[Amended 12-10-2001 by Ord. No. 2001-12]
A.
In the event that development proposed by an application for a subdivision
or site plan requires an approval by a governmental agency other than
the Land Use Planning Board, the Land Use Planning Board, in appropriate
instances, shall condition its approval upon the subsequent approval
of such governmental agency, provided that the Township shall make
a decision on any application for development within the time period
provided in this chapter, or within an extension of such period as
has been agreed to by the applicant, unless the Land Use Planning
Board is prevented or relieved from so acting by the operation of
law.
B.
In the event that a developer submits an application for a subdivision
or site plan proposing a development that is barred or prevented,
directly or indirectly, by a legal action instituted by any state
agency, political subdivision or other party to protect the public
health and welfare or by a directive or order issued by any state
agency, political subdivision or court of competent jurisdiction to
protect the public health and welfare, the Land Use Planning Board
shall process such application in accordance with this chapter and
other applicable regulations, and, if such application complies with
this chapter and such regulations, the Land Use Planning Board shall
approve such application conditioned on removal of such legal barrier
to development.
In the event that, during the period of approval heretofore
or hereafter granted to an application for a subdivision or site plan,
the developer is barred or prevented, directly, or indirectly, from
proceeding with the development otherwise permitted under such approval
by a legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health or welfare,
and the developer is otherwise ready, willing and able to proceed
with such development, the running of the period of approval under
this chapter shall be suspended for the period of time such legal
action is pending or such directive or order is in effect.
A developer, as a condition for approval of a subdivision or
site plan, shall pay his pro rata share of the cost of providing only
reasonably and necessary street improvements and water, sewerage and
drainage facilities, and easements therefor, located outside the property
limits of the subdivision or tract for which site plan approval is
requested but necessitated or required by construction or improvements
within such subdivision or tract. The Township Council shall determine
the reasonableness of and necessity for such improvements and shall
also determine such pro rata share as follows:
A.
The total cost thereof shall be estimated by the Township Engineer.
B.
The Township Council shall next consider the circulation plan and
utility service plan elements of the Master Plan and shall ascertain:
C.
The Township Council shall determine such pro rata share by establishing
a ratio between the benefit accruing to the proposed subdivision or
site plan and the total benefit accruing by reason of the improvements
and/or the facilities and applying it to the total cost.
D.
The final cost of the completed improvements and/or facilities shall
be ascertained by the Township Engineer, who shall advise the Township
Council and the developer of the final cost. The estimated pro rata
share shall be modified by the actual final cost and appropriate adjustments
made.
E.
The standards established to determine such pro rata share shall
not be altered, subsequent to preliminary approval, to apply to such
subdivision or site plan.
F.
Where a developer pays the amount determined as his pro rata share
under protest, he shall institute legal action within one year of
such payment in order to preserve the right to a judicial determination
as to the fairness and reasonableness of such amount.
G.
Such payment shall be made by a deposit of cash, and the developer
shall agree to make additional payment upon determination of the actual
cost, if there is any. Such payment shall be made within 30 days of
the determination by the Township Council of the pro rata share.
H.
The developer and the Township Council may enter into an agreement
providing for payment of the full cost of the required off-tract improvements
by the developer, with a provision for future reimbursement for an
agreed time as the improvements shall be utilized by others.
I.
The Township Council shall act within the applicable period for approval
of the application by the Land Use Planning Board, and the determination
of the Township Council shall be binding upon the Land Use Planning
Board.
[Amended 12-10-2001 by Ord. No. 2001-12]
A.
If the Master Plan or the Official Map provides for the reservation
of designated streets, public drainageways, flood-control basins or
public areas within the proposed development, before approving a subdivision
or site plan, the Land Use Planning Board may further require that
such streets, ways, basins or areas be shown on the plat in locations
and sizes suitable to their intended uses. The Land Use Planning Board
may reserve the location and extent of such streets, ways, basins
or areas shown on the plat for a period of one year after the approval
of the final plat or within such further time as may be agreed to
by the developer. Unless, during such period or extension thereof,
the Township shall have entered into a contract to purchase or institute
condemnation proceedings according to law for the fee or a lesser
interest in the land comprising such streets, ways, basins or areas,
the developer shall not be bound by such reservations shown on the
plat and may proceed to use such land for private use in accordance
with applicable development regulations. The provisions of this section
shall not apply to streets and roads, flood-control basins or public
drainageways necessitated by the subdivision or site plan and required
for final approval.
