These rules, regulations and standards shall
be considered the minimum requirements for the protection of the public
health, safety and welfare of the citizens of the Township of Marlboro.
Any action taken by the Planning Board and Zoning Board of Adjustment
under the terms of this chapter shall give primary consideration to
the requirements of this chapter and to the welfare of the entire
community.
[Amended 12-16-2004 by Ord. No. 2004-27]
A.
There shall be no appeals to the Township Council
of any final decision of the Planning Board.
B.
In accordance with N.J.S.A. 40:55D-17, any interested
party may appeal to the Township Council any final decision of the
Zoning Board of Adjustment approving an application for development
pursuant to Subsection d of N.J.S.A. 40:55D-70. Said appeal shall
be made by serving the Township Clerk in person or by certified mail
with a notice of appeal, specifying the grounds thereof and the name
and address of the appellant and name and address of his attorney,
if represented, within 10 days of the publication of the final decision
by the Zoning Board of Adjustment. The appeal shall be decided by
the Township Council only upon the record established before the Zoning
Board of Adjustment. The procedure for the appeal shall comply with
N.J.S.A. 40:55D-17.
[Amended 9-10-1992 by Ord. No. 21-92[1]]
Notice of the hearing on an amendment to this
chapter proposing a change to the classification or boundaries of
a zoning district, exclusive of classification or boundary changes
recommended in a periodic general reexamination of the Master Plan
by the Planning Board pursuant to N.J.S.A. 40:55D-89, shall be given
prior to adoption in accordance with the provisions of N.J.S.A. 40:55D-62.1.
A protest against any proposed amendment or revision of a zoning regulation
may be filed with the Municipal Clerk, signed by the owners of 20%
or more of the area either of the lots or land included in such proposed
change, or of the lots or land extending 200 feet in all directions
therefrom inclusive of street space, whether within or without the
municipality. Such amendment or revision shall not become effective
following the filing of such protest except by the favorable vote
of 2/3 of all the members of the governing body of the municipality.
A.
Establishment and composition.
[Amended 9-10-1992 by Ord. No. 21-92; 12-16-2021 by Ord. No.
2021-25]
(1)
A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A.
40:55D-69 et seq., as amended, consisting of seven residents of the
Township of Marlboro appointed by the Township Council to serve for
terms of four years from January 1 of the year of their appointment.
The terms of the members first appointed shall be so determined that
to the greatest practicable extent the expiration of such terms shall
be distributed evenly over the first four years after their appointment,
provided that the initial term of no member shall exceed four years.
Thereafter, the term of each member shall be for four years. Nothing
in this chapter shall, however, be construed to affect the term of
any present member of the Zoning Board of Adjustment, all of whom
shall continue in office until the completion of the term for which
they were appointed.
[Amended 2-24-2022 by Ord. No. 2022-001]
(2)
No member of the Zoning Board of Adjustment may hold any elective
office or position under the Township, except that one member may
be a member of the Planning Board.
(3)
A vacancy occurring otherwise than by expiration of term shall be
filled for the unexpired term only.
(4)
There shall be two alternative members appointed by the Township
Council and designated by the Township Council as "Alternate No. 1"
and "Alternate No. 2," each for a term of two years. Alternate members
may participate in discussions of the proceedings but not vote except
in the absence or disqualification of a regular member. A vote shall
not be delayed in order that a regular member may vote instead of
an alternate member. In the event that a choice must be made as to
which alternate member is to vote, Alternate No. 1 shall vote.
[Amended 2-24-2022 by Ord. No. 2022-001]
(5)
Quorum. If the Zoning Board of Adjustment lacks a quorum because
any of its regular or alternate members is prohibited by N.J.S.A.
40:55D-69 from acting on a matter due to the member's personal
or financial interest therein, Class IV members of the Planning Board
shall be called upon to serve, for that matter only, as temporary
members of the Zoning Board of Adjustment. The Class IV members of
the Planning Board shall be called upon to serve in order of seniority
of continuous service to the Planning Board until there are the minimum
number of members necessary to constitute a quorum to act upon the
matter without any personal or financial interest therein, whether
direct or indirect. If a choice has to be made between Class IV members
of equal seniority, the Chairman of the Planning Board shall make
the choice.
B.
Zoning Board of Adjustment authority.
(1)
No variance or other relief may be granted under the
provisions of this section unless such variance or other relief can
be granted without substantial detriment to the public good and will
not substantially impair the intent and purpose of the Zoning Plan
and zoning regulations. An application under this section may be referred
to any appropriate person or agency, including the Planning Board
pursuant to this chapter, for its report, provided that such reference
shall not extend the period of time within which the Zoning Board
of Adjustment shall act.
(2)
The Zoning Board of Adjustment shall have such powers
as are granted by law to:
(a)
Hear and decide, by majority vote, appeals where
it is alleged by the appellant that there is error in any order, requirement,
decision or refusal made by an Administrative Officer based on or
made in the enforcement of the zoning provisions of this chapter.
(b)
Hear and decide, by majority vote, requests
for interpretation of the Zoning Map or regulations or for decisions
upon other special questions upon which such Board is authorized by
the zoning regulations to pass.
(c)
Grant, by majority vote, upon an application
or an appeal relating to a specific piece of property, a variance
from the strict application of the zoning regulations where, by reason
of exceptional narrowness, shallowness or shape of such property,
or by reason of exceptional topographic conditions, or by reason of
other extraordinary and exceptional situation or condition of such
piece of property, the strict application of any regulation in this
chapter would result in peculiar and exceptional practical difficulties
to, or exceptional and undue hardship upon, the developer of such
property, so as to relieve such difficulties or hardship, including
a variance for a conditional use; provided, however, that no variance
shall be granted under this subsection to allow a structure or use
in a district restricted against such structure or use; and provided,
further, that the proposed development does not require approval by
the Planning Board of a subdivision, site plan or conditional use
in conjunction with which the Planning Board shall review a request
for a variance pursuant to this chapter.
(d)
In particular cases and for special reasons, grant a variance to allow departure from regulations of this chapter to permit a use or principal structure in a district restricted against such use or principal structure; an expansion of a nonconforming use; deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use; an increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4; an increase in the permitted density as defined in N.J.S.A. 40:55D-4 and § 220-4 of this chapter, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision; or a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members of the Zoning Board of Adjustment. If an application for development requests one or more variances but not a variance for one of the six purposes enumerated above, the decision on the requested variance or variances shall be rendered under Subsection B(2)(c) of this section.
[Amended 9-10-1992 by Ord. No. 21-92]
(e)
Direct the issuance of a permit for a building
or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved on an adopted Official
Map whenever one or more parcels of land located in these areas cannot
yield a reasonable return to the owner unless a building permit is
granted, provided that the approval given will as little as practicable
increase the cost of opening such street or tend to cause minimum
change to the Official Map, and the Board shall impose reasonable
requirements as a condition of granting the permit so as to promote
the health, morals, safety and general welfare of the public. However,
the Zoning Board of Adjustment shall not exercise the power otherwise
granted by this section if the proposed development requires approval
by the Planning Board of a subdivision, site plan or conditional use
in conjunction with which the Planning Board has power to direct the
issuance of a permit pursuant to N.J.S.A. 40:55D-60.
[Amended 9-10-1992 by Ord. No. 21-92]
(f)
Direct the issuance of a permit for a building
or structure not related to a street where the denial of the permit
would entail practical difficulty or unnecessary hardship or the circumstances
do not require the building or structure to be related to a street,
except that the issuance of such a permit shall be subject to conditions
that will provide adequate access to fire-fighting equipment, ambulances
and other emergency vehicles necessary for the protection of health
and safety and subject to conditions that will protect any future
street layout shown on the Official Map or on a general circulation
plan element of the Master Plan. However, the Zoning Board of Adjustment
shall not exercise the power otherwise granted by this section if
the proposed development requires approval by the Planning Board of
a subdivision, site plan or conditional use in conjunction with which
the Planning Board has power to direct the issuance of a permit pursuant
to N.J.S.A. 40:55D-60.
[Amended 9-10-1992 by Ord. No. 21-92]
C.
Appeals and applications to the Board of Adjustment.
Appeals to the Board of Adjustment may be taken by any interested
party affected by any decision of an Administrative Officer of the
municipality based on or made in the enforcement of the zoning regulations
or Official Map. Such appeal shall be taken within 20 days by filing
a notice of appeal with the officer from whom the appeal is taken,
specifying the grounds of such appeal. The officer from whom the appeal
is taken shall immediately transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
D.
Referral of applications to appropriate agency. Any
application under any subsection of this section may be referred to
any appropriate person or agency, including the Planning Board, for
its report, provided that such reference shall not extend the period
of time within which the Zoning Board of Adjustment shall act.
E.
Time for approval.
(1)
Whenever an application for development requests relief pursuant to Subsection B of this section, the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by the developer of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the Administrative Officer as to the failure of the Board of Adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
(2)
Whenever review or approval of the application by
the County Planning Board is required by Section 5 of P.L. 1968, c.
285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section
8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site
plan, the Zoning Board of Adjustment shall condition any approval
that it grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time.
(3)
An application for development shall be complete for purposes of commencing the applicable time period when it conforms to the definition of a "complete application" as contained in the Municipal Land Use Law, Chapter 291 of the Laws of New Jersey 1975, as amended, and when the applicant complies with the requirements of the applicable checklist(s) set forth in § 220-8J below.
[Added 12-12-1996 by Ord. No. 38-96;
amended 12-17-2009 by Ord. No. 2009-41]
F.
In the granting of hardship and use variances, a time
limit of one year from the date of the variance approval shall be
set within which the owner shall secure a building permit, otherwise
the variance granted shall be null and void. This time limit may be
extended by the approving agency for good cause shown.
G.
The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to this chapter or conditional use approval pursuant to this chapter whenever the proposed development requires approval by the Board of Adjustment of a variance pursuant to Subsection B(2)(d) of this section. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning provisions. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to the aforesaid Subsection E of this section shall not be required.
H.
Provisions applicable to both Zoning Board and Planning Board. See also § 220-10, Provisions applicable to both Zoning Board of Adjustment and Planning Board.
I.
To be considered at a regular meeting of the Zoning
Board of Adjustment, a written application and supporting documents,
together with the fee, shall be submitted to the Administrative Officer
at least 10 days prior to the meeting and in the following quantities:
J.
Applicants
seeking approval for bulk variances, use variances or appealing the
decision of the Zoning Officer concerning an interpretation of the
Code shall complete and submit the applicable Zoning Board of Adjustment
applications set forth as attachments to this chapter:
[Added 12-17-2009 by Ord. No. 2009-41]
A.
Establishment.
(1)
There is hereby established in the Township of Marlboro
pursuant to the Municipal Land Use Law, as amended, a Planning Board
of nine members consisting of the following four classes:
(a)
Class I: the Mayor or the Mayor's designee in
the absence of the Mayor.
[Amended 12-10-2009 by Ord. No. 2009-35]
(b)
Class II: one of the officials of the Township,
other than a member of the governing body, to be appointed by the
Mayor, provided that if there is an Environmental Commission, the
member of the Environmental Commission[1] who is also a member of the Planning Board as required
by N.J.S.A. 40:56A-1, as amended, shall be deemed to be the Class
II Planning Board member if there is both a member of the Zoning Board
of Adjustment and a member of the Board of Education among the Class
IV members.
