type as
defined by the United States Army Corps of Engineers, which data shall
be signed and sealed by a qualified environmentalist. Further, upon
the effective date of any legislation with respect to regulations
defining wetlands and standards with respect to the development thereof
and causing the implementation of said regulations to come within
the jurisdiction of the New Jersey State Department of Environmental
Protection, then and in that event, the developer shall adhere to
those then-effective standards.
[Added 2-1-1988]
(23)
Where a public sewerage system is not available and individual
sewage disposal facilities must be utilized, the developer shall perform
two percolation tests no closer than 20 feet to each other and no
further than 40 feet from each other with rates of no greater than
60 minutes and two soil logs no closer than 20 feet to each other
and no further than 40 feet from each other with no evidence of seasonal
high-water table of less than 24 inches, the same to be witnessed
by the Warren County Health Department for each lot in question, including
the remainder following the provisions of P.L. 1954, c. 199, and amendments[2] and shall submit the results with the preliminary plat.
Any subdivision or part thereof which does not meet with established
requirements of P.L. 1954, c. 199, for design and construction of
an individual sewage disposal system shall not be approved for building
purposes. Any remedy proposed to overcome such a situation shall first
be approved by the appropriate local, county or state health agency.
The developer shall submit a plan showing the proposed location of
individual systems and shall also submit typical designs and layouts
for individual sewage disposal systems.
[Added 2-1-1988]
[2]
Editor's Note: See N.J.S.A. 58:11-23 et seq.
F.
Upon submission of a complete application for a site plan for 10
acres of land or less, the Planning Board shall grant or deny preliminary
approval within 45 days of the date of such submission or within such
further time as may be consented to by the developer. Upon the submission
of a complete application for a site plan of more than 10 acres, the
Planning Board shall grant or deny preliminary approval within 95
days of the date of such submission or within such further time as
may be consented to by the developer. Otherwise, the Planning Board
shall be deemed to have granted preliminary approval of the site plan.
G.
If the Planning Board required any substantial amendment in the layout
of improvements proposed by the developer that have been the subject
of a hearing, an amended application for development shall be submitted
and proceeded upon as in the case of the original application for
development.
H.
Conferral of rights.
(1)
Preliminary approval of a site plan act shall, except as provided in Subsection H(2) below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(a)
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions; off-tract improvements; and any requirements
peculiar to site plan approval pursuant to the New Jersey Municipal
Land Use Act;[3] except that nothing herein shall be construed to prevent
the municipality from modifying, by ordinance, such general terms
and conditions of preliminary approval as relate to public health
and safety.
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(b)
That the applicant may submit for final approval, on or before
the expiration date of preliminary approval, the whole or a section
or sections of the preliminary site plan, as the case may be.
(c)
That the applicant may apply for and the Planning Board may
grant extensions on such preliminary approval for additional periods
of at least one year, but not to exceed a total extension of two years,
provided that, if the design standards have been revised by ordinance,
such revised standards may govern.
(2)
In the case of a site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection H(1)(a), (b) and (c) above for such period of time longer than three years as shall be determined by the Planning Board to be reasonable, taking into consideration economic conditions and the comprehensiveness of the development, provided that, if the design standards have been revised, such revised standards may govern. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable.
A.
The Planning Board shall grant final approval of a site plan if the detailed drawings, specifications and estimates of application for final approval conform to the standards established by ordinance for final approval and the conditions of preliminary approval. Applications shall be completed in accordance with § 90-6.1 of this chapter.
[Amended 2-1-1988]
B.
The final site plan must be drawn in ink on cloth, Mylar or equivalent
material. Each lot and block shown on it shall be numbered as specified
by the Township Assessor. In addition, the following certifications
must be attached:
(1)
Certification by the Township Tax Collector that all taxes have been
paid.
(2)
Certification by the developer's engineer that all on-tract improvements
have been built or installed. The dimensioned location of all such
improvements shall be shown on the final plat.
(3)
In lieu of the certification required by Subsection B(2) above, the developer shall have furnished a performance guaranty to insure installation of improvements required. The posting of the performance guaranty in favor of the municipality shall be in an amount not to exceed 120% of the cost of installation or bondable improvements, which cost shall be estimated by the Municipal Engineer. The cost of improvements shall be based upon the requirements of the design standards and improvements set forth in this chapter and shall be based on documented construction costs for public improvements prevailing in the general area of the Township. The developer may appeal the Municipal Engineer's estimate to the governing body. The governing body shall decide the appeal within 45 days of receipt of the appeal, in writing, by the Municipal Clerk. After the developer posts a guaranty with the municipality based on the cost of the installation of improvements as determined by the governing body, he may institute legal action within one year of the posting in order to preserve the right to a judicial determination as to the fairness and reasonableness of the amount of the guaranty. If any portion of any required improvement is rejected by the Township and the Township is forced to complete such improvements with the proceeds of the performance guaranty, such completion of improvements shall be subject to the bidding requirements of the Local Public Contracts Law.[1] All performance guaranties shall be at the discretion
of the Planning Board and shall be in the form of cash or an irrevocable
letter of credit.