[Amended 12-10-2001 by Ord. No. 2001-12]
B.
The developer shall be entitled to just compensation for actual loss
found to be caused by such temporary reservation and deprivation of
use. In such instance, unless a lesser amount has previously been
mutually agreed upon, just compensation shall be deemed to be the
fair market value of an option to purchase the land reserved for the
period of reservation, provided that determination of such fair market
value shall include but not be limited to consideration of the real
property taxes apportioned to the land reserved and prorated for the
period of reservation. The developer shall be compensated for the
reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining subdivision or site
plan approval, as the case may be, caused by the reservation.
C.
In the event that the developer claims an entitlement to such just
compensation, he shall present a claim therefor to the Land Use Planning
Board within 30 days after the Land Use Planning Board shall have
made such reservation. The Land Use Planning Board shall then advise
the Township Council of the claim and recommend a just compensation
figure. The Township Council shall meet with the developer in an attempt
to agree upon said figure and the method of payment. In the event
that there is no such agreement, the Township Council shall set forth
its position in a resolution and the developer shall then be entitled
to institute legal action for a judicial determination as to the amount
of just compensation and/or the method of payment. In the event of
agreement on said figure and the method of payment, the Township Council
shall adopt a resolution memorializing the agreement and implementing
payment and shall submit a copy of such resolution to the developer
and the Secretary.
[Amended 12-10-2001 by Ord. No. 2001-12]
[Amended 12-10-2001 by Ord. No. 2001-12]
A.
The Land Use Planning Board, when acting upon applications for preliminary
or minor subdivision approval, shall have the power to grant such
exceptions from the requirements for subdivision approval as may be
reasonable and within the general purpose and intent of these provisions
for subdivision review if the literal enforcement of one or more provisions
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
B.
The Land Use Planning Board shall have the power to review and approve
or deny conditional uses or site plans simultaneously with review
for subdivision approval without the developer being required to make
further application to the Land Use Planning Board or the Land Use
Planning Board being required to hold further hearings. The longest
time period for action by the Land Use Planning Board, whether it
is for subdivision, conditional use or site plan approval, shall apply.
Whenever approval of a conditional use is requested by the developer
pursuant to this subsection, notice of the hearing on the plat shall
include reference to the request for such conditional use.
C.
The Land
Use Planning Board shall have the power to review and approve or deny
bulk variances, known as "C-variances," and use variances, known as
"D-variances," simultaneously with review for subdivision, conditional
use or site plan approval without the developer being required to
make further application to the Land Use Planning Board or the Land
Use Planning Board being required to hold further hearings. The longest
time period for action by the Land Use Planning Board, whether it
is for subdivision, conditional use or site plan approval with variances,
shall apply.
[Added 5-31-2022 by Ord.
No. 2022-8]
D.
The Land
Use Planning Board shall have the power to review and approve separate
applications for use variances, known as "D-variances," which have
been bifurcated from an application for subdivision, conditional use
or site plan. The longest period of time for action by the Land Use
Planning Board for a use variance shall apply.
[Added 5-31-2022 by Ord.
No. 2022-8]
(1)
Submission
of use variance application.
(a)
An applicant desiring to proceed with a use variance approval shall
file with the administrative officer for completeness review and review
by the Board's professional all of the documents set forth in the
checklist provided in this chapter.
(b)
Upon receipt of an application for use variance approval, together
with the required supporting documents, and payment of the prescribed
fee, the Planning Administrator shall review the submission for completeness
and shall render a decision regarding the application's completeness
within 45 days of the date of the submission of the application, issuing
a written letter to the applicant indicating either the application
is complete or incomplete. Letters indicating the application is complete
may provide the day and time when the application will be scheduled
for a public hearing before the Land Use Planning Board, or may indicate
a follow- up letter will be sent providing the date and time when
the application will be scheduled for a public hearing before the
Land Use Planning Board. Letters indicating the application is incomplete
shall specify deficiencies from the checklist applicable to the type
of application submitted. The Planning Administrator shall determine
whether checklist items identified by the applicant as "not applicable"
are inapplicable to the application, basing his/ her decision on the
merits of the written explanation submitted by the applicant and the
nature and circumstances of the application. The reason(s) for the
Planning Administrator denying an applicant's request for a checklist
item to be "not applicable" shall be set forth in writing in the incomplete
letter issued to the applicant. All appeals of the Planning Administrator's
decision regarding the applicability of the checklist items shall
be made to the Land Use Planning Board. Once an application is deemed
complete, the Secretary shall submit one copy of the application and
supporting documentation each to the Land Use Planning Board Engineer,
Planner and Attorney for their review and preparation of their reports
commenting on the proposal of the application and the application's
conformity with the zoning and design standards of all applicable
ordinances of the Code of Eastampton Township. Once an application
has been scheduled for a Land Use Planning Board hearing, the Secretary
shall distribute one copy each of the application and its supporting
documents and of the reports prepared by the Land Use Planning Board
Engineer, Planner and Attorney.
