[Amended 9-8-1987 by Ord. No. 12-87; 6-11-1991 by Ord. No. 6-91]
A.
Except as hereafter provided under Subsection B, Exemptions, no zoning permit or building permit shall be issued for any of the following unless and until final site plan approval is granted by the Land Use Board:[1]
(1)
The construction of any new structure.
(2)
The construction of any addition to an existing structure which increases
the size of that structure.
(3)
Any change of use of land or structures.
(4)
Any interior alterations which, pursuant to any provision of this
chapter, increase the required number of off-street parking spaces.
(5)
The construction or addition of any off-street parking area which
provides for an increase of six or more parking spaces or requires
any new drainage facilities as determined by the Municipal Engineer.
(6)
The alteration of an existing structure to add one dwelling unit
above a nonresidential use, where permitted.
B.
Exemptions. Notwithstanding the provisions of Subsection A, site plan approval shall not be required for the following:
(1)
Home Occupation: Level I.
[Amended 5-15-1997 by Ord. No. 8-97]
(2)
Interior alterations which do not increase the required number of
parking spaces.
(3)
Any change of use of land or structure to a use which the standards
of this chapter are the same or less restrictive or stringent.
(4)
Construction or installation of underground facilities which do not
alter the general use, appearance or grade of the site, provided that
the underground installation of fuel oil tanks or tanks for the storage
of flammable or combustible liquids or materials shall be approved
by all appropriate officers or agencies having jurisdiction.
(5)
The construction, alteration or addition to any off-street parking
area which provides an increase of five or less parking spaces, which
requires no new drainage facilities, and provided that the site has
a previously-approved site plan and provided that only one exemption
pursuant to this section shall be permitted for each parcel based
on the approved site plan. Any additional expansion over the minimum
five spaces shall require site plan approval.
(6)
Exterior renovations, alterations or reconstruction, including the
foundation to a structure, which do not increase the areas of the
structure.
[Amended 2-15-1996 by Ord. No. 6-96]
(7)
Storage sheds not larger than 200 square feet with an external height
limit not to exceed 12 feet to be used for storage purposes only.
Not more than two storage sheds per lot with a combined storage of
not more than 200 square feet total per lot are permitted.
[Added 5-15-1997 by Ord. No. 8-97]
(8)
Trash enclosures without a roof and not more than six feet in height,
provided said enclosure is located not closer to the front property
line and the front setback or the front line of the existing principal
building, whichever is less, and further provided that the trash enclosure
is a maximum of 10 feet by 10 feet in area.
[Added 5-15-1997 by Ord. No. 8-97]
C.
Site plan waiver. The Board, in its discretion, may grant a waiver
from the requirements for the site plan approval for those applications
for home occupations or home professional offices, as defined, which
are permitted by this chapter and which, in addition, meet the following
conditions:
(1)
All conditions of the relevant home occupations or home professional
office section which permit the use must be met.
(2)
That portion of the structure proposed to be utilized for the home
occupation or home professional office shall be less than 500 square
feet in area.
(3)
The delivery of any materials, products or items utilized in conjunction
with the home occupation or home professional office shall not be
permitted by any articulated vehicles.
(4)
The proposed home occupation or home professional office will be
conducted within a building which shall maintain the exterior appearance
of a residence as well as the primary use as a residence, and the
type of construction utilized shall not be inharmonious to the residential
character of adjacent structures and the neighborhood and shall not
include storefront type of construction. Garage doors larger than
needed for passenger vehicles or light commercial vehicles or unfinished
concrete blocks or cinder block wall surfaces shall not be permitted.
(5)
In the event of approval of the request for a waiver pursuant to
this section, the applicant shall be exempt from that portion of the
fees for site plan approval which are designated as escrows but not
for the fees for the conditional use application which is a requirement
of all home occupations or home professional offices in Eagleswood
Township.
(6)
Notwithstanding any of the above, if the Board shall find from the
information presented with the conditional use application or at the
hearing of the matter that it is necessary for the protection of the
public health, safety and welfare, the Board may require a major or
minor site plan or impose such conditions as it finds necessary for
the protection of the public health, safety and welfare.
D.
No certificate of occupancy shall be given unless construction conforms
to the approved plan.
[Amended 9-8-1987 by Ord. No. 12-87; 8-9-1988 by Ord. No. 21-88]
A.
Preliminary site plan approval procedure.
[Amended 12-13-1988 by Ord. No. 28-88; 6-19-1997 by Ord. No. 10-97; 2-23-2004 by Ord. No. 04-5; 3-27-2006 by Ord. No. 2006-7; 12-18-2006 by Ord. No.
2006-28; 1-26-2015 by Ord. No. 2015-01]
(1)
Application requirements. All applications for preliminary site plan
approval shall be submitted at least 28 days prior to the regularly
scheduled meeting of the Land Use Board at which consideration is
sought. Prior to the issuance of a certificate of completeness and/or
the scheduling of the required public hearing before the Land Use
Board, the Land Use Board Engineer shall determine that the following
has been submitted in proper form:
(a)
Thirteen prints of a preliminary and final site plan prepared in accordance with the provisions of Subsection A(2).
(b)
Thirteen completed copies of the preliminary and final major
site plan application form.
(c)
Required application fees.
