[Amended 9-5-1986; 7-5-1991; 2-2-1996]
A.
General provisions.
(1)
Prior to the subdivision or development of land and prior to the
issuance of a building permit, zoning permit or certificate of occupancy
for any development, an application shall be submitted to and approved
by the Planning Board in accordance with the requirements of this
article, except that subdivision or individual lot applications for
detached one- or two-family dwelling unit buildings, and development
of lands for agricultural uses not including buildings greater than
20,000 square feet and/or not resulting in impervious coverage of
10% or more of the lot or lots subject to development, shall be exempt
from site plan review and approval unless otherwise specifically required
by the Planning Board or by this chapter.
[Amended 10-6-2005 by Ord. No. 2005-18]
(2)
In addition, recognizing the construction, replacement and modernization
of certain specialized production and processing facilities is essential
to existing uses in the I-Industrial District, the following types
of construction shall be exempt from site plan review and approval
in connection with any site in the I-Industrial zone of at least 50
acres in size which is already occupied by an active principal use:
(a)
Interior renovations or alterations that do not increase the
need for off-street parking.
(b)
Minor additions or alterations to existing structures or buildings,
which minor additions or alterations do not exceed 1,000 square feet
in area, do not require any variances and do not involve any changes
in on-site drainage or circulation.
(c)
Construction of accessory structures or buildings of less than
1,000 square feet in area which do not require any variances and which
do not involve any changes in on-site drainage or circulation.
(3)
The Planning Board may delegate to the Township Engineer the responsibility
for determining whether such construction qualifies for exemption
from site plan review and approval. The Township Engineer shall report
his findings to the Construction Official prior to the issuance of
permits and shall forward a copy of said report to the Planning Board.
If such construction does not qualify for exemption, it shall be referred
to the Planning Board.
(4)
In the event that a subdivision or site plan application requires
action by the Board of Adjustment as provided in this chapter, said
application shall be submitted to and processed by said Board, which
shall act to the same extent and subject to the same restrictions
as the Planning Board as set forth in this article.
B.
Time of filing. Said application shall be filed with the Secretary of the municipal land use agency at least two weeks prior to the regular meeting of the municipal agency. Upon filing of the application, the municipal agency engineer and Secretary shall review the application for completeness in accordance with § 160-36. After the completeness review, the municipal agency engineer and Secretary will make a recommendation of completeness to the municipal agency. Subsequent to its having certified the application complete, the municipal agency will notify the applicant as to when the application will be placed on the agenda for a regular meeting of that municipal agency.
C.
Application content. The content of the application shall be as required by the checklist provided for in § 160-36.
E.
All applications for subdivision and site plan approval, or waiver
thereof, shall be consistent with the provisions of the New Jersey
Highway Access Management Act.
[Amended 9-5-1986]
All plats filed with the municipality for review and/or approval pursuant to this chapter shall contain or be accompanied by the information required by the checklists called for by § 160-36 of this chapter. The following subsections explain those requirements:
A.
Calculation of total land available for development.
(1)
When an application proposes the creation of new lots, the plan shall contain all information necessary to perform the calculations required by § 160-110 of this chapter, and the calculations shall be set forth on the plat.
(2)
In minor subdivisions which rely on the United States Geological
Survey mapped contour lines, if a more accurate determination of the
actual slopes on the lots is necessary to calculate the total land
available for development, the Planning Board may require submission
of a topographic survey, with two-foot contour intervals, based upon
actual field measurements.
B.
Residential cluster details. In the case of an application for a
subdivision utilizing the open space zoning or residential cluster
options provided in this chapter, the following additional details
or information shall be submitted:
C.
Drainage report. The project drainage report shall include the following:
(1)
Description of the site hydrologic characteristics and watershed
parameters and identification of significant design considerations.
(2)
Watershed map, including delineation and areas of on-tract watersheds
and off-tract watersheds affecting the project site.
(3)
Designation of critical areas, areas to be left undisturbed, wetlands,
floodplains, slopes greater than 15% and watercourses.
(4)
Computations for:
(a)
Stormwater management program, including total surface runoff
under predevelopment and postdevelopment conditions.
(b)
Detention basin design, where applicable, including computer
routings, for one-, ten-, fifty-, and one-hundred-year frequencies.