A.
The prospective purchaser, prospective mortgagee or any other person
interested in any land which forms part of a subdivision or which
formed part of such a subdivision on or before August 1, 1973, may
apply in writing to the Secretary for the issuance of a certificate
certifying whether or not such subdivision has been approved by the
Land Use Planning Board. Such application shall contain a diagram
showing the location and dimension of the land to be covered by the
certificate and the name of the owner thereof.
[Amended 12-10-2001 by Ord. No. 2001-12]
B.
The Secretary shall make and issue such certificate within 15 days
after the receipt of such written application and the fees therefor.
[Amended 3-25-1980 by Ord. No. 1980-3; 11-26-1996 by Ord. No.
1996-09; 12-10-2001 by Ord. No. 2001-12; 2-28-2011 by Ord. No.
2011-5; 4-9-2018 by Ord. No. 2018-8]
A.
Developers shall post the necessary performance guarantees and maintenance
guarantees as provided for in N.J.S.A. 40:55D-53, as modified by P.L.
2017, c. 312.
B.
In accordance with N.J.S.A. 40:55D-53, as modified by P.L.2017, c.312,
the Township requires any performance guarantee to include, within
an approved phase or section of a development privately-owned perimeter
buffer landscaping, as required by local ordinance or imposed as a
condition of approval. At the developer's option, a separate performance
guarantee may be posted for the privately-owned perimeter buffer landscaping.
C.
In the event that the developer shall seek a temporary certificate
of occupancy for a development, unit, lot, building, or phase of development,
as a condition of the issuance thereof, the developer shall furnish
a separate guarantee, referred to herein as a "temporary certificate
of occupancy guarantee," (TCOG) in favor of the Township in an amount
equal to 120% of the cost of installation of only those improvements
or items (including both private on-site and to be publicly dedicated)
which remain to be completed or installed under the terms of the temporary
certificate of occupancy and which are required to be installed or
completed as a condition precedent to the issuance of the permanent
certificate of occupancy for the development, unit, lot, building
or phase of development and which are not covered by an existing performance
guarantee. Upon posting of a "temporary certificate of occupancy guarantee,"
all sums remaining under a performance guarantee, required pursuant
to section A above, which relate to the development, unit, lot, building,
or phase of development for which the temporary certificate of occupancy
is sought, shall be released. No same item may be included in multiple
performance bonds. The scope and amount of the "temporary certificate
of occupancy guarantee" shall be determined by the municipal engineer.
The "temporary certificate of occupancy guarantee" shall be released
by the municipal engineer upon the issuance of a permanent certificate
of occupancy with regard to the development, unit, lot, building,
or phase as to which the temporary certificate of occupancy relates,
upon submission of a maintenance guarantee.
D.
A developer shall furnish to the Township a safety and stabilization
guarantee, in favor of the Township. At the developer's option, a
safety and stabilization guarantee may be furnished either as a separate
guarantee or as a line item of the performance guarantee. A safety
and stabilization guarantee shall be available to the Township solely
for the purpose of returning property that has been disturbed to a
safe and stable condition or otherwise implementing measures to protect
the public from access to an unsafe or unstable condition, only in
the circumstance that: (i) site disturbance has commenced and, thereafter,
all work on the development has ceased for a period of at least 60
consecutive days following such commencement for reasons other than
force majeure, and (ii) work has not recommenced within 30 days following
the provision of written notice by the Township to the developer of
the Township's intent to claim payment under the guarantee. The amount
of a safety and stabilization guarantee for a development with bonded
improvements in an amount not exceeding $100,000 shall be $5,000.