(c)
Class III: a member of the governing body, to
be appointed by it.
(d)
Class IV: six other citizens of the Township,
to be appointed by the Mayor.
(2)
The members of Class IV shall hold no other municipal
office, except that one member may be a member of the Zoning Board
of Adjustment and one may be a member of the Board of Education. A
member of the Environmental Commission who is also a member of the
Planning Board as required by N.J.S.A. 40:56A-1, as amended, shall
be a Class IV Planning Board member unless there be among the Class
IV members of the Planning Board both a member of the Zoning Board
of Adjustment and a member of the Board of Education, in which case
the member of the Environmental Commission shall be deemed to be a
Class II member of the Planning Board.
(3)
Alternate members.
(a)
There shall be appointed to the Planning Board
not more than two alternate members. Alternate members shall be appointed
by the appointing authority for Class I members and shall meet the
qualifications of Class IV members of nine-member planning boards.
Alternate members shall be designated at the time of appointment by
the Mayor as "Alternate No. 1" and "Alternate No. 2." The terms of
the alternate members shall be for two years, except that the terms
of the alternate members shall be such that the term of not more than
one alternate member shall expire in any one year; provided, however,
that in no instance shall the terms of the alternate members first
appointed exceed two years. A vacancy occurring otherwise than by
expiration of term shall be filled by the appointing authority for
the unexpired term only.
(b)
No alternate member shall be permitted to act
on any matter in which he has, either directly or indirectly, any
personal or financial interest. An alternate member may, after public
hearing if he requests one, be removed by the governing body for cause.
(c)
Alternate members may participate in discussions
of the proceedings but may not vote except in the absence or disqualification
of a regular member of any class. A vote should not be delayed in
order that a regular member may vote instead of an alternate member.
In the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
[Amended 4-22-1993 by Ord. No. 11-93]
(4)
Quorum. If the Planning Board lacks a quorum because
any of its regular or alternate members is prohibited from acting
upon a matter due to the member's personal or financial interests
therein, regular members of the Zoning Board of Adjustment shall be
called upon to serve, for that matter only, as temporary members of
the Planning Board, in order of seniority of continuous service to
the Zoning Board of Adjustment, until there are the minimum number
of members necessary to constitute a quorum to act upon the matter
without any person or financial interest therein, whether direct or
indirect. If a choice has to be made between regular members of equal
seniority, the Chairman of the Zoning Board of Adjustment shall make
the choice.
[Added 9-10-1992 by Ord. No. 21-92]
B.
Terms.
(1)
The term of the member composing Class I shall correspond
to the Mayor's official tenure, or if the member is the Mayor's designee
in the absence of the Mayor, the designee shall serve at the pleasure
of the Mayor during the Mayor's official tenure. The terms of the
members composing Classes II and III shall be for one year or terminate
at the completion of their respective terms of office, whichever occurs
first, except that the term of a Class II member or Class IV member
who is also a member of the Environmental Commission shall be for
three years or terminate at the completion of his term of office as
a member of the Environmental Commission, whichever occurs first.
[Amended 12-10-2009 by Ord. No. 2009-35]
(2)
The term of a Class IV member who is also a member
of the Zoning Board of Adjustment or the Board of Education shall
terminate whenever he is no longer a member of such other body or
at the completion of his first Class IV term, whichever occurs first.
(3)
The terms of all Class IV members first appointed
pursuant to this chapter shall be so determined that to the greatest
practicable extent the expiration of such terms shall be distributed
evenly over the first four years after their appointment; provided,
however, that no term of any member shall exceed four years, and further
provided that nothing herein shall affect the term of any present
member of the Planning Board, all of whom shall continue in office
until the completion of the terms for which they were appointed. Thereafter,
all Class IV members shall be appointed for terms of four years except
as otherwise herein provided. All terms shall run from January 1 of
the year in which the appointment was made.
C.
Vacancies. If a vacancy of any class shall occur otherwise
than by expiration of a term, it shall be filled by appointment for
the unexpired term.
D.
Authority.
(1)
Except where a use variance is involved as outlined in § 220-8, Zoning Board of Adjustment, the Planning Board shall approve all subdivisions, site plans, planned development applications and conditional uses which conform to the provisions of this chapter, and the owner, developer or occupant is required to request such approval.
(2)
The Planning Board shall have the following authority:
(a)
Planning Board review in lieu of Board of Adjustment.
The Planning Board, when reviewing applications for approval of subdivision
plats, site plans or conditional uses, shall have the following powers,
to the same extent and subject to the same restrictions as the Board
of Adjustment:
[1]
Where, by reason of exceptional narrowness,
shallowness or shape of a specific piece of property, or by reason
of exceptional topographic conditions, or by reason of other extraordinary
and exceptional situation or condition of such piece of property,
the strict application of any regulation of this chapter would result
in peculiar and exceptional practical difficulties to, or exceptional
and undue hardship upon, the developer of such property, to grant,
upon an application or an appeal relating to such property, a variance
from such strict application of the zoning regulations for lot area,
lot dimension, setback and yard requirements so as to relieve such
difficulties or hardship; provided, however, that no variance shall
be granted under this subsection to allow a structure or use in a
district restricted against such structure or use.
[2]
To direct the issuance of a permit for a building
or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved on an adopted Official
Map whenever one or more parcels of land located in these areas cannot
yield a reasonable return to the owner unless a building permit is
granted, provided the approval given will as little as practicable
increase the cost of opening such street or tend to cause minimum
change to the Official Map, and the Board shall impose reasonable
requirements as a condition of granting the permit so as to promote
the health, morals, safety and general welfare of the public.
[3]
To direct the issuance of a permit for a building
or structure not related to a street where the denial of the permit
would entail practical difficulty or unnecessary hardship or the circumstances
do not require the building or structure to be related to a street,
except that the issuance of such a permit shall be subject to conditions
that will provide adequate access for fire-fighting equipment, ambulances
and other emergency vehicles necessary for the protection, health
and safety and subject to conditions that will protect any future
street layout shown on the Official Map or on a general circulation
plan element of the Master Plan.
(b)
Whenever relief is requested pursuant to this
section, notice of the hearing on the application for development
shall include reference to the request for a variance or direction
for the issuance of a permit, as the case may be. Whenever an application
for approval of a subdivision plat, site plan or conditional use includes
a request for a variance or the issuance of a permit, the Planning
Board shall grant or deny approval of the application within 95 days
after submission of a complete application to the Administrative Officer
or within such further time as may be consented to by the applicant.
Failure of the Planning Board to act within this period shall constitute
approval of the application.
(c)
The Planning Board shall also have the power to review and approve or deny conditional uses as outlined in § 220-29, Conditional uses. The Board has the authority to review all aspects of a development plan simultaneously without the developer's being required to make further application to the Planning Board or the Planning Board's being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to these provisions, notice of the public hearing shall include reference to the request for such conditional use.
(d)
Hearing notices and actions taken by the Planning Board when reviewing the site plan or subdivision simultaneously with applications requiring considerations for conditional uses and variance shall be in accordance with § 220-11, Public hearings and notices.
(e)
In the event the Planning Board disapproves
a development plan, no building permit or certificate of occupancy
shall be issued. Any applicant wishing to make a change in an approved
application shall follow the same procedures as the original application.
(f)
The Planning Board shall have the authority
to permit a deviation from the final plan if caused by change of conditions
beyond the control of the developer since the date of final approval
and the deviation would not substantially impair the intent and purpose
of the Master Plan and zoning regulations and will substantially conform
to the preliminary approval.
(g)
Whenever an application for approval of a subdivision
plat, site plan or conditional use includes a request for a variance
or building permit in conflict with the Official Map or for a lot
not related to a street, the Planning Board shall grant or deny approval
of the application within 95 days after submission by a developer
of a complete application to the Administrative Officer or within
such further time as may be consented to by the applicant.
(h)
Time periods.
[1]
Whenever an application for approval of a subdivision
plat, site plan or conditional use includes a request for relief pursuant
to this chapter, the Planning Board shall grant or deny approval of
the application within 95 days after submission by a developer of
a complete application to the Administrative Officer 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
approval of the application, 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, and it shall be sufficient in lieu of
the written endorsement or other evidence of approval herein required
and shall be so accepted by the county recording officer for purposes
of filing subdivision plats.
[2]
An application for development shall be complete
for purposes of commencing the applicable time period when it conforms
to the definition of a "complete application" as contained in the
Municipal Land Use Law, Chapter 291 of the Laws of New Jersey 1975,
as amended, and when the applicant complies with the following checklist.[2]
[2]
Editor's Note: Checklists for minor subdivision,
preliminary major subdivision, final major subdivision, site plan,
and variance applications are included as attachments to this chapter.
[3]
Whenever review or approval of the application
by the County Planning Board is required by Section 5 of P.L. 1968,
c. 285 (N.J.S.A. 40: 27-6.3), in the case of a subdivision, or Section
8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site
plan, the Municipal Planning Board shall condition any approval that
it grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time period.
A.
Organization of Board. The Planning Board shall elect
a Chairman and Vice Chairman from the members of Class IV. The Zoning
Board of Adjustment shall elect a Chairman and Vice Chairman from
its membership. Both Boards shall elect a Secretary.
B.
Attorney. There is hereby created the office of Planning
Board Attorney and the office of Attorney to the Zoning Board of Adjustment.
Each Board may annually appoint, fix the compensation of or agree
upon the rate of compensation of their respective Board Attorney,
who shall be an attorney other than the Township Attorney. The rates,
fees and total compensation to be paid to said attorneys shall be
subject to the approval of the Township Council.
C.
Experts and staff. The Planning Board and Zoning Board
of Adjustment may employ or contract for the services of experts and
other staff and services as they deem necessary, including an Assistant
Secretary to perform secretarial duties. The Board shall not authorize
expenditures which exceed, exclusive of gifts or grants, the amount
appropriated by the governing body for its use.
D.
Rules and regulations. Each Board shall adopt such
rules and regulations as may be necessary to carry into effect the
provisions and purpose of this chapter. In the issuance of subpoenas,
administration of oaths and taking of testimony, the provisions of
the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:76A-1
et seq., as amended) shall apply.
E.
Conflicts of interest. No member of the Planning Board
or Zoning Board of Adjustment shall act on any matter in which he
has, either directly or indirectly, any personal or financial interest.
Whenever any such member shall disqualify himself from acting on a
particular matter, he shall not continue to sit with the Board on
the hearing of such matter nor participate in any discussion or decision
relating thereto.
F.
Meetings.
(1)
Every Planning Board and Zoning Board shall, by its
rules, fix the time and place for holding its regular meetings for
business authorized to be conducted by such agency. Regular meetings
of the municipal agency shall be scheduled not less than once a month
and shall be held as scheduled unless canceled for lack of applications
for development to process. The municipal agency may provide for special
meetings at the call of the Chairman or on the request of any two
of its members, which shall be held on notice to its members and the
public in accordance with municipal regulations. No action shall be
taken at any meeting without a quorum being present.
(2)
All action shall be taken by a majority vote of the
members of the municipal agency present at the meeting except as otherwise
required by the Municipal Land Use Law, Chapter 291, Laws of New Jersey
1975, as amended by Chapter 216, Laws of New Jersey 1979, or this
chapter.