(d)
Thirteen sets of the architectural plans and elevations, including
color renderings.
(e)
Thirteen copies of the Tax Map sheet with block and lot highlighted.
(f)
Thirteen copies of permit refusal from Zoning/Code Enforcement
Officer, if applicable.
(g)
One copy of proof of payment of property taxes.
(h)
One copy of Professional List.
(i)
One copy of W-9 Form.
(j)
One copy of affidavit of ownership or one copy of disclosure
of ownership (partnership, corporation or joint venture).
(k)
One copy of affidavit of noncollusion.
(l)
One copy of consent of owner where applicant does not own property
that is the subject of application.
(n)
Proof of application to the Ocean County Planning Board.
(o)
Proof of application to the Eagleswood Municipal Utility Department
(MUD) for approval of sanitary sewer or water facilities, if applicable.
(p)
Proof of application for NJDOT stream encroachment, CAFRA, wetlands
or waterfront development permit(s), if applicable.
(q)
Issuance of a certificate of filing from the Pinelands Commission,
if applicable.
(r)
Written requests for the granting of any variances and/or design
exceptions.
(2)
Plat detail requirements. The submitted preliminary site plan shall
be drawn, signed and appropriately sealed by an architect, professional
engineer, surveyor and/or planner, licensed by the State of New Jersey;
provided, however, sanitary sewer, water distribution and storm drainage
plans must be signed and sealed by a professional engineer. The site
plan shall be based upon a current certified boundary survey, shall
not be drawn at a scale smaller than 100 feet to the inch and no larger
than 10 feet to the inch unless authorization from the Land Use Board
Engineer is given, and shall contain the following information:
(a)
Current property survey upon which the site plan is based, no more
than one year old and based on New Jersey State Plane Coordinates.
(b)
Name of development, if applicable.
(c)
Tax Map sheet, block and lot designation of the site as shown
on the most current Township Tax Map; the date shall also be shown.
(d)
Date of original and all revisions.
(e)
Name and addresses of owner(s) and developer, so designated.
(f)
Name(s), signature(s), address(es) and license number(s) of
engineer, architect, land surveyor or planner who prepared the plan
and his embossed seal.
(g)
All sheets shall be numbered and titled, if plan contains more
than one sheet.
(h)
A schedule shall be placed on the site plan indicating acreage
of the tract and the acreage of the tract involved in the site plan;
the floor area of the existing and proposed building, listed separately;
the proposed use or uses and the floor area devoted to each use; the
zone in which the site is located and the zone minimum lot requirements;
proposed and required lot dimensions, front, rear and side setbacks;
proposed and required off-site parking and square footage and percent
of the site to be retained as open space.
(i)
North arrow reference meridian, written and graphic scale.
(j)
Sufficient spot elevations (NAVD 1988) and/or contour lines
to indicate the proposed drainage system and the relationship to the
existing grading of the site and the surrounding area.
(k)
The tops of the banks and boundaries of the floodways and flood
hazard areas of all existing watercourses, where such have been delineated,
or the limits of the alluvial soils where the boundaries of the floodways
and flood hazard areas have not been determined, and/or such other
information as may assist the Land Use Board in the determination
of floodway and flood hazard area limits.
(l)
Paving and right-of-way widths of existing and proposed streets
adjacent to the site.
(m)
The boundary, nature and extent of wooded areas, swamps, bogs
and ponds within 100 feet of the site.
(n)
Existing and proposed manholes, sewer lines, waterlines, fire
hydrants, utility poles or underground lines, and all other topographical
features of a physical or engineering nature within the site and within
100 feet thereof.
(o)
Location, use, finished grade level, ground coverage, first
floor and basement elevations, front, rear and side setbacks of all
existing buildings, and other pertinent improvements.
(p)
Existing and proposed public easements on rights-of-way and
the purpose thereof.
(q)
A key map at a scale of no less than 2,000 feet to the inch,
showing the site with reference to the surrounding areas, existing
streets, and zone boundaries or Township boundaries that are within
500 feet of the site.
(r)
Zone boundaries and Tax Map sheet, lot and block numbers, and
names of owners of all properties within 200 feet of the site.
(s)
The capacity of off-street parking and the location and dimensions
of all access drives, aisles and parking stalls.
(t)
The location and size of proposed loading docks, where applicable.
(u)
Location of curbs and sidewalks.
(v)
A cross section(s) showing the composition of pavement area,
curbs, sidewalks.
(w)
Exterior lighting plan, including the location and direction
of illumination, levels of illumination, expressed in horizontal footcandles,
and drawn details of all outdoor lighting standards and fixtures.
(x)
Landscaping and screening plan showing the location, type, spacing and number of each species to be utilized, and planting descriptions shall be in the form of a schedule and include names of plant species. Specific design details shall be indicated on the plat along with any additional descriptive notes. For applications in the Pinelands Area, landscaping plans shall incorporate the elements set forth in § 295-71B(4).
(y)
Location of signs and details, drawn to show size, type, height,
content and nature of construction of all signs.
(z)
Drawn details of the type of screening to be utilized for refuse
storage areas, bulk storage areas and outdoor equipment areas.
(aa)
Floor plans and building elevation drawings, including color
renderings, of any proposed structure or existing structures proposed
for architectural modification.