The amount of a safety and stabilization guarantee for a development
with bonded improvements exceeding $100,000 shall be calculated as
a percentage of the bonded improvement costs of the development or
phase of development as follows: $5,000 for the first $100,000 of
bonded improvement costs, plus 2 1/2% of bonded improvement costs
in excess of $100,000 up to $1,000,000, plus 1% of bonded improvement
costs in excess of $1,000,000. The Township shall release a separate
safety and stabilization guarantee to a developer upon the developer's
furnishing of a performance guarantee which includes a line item for
safety and stabilization in the amount required under this paragraph.
The Township shall release a safety and stabilization guarantee upon
the municipal engineer's determination that the development of the
project site has reached a point that the improvements installed are
adequate to avoid any potential threat to public safety.
E.
Inspection fees.
(1)
Inspection fees are:
(a)
Not to exceed, except for extraordinary circumstances, the greater
of $500 or, except for extraordinary circumstances, the greater of
$500 or 5% of the cost of bonded improvements that are subject to
a performance guarantee pursuant to section A above; and
(2)
For those developments for which the inspection fees are total less
than $10,000, fees may, at the option of the developer, be paid in
two installments. The initial amount deposited in escrow by a developer
shall be 50% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the municipal engineer
for inspections, the developer shall deposit the remaining 50% of
the inspection fees.
(3)
For those developments for which the inspection fees are total $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited in escrow by a developer
shall be 25% of the inspection fees. When the balance on deposit drops
to 10% of the inspection 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 inspection fees. The municipal engineer shall not perform any
inspection if sufficient funds to pay for those inspections are not
on deposit.
(4)
If the Township determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection E(1)(a) and (b), is insufficient to cover the cost of additional required inspections, the Township may require the developer to deposit additional funds in escrow provided that the Township delivers to the developer a written inspection escrow deposit request, signed by the municipal engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
[Amended 12-10-2001 by Ord. No. 2001-12; 5-31-2022 by Ord. No. 2022-8]
An environmental impact report shall accompany all plats of
major subdivisions of 11 or more lots or greater than 10 acres, whichever
may apply, and site plan applications for tracts of greater than 10
acres. Such report shall provide the information needed to evaluate
the effects of a proposed development upon the environment and shall
include data and be distributed, reviewed and passed upon as follows:
A.
A description of the subdivision or site plan which shall specify
what is to be done and how it is to be done during construction and
operation, as well as a recital of alternative plans deemed practicable
to achieve the objective.
B.
When the Township of Eastampton has completed a Natural Resources
Index (NRI) as provided by N.J.S.A. 40:56A-2, the applicant may use
data from the NRI relevant to the subdivision or site plan, including
maps and text.
C.
An inventory of existing environmental conditions at the project
site and in the immediate surrounding region, which shall describe
air quality, water quality, water supply, hydrology, geology, soils
and properties thereof, including capabilities and limitations, sewerage
systems, topography, slope, vegetation, wildlife, habitat, aquatic
organisms, noise characteristics and levels, demography and land use,
aesthetics and history. Air and water quality shall be described with
reference to standards promulgated by the Department of Environmental
Protection of the State of New Jersey, and soils shall be described
with reference to criteria contained in the Burlington County Soil
Conservation District standards and specifications.
D.
An assessment of the probable impact of the development upon all items set forth in Subsection C above. All assessments made of the probable impact of the subdivision or site plan shall be closely coordinated and in harmony with the Township of Eastampton NRI when it is completed. As a direct result of the investigations made under the environmental impact report, a listing shall be provided, which shall be all-inclusive, stipulating the licenses, permits and approvals needed to be furnished under state, county or municipal law. The status of these permits and approvals shall also be included. During the preparation of the impact report, the applicant shall contact all concerned federal, state, county or other municipal agencies or officials adjacent thereto or affected by the proposed development. The report shall include, as a result thereof, the conclusions and comments of all concerned governmental officials and agencies. All apropos correspondence between the applicant and these officials and agencies shall be included in the report.
E.
A listing and evaluation of adverse environmental impacts which cannot
be avoided, with particular emphasis upon air or water pollution,
increase in noise, damage to natural resources, displacement of people
and businesses, displacement of existing farms, increase in sedimentation
and siltation and relevant increases in municipal services. Off-site
impact shall also be set forth and evaluated.
F.