(c)
Pipe and inlet capacities.
(d)
Channel or swale improvements.
(e)
Riprap sizing.
(f)
Soil erosion and sediment control provisions.
(5)
Copy of the New Jersey Department of Environmental Protection stream
encroachment permit application, if applicable.
(6)
Completed "Major Development Stormwater Summary Form" that is contained
within Attachment D in the Township’s Tier ‘B’ Municipal
Stormwater General Permit for each stormwater management basin that
is proposed on the project.
[Added 10-25-2018 by Ord.
No. 2018-05]
D.
Development impact statement. Where required, the development impact
statement shall consist of sufficient information to enable the Planning
Board or Board of Adjustment, as the case may be, to assess the foreseeable
impact of the proposed development upon both the natural and man-made
environment, including but not limited to sewage disposal, water supply,
soil erosion, vegetation, watercourses, air resources, solid waste
disposal, pedestrian and vehicular traffic, existing and anticipated
development, noise, municipal services and expenditures and aesthetics.
The Planning Board or Board of Adjustment, as the case may be, shall
withhold approval of any development submitted hereunder unless it
determines that no harmful effects will result to an undue degree
from the proposed development, nor will a disproportionate or excessive
demand be placed upon the total resources available or such proposed
development or for any future proposals. To assist the Planning Board
or Board of Adjustment, as the case may be, in its evaluation of the
proposed project, the development impact statement submitted by the
applicant shall, at the discretion of the Planning Board or Board
of Adjustment, as the case may be, include data and information as
follows:
(1)
Sewerage facilities: It must be shown that sewage can be disposed
of through facilities adequate to preclude water pollution.
(a)
Compliance with state and municipal Board of Health regulations.
(b)
If disposal is on site, data as required by New Jersey Department
of Environmental Protection regulations and the checklists of this
chapter on underlying geology, soils analysis and percolation tests.
(c)
If disposal is off site, plant design capacity, monthly average
flows for the preceding 12 months, information on any pending action
against the plant, capacity of the plant to treat industrial or commercial
water, if applicable, receiving water quality standards, stream quality
data from state, federal or private sources, stream flow (minimum
average seven-consecutive-day flow with a frequency of occurrence
of 10 years), contemplated plans for the treatment facility (local
plans and state or regional planning policy) and flows expected from
any other approved subdivision which are dependent upon the sewage
treatment facilities in question.
(2)
Water supply. It must be shown that an adequate potable water supply
can be assured.
(a)
Compliance with state and local regulations.
(b)
If the supply is from public facilities off site, including
private water companies, the amount of diversion granted by the New
Jersey Department of Environmental Protection (maximum gallons of
water pumped during any month), present diversion (maximum gallons
of water pumped during the past 24 months) and diversions expected
from other approved developments which are dependent upon the present
diversion granted by the New Jersey Department of Environment Protection.
(c)
If the supply is from on-site resources:
[1]
Realty improvements applicable to fewer than 50 dwelling units:
location and depth of all private and public water supplies within
500 feet of the realty improvement; location, depth and adequacy of
supply for the proposed realty improvement; and geologic description
of subsurface conditions, including expected groundwater yields (using
published geologic reports or report by a qualified geologist).
[2]
Realty improvements applicable to more than 50 dwelling units:
Preliminary subdivision approval shall be subject to the New Jersey
Department of Environmental Protection determination that the proposed
water supply and sewage disposal facilities are adequate.
(3)
Drainage: It must be shown that stormwater runoff from the site is so controlled that on-site erosion is not caused and that the potential for downstream flooding is not aggravated. A drainage report prepared to satisfy § 160-63C shall be submitted, together with the following:
(a)
Stream encroachment: In cases where a stream encroachment permit
is required from the New Jersey Department of Environmental Protection,
details of the application shall be discussed and disclosed.
(b)
Floodplains: a description of potential flood damages, including
a summary of flood stages from state and federal sources.
(4)
Solid waste disposal: a plan for disposal of solid waste by means
of a facility operating in compliance with the State Sanitary Code.
(5)
Air pollution: It must be shown that no visible smoke or deleterious
chemical changes are produced in the atmosphere by heating or incinerating
devices or by any processing of materials.