(bb)
A grading plan showing existing and proposed grading contours
at one-foot intervals; except if slopes exceed 5%, a two-foot interval
system, and if the slopes exceed 10%, a five-foot interval system
may be used. Data collection shall be based on the United States Coast
and Geodetic Survey Data (MSL = 0), and the source of data shall be
noted.
(cc)
On-site grading plan shall be indicated and presented in graphic
form which shall clearly show the street and lot layout and those
systems pertinent to drainage, including existing and proposed grading
as so noted above.
(dd)
Drainage plans shall be accompanied by plans and profiles of all
proposed drainage and sanitary sewer facilities, including, where
applicable, typical details, pipe sizes, types, inverts and grate
or rim elevations and slopes.
(ee)
Any off-site drainage plans shall include complete drainage
calculations and pertinent details as determined by the Land Use Board
Engineer.
(ff)
Borings. Unless the Land Use Board Engineer shall determine
in advance that fewer boring logs are required or that some or all
of the boring logs may be deferred to the final approval, the site
plan shall be accompanied by a set of boring logs and soil analyses
for borings made in accordance with the following requirements:
[1]
Borings shall be spaced evenly throughout the site.
[2]
One boring not less than 15 feet below grade or 20 feet minimum
depth shall be made for every five acres, or portion thereof, of land
where the water table is found to be 10 feet or more below proposed
or existing grade at all boring locations.
[3]
One additional boring shall be made per acre, or portion thereof,
in those areas where the water table is found to be less than 10 feet
below proposed or existing grade.
[4]
Boring logs shall show soil types and characteristics encountered,
groundwater depths, and the name of the person in charge of the boring
operation. The boring logs shall also show surface elevations.
[5]
Based on the borings, the site plan shall clearly indicate all
areas having a water table within two feet of the existing surface
of the land or within two feet of proposed grade, or all areas within
which two feet or more of fill is contemplated or has previously been
placed.
(gg)
Location of handicapped facilities, including parking spaces,
entrance ramps and drop curbs and dimensions of same.
(hh)
Where required by the Land Use Board Engineer, center-line profiles
of streets adjacent to the site, internal roadways and major circulation
aisles showing existing and proposed final grades and slopes and pipe
sizes, types, inverts and grate or rim elevations of drainage and
sanitary sewer facilities.
(ii)
Typical details of all proposed improvements, as applicable.
(jj)
Such other information as the Land Use Board and/or Land Use
Board Engineer may request during site plan review.
(kk)
It is recognized that in certain instances the uniqueness of
a particular proposal may require the waiver of some of the information
required herein. The Land Use Board may consider and for cause shown
may waive strict conformance with such of these plat map details and
other engineering documents as it sees fit. Any developer desiring
such action should present with his application for development a
listing of all such waivers desired, together with the reasons therefor.
(3)
Submission and distribution of application.
(a)
The applicant is required to distribute the application as follows:
[1]
One copy of the application to the Township Engineer;
[2]
One copy of the application to the Township Planner;
[3]
One copy of the application to the Land Use Board Attorney;
[4]
Two copies of the application to the Environmental Commission;
and
[5]
Thirteen copies of the application to the Land Use Board Secretary.
(b)
A list of the Land Use Board professionals and their mailing
addresses will be provided to the applicant. The applicant shall also
submit an affidavit attesting to the fact that he has distributed
the applications as required by this section.
B.
Effect of preliminary site plan approval. Approval of a preliminary
site plan shall confer upon the applicant all the rights set forth
in N.J.S.A. 40:55D-49. Preliminary approval shall not confer upon
the developer the right to undertake any clearing, grading and/or
to install any improvements prior to final approval unless it shall
be determined by the Land Use Board and the Township Engineer that
said clearing, grading and/or installation of improvements would not
hinder future development or create physical or aesthetic problems
in the event that further development of the site plan is not undertaken
and that required inspection fees have been paid, and adequate performance
guarantees have been posted to provide for the cost to the Township
of performing work that may be necessary to protect adjacent property
owners and the public interest in the event that such clearing, grading
and/or installation of improvements is not completed and/or further
development of the site is not undertaken. Such performance guaranties
shall include but are not limited to the cost to the Township of providing
erosion control facilities, seeding or otherwise stabilizing the site,
drainage facilities necessary to protect off-tract areas from flooding,
screening or fencing that may be required, and all improvements to
be undertaken which are within public rights-of-way or easements.
C.
Final site plan approval procedure.
(1)
Application requirements. All applications for final site plan approval
shall be submitted at least 28 days prior to the regularly scheduled
meeting of the Land Use Board at which consideration is sought. Prior
to the issuance of a certificate of completeness, the Land Use Board
Engineer shall determine that the following has been submitted in
proper form:
[Amended 12-13-1988 by Ord. No. 28-88]
(a)
Eight prints of a final site plan prepared in accordance with the provisions of Subsection C(2);
(b)
Three completed copies of the final site plan approval application
form;
(c)
Required application fees;
(d)
Proof of payment of property taxes;
(e)
Four sets of the final architectural plans and elevations;
(f)
Proof of application to the Ocean County Planning Board for
final approval;
(g)
Proof of application to the Eagleswood Municipal Utility Department
for final approval of sanitary sewer or water facilities, if applicable;
and
(h)
Proof of application for stream encroachment, CAFRA, wetlands
or waterfront development permit(s), if applicable.