(3)
All regular meetings and all special meetings shall
be open to the public. Notice of all such meetings shall be given
in accordance with the requirements of the Open Public Meetings Law,
Chapter 231, Laws of New Jersey 1975, as amended.
G.
Minutes. Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the Board and of the persons appearing by attorney,
the action taken by the Board and findings, if any, made by it and
reasons therefor. The minutes shall thereafter be made available for
public inspection during normal business hours at the office of the
Municipal Clerk. Any interested party shall have the right to compel
production of the minutes for use as evidence in any legal proceeding
concerning the subject matter of such minutes. Such interested party
may be charged a fee for reproduction of the minutes for his use as
provided for in the rules of the Board.
H.
Hearings.
(1)
Rules. The Planning Board and the Zoning Board of
Adjustment may make rules governing the conduct of hearings before
such bodies, which rules shall not be inconsistent with the provisions
of N.J.S.A. 40:55D-1 et seq., as amended, or of this chapter.
(2)
Oaths. The officer presiding at the hearing or such
person as he may designate shall have the power to administer oaths
or issue subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses and documents presented
by the parties, and the provisions of the County and Municipal Investigations
Law, P.L. 1963, c. 1938 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
(3)
Testimony. The testimony of all witnesses relating
to an application for development shall be taken under oath or affirmation
by the presiding officer and the right of cross-examination shall
be permitted to all interested parties through their attorneys, if
represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witnesses.
(4)
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
(5)
Records. Each Board shall provide for the verbatim
recording of the proceedings by either stenographer or mechanical
or electronic means. The Board shall furnish a transcript or duplicate
recording in lieu thereof on request to any interested party at his
expense.
(6)
Fees: statutory maximums. A municipal agency, in furnishing
a transcript of the proceedings to an interested party at his expense,
shall not charge such interested party more than the maximum permitted
in N.J.S.A. 2A:11-15. Said transcript shall be certified in writing
by the transcriber to be accurate.
(7)
Certified court reporter. If any applicant desires
a certified court reporter, the cost of taking testimony and transcribing
it and providing a copy of the transcript to the Township shall be
at the expense of the applicant, who shall also arrange for the reporter's
attendance.
(8)
Members absent for meetings: eligibility to vote.
A member of a Planning Board or Zoning Board who was absent for one
or more of the meetings at which a hearing was held shall be eligible
to vote on the matter upon which the hearing was conducted, notwithstanding
his absence from one or more of the meetings; provided, however, that
such Board member has available to him the transcript or recording
of all of the hearing from which he was absent and certifies in writing
to the Board that he had read such transcript or listened to such
recording.
(9)
Decisions reduced to writing. Each decision on any
application for development shall be reduced to writing as provided
in this subsection and shall include findings of fact and conclusions
based thereon.
(10)
Denial of application. Failure of a motion to
approve an application for development to receive the number of votes
required for approval shall be deemed an action denying the application.
(11)
Resolution of memorialization.
(a)
The Planning Board and the Zoning Board may
provide such written decision and findings and conclusions either
on the date of the meeting at which the municipal agency takes to
grant or deny approval or, if the meeting at which such action is
taken occurs within the final 45 days of the applicable time period
for rendering a decision on the application for development, within
45 days of such meeting by the adoption of a resolution of memorialization
setting forth the decision and the findings and conclusions of the
municipal agency thereon. An action resulting from the failure of
a motion to approve an application shall be memorialized by resolution
as provided above, notwithstanding the time at which such action occurs
within the applicable time period for rendering a decision on the
application.
(b)
The adoption of a resolution of memorialization
pursuant to this subsection shall not be construed to alter the applicable
time period for rendering a decision on the application for development.
Such resolution shall be adopted by a vote of a majority of the members
of the municipal agency who voted for the action previously taken,
and no other member shall vote thereon. The vote on such resolution
shall be deemed to be a memorialization of an action of the municipal
agency and not to be an action of the municipal agency; except that
failure to adopt such a resolution within the forty-five-day period
shall result in the approval of the application for development, notwithstanding
any prior action taken thereon.
I.
Zoning permits required.
[Added 3-1-2001 by Ord. No. 2001-2]
(1)
All fence and shed installations shall require a zoning
permit prior to the start of construction. Such permit shall be issued
by the Zoning Officer or his/her designee.
(2)
All zoning permit applications shall be made to the
Zoning Officer or his/her designee on forms provided by the office.
(3)
The application fee for the zoning permit is $35 and
is in addition to any required construction permit fee.
(4)
Zoning permits shall be valid for a period of one
year from the date of issuance.
A.
Notice required; exceptions. Public notice of a hearing
on an application for development shall be given except for:
(1)
Minor site plan review;
(2)
Minor subdivisions; and
(3)
Final approval of a subdivision, provided that this
section shall not foreclose the right of the governing body to provide
by ordinance that public notice must be given for such categories
of site plan review as it may specify, and further provided that public
notice shall be given in the event that any type of variance relief
is requested pursuant to the zoning regulations or subdivision regulations
of this chapter. For purposes of this chapter, the term "public notice"
shall include a notice sign. Public notice shall be given as provided
in this section.
[Amended 5-13-2004 by Ord. No. 2004-4]
B.
Requirements for hearings. All hearings conducted
on subdivisions, site plans or variances before either the Zoning
Board of Adjustment or the Planning Board shall follow the requirements
of the Municipal Land Use Law as amended, as summarized below.
(1)
Any maps and documents submitted for approval shall
be on file and available for public inspection at least 10 days before
the hearing date during normal business hours in the office of the
Municipal Clerk.
(2)
The approving authority shall provide for the verbatim
recording of the proceedings by either stenographic or mechanical
or electronic means.
(3)
Each decision on any application shall be in writing
and shall include findings of fact and conclusions based thereon.
(4)
A copy of the decision shall be mailed by the approving
authority within 10 days of the date of the decision to the applicant,
or if represented by an attorney, then to the attorney, and a copy
shall also be filed in the office of the Administrative Officer. A
brief notice of the decision shall also be published in the official
newspaper of the municipality, if there be one, or in a newspaper
of general circulation in the municipality, the publication of which
shall be arranged by the Administrative Officer. The period of time
in which an appeal of the decision may be made shall run from the
first publication of the decision.
(5)
Public notices; notice signs.
[Amended 5-13-2004 by Ord. No. 2004-4; 10-14-2004 by Ord. No.
2004-13]
(a)
All public notices (other than notice signs)
shall state the date, time and place of the public hearing, the nature
of all the matters to be considered and an identification of the property
proposed for development by street address, if any, or by reference
to lot and block numbers and the location and times at which any maps
and documents are available for public inspection. Notice signs required
to be erected on the property which is the subject of the application
for development shall state the name of the applicant, the name of
the public body from which the applicant is seeking approval, the
phone number of the public body where a person may seek information
as to the date and time of the public hearing on the application and
a statement that this number may be called to obtain such information,
a brief description of the nature of the approval sought, including
the number of proposed dwelling units, the type of units, e.g., single-family
homes, townhomes, garden apartments, and in the case of nonresidential
uses, the nature of the proposed construction, e.g., warehouses, commercial
use and the proposed square footage of the construction. Notwithstanding
anything stated to the contrary herein, the requirement to erect a
notice sign shall not a apply to a single-family residential lot,
provided the application does not include a use variance request or
a minor subdivision which creates no new lots.
(b)
The notice sign shall not refer to any name
of a planned development or that such development is "coming soon,"
"future site of" or any other language that a reasonable person may
construe as the development having been approved prior to the applicant's
receipt of an approval resolution either from the Planning Board or
the Zoning Board of Adjustment. The notice sign shall not contain
any other information except as authorized herein.
(6)
The applicant shall be responsible for and shall bear the cost of providing the public notices (including notice signs) required by this section. Public notices shall be given at least 10 days prior to the hearing date. Public notice (other than by notice sign) shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality. Notice signs shall contain the information required in § 220-11B(5) and shall satisfy the following requirements: The notice sign shall be between 32 square feet in area and 64 square feet in area; face a public street abutting the property which is the subject of the application; and be located not more than 30 feet from such street. The lettering on the notice sign shall be of such a type face and size as to be clearly visible to motorists and pedestrians in or on the abutting street. The notice sign shall remain until the applicable public body shall grant or deny final approval or the applicant shall withdraw the application. The notice sign shall comply with the provisions of this chapter applicable to signs to the extent not inconsistent with this section. Failure by an applicant to provide a notice sign as required by this section will constitute a violation of this Code subject to the penalties provided by § 4-3 of the Code.
[Amended 5-13-2004 by Ord. No. 2004-4]
(7)
Notice of a hearing requiring public notice pursuant
to this chapter (other than a sign notice) shall be given to the owners
of all real property, as shown on the current tax duplicate, located
in the state and within 200 feet in all directions of the property
which is the subject of such hearing, provided that this requirement
shall be deemed satisfied by notice to the:
[Amended 5-13-2004 by Ord. No. 2004-4; 10-14-2004 by Ord. No.
2004-13]
C.
Service of notices.
(2)
Notice to a partnership owner may be made by service
upon any partner. Notice to a corporate owner may be made by service
upon its president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
Notice to a condominium association, horizontal regime, community
trust or homeowners' association because of its ownership of common
elements or areas located within 200 feet of the property which is
the subject of the hearing may be made in the same manner as to a
corporation without further notice to unit owners, co-owners or homeowners
on account of such common elements or areas.
[Amended 5-13-2004 by Ord. No. 2004-4; 10-14-2004 by Ord. No.
2004-13]
(3)
Upon the written request of an applicant, the Tax
Assessor of the municipality shall, within seven days, make and certify
a list from said current tax duplicates of names and addresses of
owners to whom the applicant is required to give notice pursuant to
this chapter. The applicant shall be entitled to rely upon the information
contained in such list, and failure to give notice to any owner not
on the list shall not invalidate any hearings or proceedings. A sum
not to exceed $0.25 per name or $10, whichever is greater, shall be
charged for such list.
[Amended 4-28-1988 by Ord. No. 17-88]
(4)
Notice of hearings on applications for development
involving property located within 200 feet of an adjoining municipality
shall be given by personal service or certified mail to the Clerk
of such municipality.
[Amended 5-13-2004 by Ord. No. 2004-4; 10-14-2004 by Ord. No.
2004-13]
(5)
Public notices (other than notice signs) shall be given to owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. The notice shall be given by either serving a copy thereof on the property owner or mailing a copy thereof by certified mail to the property owner at his address as shown on said current tax duplicate; provided, however, that such notice requirement shall be deemed satisfied as set forth in § 220-11B(7).
[Amended 5-13-2004 by Ord. No. 2004-4; 10-14-2004 by Ord. No.
2004-13]
(6)
Notice shall be given by personal service or certified
mail to:
(a)
The County Planning Board where the hearing
concerns a property adjacent to an existing county road or proposed
road shown on the Official County Map or on the County Master Plan,
adjoining other county land or situated within 200 feet of a municipal
boundary.
(b)
The Commissioner of Transportation where the
hearing concerns a property adjacent to a state highway.
(c)
The Director of the Division of State and Regional
Planning where the hearing concerns a property which exceeds 150 acres
or exceeds 500 dwelling units, and the notice to the Director shall
include a copy of any maps or documents required to be on file with
the Administrative Officer.
D.