(6)
Critical impact areas: Plans should include any area, condition or
feature which is environmentally sensitive or which, if disturbed
during construction, would adversely affect the environment. It must
be shown how said adversity will be minimized pursuant to a plan approved
by the Planning Board or Board of Adjustment, as the case may be.
(a)
Critical impact areas include but are not limited to stream
corridors, streams, wetlands, estuaries, slopes greater than 20%,
highly acid or highly erodible soils, areas of high-water table, mature
stands of native vegetation and aquifer recharge and discharge areas.
(b)
A statement of impact upon critical areas and of adverse impacts
which cannot be avoided.
(c)
Environmental protective measures, procedures and schedules
to minimize damage to critical impact areas.
(d)
A list of all licenses, permits and other approvals required
by municipal, county or state regulations and the status of each.
(e)
A listing and quantification of all adverse environmental impacts
noting any that cannot be avoided.
(f)
An assessment of the environmental impact of the project.
(g)
A listing of steps proposed to minimize environmental damage
to the site and region during construction and operation.
(7)
Traffic and circulation: It must be shown that public traffic arteries
have adequate capacities to accommodate the traffic to be generated
by the proposed project at an acceptable level of service and that
safe, convenient and adequate circulation and parking is provided
for the site.
(a)
Existing twenty-four-hour and peak-hour traffic volumes on all
critical arteries affected by count taken within 12 months preceding
the date of the application.
(b)
Projected twenty-four-hour and peak-hour traffic generated by
the proposed project.
(c)
Capacity analyses of critical arteries affected.
(d)
Accident data of critical arteries affected.
(e)
Speed and delay data of critical arteries affected.
(f)
Description of any off-site improvements made necessary to avert
traffic hazards and maintain an acceptable level of service on public
thoroughfares by traffic generated by the proposed project.
(8)
Economic analysis: It should be shown how the demands placed upon
the municipal resources by the proposed development can be offset
by anticipated revenues.
(a)
Projected population increases resulting from the proposed development.
(b)
Age and other characteristics of the projected population.
(c)
Estimated demand upon municipal services, such as educational
facilities, garbage collection and municipal administration, and the
cost to the Township of providing such services.
(d)
Anticipated increase or deficit in municipal revenues as a result
of the proposed project.
(9)
Any and all other information and data necessary to meet any of the
requirements of this chapter not listed above.
(10)
Notwithstanding the foregoing, the Planning Board or Board of
Adjustment, as the case may be, may, at the request of the applicant,
waive the requirement for an impact statement if sufficient evidence
is submitted to support a conclusion that the proposed development
will have slight or negligible development impact. Portions of such
requirement may likewise be waived upon a finding that a complete
report need not be prepared in order to evaluate adequately the environmental
impact of the particular project.
E.
Evaluation statement. This statement shall consist of a general description
of the intended project and an assessment of its anticipated broad
impact on the neighborhood, the community and the environment, including
but not necessarily limited to considerations of land use, visual
qualities, traffic, drainage, utilities and natural resources.
A.
On-tract installation for subdivisions. Prior to the granting of final approval, the applicant shall have installed or furnished performance guaranties for the ultimate installation of the improvements described below or a restoration guaranty for the restoration of property in the event of a work stoppage or abandonment of the construction of an improvement, as set forth in § 160-75. The applicant shall be responsible for posting a performance guaranty only for improvements which will ultimately be owned and maintained by the Township of White following acceptance of the improvement by the Township. The applicant shall be responsible for posting a restoration guaranty, in lieu of a performance guaranty, for any and all other improvements that the applicant plans to construct but will not ultimately be owned or maintained by the Township following completion of the development. All improvements shall be subject to approval and inspection by the Township Engineer, who shall be notified by the developer at least two weeks prior to the start of construction of any improvement in accordance with the provisions of Chapter 223, Road Construction, of the Code of the Township of White. No underground installation shall be covered until inspected and approved.
[Amended 9-5-1986; 10-7-1988; 9-9-2010 by Ord. No. 2010-6; 11-12-2015 by Ord. No. 2015-5]
(1)
Streets and pavements. The subdivider shall design and construct streets and pavements meeting the minimum specifications as set forth in Chapter 223, Road Construction, or such other specifications as may be required by the Township Engineer where special circumstances so require.