A description of steps to be taken to minimize adverse environmental
impacts during construction and operation, both at the site and in
the surrounding region, such description to be accompanied by necessary
maps, schedules and other explanatory data as may be needed to clarify
and explain the action to be taken. The developer or its consultants
in overall charge of the environmental impact report shall include
therein all steps that the applicant or developer must undertake to
successfully implement the report. Recommended steps must include
a positive statement affirming the developer's intent to undertake
this work by using the terms "shall be," "must," etc.
G.
A statement concerning any irreversible and irretrievable commitment
of resources which would be involved in the proposed subdivision or
site plan which might avoid some or all of the adverse environmental
effect, including a no-action alternative.
H.
The Secretary shall submit the environmental impact report to the
Township of Eastampton Environmental Commission for review and report
thereon to the Land Use Planning Board. This report shall be to the
Land Use Planning Board at least two days prior to the meeting of
the Land Use Planning Board at which the application will be considered.
Upon completion of all reviews and public hearing, the Land Use Planning
Board shall either approve or disapprove the environmental impact
report as a part of its underlying function with respect to subdivision
or site plan review. In reaching a decision, the Land Use Planning
Board shall take into consideration the effect of the applicant's
proposed subdivision or site plan upon all aspects of the environment,
as outlined above, as well as the sufficiency of the applicant's proposals
for dealing with immediate or projected adverse environmental effects.
I.
Notwithstanding the foregoing, the Land Use Planning Board and Environmental
Commission may, at the request of an applicant, waive the requirement
for an environmental impact report if sufficient evidence is submitted
to support a conclusion that the proposed development will have a
slight or negligible environmental impact. Portions of such requirements
may likewise be waived upon a finding that the complete report need
not be prepared in order to adequately evaluate the environmental
impact of a particular project.
[Amended 10-29-1979 by Ord. No. 1979-9; 11-26-1996 by Ord. No.
1996-09; 12-10-2001 by Ord. No. 2001-12]
A.
No subdivision plat shall be submitted for filing to the County Clerk until it has been approved by the Land Use Planning Board, as indicated on the instrument by the signature of the Chairman and Secretary of the Land Use Planning Board, or a certificate has been issued pursuant to Article II, § 460-11, Article III, § 460-22B, and Article VI, § 460-53. The signatures of the Chairman and Secretary of the Land Use Planning Board shall not be affixed until the developer has posted the guaranties required, pursuant to Article VI, § 460-54. If the County Clerk records any plat without such approval, such recording shall be deemed void, and, upon request of the Township, the plat shall be expunged from the official records, pursuant to statute. In addition, the developer shall file a copy of the final subdivision or site plan plat, whichever the case may be, in the office of the Tax Assessor and one copy in the office of the Construction Official.
B.
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat unless, within such period, the plat shall
have been duly filed by the applicant with the County Recording Officer.
The Land Use Planning Board may, for good cause shown, extend the
period for recording for an additional period not to exceed 190 days
from the date of signing of the plat. The Land Use Planning Board
may extend the ninety-five-day or one-hundred-ninety-day period if
the applicant proves to the reasonable satisfaction of the Land Use
Planning Board that the applicant was barred or prevented, directly
or indirectly, from filing because of delays in obtaining legally
required approvals from other governmental entities or quasi-governmental
entities, and that the applicant applied promptly for and diligently
pursued the required approvals. The length of the extension shall
be equal to the period of delay caused by the wait for the required
approvals, as determined by the Land Use Planning Board. The applicant
may apply for the extension either before or after the original expiration
date.
A.
Any person may request an informal conference with the Land Use Planning
Board to advise the Board of the general nature and conceptual approach
of a contemplated site plan, subdivision or redevelopment plan and
to enable the Board to preliminarily express its nonbinding view on
any area(s) of concern. Such a person making a request for an informal
conference with the Board shall submit a completed application, supporting
documentation set forth in the checklist, and payment of the prescribed
fee to the Planning Administrator at least 21 days prior to a regularly
scheduled meeting of the Land Use Planning Board.
[Amended 8-26-1986 by Ord. No. 1986-15; 12-10-2001 by Ord. No.
2001-12; 5-31-2022 by Ord. No. 2022-8]
B.
Fees.
[Amended 8-26-1986 by Ord. No. 1986-15; 6-25-1991 by Ord. No.
1991-4]
(1)
For informal review fees, see § 460-58K.