(2)
Plat detail requirements. The final site plan shall include all data required pursuant to Subsection A(2) and shall be drawn to incorporate all changes required pursuant to any preliminary approval and the following additional data:
(a)
The title block shall be entitled "Final Site Plan."
(b)
Drainage plans shall be accompanied by plans and profiles of
all proposed drainage and sanitary sewer facilities, including, where
applicable, typical details, pipe sizes, types, inverts and grate
or rim elevations and slopes.
(c)
Where required by the Land Use Board Engineer, center-line profiles
of streets adjacent to the site, internal roadways and major circulation
aisles, showing:
(d)
Typical details of all proposed improvements, as applicable.
(3)
Submission and distribution of application.
[Added 2-23-2004 by Ord. No. 04-5]
(a)
The applicant is required to distribute the application as follows:
[1]
Two copies of the application to the Township Engineer;
[2]
One copy of the application to the Township Planner;
[3]
One copy of the application to the Land Use Board Attorney;
[4]
Two copies of the application to the Environmental Commission;
and
[5]
Fifteen copies of the application to the Land Use Board Secretary.
(b)
A list of the Land Use Board professionals and their mailing
addresses will be provided to the applicant. The applicant shall also
submit an affidavit attesting to the fact that he has distributed
the applications as required by this section.
D.
Effect of final site plan approval. Approval of a final site plan
shall confer upon the applicant all rights set forth in N.J.S.A. 40:55D-52.
E.
Combined preliminary and final site plan approval.
(1)
An applicant may request and the Land Use Board may consent to accept
an application for development for combined preliminary and final
site plan approval, provided that:
(a)
The proposed development is not to be constructed in sections
or stages.
(b)
The applicant pays the application fees and provides all submissions
required for both preliminary and final applications.
(c)
Any notice of hearing requirements applicable to the preliminary
plat stage is complied with.
(2)
Any approval granted by the Land Use Board for such combined application
shall confer upon the applicant all the rights set forth in this section
for final approval.
F.
Minor site plan approval procedure.
[Added 6-11-1991 by Ord. No. 6-91]
(1)
Application requirements. All applications for minor site plan approval
shall be submitted at least 28 days prior to the regularly scheduled
meeting of the Land Use Board at which consideration is sought. Prior
to the issuance of the certificate of completeness and/or the scheduling
of the matter for consideration by the Land Use Board, the Land Use
Board Engineer shall determine that the following has been submitted
in proper form:
(a)
Eight prints of a minor site plan prepared in accordance with
the provisions of this section.
(b)
Three completed copies of the minor site plan approval application
form.
(c)
Required application fees.
(d)
Proof of payment of property taxes.
(e)
Four sets of suitable plans and elevations for any proposed
buildings or structures.
(f)
Proof of application to the Ocean County Planning Board for
final approval.
(g)
Determination of the Eagleswood Municipal Utility Department
as to the availability of water and sewer facilities or proof of application
for preliminary or tentative approval of the Eagleswood MUD.
(h)
Issuance of a certificate of filing from the Pinelands Commission,
if applicable.
(i)
Requests for the granting of any variances and/or design exceptions.
(j)
Other submittals and information that may be required by the
Land Use Board Engineer or Land Use Board.
(2)
Plat detail requirements.
(a)
Site plans shall not be drawn at a scale smaller than one inch
equals 50 feet nor larger than one inch equals 10 feet.
(b)
The site plan shall be based on a monumented, current and certified
boundary survey. The date of the survey and the name of the person
making same shall be shown on the map. If 12 months or more has passed
since the date of (or date of last recertification of) the survey,
it shall be rectified and, if necessary, brought up-to-date.
(3)
Title block. The title block shall appear on all sheets and shall
include:
(a)
Title of "Minor Site Plan."
(b)
Name of the development, if any.
(c)
Tax Map sheet, block and lot number of the site, as shown on
the latest Township Tax Map, the date of which should also be shown.
(d)
Date of original and all revisions.
(e)
Names and addresses of owner and developer, so designated.
(f)
Name(s), signature(s), address(es) and license number(s) of
engineer, architect, land surveyor or planner, if any, who prepared
the minor site plan and his embossed seal.
(g)
If the site plan contains more than one sheet, each sheet shall
be numbered and titled.
(4)
A schedule shall be placed on the site plan, indicating:
(a)
The acreage of both the tract and site (the portion of the tract
involved in the site plan).
(b)
The floor area of the existing and proposed building, listed
separately.
(c)
The proposed use or uses and the floor area devoted to each
use.
(d)
Proposed and required lot dimensions and front, rear and site
setbacks.
(e)
Proposed and required off-street parking spaces.
(f)
North arrow and written and graphic scales.
(g)
The direction of flow of water across the site, shown by means
of arrows.
(h)
Paving and right-of-way widths of existing streets adjacent
to the site.
(i)
The boundary, nature and extent of any wetlands or wetlands
transition area on site, if any.
(j)
Existing and proposed manholes, sewer lines, waterlines, fire
hydrants, utility poles and all other topographical features of a
physical or engineering nature within the site.