(2)
Curbs and sidewalks. The subdivider shall construct curbs and sidewalks, when required by the Planning Board, in accordance with Chapter 223, Road Construction, or such specifications as may be required by the Township Engineer where special circumstances so require.
(3)
Storm drainage design and stormwater management provisions shall be in accordance with § 160-80 of this chapter.
[Amended 9-5-1986]
(4)
Monuments. Monuments shall be of the size and shape required by N.J.S.A.
46:23-9.11 and shall be placed in accordance with said statute.
(5)
Street name signs. Street name signs shall be placed at all street
intersections within the subdivision or site. Such signs shall be
of a type approved by the Township of White and shall be placed in
accordance with the standards of the Township of White. No street
shall have a name which will duplicate or so nearly duplicate as to
be confused with the name of existing streets. The continuation of
an existing street shall have the same name.
(6)
Streetlighting. The subdivider or developer shall be responsible
for the installation of streetlights and other outdoor lighting facilities
as approved by the Planning Board and in accordance with any applicable
standards of the Township of White.
(7)
Topsoil protection. Topsoil which shall be removed in the course
of regarding a subdivision or site shall not be used as spoil or removed
from the subdivision area or site. Such topsoil shall be redistributed
as to provide at least six inches of cover on areas to be used as
building sites from which topsoil was removed and shall be stabilized
by seeding or planting.
(8)
Shade trees. Shade trees shall be located within the street right-of-way in such a manner as not to interfere with utilities or sidewalks and shall be one of a type and species as approved by the Planning Board. Said shade trees shall be spaced 50 feet apart, and there shall be at least two shade trees installed in front of each lot unless waived by the Planning Board where trees already exist. Existing trees shall be preserved as directed in accordance with the provisions of the Chapter 223, Road Construction, of the Code of the Township of White as well as all other applicable regulations and conditions as set forth by the Planning Board.
(9)
Sanitary sewers.
(a)
Where a public sanitary sewer system is reasonably accessible and capacity available, each lot within a subdivision area shall be provided with sewage disposal facilities by the required extension of sewer mains and connections thereto, the costs thereof to be borne by the subdivider. All such installation of sewer mains and connections shall be constructed in accordance with the specifications and requirements of Chapter 223, Road Construction, as well as all other applicable regulations and conditions as set forth by the Planning Board and shall be subject to the approval of the Township Engineer.
(b)
Where a public sanitary sewer system is not reasonably accessible, the subdivider may be required to install sewer lines and a sanitary sewer disposal plant at his own cost and expense and in accordance with the specifications and requirements of Chapter 223, Road Construction, as well as all other applicable regulations and conditions as set forth by the Planning Board, and all such installations shall be subject to the approval of the Board of Health, the State Department of Environmental Protection and the Township Engineer.
(c)
Where a public sanitary sewer is not reasonably accessible and where installation of sewer lines and a sanitary sewer disposal plant is not required, in accordance with Subsection A(9)(b) above, the subdivider may be required by the Planning Board to install within the subdivision a complete dry sewer pipe system including provision for connection thereto at each lot, provided that there is reliable information to indicate that connection of the development to a public sanitary sewerage system can be anticipated within a reasonable period of time. Under such circumstances, the subdivider shall be required to install individual sewage disposal systems for each lot at the time improvements are erected thereon. All such individual sewage disposal systems shall be constructed in accordance with the requirements of the State Department of Environmental Protection and the Township Board of Health, and all such sewer pipe systems shall be constructed in accordance with the requirements of the Township and its Chapter 223, Road Construction, of the Code of the Township of White as well as all other applicable regulations and conditions as set forth by the Planning Board and shall be subject to the approval of the Township Engineer. The Planning Board may require the installation of said house sewer service connection to the curbline, at which point the same shall be capped.
(10)
Percolation test. When a sanitary sewer system is not accessible
and unless the developer provides a sanitary sewer system, the developer
shall furnish to the Planning Board data to support the determination
that each lot is sufficient to support a properly functioning individual
subsurface sewage disposal system conforming to the Standards for
Construction of Individual Subsurface Sewage Disposal Systems (N.J.A.C.