[Amended 8-7-1989 by Ord. No. 6-89; 6-1-1992 by Ord. No. 15-92]
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
(4)
Certification by the Township Clerk that a maintenance guaranty has
been posted by the developer with the governing body for a period
not to exceed two years after final acceptance of all improvements,
in an amount not to exceed 15% of the costs of the improvements, which
cost shall be determined by the Municipal Engineer according to the
method of calculation set forth in Section 15 of P.L. 1991, c. 256.1 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, except that the developer shall submit
to the Municipal Engineer approvals from said public utilities. If
any correction or reconstruction of any such improvement is necessary
and is to be performed by the Township with the proceeds of any maintenance
guaranty, the costs thereof shall be subject to public bidding requirements
under the Local Public Contracts Law.[2]
[Amended 8-7-1989 by Ord. No. 6-89; 6-1-1992 by Ord. No. 15-92]
[2]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
(5)
Certification by the Township Engineer that all inspection fees have
been paid.
(6)
Certification by the Township Clerk that the developer's pro rata
cost for reasonable and necessary off-tract improvements has been
posted.
(7)
A delineation of wetlands in metes and bounds and by type as defined
by the United States Army Corps of Engineers, which data shall be
signed and sealed by a qualified environmentalist. Further, upon the
effective date of any legislation with respect to regulations defining
wetlands and standards with respect to the development thereof and
causing the implementation of said regulations to come within the
jurisdiction of the New Jersey State Department of Environmental Protection,
then and in that event, the developer shall adhere to those then-effective
standards.
[Added 2-1-88]
(8)
An as-built of all utilities, conservation areas or other easements
shall be provided with metes and bounds descriptions of said easements
and conservation areas.
[Added 8-7-1989 by Ord. No. 6-89]
C.
Prior to granting of final site plan approval, the developer shall have furnished performance guaranties for the ultimate construction and installation of the improvements set forth in § 90-9.
D.
Prior to granting of final site plan approval, the developer shall
have satisfied the Board that he has complied with all the provisions
of this chapter.
E.
Prior to granting of final site plan approval, the developer shall
provide for sidewalks from each building entrance or exit, along parking
lots, driveways and other buildings and across common yard spaces
between buildings where pedestrian traffic can be expected to be concentrated.
F.
Guaranties; improvements.
(2)
The amount of any performance guaranty may be reduced by the governing
body, by resolution, when portions of the improvements have been certified
by the Township 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 said body by resolution.
(3)
If the required improvements are not completed or corrected in accordance
with the performance guaranty, the obligor and surety, if any, shall
be liable thereon to the municipality for the reasonable cost of the
improvements not completed or corrected, and the municipality may,
either prior to or after the receipt of the proceeds thereof, complete
such improvements.
(4)
When all of the required improvements have been completed, the obligor
shall notify the governing body, in writing, by certified mail addressed
in care of the Municipal Clerk, of the completion of said improvements
and shall send a copy thereof to the Municipal Engineer. Thereupon,
the Municipal Engineer shall inspect all of the improvements and shall
file a detailed report, in writing, with the governing body, indicating
either approval, partial approval or rejection of the improvements,
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
(5)
The governing body shall either approve, partially approve or reject
the improvements on the basis of the report of the Township Engineer
and shall notify the obligor, in writing, by certified mail, of the
contents of said report and the action of said approving authority
with relation thereto not later than 65 days after receipt of the
notice from the obligor of the completion of the improvements. Where
partial approval is granted, the obligor shall be released from all
liability pursuant to its performance guaranty except for that portion
adequately sufficient to secure provision of the improvements not
yet approved. Failure of the governing body to send or to 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.
(6)
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.
(7)
Nothing herein, however, shall be construed to limit the right of
the obligor to contest, by legal proceedings, any determination of
the governing body or the Municipal Engineer.
(8)
The obligor shall reimburse the municipality for all reasonable inspection
fees paid to the Municipal Engineer for the foregoing inspection of
improvements.
G.
Final approval shall be granted or denied within 45 days after submission
of a complete application to the Planning Board or within such further
time as may be consented to by the applicant. Failure of the Planning
Board to act within the period prescribed shall constitute final approval,
and a certificate of the administrative officer as to the failure
of the Planning Board to act shall be issued on the request of the
applicant.
H.
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer pursuant
to the provisions of this chapter, whether conditionally or otherwise,
shall not be changed for a period of two years after the date of final
approval. If the developer has followed the standards prescribed for
final approval, the Planning Board may extend such period of protection
for extensions of one year, but not to exceed three extensions. Notwithstanding
any other provisions of this chapter, the granting of final approval
terminates the time period of preliminary approval.