(k)
All existing structures on the site, including those to be destroyed
or removed and those to remain.
(l)
Location, use, front, rear and side setbacks of all buildings
and other pertinent improvements.
(m)
Existing and proposed public easements or rights-of-way and
the purposes thereof.
(n)
The location and dimensions of all access drives, aisles and
parking stalls.
(o)
The location and size of proposed loading docks.
(p)
Location of curbs and sidewalks. All site plans shall require
curbs and sidewalks in accordance with Residential Site Improvement
Standards. Along Route 9, sidewalks shall comply with the streetscape
provisions of the Township which are on file at the Clerk's office.
[Amended 7-23-2007 by Ord. No. 2007-11]
(r)
Landscaping and screening plan.
(s)
Location of signs and drawn details, showing the size, nature
of construction, height and content of all signs.
(t)
Drawn details of the type of screening to be utilized for refuse
storage areas, outdoor equipment and bulk storage areas.
(u)
Such other information as the Land Use Board and/or Land Use
Board Engineer may request during site plan review.
[Added 10-27-2003 by Ord. No. 2003-12]
[Added 12-15-2003 by Ord. No. 2003-18]
[Amended 9-8-1987 by Ord. No. 12-87]
A.
A public hearing shall be required for all preliminary site plan
applications.
B.
Notice shall be given by the applicant at least 10 days prior to
the date of the hearing.
C.
Public notice shall be given by publication in the official newspaper
of the municipality, if there is one, or in a newspaper of general
circulation in the municipality.
D.
Notice of hearing requiring public notice pursuant to this section
shall be given to the owners of all real property, as shown on the
current tax duplicate or duplicates, located within 200 feet in all
directions of the property which is the subject of such hearing and
whether located within or without the municipality in which the applicant's
land is located.
E.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection D above to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
F.
Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on all applications for development
of 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.
G.
Notice shall be given by personal service or certified mail to the
Commissioner of the New Jersey Department of Transportation of a hearing
on any application for development of property adjacent to a state
highway.
H.
Notice shall be given by personal service or certified mail to the
State Planning Commission of any hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the Administrative Officer pursuant to N.J.S.A. 40:55D-10b.[1]
I.
The applicant shall file an affidavit of proof of service with the
Board holding the hearing on the application for development.
J.
Any notice made by certified mail as hereinabove required shall be
deemed to be complete upon mailing in accordance with the provisions
of N.J.S.A. 40:55D-14.
K.
Form of notice. All notices required to be given pursuant to the
terms of this chapter shall state the date, time and place of the
hearing; the nature of the matters to be considered; identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Township Tax Assessor's office; location and times
at which any maps and documents for which approval is sought are available
for public inspection as required by law.
L.
Minor site plan approval hearing and notice requirements.
[Added 6-11-1991 by Ord. No. 6-91]
(1)
No notice or public hearing shall be required for minor site plan
applications which require no variance relief and are in compliance
with all the terms and provisions of this chapter.
(2)
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 Land Use Board to act within the period
prescribed shall constitute minor site plan approval.
(3)
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 Land Use 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.
(4)
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor site plan approval was
granted, shall not be changed for a period of two years after the
date of minor site plan approval.
[Amended 9-8-1987 by Ord. No. 12-87; 8-23-1988 by Ord. No. 24-88; 12-13-1988 by Ord. No. 29-88; 5-8-1990 by Ord. No. 7-90]
A.
Application fee required to be deposited.
(1)
The developer, at the time of filing an application, shall deposit
with the Township a business, personal or cashier's check payable
to the Township of Eagleswood in an amount determined by the schedule
set forth in this section. Applications for site plan approval requiring
a combination of approvals, such as site plan, conditional use and/or
variance, shall pay a fee equal to the sum of the fees for each required
approval.
B.
Escrow funds required to be deposited.
(1)
In addition to the payment of the required application fee (which
shall be charged to cover general Township administrative costs),
as set forth herein, development applications shall be accompanied
by a deposit of escrow funds in accordance with the provisions set
forth herein.
(2)
The escrow funds shall be utilized to cover the municipal costs of
professional and nonprofessional services incurred during the development
review process. Professional and nonprofessional fees and salaries
incurred in connection with the review of plans, consultation, written
reports and resolution preparation, meeting attendance, general preparation,
research, testimony and other professional consulting services as
may be required due to the nature of the application shall be paid
from escrow funds. Escrow fees shall not be utilized to pay site inspection
costs required during the construction process.
(3)
An applicant shall deposit all escrow funds required herein prior
to the application being declared "complete" by the Administrative
Officer. An applicant appearing initially before the Land Use Board
shall have deposited all escrow funds required herein before said
appearance. No meeting or hearing with the applicant shall be held
by said Board until all escrow funds and required application fees
have been deposited in accordance with the provisions set forth herein.
The escrow sums must be in the form of a business, personal, cashier's
or certified check or money order. All escrow funds shall be deposited
with the Land Use Board Secretary.
(4)
Additional escrow funds may be required when the escrow has been
depleted to 20% of the original escrow amount. The Township shall
notify the Board when escrow funds have been so depleted. Professionals
and nonprofessionals being paid from escrow funds shall notify the
Board as to additional costs anticipated to be incurred. The Board
may not take any further action on the application until adequate
additional escrow fees have been deposited by the applicant with the
Township. The amount of payment of additional escrow fees shall be
equal to that of the original amount paid, unless deemed otherwise
by the Township of Eagleswood.