7:9-2.1 et seq.) or any amendment or replacement thereof. This determination
shall be made based on soil profile characteristics observed in soil
profile pits (soil logs) and borings, criteria for determining soil
suitability classes, criteria for recognition of soil limiting zones
and permeability tests or percolation tests. The number and location
of soil profile pits and percolation tests shall be as prescribed
in Checklist Addendums A and C. Following completion of the tests,
all soil logs and percolation tests must be refilled with excavated
soil and suitably mounded and stabilized so as to minimize disturbance
to the affected areas.
(11)
Water supply. When, in the opinion of the Planning Board, a public water supply system is accessible for the subdivision, each lot within the subdivision shall be provided with water supplied by said water supply system. All facilities for said system shall be installed pursuant to and in accordance with the provisions of all ordinances pertaining thereto, including the Chapter 223, Road Construction, of the Code of the Township of White under the supervision of the Township Engineer.
(a)
In the event that a public water supply system is not available
to supply the proposed subdivision, the Planning Board may require
construction of a private water supply system in such manner that
an adequate supply of potable water will be available to each lot
within the subdivision at the time improvements are erected thereon
and so that such system can be incorporated within the public supply
system when and if it shall become available. The water treatment
and distribution system shall be constructed and installed in conformity
with applicable ordinances of the Township of White, subject to the
approval of the Township Engineer. The adequacy, healthfulness and
potability of the private water supply system shall be subject to
the approval of the Township Board of Health and the State Department
of Environmental Protection, when such approval is required. The developer
shall file with the Township a map of said water supply and distribution
system adequately locating the same.
(b)
All water systems shall be installed in such manner as to ensure
adequate pressures and quantities and ample flows for hydrants.
(c)
If a public water supply system is not accessible and if construction
of a private water supply is not required, each lot shall be served
by an individual driven well. In such case, and prior to preliminary
approval, the subdivider shall submit evidence that underground potable
water is available in sufficient quantity and quality to serve the
subdivision.
(12)
Fire hydrants. Fire hydrants shall be installed in all subdivisions when a central water supply exists. Fire hydrants shall be of the type approved by the Township of White in accordance with the recommendations of the Fire Insurance Rating Organization of New Jersey and shall be placed and installed in accordance with the standards of the Township of White and its Chapter 223, Road Construction, of the Code of the Township of White. Such installation shall be subject to the inspection and approval of the Township Engineer.
(13)
Electric, telephone and cable television service. Except as
otherwise provided in the regulations of the Board of Public Utility
Commissioners, in all major subdivisions, electric, telephone and
cable antenna television facilities shall be installed underground
and, where applicable, in accordance with the latest requirements
of said Board. Arrangements for such underground installation shall
be made with the appropriate utility companies.
(14)
Easements. Easements of a width sufficient to allow proper maintenance
shall be provided for the installation of all drains, storm drains,
pipelines, gas mains, etc. Said easements shall be dedicated to the
municipality by approved legal procedure.
B.
On-tract installations for site plans. Prior to the granting of final approval, the applicant shall have installed or furnished performance guaranties for the ultimate installation of any required public on-tract improvements or a restoration guarantee for the restoration of property in the event that the construction of the improvement is stopped or abandoned, as set forth in § 160-75, and as the same are described in § 160-64A. In addition, the Planning Board may require the installation of on-site improvements, as described in Subsection C below, prior to the granting of final approval and which it finds necessary before the issuance of a construction permit. All such improvements shall be subject to approval and inspection of the Township Engineer as provided in Subsection A above.
[Amended 11-12-2015 by Ord. No. 2015-5]
C.
On-site installations for site plans.
(1)
Pavement. All parking and loading areas, entrance and exit driveways and all road and access drives shall be paved and constructed in accordance with § 160-79B(1) of this chapter.
[Amended 9-5-1986]
(2)
Storm drainage design and stormwater management provisions shall be in accordance with § 160-80 of this chapter.
[Amended 9-5-1986]
(3)
Parking spaces, pedestrian walkways and entrance and exit driveways
shall be painted on the finished pavement in traffic paint.