Affidavit of proof of service. The applicant shall
file an affidavit of proof of service of required notices and of public
notice publication with the municipal agency holding the hearing.
Any notice made by certified mail shall be deemed complete upon mailing.
The approving authority, when acting upon applications for preliminary or minor subdivision approval and preliminary site plan approval, shall have the power to grant such exceptions from the design and performance standards in Article VIII of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivision-site plan review and approval if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question. The approving authority shall have the power to review and approve or deny conditional uses or site plans simultaneously with a review for subdivision approval without the developer's or approving authority's being required to hold further hearings. The longest time period for action by the approving authority, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer in conjunction with a site plan or subdivision, notice of the hearing on the conditional use shall include reference to the request for any subdivision and/or site plan approval involved.
A.
Divisions of land not considered a subdivision as
defined in this chapter shall be exempt from compliance with the requirements
of this chapter only after affirmative action by the approving authority.
Such action shall be taken following submission of documentation to
the approving authority showing the division of land for agricultural
purposes where all resulting parcels are five acres or larger in size;
division by testamentary or intestate provisions; division of property
by court order; or conveyance so as to combine existing lots by deed
or other instrument, as the case may be. Until exempted from the subdivision
regulations by the approving authority, no person can transfer, sell
or agree to transfer or sell, as owner or agent, any land which forms
a part of a subdivision for which approval is required.
B.
Site plan approval by the approving authority shall
not be required for single-family and two-family dwellings nor for
accessory buildings to agricultural and horticultural uses, unless
such uses are located in a flood hazard area, except that horse tracks,
ponds, dams and recreation courts are not exempt. Interior building
alterations which do not involve a change in use or additional parking
shall be exempt.[1]
[Amended 2-11-1988 by Ord. No. 3-88; 7-14-1988 by Ord. No.
32-88]
The applicant/developer shall, at the time of
filing an application or at such time as the applicant shall request
referral of a proposal for development to the technical review committee
prior to formal application, pay a fee to the Township of Marlboro
through the Administrative Officer by cash, check or money order in
accordance with the fee schedule set forth hereinafter.[1] For the postponement of a hearing or appearance by an
applicant of not less than three weeks' notice, there shall be charged
a postponement fee of 1/2 the total application fee.
[1]
Editor's Note: The fee schedules, Schedule A, Schedule B and Schedule C, are included as attachments to this chapter.
[Added 2-11-1988 by Ord. No. 3-88]
The fees set forth in Schedule A[1] shall be nonrefundable and are for the purpose of offsetting in-house administrative, clerical and technical costs, exclusive of expenses for professional consultants, such as legal, planning, engineering and other professional fees, costs and expenses, except as otherwise noted in Schedule A. The fee to be paid shall be the sum of the fees for the component elements of the plat or plan. Proposals requiring a combination of approvals, such as subdivision, site plan and/or variances, shall require a fee equal to the sum of the fees for each element of the approval.
[Added 2-11-1988 by Ord. No. 3-88]
A.
The fees required by Schedule B[1] shall be for the purpose of reimbursing the Township for direct and indirect fees, costs, charges and expenses of professional consultants retained by or on behalf of the Township, its boards, commissions or agencies and employees and staff of the Township, its boards, commissions or agencies in reviewing and testifying and/or assisting the Township in the processing of applications pursuant to the Land Use Ordinance and/or assisting the Township in evaluation, planning and proper design of municipal services and facilities in order to meet the needs of the proposed project and for on-site inspections related thereto. The fees required by Schedule B shall be deposited with the Township at the time the initial development documents are submitted and shall remain in an interest-bearing escrow fund. Whenever the amount of the fees paid to the Township pursuant to Schedule B or any cash performance or maintenance guaranties posted with the Township by the applicant/developer shall exceed $5,000, the Township shall notify the applicant in writing of the name and address of the depository and the amount of the deposit. If the amount of interest earned on the cash deposit exceeds $100 per annum, that entire amount shall belong to the applicant/developer and shall be refunded to him by the Township annually or at the time the deposit is repaid or applied to the purposes for which it was originally deposited, as the case may be, except that the Township may retain for administrative expenses not more than 33 1/2% of that entire interest amount. All costs, expenses, charges and fees incurred by the Planning Board, the Board of Adjustment, the Township or other board, commission or agency of the Township for the services of the planner, engineer, attorney, other professional consultant, expert, employee or staff incurred as a direct result of the developer's project shall be charged to this escrow fund.
[Amended 2-25-2016 by Ord. No. 2016-4]
B.
Within 45 days after the filing of an application for development, the Planning Board and/or the Board of Adjustment, as the case may be, shall, in conjunction with appropriate representatives of the staff of the Township, review the application for development to determine whether the escrow amount set forth in Schedule B is adequate. In conducting such review, the Board shall consider the following criteria:
(1)
The presence or absence of public water and/or sewer
servicing the site.
(2)
Environmental considerations, including but not limited
to geological, hydrological and ecological factors.
(3)
Traffic impact of the proposed development.
(4)
Impact of the proposed development on existing aquifer
and/or water quality.
C.
Upon completion of the review and within the forty-five-day
period, the Board shall adopt a resolution specifying whether the
escrow amount specified above is sufficient, excessive or insufficient.
In the event that the Board shall determine that the amount is excessive,
it shall, in the resolution, specify the amount that shall be deemed
sufficient, including a specification, if appropriate, that no escrow
be posted. In the event that the Board shall determine the amount
specified above is insufficient, it shall so specify and shall set
forth the amount required to be posted in light of the criteria specified
herein.
D.
Prior to an application's being determined complete, the applicant shall post the required escrow amount as set forth in Schedule B, or, if the reviewing Board has passed a resolution as provided for above, the amount of escrow provided for by that resolution, with the Chief Financial Officer in the form of cash, certified check or money order.
E.
If during the pendency of an application, the amount
of the escrow account has been depleted to 20% of the original escrow
amount, the Chief Financial Officer shall notify the appropriate Board.
The Board shall again evaluate the application, as provided for above,
and notify the Chief Financial Officer and applicant of any additional
escrow deposit required. The applicant shall immediately deposit the
additional escrow amount with the Chief Financial Officer and notify
the appropriate Board that the required deposit has been made. In
the event that it is necessary for a Board to take action on an application
prior to the additional escrow deposit being made, any approval shall
be conditioned upon the escrow deposit being made.
F.
Upon request of an applicant, the Chief Financial
Officer shall furnish the applicant with a statement of all disbursements
made during the development review process.
G.
All bills, invoices or vouchers submitted by professionals
or experts relating to an application shall specify the services performed
for said application, the hourly rate, the number of hours spent and
any other expenses incurred. All charges for employee and staff time
shall specify the services performed and the amount of time related
to an application in performing such services.
[Amended 9-10-1992 by Ord. No. 21-92]
H.
The unit (i.e., per diem or hourly fee) of the professional,
expert, employee or staff shall be in accordance with the unit charges,
contracted for by the appropriate Board or with the Township or as
prescribed by the Salary Ordinance of the Township of Marlboro.
I.
All escrow funds not expended shall be refunded to
the applicant within 60 days after the appropriate Board has taken
final action on the application or after a withdrawal or dismissal
of an application.
J.
In the event of an escrow shortfall requiring collection
by the municipality, then the applicant shall be responsible for all
legal fees and costs in connection with the collection. Any escrow
shortfall, together with such fees and costs, shall be charged against
the lands involved. Any amount so charged shall immediately become
a lien upon said lands and shall be added to and become a part of
the taxes next to be assessed and levied upon such lands.
[Added 5-23-1991 by Ord. No. 9-91]
K.
The Township shall render a written final accounting
to the developer on the uses to which the deposit was put. Thereafter,
the Township shall, upon written request, provide copies of the vouchers
to the developer. If the salary, staff support and overhead for a
professional are provided by the Township, the charge to the deposit
shall not exceed 200% of the sum of the products resulting from multiplying
the hourly base salary of each of the professionals by the number
of hours spent by the respective professional on review of the application
for development or the developer's improvements, as the case may be.
For other professionals the charge to the deposit shall be at the
same rate as all other work of the same nature by the professional
for the municipality.
[Added 9-10-1992 by Ord. No. 21-92]
L.
Notwithstanding anything to the contrary set forth in this section, an applicant for a hardship or bulk variance in connection with a residential fence, accessory structure, pool, deck, addition or shed shall be required to post the escrow amount for such application set forth in Schedule B.[2] If the professional expenses for the review of such application exceeds the amount posted by the applicant pursuant to Schedule B, the applicant shall be required to replenish such escrow amount in order to cover the cost of all professional review services undertaken by the Township with respect to the application and to avoid subsidization of development applications by municipal tax payers.
[Added 11-3-2005 by Ord. No. 2005-48; amended 3-6-2008 by Ord. No. 2008-3]
[Added 6-27-2002 by Ord. No. 2002-18; amended 10-6-2005 by Ord. No. 2005-49; 9-16-2010 by Ord. No. 2010-21; 12-18-2018 by Ord. No. 2018-22]
Charitable, philanthropic, fraternal, athletic, veterans, recreational,
volunteer fire and first aid squads, and religious nonprofit organizations
holding a tax-exempt status under the Federal Internal Revenue Code
of 1954 [26 U.S.C. § 501(c) or (d)] shall be exempt from
the normal application fees required under this chapter. Said exemption
shall be granted upon application to the Business Administrator, along
with proof of said tax-exempt status. If granted, said exemption shall
be confirmed by resolution of the Township Council.
[Added 10-19-2006 by Ord. No. 2006-33; amended 9-12-2013 by Ord. No. 2013-18]
A.
As recognized in the State's Best Management Practices Manual, regular and thorough maintenance is necessary for stormwater management measures to perform effectively and reliably. Failure to perform such maintenance can lead to diminished performance, deterioration, and failure, in addition to a range of health and safety issues. The potential for problems to develop is accentuated by the various features that allow stormwater management measures to function as designed, including holding or slowing moving water, dense vegetation, forebays, trash racks, dams, and the need to continually function in all types of weather. By nature, stormwater management measures are also expected to become repositories for sediment, nutrients, trash, debris, and other pollutants targeted by the NJDEP Stormwater Management Rules. Accordingly, stormwater management measures require regular inspection and cleaning, sediment and debris removal, and periodic replacement. In recognition of these needs and potential problems, preventative maintenance fees are required for development applications. The fees required by Schedule C[1]shall be for the purpose of reimbursing the Township for
direct fees, costs, charges and expenses for administrative, clerical,
technical, and maintenance costs of in-house staff and professional
consultants such as legal, planning, and engineering and other professional
fees, costs and expenses exclusively for the implementation of stormwater
management plans and/or measures and their associated impact to existing
and future municipal infrastructure, waterways, and watersheds.
B.
The fees set forth under Schedule C shall be required prior to approval of any application for major development as defined within Code § 220-147 et seq. submitted to the Township, its boards, commissions or agencies.
C.
In addition to the fees set forth within Schedule C, all development, which requires a stormwater management facility as determined under Code § 220-147 et seq. shall be required to post a fee or maintenance guarantee pursuant to the following provisions:
(1)
All required maintenance, as set forth within this section, shall be in accordance with an approved maintenance plan as required under Code § 220-147 et seq.