(5)
Whenever escrow deposits for an application for development exceed
$5,000, they shall be placed in an interest-bearing account and administered
in accordance with the requirements of N.J.S.A. 40:55D-53.1.
(6)
All disbursements to consulting professionals and applicable charges
from Township-employed professionals and nonprofessionals for services
involved in processing an application which requires the deposit of
escrow funds shall be charged against the escrow account.
(7)
All bills submitted by consulting professionals relative to said
applications shall specify the services performed for individual applications
and the amount charged to the Township pursuant to the consultant's
contract.
(8)
The Township shall provide the applicant with an accounting of escrow
funds 90 days after the Board has taken action on the application,
unless the applicant has delayed the submission of revised plans which
comply with the Board's approval.
(9)
All escrow sums not actually expended shall be refunded to the applicant
within 90 days after the Board has taken action on the application,
unless the applicant has delayed the submission of revised plans which
comply with the Board's approval.
C.
Informal conditional use or site plan hearing and/or sketch site
plan.
(2)
Fifty percent of the application fee required in Subsection C(1) above shall be credited toward the required preliminary site plan application fee if a preliminary site plan application is filed with Eagleswood Township within six months of the date of the informal conditional use or site plan hearings or sketch site plan application.
(3)
In addition to the payment of the required application fee, applications
shall be accompanied by a deposit of escrow funds in the amount of
$500 to cover municipal costs for professional and nonprofessional
services incurred during the review process.
[Amended 10-24-2005 by Ord. No. 2005-23]
D.
Preliminary site plan. The application fee to be paid shall be the
sum of the site area and building area charges in accordance with
the following schedule and conditions.
(3)
Escrow amounts.
(a)
Nonresidential preliminary site plan.
|
Building Gross Floor Area
(square feet)
|
Escrow Amount
| |
|---|---|---|
|
Less than 5,000
|
$2,000
| |
|
5,000 to 24,999
|
$5,000
| |
|
25,000 to 49,999
|
$7,500
| |
|
50,000 or more
|
$10,000
|
(b)
Residential preliminary site plan:
[Amended 2-23-2004 by Ord. No. 04-5; 6-28-2004 by Ord. No. 2004-17]
|
Number of Units
|
Escrow Amount
| |
|---|---|---|
|
1 to 4
|
$2,000
| |
|
5 to 9
|
$4,000
| |
|
10 to 24
|
$6,000
| |
|
25 to 49
|
$10,000
| |
|
50 or more
|
$20,000
|
(c)
Any preliminary site plan application involving both of the
above escrow categories shall deposit cumulative escrow amounts.
E.
Final site plan.
(2)
Escrow amounts.
(a)
Nonresidential final site plan: same as nonresidential preliminary
site plan escrow fees.
[Amended 2-23-2004 by Ord. No. 04-5]
(b)
Residential final site plan: same as residential preliminary
site plan escrow fees.
[Amended 2-23-2004 by Ord. No. 04-5]
(c)
Any final site plan application involving both of the above
escrow categories shall deposit cumulative escrow amounts.
(d)
Any application filed for simultaneous preliminary and final
site plan approval shall deposit an escrow amount based on the total
of the respective escrow category for both a preliminary site plan
application and a final site plan application.
F.
Revised preliminary and/or final site plan. Any proposed revisions
to a preliminary and/or final site plan, including all supporting
maps and documents, previously approved by the Land Use Board, which
approval is still in effect, shall require submission of a revised
plat or payment of application fees in accordance with the following:
(1)
Where there are changes in the plat proposed by the applicant or
required by another governmental agency whose approval was a condition
of the Land Use Board approval, which changes involve additional building
gross floor area or parking or a significant change in the design
of the site plan, an application fee equal to 1/2 the application
fee required for the initial site plan submission shall be required
along with sufficient copies of the plat incorporating the changes
as may be necessary for distribution.
(2)
Where the proposed changes involve a change in use and/or major alteration
of the design concepts of the plat approved by the Land Use Board,
it shall be considered a new application and shall require the full
payment of application and escrow fees as set forth in this section
for new applications for development.
L.
Variance requests pursuant to N.J.S.A. 40:55D-70c(1) and (2).
(1)
For a detached single-family dwelling permitted in the zoning district
and not part of a site plan or subdivision application:
[Amended 1-26-2011 by Ord. No. 2011-02]
M.
Q.
Special meeting fees.
(1)
Upon the request of an applicant, the Eagleswood Township Land Use Board may schedule and hold a special meeting for the purpose of conducting a public hearing or to otherwise consider an application for development, provided that the applicant pays a fee as set forth in Chapter 135, Fees, per special meeting to the Township of Eagleswood to defray municipal costs associated with the special meeting being held. The special meeting shall be limited to one application per special meeting.[17]
(2)
An applicant may request a special meeting with the professional staff of the Land Use Board for the purpose of reviewing an application for development, subject to, however, the availability of the staff and to the applicant paying a fee as set forth in Chapter 135, Fees, per hour to defray the cost of the consultants and staff. No such meeting shall be held until the required fee has been paid in full to the Township.[18]
(3)
The foregoing fees shall be in addition to any required application
fees, the establishment of any escrow accounts, the posting of any
performance or maintenance guarantees, and the payment of the required
inspection fees.