(4)
All paved areas shall be bounded by curbing of the type required by the Planning Board in accordance with Chapter 223, Road Construction, of the Code of the Township of White.
(5)
Sidewalks shall be constructed where required in accordance with Chapter 223, Road Construction, of the Code of the Township of White.
(6)
Screening. All off-street parking and loading areas shall be effectively
screened, on any side which adjoins or faces premises situated in
any residential zones, by a fence or wall not less than four nor more
than six feet in height, maintained in good condition; provided, however,
that a screening or hedge or other natural landscaping may be substituted
for the required fence or wall if approved by the Planning Board.
The fence, as required by this section, may be waived by the Planning
Board if, in the Board's judgment, because of topographic or other
unusual conditions, said fence is not necessary to screen adjoining
residential property. Where parking is located in a front yard, the
Planning Board may require construction of landscaped berms up to
a height of five feet with slopes at a ratio of not less than 2:1.
(7)
Lighting. Adequate lighting shall be provided for parking lots in
operation between 1/2 hour before sunset and 1/2 hour after sunrise
and shall be designed so as to eliminate glare onto nearby residences.
All parking lots shall have adequate lighting for security purposes
during hours when the facility is not open for business.
(8)
Landscaping. All portions of the property not used for off-street
parking shall be attractively landscaped with grass lawns, trees and
shrubs as approved by the Planning Board. Shade trees shall be installed
within the street right-of-way in accordance with requirements of
the Shade Tree Commission.
(9)
Utilities. All uses shall be provided with adequate water supply
and sanitary disposal facilities, all in accordance with applicable
local and state requirements. When a sanitary sewer system is not
accessible and unless the developer provides a sanitary sewer system,
the developer shall furnish to the Planning Board data to support
the determination that the lot is sufficient to support a properly
functioning individual subsurface sewage disposal system conforming
to the Standards for Construction of Individual Subsurface Sewage
Disposal Systems (N.J.A.C. 7:9-2.1 et seq.). This determination shall
be made based on soil profile characteristics observed in soil profile
pits (soil logs) and borings, criteria for determining soil suitability
classes, criteria for recognition of soil limiting zones and permeability
tests or percolation tests. The number and location of soil profile
pits and percolation tests shall be as prescribed in Checklist Addendum
F. Following completion of the tests, all soil logs and percolation
tests must be refilled with excavated soil and suitably mounded and
stabilized so as to minimize disturbance to the affected areas.
[Amended 10-7-1988]
(10)
The Planning Board may require items of construction such as
retaining walls, guard rails, safety fencing, traffic barricades or
other devices necessary in the interest of public safety and convenience.
As a condition of preliminary approval and prior to any construction
and to the filing of an application for final approval of a subdivision
or site plan, the applicant shall have made cash payments in the manner
provided below with respect to the installation of any required off-tract
improvements.
A.
Allocation of costs; criteria in determining allocation. The allocation
of costs for off-tract improvements as between the applicant, other
property owners and the Township, or any one or more of the foregoing,
shall be determined by the Planning Board, with the assistance of
the appropriate Township agencies, on the basis of the total cost
of the off-tract improvements, the increase in market values of the
property affected and any other benefits conferred, the needs created
by the application, population and land use projections for the general
area of the applicant's property and other areas to be served by the
off-tract improvements, the estimated time of construction of the
off-site improvements and the condition and periods of usefulness,
which periods may be based upon the criteria of N.J.S.A. 40A:2-22.
Requirements for off-tract improvements shall be consistent with Section
30 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-42). In addition, the following
criteria may also be considered, as well as any other reasonable criteria.
(1)
Street, curb, sidewalk, shade trees, streetlights, street signs and
traffic light improvements may also be based upon the anticipated
increase of traffic generated by the application. In determining such
traffic increase, the Planning Board may consider traffic counts,
existing and projected traffic patterns, quality of roads and sidewalks
in the area and other factors related to the need created by the application
and the anticipated benefit thereto.
(2)
Drainage facilities may also be based upon or be determined by the
drainage created by or affected by a particular land use, considering:
(a)
The percentage relationship between the acreage of the application
and the acreage of the total drainage basin.
(b)
The use of a particular site and the amount of area to be covered
by impervious surfaces on the site itself.