[Amended 4-13-1998 by Ord. No. 1998-04; 11-28-2011 by Ord. No. 2011-13]
(2)
The aforementioned funds are minimums and are subject to increase or decrease upon demand by the Administrative Officer. Sums not utilized in the review process shall either be returned to the applicant or shall be utilized as a credit to sums required pursuant to § 460-58 in the event that a formal application is filed. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount, in writing, and shall submit said additional sum pursuant to the procedures set forth in § 47-27 of the Code of the Township of Eastampton.
C.
The applicant shall not be bound by any concept plan for which informal
review is requested, and the Land Use Planning Board shall not be
bound by any such review.
[Added 3-25-1980 by Ord. No. 1980-3; amended 12-10-2001 by Ord. No.
2001-12]
[Amended 8-31-1982 by Ord. No. 1982-10; 9-25-1985 by Ord. No.
1985-9; 6-27-1989 by Ord. No. 1989-3]
The applicant, as required by the provisions of this chapter,
shall pay to the Clerk fees in accordance with the following provisions:
A.
Minor subdivisions:
[Amended 4-13-1998 by Ord. No. 1998-04]
(4)
For purposes of this section, a submission that is able to be approved
in one step without the need of preliminary and final approval shall
be considered a consolidated application.
B.
Major subdivisions:
[Amended 4-13-1998 by Ord. No. 1998-04; 2-28-2011 by Ord. No.
2011-5; 3-22-2021 by Ord. No. 2021-6]
C.
D.
The escrow for inspection of improvements shall be calculated in accordance with § 460-54E. Legal fees incurred with respect to reviewing of bonds, inspection uses and the preparation of various resolutions with respect thereto shall be charged against said escrow.
[Amended 4-13-1998 by Ord. No. 1998-04; 4-9-2018 by Ord. No. 2018-8]
E.
Other sums. Sums not utilized in the review and inspection process shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow pursuant to § 47-27.
F.
Miscellaneous provisions.
(1)
The Land Use Planning Board may waive any or all of any fee established
herein if the applicant is a nonprofit or religious corporation or
association.
[Amended 12-10-2001 by Ord. No. 2001-12]
(2)
All processing fees shall be nonrefundable.
(3)
The payment of fees incurred by Township officials for the review
of applications, the inspection or administration of projects, the
deposit of escrow funds and the increase thereof and any appeals as
to the sufficiency thereof or appropriateness thereof shall be governed
by the provisions of the Municipal Land Use Act, N.J.S.A. 40:55D-1
et seq. By making the application, the applicant shall be deemed to
be familiar with all aspects of this chapter and Code and the provisions
of the Municipal Land Use Act. For administrative purposes, the Township
shall provide a written summary of the salient provisions of the Municipal
Land Use Law and a copy thereof to an applicant. Said provisions shall
cover the deposit of escrow funds. Each time the applicant submits
revisions to its application, including, but not limited to, application
form, plans, and supporting documents, studies and reports, the applicant
shall remit 1/3 of the escrow fee required for the application for
Township officials and professionals to review the revisions. No additional
plan review or professional services or municipal services shall be
rendered until the required escrow funds are deposited.
[Amended 11-26-1996 by Ord. No. 1996-09; 5-31-2022 by Ord. No. 2022-8]
(5)
The municipal expense, i.e., salary, benefits and other typical items
of overhead, incurred as a result of the time expended by the administrative
officer or the deputy administrative officer and office staff with
respect to the review and analysis of all subdivisions and site plans
and recommendations with respect thereto shall be charged to the applicant's
escrow account.
[Amended 7-24-1990 by Ord. No. 1990-15]
(6)
The failure to pay plan review escrow fees shall be grounds to deny
the approval to the application. In the event an approval is granted,
said approval shall be subject to the condition that the applicant
shall pay any and all plan review escrow fees, said condition to be
written into the resolution. Also, said resolution shall contain the
condition that inspection escrows shall be paid prior to the disturbance
of soil and/or the issuance of the first construction permit, whichever
comes first, and that the applicant shall replenish the inspection
escrows on demand of the Township as set forth in the Township Code.
The failure to pay the plan review fees and/or the inspection fees
shall be grounds to revoke the approval by the Land Use Planning Board
upon notice to and a hearing for the applicant.
[Added 8-26-1991 by Ord. No. 1991-10; amended 12-10-2001 by Ord. No.
2001-12]
(7)
For fee purposes only, any application for an amendment to any approval
or to any application shall be considered a new application. Any amount
on deposit shall be utilized in determining the final amount of fees
and escrows due and owing.