R.
Site plan inspection fees.
[Amended 7-18-1996 by Ord. No. 96-12B]
(1)
The required site plan inspection fees shall be paid to the Land
Use Board Secretary prior to the commencement of any clearing, grading
or the construction or installation of any other improvements. Such
fees shall be based on the cost of improvements as set forth in the
bond estimate approved by the Township Engineer in an amount not to
exceed, except for extraordinary circumstances, the greater of $500
or 5% of the cost of improvements.
S.
T.
Educational fees.
[Added 11-27-2006 by Ord. No. 2006-20]
(1)
All applicants submitting an application to the Land Use Board for review shall pay a fee in the amount as set forth in Chapter 135, Fees, to defray the cost of tuition for those persons required to take the course in land use law and planning, as required pursuant to P.L. 2005, c. 133, unless exempted pursuant to Subsection T(2) below.
[Amended 1-26-2011 by Ord. No. 2011-02[20]]
[Amended 9-8-1987 by Ord. No. 12-87]
A.
Inspection notice. All required improvements, except those utility
improvements which are not the responsibility of the Township, shall
be subject to inspection and approval by the Township Engineer, who
shall be notified by the developer at least five days prior to the
initial start of construction and again 24 hours prior to the resumption
of work after any idle period exceeding one working day. All of the
utility improvements shall be subject to inspection and approval by
the owner of or agency controlling the utility, who shall be notified
by the developer in accordance with the utilities requirements. No
underground installation shall be covered until it is inspected and
approved by the owner of or agency controlling the utility or by the
Township Engineer in all other cases.
B.
General inspection requirements. All improvements, except as otherwise
provided, shall be subject to inspection and approval by the Township
Engineer. No underground installation shall be covered until inspected
and approved by the Township Engineer or those agencies having jurisdiction
over the particular installation. If such installation is covered
prior to inspection, it shall be uncovered or other inspection means
used, such as a television or other pipeline camera, as may be deemed
necessary by the Township Engineer, and charges for such work will
be paid by the developer.
C.
Inspection not acceptance. Inspection of any work by the Township
Engineer or his authorized representative shall not be considered
to be final approval or rejection of the work but shall only be considered
to be a determination of whether or not the specific work involved
was being done to Township specifications or other required standards
at the time of inspection. Any damage to such work or other unforeseen
circumstances, such as the effect of the weather, other construction,
changing conditions, settlement, etc., between the time of installation
and the time that the developer wishes to be released from his performance
guaranty shall be the full responsibility of the developer, and no
work shall be considered accepted until release of the performance
guaranty.
D.
Procedure on acceptance of public improvements. When the developer
has constructed and installed the streets, drainage facilities, curbs,
sidewalks, street signs, monuments and other improvements in accordance
with Township regulations, standards and specifications and desires
the Township to accept the said improvements, he shall, in writing
addressed to and in a form approved by the Township Committee, with
copies thereof to the Township Engineer, request the Township Engineer
to make a semifinal inspection of the said improvements.
[Amended 9-8-1987 by Ord. No. 12-87]
A.
Prior to the signing of a final plat and/or the commencing of any
clearing, grading, or installation of improvements, the developer
shall have filed with the Township a performance guaranty sufficient
in amount to equal the total cost to the Township, as estimated by
the Township Engineer, of constructing those on-site, off-site and
off-tract improvements necessary to protect adjacent property and
the public interest (if any) in the event that development of the
site was not completed. Such improvements shall include but are not
limited to drainage facilities necessary to protect off-tract areas
from flooding, erosion control facilities, required screening and
fencing, all improvements within public rights-of-way and easements
and the cost of seeding or otherwise stabilizing the site. Such guaranty
shall assure the installation of such improvements on or before an
agreed date, guarantee the completion of all improvements without
damage to or interference with adjacent properties or public facilities,
and hold the Township Committee and Township Land Use Board and their
employees and agents harmless with respect to any acts of the developer,
its agents, successors or assigns. The total estimated cost to the
Township of constructing all improvements shall be based upon the
estimated contract construction costs which would prevail upon expiration
of the guaranty period and shall also include appropriate allowances
for contract-related costs, such as engineering, legal, financial
and other usual costs, which shall be estimated to be 20% of the estimated
contract construction costs. Such performance guaranty may be in the
form of cash, certified check, negotiable securities, a performance
bond issued by a bonding company or surety company approved by the
Township Committee or any other type of surety acceptable to and approved
by the Township Attorney and Township Committee, provided that at
least 10% of the performance guaranty shall be in the form of cash,
certified check or savings passbook or certificate of deposit drawn
on an insured banking institution in the State of New Jersey; provided,
however, that all rights, including the right to interest with dividends,
be assigned to the Township of Eagleswood in the form of assignment
acceptable to the Township Attorney for the period of the bond and
that the principal amount of the passbook or certificate of deposit,
together with interest, be returned to the developer upon completion
of the bonded improvements or, in the event of default, both interest
and principal shall be used by and for the benefit of the Township
in the completion of said improvements.
B.