(c)
The use, condition or status of the remaining area in the drainage
basin.
(3)
Water supply and distribution facilities may also be based upon the
added facilities required by the total anticipated water use requirements
of the property of the applicant and other properties in the general
area benefiting therefrom.
(4)
Sanitary sewerage facilities may be based upon the proportion that
the total anticipated volume of sewage effluent of the applicant's
property and other properties connected to the new facility bears
to the existing capacity of existing sewerage facilities, including
but not limited to lines and other appurtenances leading to and servicing
the applicant's property. Consideration may also be given to the types
of effluent and particular problems requiring special equipment or
added costs for treatment. In the event that the applicant's property
shall be permitted to be connected to existing sewer facilities, the
applicant shall pay a charge or be assessed in accordance with law.
B.
Determination of cost of improvements. The cost of installation of
the required off-tract improvements shall be determined by the Planning
Board with the advice of the Township Engineer and appropriate Township
agencies.
C.
Amount of contribution. When the cost of construction has been determined,
the applicant may be required to provide a cash deposit to the Township
of one of the following amounts:
(1)
If the improvement is to be constructed by the Township as a general
improvement, an amount equal to the difference between the estimated
cost of the improvement and the estimated total amount, if less, by
which all properties to be serviced thereby, including the subject
property, will be specifically benefited by the off-tract improvement.
D.
Payment of allocated cost.
(1)
The estimated costs of the off-tract improvement allocated to the
applicant, if deposited in cash, shall be paid by the applicant to
the Township Treasurer, who shall provide a suitable depository therefor,
and such funds shall be used only for the off-tract improvements for
which they are deposited or improvements serving the same purpose,
unless such improvements are not initiated by the Township within
a period of 10 years from the date of payment, after which time said
funds so deposited shall be returned together with accumulated interest
or other income thereon, if any.
(2)
In the event that the payment by the applicant to the Township Treasurer
provided for herein is less than its share of the actual cost of the
off-tract improvements, then it shall be required to pay its appropriate
share of the cost thereof, which sum shall constitute a lien on the
tract affected by the subdivision or site plan.
(3)
In the event that the payment by the applicant to the Township Treasurer
provided for above is more than its appropriate share of the actual
cost of installation of the off-tract improvements, it or its successor
or assigns shall be repaid an amount equal to the difference between
the deposit and its share of the actual cost.
(4)
If the applicant shall deem that any of the amounts so estimated
by the Planning Board are unreasonable, it may challenge them and
seek to have them revised in appropriate proceedings brought to compel
subdivision approval.
(5)
If the applicant and the Planning Board cannot agree with respect
to the applicant's appropriate share of the actual cost of the off-tract
improvement, or the determination made by the officer or board charged
with the duty of making assessments as to special benefits if the
off-tract improvements are to be constructed as a local improvement,
no approval shall be granted; provided, however, that the applicant
may challenge such determination and seek to have it revised in appropriate
judicial proceedings in order to compel subdivision or site plan approval.
In the case of a residential cluster, the developer shall provide
for an organization for the ownership and maintenance of any open
space for the benefit of owners or residents of the development.
A.
Such organization shall not be dissolved and shall not dispose of
any open space, by sale or otherwise, except to an organization conceived
and established to own and maintain the open space for the benefit
of such development, and thereafter such organization shall not be
dissolved or dispose of any of its open space without first offering
to dedicate the same to the Township.
B.