(2)
For any development which requires a stormwater management facility as determined under Code § 220-147 et seq. and consists of more than two residential dwelling units, but less than 20 residential dwelling units, responsibility for maintenance for said stormwater facility shall be assigned to the Township. The maintenance fee for said stormwater facility shall be calculated as set forth under Subsection C(7) below and shall be for a period of 25 years.
(3)
For any development which requires a stormwater management facility as determined under Code § 220-147 et seq. and consists of more than 20 residential units, responsibility for maintenance of said stormwater management facility shall be assigned to a homeowners' association established for said development. The maintenance guarantee for said stormwater facility shall be posted on behalf of the homeowners' association and calculated in accordance with Subsection C(7) below for a period of 25 years.
(4)
For any development which requires a stormwater management facility as determined under Code § 220-147 et seq. and consists of one or more nonresidential uses, responsibility for maintenance of said stormwater management facility shall be assigned to the owner of the site. A maintenance guarantee for said stormwater facility shall be posted in accordance with Subsection C(7) below for a period of 25 years.
(5)
Responsibility for operation and maintenance of detention
facilities, including periodic removal and disposal of accumulated
particulate material and debris, shall remain with the owner or owners
of the property, with permanent arrangements that it shall pass to
any successive owner, unless assumed by a government agency. If portions
of the land are to be sold, legally binding arrangements shall be
made to pass the basic responsibility to successors in title. These
arrangements shall designate for each project the property owner,
governmental agency or other legally established entity to be permanently
responsible for maintenance, hereinafter in this section referred
to as the "responsible person."
(6)
Prior to granting final approval to any project subject
to review under this section, the applicant shall enter into an agreement
with the municipality (or county) to ensure the continued operation
and maintenance of the detention facility. This agreement shall be
in a form satisfactory to the Township Attorney and may include, but
may not necessarily be limited to, personal guaranties, deed restrictions,
covenants and bonds. In cases where property is subdivided and sold
separately, a homeowners' association or similar permanent entity
should be established as the responsible entity, absent an agreement
by a governmental agency to assume responsibility.
(7)
An applicant seeking approval for construction of
a detention facility shall provide the funds necessary to maintain
the facility for a period of 25 years. The amount necessary to maintain
the facility shall be calculated by the Planning Board Engineer and
Director of Public Works based upon current estimates for maintenance
with an annual increase of 4%. The Planning Board Engineer and Director
of Public Works shall also assume that the investment will yield a
return equal to the ninety-day certificate of deposit interest rate
paid by the First Fidelity Bank or its successor on the date the calculation
is made.
(8)
The form of security for the maintenance of the facility
shall be approved by the Municipal Attorney.
(9)
In the event that the detention facility becomes a
danger to public safety or public health or if it is in need of maintenance,
the municipality shall so notify in writing the responsible person.
From that notice, the responsible person shall have 14 days to effect
such maintenance and repair of the facility in a manner that is approved
by the Township Engineer or his designee. If the responsible person
fails or refuses to perform such maintenance and repair, the municipality
may proceed to do so and shall bill the cost thereof to the responsible
person.
A.
Any appeal to the Zoning Board of Adjustment for a
variance to allow a structure or use in a district restricted against
such structure or use shall have three copies of all supporting documents
and the application filed with the Planning Board's Administrative
Officer.
B.
The Planning Board shall review the material and may
make recommendations to the Zoning Board of Adjustment in writing
and/or at the public hearing on the application. The Planning Board's
recommendations may contain, among other things, the Planning Board's
opinion as to the compatibility of the proposal to the Master Plan;
applications which may have been or are currently being processed
by the Planning Board for similar uses elsewhere in the Township;
land use, traffic and other data relevant to the application which
the Planning Board has in its file; and what conditions, if any, the
Planning Board would recommend be imposed on the applicant to improve
compatibility with the Master Plan and this chapter should the Zoning
Board of Adjustment grant the variance.
A.
A site plan approval is required for all site developments which do not meet the definition of an "exempt site plan" as defined in § 220-13B. No building permit for a building located on a site which requires site plan approval shall be issued until final site plan approval has been granted. The Planning Board may waive site plan approval of an application if it finds that the proposal does not noticeably affect items set forth in this chapter to be considered in site plan approval.
B.
The Planning Board, on applications for development
for minor site plans, may authorize the waiving of notice and public
hearings for an application for development if the Planning Board,
by majority vote of the members present, finds that the application
for development conforms to the definition of a "minor site plan."
Minor site plan approval shall be deemed to be final approval of the
site plan by the Board, provided that the Board may condition such
approval on terms ensuring the provision of improvements.
(1)
Minor site plan approval shall be granted or denied
within 45 days of the date of submission of a complete application
to the Administrative Officer 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 minor site plan approval.
(2)
Whenever review or approval of the application by
the County Planning Board is required by Section 8 of P.L. 1968, c.
285 (N.J.S.A. 40:27-6.6), the Municipal Planning Board shall condition
any approval that it grants upon timely receipt of a favorable report
on the application by the County Planning Board or approval by the
County Planning Board by its failure to report thereon within the
required time period.
The provisions of this chapter shall be held
to be minimum requirements. Where this chapter establishes both minimum
and maximum standards, both standards shall be met even though the
combination of standards may not permit development to take advantage
of all standards simultaneously. Where any provision of this chapter
imposes restrictions different from those imposed by any other provision
of this chapter or any other ordinance, rule or regulation or other
provision of law, whichever provision(s) is most restrictive or imposes
higher standards shall control.
A.
No building permit or certificate of occupancy shall
be issued for any parcel of land or structure which was sold or on
which improvements were undertaken in violation of the provisions
of this chapter or for use of a lot which was created by subdivision
after the effective date of and not in conformity with the provisions
of this chapter. No site improvements, such as but not limited to
excavation or construction of public or private improvements, shall
be commenced except in conformance with this chapter, in accordance
with plat approvals and the issuance of required permits.
B.
It shall be unlawful to use or permit the use of any
building or site or part thereof hereafter created, erected, changed,
converted, altered or enlarged, wholly or in part, or which involves
a change in use, until a certificate of occupancy shall have been
issued by the Zoning Officer. No certificate shall be issued unless
the land, building and use thereof comply with this chapter; unless
all matters incorporated on the approved subdivision or site plan
have been completed, certified by the Township Engineer and approved
by the Planning Board, or until a performance guaranty approved by
the Planning Board, acceptable to the governing body, in a form approved
by the Township Attorney, in an amount determined by the Township
Engineer to be sufficient to assure completion of all the remaining
improvement(s) and in a form guaranteeing completion of the remaining
improvements within a minimum of one year, is in hand; and unless
the Building and Health Codes are complied with.
[Added 10-20-2005 by Ord. No. 2005-44]
A.
Two signed and sealed copies of individual plot plans
shall be submitted to the Township Engineer to accompany any permit
application for new residential or commercial construction and for
any residential or commercial building addition. The individual plot
plan shall be utilized to review the project for adequate drainage
and grading and compliance to all applicable Township standards.
B.
The Township Engineer will review the submitted documents
and either disapprove or approve the submitted plot plan. The applicant
will be notified if any revisions are required.
C.
The Construction Official shall not issue a building
permit until the Township Engineer approves the proposed individual
plot plan.
D.
Each individual plot plan shall be drawn to scale
of not less than one inch equaling 50 feet, signed and sealed in accordance
with N.J.A.C. 13:40-7.3 by a professional licensed to practice in
the State of New Jersey, and shall be no smaller than 8 1/2 inches
by 14 inches.
E.
Individual plot plans shall include the following
information:
(1)
Bearing and distances.
(2)
North arrow, written and graphic scale.
(3)
Existing/proposed easement and dedications.
(4)
Existing/proposed building, pool, decks, patios, porches,
sheds and accessory structures dimensions.
(5)
Existing/proposed sidewalks, driveways and retaining
walls.
(6)
Building envelope graphically depicting and dimensioning
zoning setback requirements and/or setbacks approved by the Board
if (applicable).
(7)
Street name, right-of-way width, pavement width and
composition of the street(s) fronting the lot.
(8)
The title block on the plot plan must include the
property address, the block and lot number of the property in question
and the name of the applicant.
(9)
Limits of clearing and soil disturbance. Show number
of trees over nine inches diameter to be removed.
(10)
Existing trees to be protected and remain. Include
tree replacement plan.
(11)
Location of wetlands, floodplains, stream encroachment
lines and/or any other environmental constraints to the property.
If there are no wetlands, then a note should be added to the plan
stating that no wetlands exists on the subject property.
(12)
Sufficient street elevations including center
line, gutter and top of curb (if applicable); existing and proposed
lot elevations to include, at a minimum, property corners, midpoints
of property lines, building corners and center of lot; the finished
floor, basement and garage floor elevations of the proposed structure;
and sidewalk elevations. Adjacent dwellings, corner elevations and
topography within 25 feet of property lines. All elevations shall
be according to the NGVD (National Geodetic Vertical Datum) and the
source of datum so noted. Any specific circumstances for which elevation
requirements cannot be met will be subject to review by the Township
Engineer and Construction Official on a case-by-case basis. Under
no circumstances shall individual lots be graded in such a manner
as to redirect stormwater runoff onto an adjacent and/or downstream
property or disturb or change the existing drainage patterns of an
adjacent lot. Drainage flow arrows shall be provided to clearly depict
the directions of stormwater runoff. No grading or the creation of
sump conditions shall be permitted on adjacent lot(s) unless permission
has been specifically granted, in writing, by the owner of said adjacent
lot(s).
(13)
Location of any storm drainage pipes within
25 feet of the property including pipe size, grade and invert.
(14)
Lot grading shall be designed to provide positive
runoff with grades at a minimum slope of 1.5%.
(15)
Swales designed to convey surface runoff shall
be designed with suitable subgrade material containing well draining
sand or gravel, stone, sand mix topsoil or other material acceptable
to the Township Engineer. A construction detail shall be included
on the plan.
(16)
Utility connections, including, but not limited
to, water, sanitary sewer, gas, electric, telephone and cable.
(17)
Elevations, cross sections and dimensions of
driveways and retaining walls.
(18)
Prior Board approval or waiver granted for construction
in easements.
(19)
Other items that may be required by the Township
Engineer for proper construction of the site.
F.
Plot plans of Planning Board approved projects shall
match approved subdivision/site plans.
G.
If a basement is proposed, a subsurface soil investigation certified
by a licensed engineer shall be submitted with the plot plan. Provisions
for a perimeter drain system shall be provided. Said drain system
shall ultimately tie into a municipal storm sewer system or alternative
system as approved by the Township Engineer. The Township Engineer
or designee must be notified and be present to inspect the tie into
the municipal storm sewer system.
[Amended 1-3-2019 by Ord.
No. 2018-23]
H.
The applicant shall submit a foundation survey prior
to an inspection of the foundation for approval and backfilling. This
survey shall include the location of the foundation and the actual
floor elevations. If the as-built survey establishes locations or
elevations different from those submitted in the plot plan, changes
in the proposed grading shall be noted. A revised grading plan shall
be submitted to the Engineering Department.
I.
The applicant shall submit a final as-built survey
for new residential or commercial construction and residential or
commercial building additions signed and sealed by a professional
engineer or land surveyor prior to requesting a final certificate
of occupancy (CO) inspection from the Township Engineer.
J.
Exemption from the requirements of this section for
a residential building addition requires the approval of the Township
Engineer, said exemption to be contingent upon:
K.