[Added 4-13-1998 by Ord. No. 1998-04]
(8)
All fees posted, filed or deposited, pursuant to this Code, shall
be used to defray the cost of professional review of all applications
(whether formal or informal) of any type of development or approvals,
for example, but not limited to, subdivisions, site plans, variances,
zoning interpretations and the like, of all professionals (Land Use
Planning Board Attorney, Land Use Planning or Township Engineer, Township
Planner, Township Attorney, Architect or any other professional deemed
necessary depending upon the application).
[Added 4-13-1998 by Ord. No. 1998-04; amended 12-10-2001 by Ord. No.
2001-12]
(9)
In the event that an applicant applies to the New Jersey Department of Environmental Protection for a permit for any purpose and said regulations require the approval and consent of the Township, said entity shall deposit in escrow with the Township the amount of $1,500, subject to the provisions of § 47-32 of the Code of the Township of Eastampton.
[Added 4-13-1998 by Ord. No. 1998-04]
H.
A request for a variance or conditional use accompanying a site plan or subdivision will require the filing of a separate application and the appropriate fee, in addition to the site plan or subdivision application. The request for subdivision and site plan approval will require two applications and two fees pursuant to § 47-28.
I.
Any application for a variance, conditional use permit, interpretation,
approval or any other decision of the Board shall pay the following
fees and escrows:
[Amended 4-13-1998 by Ord. No. 1998-04; 12-11-2000 by Ord. No.
2000-10; 11-28-2011 by Ord. No. 2011-13]
J.
K.
Informal or conceptual review:
[Added 10-13-2009 by Ord. No. 2009-09]
L.
Redevelopment
concept review fees. Upon submission of a redevelopment plan for concept
review (prior to submission of an application for development to the
Township Land Use Planning Board), a concept review fee shall be payable
based on the size of the proposed project:[3]
|
Project Gross Floor Area
(square feet)
|
Fee
|
|---|---|
|
Less than 10,000
|
$500
|
|
10,000 to 20,000
|
$1,000
|
|
Over 20,000
|
$2,000
|
[Added 12-22-1987 by Ord. No. 1987-25]
A.
The developer of land receiving major subdivision approval shall
prominently display a copy of the approved preliminary plan and final
plan, containing all conditions, in the sales office and shall provide
a reduced copy of the same to any and all interested persons. Also,
developers of land receiving major subdivision approval shall provide
a written statement to a contract purchaser at the time of the execution
of the agreement of sale of a particular lot, setting forth the following
information:
(1)
The location of the house/lot to be purchased on the preliminary
and final approval plans.
(2)
The location of all wetlands and the relationship to the property.
(3)
A description of all encumbrances, liabilities and restrictions on
the use of land, including but not limited to easements and wetlands
and recreation areas.
(4)
The location of all recreation facilities and the relationship of
the same to the property and the date when the facilities will be
commenced and completed.
B.
The Land Use Planning Board shall condition the preliminary and final
approval of a major subdivision upon compliance with the terms of
this section.
[Amended 12-10-2001 by Ord. No. 2001-12]
[Added 5-31-2022 by Ord. No. 2022-8]
The checklist for site plan, subdivision and use variance applications
is made part of this chapter.[1] All applications shall comply with the items required
for each application as set forth in the checklist. The Planning Administrator
shall review the submission of an application for completeness and
shall render a decision regarding the application's completeness within
45 days of the date of the submission of the application, issuing
a written letter to the applicant indicating either the application
is complete or incomplete. Letters indicating the application is complete
may provide the day and time when the application will be scheduled
for a public hearing before the Land Use Planning Board, or may indicate
a follow-up letter will be sent providing the date and time when the
application will be scheduled for a public hearing before the Land
Use Planning Board. Letters indicating the application is incomplete
shall specify deficiencies from the checklist applicable to the type
of application submitted. The Planning Administrator shall determine
whether checklist items identified by the applicant as "not applicable"
are inapplicable to the application, basing his/her decision on the
merits of the written explanation submitted by the applicant and the
nature and circumstances of the application. The reason(s) for the
Planning Administrator denying an applicant's request for a checklist
item to be "not applicable" shall be set forth in writing in the incomplete
letter issued to the applicant. All appeals of the Planning Administrator's
decision regarding the applicability of the checklist items shall
be made to the Land Use Planning Board.
[1]
Editor's Note: Said checklist is on file in the Township offices.