In the event that such organization shall fail to maintain the open
space in reasonable order and condition, the governing body may serve
written notice upon such organization or upon the owners of the development
setting forth the manner in which the organization has failed to maintain
the open space in reasonable condition, and said notice shall include
a demand that such deficiencies of maintenance be remedied within
35 days thereof and shall state the date and place of a hearing thereon
which shall be held within 15 days of the notice. At such hearing,
the governing body may modify the terms of the original notice as
to deficiencies and may give a reasonable extension of time, not to
exceed 65 days, within which they shall be remedied. If the deficiencies
set forth in the original notice or in the modification thereof shall
not be remedied within said 35 days or any permitted extension thereof,
the governing body, in order to preserve the open space and maintain
the same for a period of one year, may enter upon and maintain such
land. Said entry and maintenance shall not vest in the public any
rights to use the open space except when the same is voluntarily dedicated
to the public by the owners. Before the expiration of said year, the
governing body shall, upon its initiative or upon the request of the
organization theretofore responsible for the maintenance of the open
space, call a public hearing, upon 15 days' written notice to such
organization and to the owners of the development, to be held by the
governing body, at which hearing such organization and the owners
of the development shall show cause why such maintenance by the municipality
shall not, at the election of the municipality, continue for a succeeding
year. If the governing body shall determine that such organization
is ready and able to maintain said open space in reasonable condition,
the municipality shall cease to maintain said open space at the end
of said year. If the governing body shall determine that such organization
is not ready and able to maintain said open space in a reasonable
condition, the municipality may, in its discretion, continue to maintain
said open space during the next succeeding year, subject to a similar
hearing and determination in each year thereafter. The decision of
the governing body in any such case shall constitute a final administrative
decision subject to judicial review.
C.
The cost of such maintenance by the municipality shall be assessed
pro rata against the properties within the development that have a
right of enjoyment of the open space in accordance with assessed value
at the time of imposition of the lien and shall become a lien and
tax on said properties and be added to and be a part of the taxes
to be levied and assessed thereon and shall be enforced and collected
with interest by the same officers and in the same manner as other
taxes.
A.
The regulations and standards set forth in Articles IX, X and XI shall be considered minimum requirements with regard to subdivision and site plan applications, and any deliberations and actions taken by the Planning Board under the terms of these articles shall give primary consideration to the health, safety and welfare of the entire community.
B.
However, the Planning Board, when acting upon an application for subdivision approval or an application for site plan approval, shall have the power to grant such exception, relief or deviation from the applicable regulations and standards of Articles IX, X and XI as it may deem reasonable and within the general purpose and intent of the regulations and standards established under these articles, provided that no such exception, relief or deviation shall be granted unless the Planning Board, after considering the applicant's petition for exception, relief and deviation and supporting proofs, finds that the literal enforcement of one or more of the provisions of these articles, in the applicant's particular case, is impracticable and will exact undue hardship because of peculiar conditions pertaining to the land which is the subject of the application and petition, and that the granting of the requested exception, relief or deviation will not be detrimental to the public health, safety and welfare of the community nor injurious to property in the area in which the premises are located.
C.
An applicant who seeks any such exception, relief or deviation shall submit to the Planning Board, at the time the application is made, a written petition for exception, relief or deviation, which shall fully set forth the nature of the exception, relief or deviation requested and the pertinent facts upon which the applicant will rely to establish the foregoing criteria. The petition thereafter shall be considered by the Planning Board with the applicant's accompanying application for subdivision or site plan approval at a public hearing held in accordance with the provisions of Article VI hereof. No application for exception, relief or deviation shall be approved by the Planning Board until either it has received the County Planning Board's report with respect to the subject subdivision or site plan application, if such report is required, or until the period of time within which such report is required to be submitted has expired. If the reasons therefor shall be made known in writing to the applicant, the applicant thereafter shall remedy said application prior to further consideration by the Board.
A.
If, before final subdivision approval has been granted, any person
transfers or sells, except pursuant to an agreement expressly conditioned
on final subdivision approval, as owner or agent, any land which forms
or is required to form a part of a subdivision, 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.
B.
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 Section 44 of
P.L. 1975, c. 291. 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.
A.
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 the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), may
apply in writing to the Secretary of the Planning Board 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.
B.
The Secretary of the Planning Board shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor. Said Secretary 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.
C.
Each such certificate shall be designated as a "certificate as to
approval of subdivision of land," and shall certify:
(1)
Whether there exists in the Township of White a duly established
Planning Board and whether there is an ordinance controlling subdivision
of land adopted under the authority of the Municipal Land Use Law.
(N.J.S.A. 40:55D-1 et seq.).
(2)
Whether the subdivision, as it relates to the land shown on 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)
Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this chapter and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.). The Secretary of the Planning Board shall receive for such certificate issued by him a fee not in excess of those provided in N.J.S.A. 54:5-14 and 54:5-15, pursuant to § 160-53 of this chapter. The fees so collected by such official shall be paid by him to the Township of White.