Inspection
fee; review fee.
[Added 2-2-2012 by Ord. No. 2012-3; amended 2-25-2016 by Ord. No. 2016-4; 12-18-2018 by Ord. No. 2018-22]
(1)
Single lot development. There shall be a fee of $100 per review of
single lot redevelopment plans as well as $500 for inspections to
prevent grading and/or drainage-type issues relative to adjacent parcels.
(2)
Building addition. There shall be a fee of $75 per review required
for reviews of additions to existing structures as well as a fee of
$75 per inspection.
Where a street or other public way serves as
the zoning district line and it is lawfully vacated, the former center
line shall be considered the zoning district line.
A.
In case any building or structure is erected, constructed,
altered, repaired, converted or maintained or any building, structure
or land is used in violation of this chapter or of any ordinance or
other regulation made under authority conferred hereby, the proper
local authorities of the Township or an interested party, in addition
to other remedies, may institute any appropriate action or proceeding
to prevent such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use, to restrain, correct or abate
such violation, to prevent the occupancy of said building, structure
or land, or to prevent any illegal act, conduct, business or use in
or about such premises.
B.
If, before final subdivision approval has been granted,
any person transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which Township approval is required by ordinance pursuant to this
chapter, 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.
C.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of the provisions of this chapter or any order, decision or determination by the Zoning Board of Adjustment shall be subject to the penalties in § 4-3 of the Code. Starting on the sixth day after written notice of violation either by registered mail or by personal service has been served upon the person, firm or corporation involved, each and every day that such violation continues shall be considered a separate and specific violation of this chapter without the service of additional notice.
D.
In addition to the foregoing, the Township may institute
and maintain a civil action:
E.
As allowed by applicable law, the transferee, purchaser
or grantee shall be entitled to a lien upon the portion of the land
from which the subdivision was made that remains in the possession
of the developer or his assigns or successors, to secure the return
of any deposits made or purchase price paid, and also a reasonable
search fee, survey expense and title-closing expense, if any. Any
such action must be brought within two years after the date of the
recording of the instrument of transfer, sale or conveyance of said
land or within six years, if unrecorded.
No application shall be approved pursuant to
this chapter if there are taxes or assessments for local improvements
due and/or delinquent on the property for which said application is
made.
A.
No development shall take place in the Township of
Marlboro except in conformance with this chapter.
B.
All zoning, site and subdivision requirements of this
chapter shall be met at the time of occupancy, subdivision use, development,
improvements, construction, reconstruction, erection, enlargement,
moving or change of use of land or structures or any change in any
aspect covered by this chapter and shall apply to the entire structure(s)
and lands whether or not the entire structure, structures, site or
lands are involved.
C.
All developments resulting from subdivision and site
plan approvals shall comply with all the design and performance standards
of this chapter, including conditions imposed by the approving authority
as shown on the approved plat and/or included in the resolution adopted
by the approving authority.
D.
No later than at the time a deposit is accepted by
a builder, real estate broker or real estate agent from a prospective
purchaser, the prospective purchaser shall be informed of all easements
on the property to be purchased and the then-current restrictions
that are conveyed with those easements. The prospective purchaser
must be permitted to inspect any available map or survey that denotes
such easements or restrictions. At the same time, the potential purchaser
must sign a document stating that he fully understands the nature
of the limitations, easements or restrictions as they may affect the
property that he is purchasing, and that while he could seek a variance
from such easements or restrictions, the granting of such a variance
is not assured by the Township of Marlboro or any of its boards or
agencies.
[Added 7-14-1988 by Ord. No. 32-88]
A.
Regulation of the development of land and the attachment
of reasonable conditions to development applications is an exercise
of valid police power delegated by the state to this Township. The
applicant has the duty of compliance with reasonable conditions laid
down by the approving authority for design, dedication, improvements
and the use of the land so as to conform to the physical and economical
development of the Township and to the safety and general welfare
of the future residents and/or owners in the development and in the
community at large. Where County Planning Board review or approval
is required on a subdivision or site plan, the approving authority
shall condition any approval it grants upon either timely receipt
or a favorable report by the County Planning Board due to its failure
to submit a report within the required time period. If the county's
report is negative or attaches conditions, the original action by
the Township approving authority shall be null and void, and at the
next regular meeting a new resolution shall be adopted which considers
the County Planning Board's report unless an extension of time is
granted by the applicant.
B.
The Planning Board may conditionally approve a subdivision or site plan requiring action by the Zoning Board of Adjustment where the relief requested is beyond the scope of the Planning Board powers covered in § 220-9D(2)(b) of these regulations, by resolution. Such conditional approval shall be subject to all the following requirements, limitations and conditions:
(1)
No transfer of the land shall proceed unless and until
the required variance shall have been granted. If the variance is
granted, the developer shall present a certified copy of the Zoning
Board of Adjustment resolution and approved plat to the Planning Board
for Planning Board approval of the subdivision or site plan in accordance
with all provisions of its regulations.
(2)
Such conditional approval shall expire unless the
developer shall file an application with the Zoning Board of Adjustment
for the required variance within 45 days following such conditional
approval, and in any event the conditional approval shall expire if
the Zoning Board of Adjustment denies the application. This time limit
may be extended by the Planning Board for good cause shown.
A.
Before any permit shall be issued for a conditional
use, application shall be made to the approving authority. The approving
authority shall grant or deny the application after public hearing
but within 95 days of submission of a complete application to the
Administrative Officer or within such further time as may be consented
to by the applicant. Where a conditional use application involves
a major site plan or major subdivision, notice of public hearing shall
include reference to all matters being heard and the approving authority
shall review and approve or deny the subdivision or site plan simultaneously
with the conditional use application. Failure of the approving authority
to act within the required time period shall constitute approval of
the application.
B.
In reviewing the conditional use application, the
approving authority shall review the number of employees and users
of the property and the requirements set forth in this chapter, and
shall give due consideration to all reasonable elements which would
affect the public health, welfare, safety, comfort and convenience,
such as but not limited to effects on adjacent properties, buffer
areas, the proposed use(s), the character of the area, vehicular travel
patterns and access, pedestrianways, landscaping, lighting, signs,
noise, dust, drainage, sewage treatment, parking, potable water supply,
screening, utilities and structural location(s) and orientation(s).
The use for which conditional uses are granted shall be deemed to
be permitted uses in their respective districts, and each conditional
use shall be considered as an individual case. In all requests for
approval of conditional uses, the burden of proof shall be on the
applicant. All conditional uses shall require site plan review and
approval by the Planning Board. Prior to making its decision, the
approving authority shall be satisfied that the conditional use is
reasonably necessary for the use and convenience of the public in
the location proposed.
C.
In the granting of conditional uses, a time limit
of one year from the date of the conditional use approval shall be
set within which the owner shall secure a building permit, otherwise
the conditional approval granted shall be null and void. This time
limit may be extended by the approving authority for good cause shown.
[Amended 5-8-1986 by Ord. No. 17-86; 6-13-1986 by Ord. No.
22-86; 5-14-1987 by Ord. No. 13-87; 5-1-1987 by Ord. No. 18-87; 6-11-1987 by Ord. No. 22-87; 9-10-1992 by Ord. No. 21-92; 12-14-1993 by Ord. No.
64-93; 2-24-1994 by Ord. No. 2-94]12-12-1996 by Ord. No. 39-96]
A.
No final subdivision plat or site plan shall be approved by the approving
authority until all items required to be bonded (on-site, off-site,
on-tract and off-tract) have been installed, inspected, certified
and approved by the Township Engineer and accepted by the governing
body and a maintenance guaranty has been filed and accepted by the
governing body in accordance with the requirements of this section,
or their installation shall have been provided for by a performance
guaranty accepted and approved by the Township Engineer and Township
Attorney in accordance with the requirements of this section. The
performance guarantee shall assure the installation and completion
of improvements which the approving authority may deem necessary or
appropriate including, but not limited to, streets, grading, pavement,
gutters, curbs, driveways and driveway aprons, sidewalks, streetlighting,
shade trees, surveyor's monuments, as shown on the final map and required
by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., water mains, culverts,
storm sewers, sanitary sewers or other means of sewage disposal, drainage
structures, on-site, and off-site drainage control measures, including,
but not limited to, grading, erosion, control and sedimentation control
devices, public improvements of open space, and, in the case of site
plans only, other on-site improvements and landscaping. No maintenance
bond shall be accepted nor shall any partial facility be accepted
for any item which has further stages of work to be completed or which
will need to be altered or reworked in any manner due to the installation
or connection of any other facility. Any improvements installed prior
to final plat application that do not meet the standards of this chapter
or other regulations shall be added to the performance guaranty.
[Amended 7-15-2010 by Ord. No. 2010-12; 6-16-2011 by Ord. No.
2011-14]
B.
The proposed performance guaranty shall be submitted to the approving
authority by the developer. The approving authority shall review the
proposed performance guaranty and submit it to the Township Engineer
and Township Attorney for approval and acceptance. Final plat application
shall not be accepted until the performance guaranty has been accepted
and approved.
[Amended 7-15-2010 by Ord. No. 2010-12]
(1)
The performance guaranty shall consist of the performance guaranty
estimate and a performance bond in a form acceptable to the Township
Engineer and Township Attorney, in which the developer shall be principal
and an acceptable surety company licensed to do business in the State
of New Jersey shall be surety, a certified check which shall be deposited
with the Township of Marlboro by payment to the Township Chief Financial
Officer, or an irrevocable domestic letter of credit in a form satisfactory
to the Township Attorney. The Township Chief Financial Officer shall
cause the certified check to be deposited in a bank approved by the
governing body in the name of the Township of Marlboro, to be retained
as security for completion of all requirements and to be returned
to the developer upon completion of all required work or, in the event
of a default on the part of the developer, to be used by the Township
of Marlboro to pay the cost and expense of obtaining completion of
all requirements. If the required improvements have not been installed
or constructed in accordance with the standards of the Township or
within the stipulated time, the obligor and/or surety, as provided
by law, for the bond shall be liable thereon to the Township for the
reasonable costs of the improvements or the uncompleted portions thereof,
including engineering costs, and upon authorization by the governing
body, the Township Attorney shall take the necessary steps to obtain
such costs from the obligor and/or surety.
(2)
The total performance guaranty shall equal 120% of the cost of installation,
which cost shall be determined by the Township Engineer in accordance
with the method of calculation provided in N.J.S.A. 40:55D-53.4, as
set forth herein, for improvements which the approving authority may
deem necessary or appropriate.
(a)
The Township Engineer shall prepare an itemized cost estimate
of the improvements covered by the performance guaranty, which itemized
cost estimate shall be appended to each performance guaranty posted
by the developer.
(b)
Pursuant to N.J.S.A. 40:55D-53.4, the cost of the installation
of improvements shall be estimated by the Township Engineer. The developer
may appeal the Township 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 upon 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.
(c)
Ninety percent of this guaranty shall be either in cash, certified
check, irrevocable letter of credit pursuant to N.J.S.A. 40:55D-53.5
or surety bond of a bonding company approved by the governing body.
The remaining 10% shall be in cash and shall be paid in like manner
and under the same conditions as the security aforesaid. In the event
of default, the ten-percent cash fund herein mentioned shall be first
applied to the completion of the requirements and the cash, certified
check, irrevocable letter of credit or surety bond shall thereafter
be resorted to, if necessary, for the completion of the requirements.