All performance guaranties shall run to and be in favor of the Township
of Eagleswood in the County of Ocean.
C.
The performance guaranty shall be approved by the Township Attorney
as to form, sufficiency and execution. Such performance guaranty shall
run for a period to be fixed by the Township Committee.
D.
When all of the required improvements have been completed, the obligor
shall notify the Township Committee in writing, by certified mail
addressed in care of the Township Clerk, of the completion of said
improvements and shall send a copy thereof to the Township Engineer.
Thereupon, the Township Engineer shall inspect all of the improvements
and shall file a detailed report, in writing, with the Township Committee,
indicating either approval, partial approval or rejection of the improvements,
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
E.
The Township Committee shall either approve, partially approve or
reject the improvements on the basis of the report of the Township
Engineer and shall notify the obligor, in writing, by certified mail,
of the contents of said report and the action of said approving authority
with relation thereto not later than 65 days after receipt of the
notice from the obligor of the completion of the improvements. Where
partial approval is granted, the obligor shall be released from all
liability pursuant to its performance guaranty, except for that portion
adequately sufficient to secure provision of the improvements not
yet approved. Failure of the Township Committee to send or provide
such notification to the obligor within 65 days shall be deemed to
constitute approval of the improvements, and the obligor and surety,
if any, shall be released from all liability pursuant to such performance
guaranty.
F.
If any portion of the required improvements are rejected, the Township
Committee 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.
[Amended 9-8-1987 by Ord. No. 12-87]
No performance guarantee shall be presented for approval of
the Township Committee until the Township Engineer shall have determined
the amount of the required performance guarantee as provided in this
chapter. The applicant shall thereupon post said performance guarantees
with the Township Clerk. The Township Clerk shall forward the appropriate
materials to the Township Attorney for approval as to form, content
and execution. Upon the approval of the Township Attorney, the Township
Clerk shall place the approval and acceptance of the performance guarantees
on the agenda of the next regularly scheduled meeting of the Township
Committee.
[Amended 9-8-1987 by Ord. No. 12-87]
A.
No permanent certificate of occupancy shall be issued for any use
or building until all required improvements are installed and approved
by the Township Engineer or other appropriate authority.
B.
Temporary certificates of occupancy may be issued upon the written
approval of the Township Engineer for a specified period of time,
not to exceed six months, and the applicant shall post a cash guaranty
with the Township in an amount equal to the cost to the Township of
constructing all uncompleted improvements prior to the issuance of
any such temporary certificate of occupancy.[1]
C.
Prior to the issuance of the certificate of occupancy, the provisions of § 231-1[2] of the Township Code of the Township of Eagleswood must
be complied with. Said provision requires verified written documentation
that all construction debris has been properly disposed of, with the
location and method of said disposal being made known.
[Added 2-15-1996 by Ord. No. 5-96]
[Amended 9-8-1987 by Ord. No. 12-87]
A.
A maintenance guaranty shall be furnished by the developer upon release
of the performance guaranty, acceptance of public improvements by
the Township Committee and/or approval of site improvements by the
Township Engineer. The developer may elect to furnish such maintenance
guaranty either by maintaining on deposit with the Township the ten-percent
cash or certified check portion of the performance guaranty provided
in accordance with this article, or by a bond issued by a bonding
company or surety company, or other type of surety acceptable to and
approved by the Township Attorney and Township Committee in an amount
equal to 15% of the total performance guaranty provided in accordance
with this chapter. The maintenance guaranty shall begin with the release
of the performance guaranty and shall run for a period of two years.
The maintenance guaranty shall be to the effect that the applicant,
developer, owner or user guarantees the complete maintenance of all
improvements for a period of two years from the release of his performance
guaranty and shall run for a period of two years. The maintenance
guaranty shall be to the effect that the applicant, developer, owner
or user guarantees the complete maintenance of all improvements for
a period of two years from the release of his performance guaranty.
Should he fail in his obligation to properly maintain all improvements,
the Township may, on 10 days' written notice, or immediately in the
case of hazard to life, health or property, proceed with necessary
repair or replacement of any unacceptable improvements and charge
the cost thereof against the guaranty. At the end of the maintenance
guaranty, the cash or certified check on deposit will be returned
to the subdivider less any sums, properly documented by the Township,
which have been expended to repair or replace any unsatisfactory improvements.
B.
Prior to the Township Engineer making his final report and recommendations
to the Township Committee for release of the performance guarantee
and acceptance of a maintenance guarantee, the developer will supply
as-built plans, signed and sealed by a licensed New Jersey professional
engineer, showing surface grading, including major lot gradings, building
finished floor grades and curb and gutter grades, together with horizontal
and vertical location of underground facilities. Manholes, inlets
and other such appurtenances, together with sidewalks and curbs, shall
be shown in true location and grade. The as-built plans shall be submitted
on reproducible media.
[Added 3-26-2007 by Ord. No. 2007-05]
[Amended 9-8-1987 by Ord. No. 12-87]
After final approval of the Land Use Board, the final site plan
shall not be changed without subsequent approval by the Land Use Board
under the requirements of this article, unless determined, in writing,
by the Township Engineer to be a minor change substantially consistent
with the intent of the Township's ordinances and the Land Use Board's
approval. Such minor changes may be approved administratively by the
Township Engineer.