The cash, irrevocable letter of credit or surety bond may recite the
foregoing provision. The Township Engineer's certification that the
principal has satisfactorily installed or has defaulted in meeting
the required standards of construction shall be the basis of governing
body action which accepts or rejects the improvements, withholds approval,
institutes appropriate action to obtain costs and expenses from the
obliger and/or surety in cases of default, or the governing body may
extend the time allowed for installation of improvements.
(d)
In no event shall any construction be commenced until the developer
has complied with all of the requirements for final approval.
(3)
Before recording a final subdivision plat, or before applying for
a construction permit for a project for which subdivision or site
plan approval has been granted, the developer of a residential housing
project shall have filed with the Township a performance guarantee
in an amount equal to 30% of the total estimated cost to the Township
of constructing all residential private site work improvements as
estimated by the Township Engineer. The purpose of the residential
private site works performance guarantee is to assure that installation
of such residential private site work improvements on or before an
agreed date, guaranteeing the completion of all such residential private
site work improvements without damage to or interference with adjacent
properties or public facilities. In addition, the developer of a residential
housing project shall hold the Township, the Township Council, Township
Planning Board and Zoning Board of Adjustment and their employees
and agents harmless with respect to any act of the developer, its
agents, successors or assigns. The total estimated cost to the Township
of constructing all such residential private site work improvements
shall be based upon the estimated contract construction costs which
would prevail upon expiration of the guarantee and shall also include
appropriate allowances for contract-related costs such as engineering,
legal, financial and other usual costs. Such performance guarantee
may be in the form of cash, certified check, negotiable securities,
a performance bond issued by a bonding or surety company approved
by the Township Council or any other type of surety accepted to and
approved by the Township Attorney and the Township Council. If at
the time the performance guarantee is filed with the Township the
developer has not also filed with the Township proof that necessary
performance guarantees have been filed and accepted by other governmental
bodies, authorities, public utility companies and private utility
companies which have jurisdiction over improvements in the subdivision
or residential development, the amount of the residential private
site work improvement performance guarantee shall be increased to
reflect the cost of such private improvements.
(4)
If the performance guarantee posted with and accepted by the Township
is in a form other than cash, certified check or negotiable securities,
the various offices of the Township having jurisdiction may require
the developer to post a cash escrow with the Township Treasurer for
the estimated cost of any residential private site work improvements
which are uncompleted at the time the developer requests a certificate
of occupancy, and which residential private site work improvements
are within the jurisdiction of their respective offices.
(5)
Residential private site work shall include driveways, curbing, walkways,
water distribution facilities, sanitary sewage facilities, storm drainage
facilities, finished grades of site work and landscaping. Residential
private site work excludes any buildings and other work included in
the Uniform Construction Code, utilities to be owned by a public utility
or work under the jurisdiction of another governmental entity over
which the Township has no control.
(6)
Township officials may, in their discretion, require the applicant
to place a cash escrow with the Township, in addition to this performance
bond, at the time of application for certificate of occupancy for
any uncompleted residential private site work not required for issuance
of a certificate of occupancy.
(7)
The applicant shall provide, with the application for final submission
approval or application to commence construction of residential private
improvements or for site plan approval, a quantity take-off list,
prepared by a licensed professional engineer, for the proposed residential
private site work improvements.
C.
The Township Clerk shall immediately notify the approving authority
when the performance guaranty has been approved and accepted by the
Township Engineer and Township Attorney.
[Amended 7-15-2010 by Ord. No. 2010-12]
D.
Inspection costs:
[Amended 7-15-2010 by Ord. No. 2010-12]
(1)
Prior to beginning any site improvements, changes, grading, construction, residential private site work improvements or any other site work covered by this chapter, the developer shall arrange for a preconstruction conference between the developer, contractor and Township Engineer, at which time inspection fees shall be paid if not previously paid. All improvements, including residential private site work improvements, shall be inspected during the time of their installation under the supervision of the Township Engineer to ensure satisfactory completion. The Township Engineer shall be notified by the developer 14 days in advance of the start of initial construction and five days in advance of all subsequent phases of construction if a time period of five days has lapsed since the date of last inspection. The cost of said inspection shall be the responsibility of the developer. The developer shall reimburse or pay to the municipality and to the inspection agency designated by the municipality, as the case may be, all reasonable construction inspection fees in excess of the initial construction inspection fee, as covered below, by submitting a certified check or bank money order to the Municipal Clerk upon receipt of a bill from the municipality. This fee shall be in addition to the amount of the performance guaranty and all other fees covered by this chapter. The municipality may require that the developer submit a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, including residential private site work improvements, which cost shall be determined pursuant to Subsection B(2)(b). For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall deposit the remaining 50% of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall make additional deposits of 25% of the reasonably anticipated fees. The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
(2)
Improvement costs, as estimated in this section, shall be defined
to include material, construction and installation costs of grading,
pavement, surveyors' monuments, drainage structures, storm sewers,
sanitary sewers and other means of sewage disposal, water mains, fire-protection
features, streets, gutters, curbs, culverts, sidewalks, streetlighting,
shade trees, parking areas, landscaping, street signs, erosion control
and sedimentation control devices, public improvements of open space
and other on-tract and off-tract improvements. Residential private
site work improvement costs as estimated in this section shall be
defined to include material, construction and installation costs of
driveways, curbing, walkways, water distribution facilities, sanitary
sewage facilities, storm drainage facilities, finished grades of site
work and landscaping.
(3)
Groundwater elevation testing. At the time of the payment of other fees due pursuant to this section, the developer shall pay a fee in connection with the application for a building permit in the amount of $120 for each and every building lot, or a total of $300 where multiple building lots are affected with a single structure. The purpose of this fee is to provide for inspections in order to determine the groundwater elevation and to determine compliance with § 220-35D(1)(a) and for no other purposes. In cases where multiple building lots are affected with a single structure, a minimum of two inspections shall be performed.
E.
No work covered by development approval and/or ordinance
provisions shall be done without permission from the Township Engineer.
A representative of the Township Engineer's office shall, at the option
of the Township Engineer, be present at the time all work is performed.
No underground installation shall be covered until inspected and approved.
F.
Electric, gas, telephone and all other utility installations
installed by utility companies are excepted from the above requirements.
G.
An occupancy permit will be issued only when all improvements
to the building or dwelling for which the permit is sought are completed.
The improvements referred to in the within section are the improvements
that bear a direct correlation to the health, safety and welfare of
the would-be occupants or residents of the building or dwelling for
which the permit is sought
H.
Inspection by the Township of Marlboro Engineer or
other agents, servants or employees of the installation of improvements
and utilities by the developer shall not operate to subject the Township
of Marlboro to liability for claims, suits or liability of any kind
that may at any time arise because of defects or negligence during
construction or at any time thereafter, it being recognized that the
responsibility to maintain safe conditions at all times during construction
and during the life of performance and maintenance bonds, and to provide
proper utilities and improvements, is upon the developer and his contractors,
if any.
I.
No occupancy permits will be issued for the last 20%
of the number of homes in any section of a development until such
time as all improvements to that section shall have been completed.
Streets shall not receive surface coat paving until all heavy construction
is completed. Occupancy permits may be issued without shade trees
having been installed and accepted and without pavement topping constructed
and accepted and without seeding and minor grading where these omissions
are necessitated by weather conditions. However, no performance bonds
may be released or reduced without such total acceptance.
J.
The requirements of N.J.S.A. 40:55D-53 entitled "Guarantees
required; surety; release," shall be followed in the acceptance of
performance guaranties and the release of such guaranties. No performance
guaranties shall be reduced until there is substantial completion
of the improvements covered by the guaranty.
K.
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.
L.
Reduction in performance bond; inspection of completed
improvements.
(1)
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements and the connection of the same to the public system, the developer may request of the governing body in writing, by certified mail, addressed in care of the Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to Subsection B(2)(a) of this section, a list of all uncompleted or unsatisfactorily completed improvements, If such a request is made, the developer shall send a copy of the request to the Planning Board and Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the developer. Thereupon, the Township Engineer shall inspect all improvements covered by the developer's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the developer not later than 45 days after receipt of the developer's request.
(2)
The list prepared by the Township Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each improvement determined to be complete and satisfactory, together with a recommendation as to the amount of reduction to be made in the performance guaranty relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to Subsection B(2)(a) of this section.
(3)
The governing body, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Township Engineer or reject any or all of these improvements upon the establishment in the resolution of cause for rejection and shall approve and authorize the amount of reduction to be made in the performance guaranty relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to Subsection B(2)(a) of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the governing body, the developer shall be released from all liability pursuant to its performance guaranty, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the performance guaranty posted may be retained to ensure completion and acceptability of all improvements. Agreement to the reduction of the performance guaranty in accordance with the provisions of this section shall not constitute approval or acceptance of any of the improvements by the governing body.
(4)
If the Township Engineer fails to send or provide the list and report as requested by the developer pursuant to Subsection L(1) of this section within 45 days from receipt of the request, the developer may apply to the court in a summary manner for an order compelling the Township Engineer to provide the list and report within a stated time, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(5)
If the governing body fails to approve or reject the improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guaranty for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the developer may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guaranty for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to Subsection B(2)(a) of this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(6)
In the event that the developer has made a cash deposit
with the Township or approving authority as part of the performance
guaranty, then any partial reduction granted in the performance guaranty
pursuant to this section shall be applied to the cash deposit in the
same proportion as the original cash deposit bears to the full amount
of the performance guaranty.
(7)
If any portion of the required improvements is rejected,
the approving authority may require the developer to complete or correct
such improvements and, upon completion or correction, the same procedure
of notification, as set forth in this section, shall be followed.
M.
The approval of any plat under this chapter by the
approving authority shall in no way be construed as acceptance of
any street or drainage system or any other improvement required by
this chapter, nor shall such plat approval obligate the Township in
any way to maintain or exercise jurisdiction over such street or drainage
system or other improvement.
N.
In addition to the requirements of Subsection L of this section, no improvement shall be accepted or any performance guaranty released by the governing body for a site plan or major subdivision, or any section thereof, unless and until all of the following conditions have been met:
(1)
The Township Engineer shall have certified in writing
that all the improvements are complete and that they comply fully
with the requirements of this chapter and other applicable local ordinances.
(2)
The developer has provided a maintenance guaranty in cash, surety bond or irrevocable letter of credit pursuant to N.J.S.A. 40:55D-53.5 in an amount equal to 15% of the cost of improvements, which cost shall be determined by the Township Engineer according to the method of calculation set forth in Subsection B(2)(b), and running for two years. The maintenance guaranty shall be in a form acceptable to the governing body and approved as to form and content by the Township Engineer and Township Attorney. In the event that other government agencies or public utilities automatically will own the utilities to be installed or that 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 Township for such utilities or improvements. The posting of bonds and the payment of inspection fees may, however, be required separately by these agencies.
(3)
The developer has installed monuments and provided
a sealed letter from its engineer or land surveyor to the Township
Engineer certifying the presence in the ground of said monuments as
shown on the final plans.
(4)
The developer has paid all outstanding inspection fees and fees estimated
by the Township Engineer to cover inspections to be made during the
period of coverage under the maintenance guaranty.
[Amended 1-3-2019 by Ord.
No. 2018-23]
(5)
The developer has made all necessary payments to any department,
utility or agency as required by the developer's agreement, Township
Code, state statute or the resolutions of approval of the Planning
or Zoning Board, including the payment of all taxes and fees due on
the property.
[Amended 1-3-2019 by Ord.
No. 2018-23]
(6)
The developer has provided a final release letter
(certificate of compliance) from the Freehold Soil Conservation District
for the overall site work.
(7)
The developer has filed as-built drawings with the
Township Engineer's office, to include the following details, either
on a single drawing or on a number of sheets:
(a)
All bondable improvements, including but not
limited to:
[1]
The location(s) of all sanitary sewer lines,
storm drainage lines, including yard underdrain systems installed
by the developer, inverts and rims or grate elevations of all structures,
i.e., catch basins, manholes, yard drains and headwalls. The horizontal
runs of storm and sanitary lines should be identified as to the percentage
of slope, size, distance between structures and type of material,
i.e., RCP, PVC, etc. All areas of riprap and berms should be shown,
but dimensions are not necessary. Water lines should be shown as to
pipe size and material, with hydrant locations, but inverts are not
required.
[2]
All curbs, roadways, sidewalks and driveway
aprons must be shown, identifying physical, horizontal and right-of-way
dimensions.
[3]
The current block and lot numbers and lot layout
should be reflected on the plan as well as property lines, right-of-way
lines and easements. The plans should also include all street names.
[4]
Shade tree locations and limits of grading need
not be shown.
[5]
Center-line grades of all roadways must be shown,
either with profiles or center-line spot elevations at least every
50 feet, including existing streets that were improved by widening
or overlay.
[6]
Typical right-of-way cross section locating
sidewalk, curbs and pavement must be shown. Right-of-way dimension
and horizontal distances are required; no vertical dimensions are
required.
[7]
Street signs and traffic safety devices must
be shown.
[8]
Driveways must be shown.
[9]
Ground slope elevations need not be shown, but directional arrows
to show overland flow of surface water are required. As-built ground
slope elevations and contours shall be shown in two-foot increments
and as additionally required by the Township Engineer.
[Amended 1-3-2019 by Ord.
No. 2018-23]
[10]
If a detention basin was part of the improvements,
the top of the slope perimeter should be shown as well as maximum
water depth, and storage volume of the basin. Also, low flow channels
and the actual volume of the basin should be indicated.
[Amended 1-3-2019 by Ord.
No. 2018-23]
(b)
All homes, including porches, patios, pools,
walks and chimneys, should be shown in general outline, including
the type of structure and number of stories, as well as the post office
house number designation. Each location need not have setback and
offset dimensions but should be drawn so as to be able to graphically
ascertain this information within two- to three-foot accuracy.
(8)
The developer has prepared and recorded deeds of dedication with
the County Clerk for the following: all open space or undeveloped
properties dedicated to the Township, all lots containing stormwater
facilities (detention, retention basins or other) which are to be
owned and/or maintained by the Township, all easements (utility, sight
triangle, conservation or other), any applicable affordability controls
required by the approval, roadway right-of-way widening or alteration
or other as determined by the Township.
[Amended 1-3-2019 by Ord.
No. 2018-23]
O.
The time allowed for installation of the improvements for which the performance guaranty has been provided is two years, but it may be extended by the governing body by resolution. As a condition or as a part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the Township Engineer according to the method of calculation as set forth in Subsection B(2)(b).
P.
If the required improvements are not completed or
corrected in accordance with the performance guaranty, the developer
and surety, if any, shall be liable thereon to the Township for the
reasonable cost of the improvements not completed or corrected, and
the Township may either prior to or after the receipt of the proceeds
thereof complete such improvements. Such completion or correction
of improvements shall be subject to the public bidding requirements
of the Local Public Contracts Law P.L. 1971, c. 198 (N.J.S.A. 40A:11-1
et seq.).
Q.
Developer's agreement. All final plat approvals shall
be subject to the developer entering into a developer's agreement
with the Township of Marlboro. The agreement shall be in a form approved
by and satisfactory to the Municipal Attorney.
R.
If the approving authority includes as a condition
of approval of an application for development the installation of
streetlighting on a dedicated public street connected to a public
utility, then upon notification in writing by the developer to the
approving authority and governing body of the municipality that the
streetlighting on a dedicated public street has been installed and
accepted for service by the public utility and that certificates of
occupancy have been issued for at least 50% of the dwelling units
and 50% of the floor area of the nonresidential uses on the dedicated
public street or portion thereof indicated by this section pursuant
to N.J.S.A. 40:55D-38, the Township shall, within 30 days following
receipt of the notification, make appropriate arrangements with the
public utility for and assume the payment of the costs of the streetlighting
on the dedicated public street on a continuing basis. Compliance by
the municipality with the provisions of this subsection shall not
be deemed to constitute acceptance of the street by the municipality.
[Added 10-20-2005 by Ord. No. 2005-53; amended 3-2-2006 by Ord. No. 2006-10]
A.
Streetlight contribution program. Lights for illuminating
streets, parking areas, driveways, walkways and other areas shall
be of a type approved by the municipal agency empowered to grant site
plan or subdivision approval and the electric utility company. The
developer shall pay to the Township an amount equal to the per-streetlighting-unit
installation charge, and the capital contribution to be paid by the
Township pursuant to the capital contribution program provided by
the Jersey Central Power and Light Company, for each streetlighting
unit required to be installed by the developer either on or off site
along a street, parking area, walkway or other area dedicated or to
be dedicated to the Township or county, pursuant to the approval of
the Zoning Board of Adjustment or the Planning Board, as the case
may be. The amount of the required payment shall be included in the
developer's agreement and shall be paid prior to the commencement
of construction activity by the developer.
B.
In conformance with N.J.S.A. 40:55D-53.6, the Township
shall only make appropriate arrangements with the public utility for,
and assume the payment of, the costs of the streetlighting on a public
street, parking area, walkway or other area dedicated or to be dedicated
to the Township, pursuant to the approval of the Zoning Board of Adjustment
or the Planning Board upon the developer providing the Township written
proof from the public utility that the developer has fully paid the
public utility for the operating costs associated with the streetlights
up through and including the date the Township accepts responsibility
for the streetlights.
A.
Enforcing officer.
(1)
It shall be the duty of the Zoning Officer appointed
by the Township of Marlboro to administer and enforce this chapter.
No structure shall be modified, extended, enclosed, constructed, reconstructed,
structurally altered or erected until a building permit is obtained
from the Building Inspector, for which a fee may be required as established
by resolution of the Township Council. In no case shall a building
permit be issued for the construction or alteration of any structure
or site until the Building Inspector determines that the proposed
construction or alteration conforms to the provision(s) of this chapter.
It shall be the duty of the Zoning Officer and Building Inspector
to cause any new or modified structures, plans, sites or premises
to be inspected or examined and order the owner, in writing, that
any condition be remedied which is found to exist in violation of
any provisions of this chapter. The Building Inspector and/or Zoning
Officer shall have the right to enter any structure or premises during
the daytime in the course of his duties. It shall be the duty of the
Building Inspector to keep a record of all applications and building
permits which are either issued or denied, with notations of any conditions
involved, which data shall form a part of the Township public records.
(2)
It shall be the duty of the Township Engineer to monitor
all development activities concerned with approved subdivisions and
site plans and, in case of any ordinance and/or plan violations, to
promptly report to and require prompt corrective action by the developer,
and to keep the Planning Board promptly and fully informed of such
violations and corrective action so that further legal action may
be taken if required.
B.
Right to revoke approvals. The Planning Board shall
have the right to revoke site plan or subdivision approval theretofore
given when the applicant, property owner, successor property owners,
their contractor(s) or other agent(s), servant(s) and/or employee(s)
deviate in a material and/or substantial manner from the standards,
conditions and/or requirements of site plan or subdivision approval
in the construction, maintenance and/or development of the property,
land or site or a portion of the same. Notice of such deviation shall
be given to the Chairman of the Planning Board by the Zoning Officer
or Municipal Engineer, who shall thereafter cause written notice of
the charge to be served upon the developer and/or property owner at
the address shown by the tax assessment records of the Township. The
notice shall state that the Planning Board shall hold a hearing in
order to determine whether site plan or subdivision approval should
be revoked because of the deviation from the standards, conditions
and/or requirements of site plan or subdivision approval. The property
owner may appear personally and participate at such hearing and may
be represented by an attorney at law. The hearing may be scheduled
not earlier than seven days after receipt of the written notice by
the Chairman nor later than 45 days after such receipt, provided that
the property owner and/or developer shall have at least five days'
notice of such hearing. Service by mail of the notice upon the property
owner shall be deemed to have been made upon deposit of a properly
addressed notice in the United States Mail.
C.
Violations
and penalties.
[Added 7-15-2010 by Ord. No. 2010-11]
(1)
Any property owner, resident, State of New Jersey licensed home improvement contractor, pursuant to N.J.S.A. 56:8-136 et seq., or other person regulated by the state as an architect, professional engineer, landscape architect, land surveyor, electrical contractor, master plumber, or any other person in any other related profession requiring registration, certification or licensure by the state, who is acting within the scope of practice of his profession (hereinafter collectively referred to as, "licensed professionals or contractors"), who fails to pay the required fee and obtain a permit pursuant to § 220-32A hereinabove, and who shall undertake or cause to undertake such construction work without a permit therefor shall be deemed to be in violation of this chapter. Such violations shall, upon conviction thereof, be punishable by a minimum fine of $250 for the first violation, $500 for the second violation and $1,000 for a third or subsequent violation, with the maximum fine not to exceed $2,000, or imprisonment or community service for a term not to exceed 90 days, or by both such fine and imprisonment or community service, in the discretion of the Municipal Court Judge. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation(s) may be punished as provided above for each separate offense.
(2)
Any licensed home improvement contractor or licensed professionals or contractors who are convicted of violating the provisions of this chapter with the date of the violation having taken place within one year of the date of a previous violation of this chapter, and who were fined pursuant to § 220-32C(1), shall be sentenced by the Marlboro Township Municipal Court to an additional fine(s) as a repeat offender. The additional fine(s) imposed for repeat offenders shall be calculated separately from the fine(s) imposed for such additional violation(s).
(3)
In accordance with the provisions of N.J.S.A. 40:49-5, the Township shall waive the imposition of additional fines as a repeat offender upon a property owner or resident for repeated violations of this chapter within a one-year period. Pursuant to § 220-32C(2), licensed home improvement contractors and licensed professionals or contractors shall be subject to additional penalties and fines for subsequent violations of this chapter within a one-year period as repeat offenders, each such subsequent violation to be deemed a separate offense, as set forth in § 220-32C(2).
(4)
The
Municipal Court Clerk shall forward a copy of all convictions issued
pursuant to violations of this chapter upon licensed home improvement
contractors and licensed professionals or contractors to the New Jersey
Department of Community Affairs.
These regulations shall not be construed as
abating any action now pending under or by virtue of prior existing
subdivision, site plan or zoning regulations, or as discontinuing,
abating, modifying or altering any penalty accruing or about to accrue,
or as affecting the liability of any person, firm or corporation,
or as waiving any right of the municipality under any section or provision
existing at the time of adoption of this chapter, or as vacating or
annulling any rights obtained by any person, firm or corporation,
by lawful action of the Township, except as shall be expressly provided
for in this chapter.
