[Added 3-16-1977 by Ord.
No. 5-77; amended 5-8-1990 by Ord. No. 8-90]
A. General.
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, the person shall be subject to a penalty not to exceed
$1,000, and each lot disposition so made may be deemed a separate
violation.
B. Specific
relief. In addition to the foregoing, the Township may institute and
maintain a civil action:
(1) For
injunctive relief; and
(2) To
set aside and invalidate any conveyance made pursuant to such contract
of sale if a certificate of compliance has not been issued in accordance
with N.J.S.A. 40:55D-56 of the Municipal Land Use Law.
C. In any
such action, the transferee, purchaser or grantee shall be entitled
to a lien upon the portion of the land from which the subdivision
was made that remains in the possession of the developer or his assigns
or successors, to secure the return of any deposits made or purchase
price paid, and also 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 the land or within six years, if unrecorded,
as set forth in N.J.S.A. 40:55D-55.
[Added 5-8-1990 by Ord. No. 8-90]
A. Application fee required to be deposited. The developer, at the time of filing an application, shall deposit with the Township, in cash or check payable to the "Township of Eagleswood," an amount as determined in this section and as set forth in Chapter
135, Fees. Applications for subdivision approval requiring a combination of approvals, such as subdivision and variance, shall pay a fee equal to the sum of the fees for each required approval.
B. Escrow funds required to be deposited. 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 provisions established in §
295-39B in the zoning chapter.
C. Informal hearing of a minor subdivision (nonresidential and/or residential).
(1) Application fee plus a sum per lot, as set forth in Chapter
135, Fees.
(2) Fifty percent of the application fee required in Subsection
C(1) above shall be credited toward the required minor subdivision application fee if a minor subdivision application is filed with Eagleswood Township within six months of the date of the informal minor subdivision application hearing.
(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
$250 to cover municipal costs for professional and nonprofessional
services incurred during the review process.
[Amended 10-24-2005 by Ord. No. 2005-23]
D. Minor subdivision.
(1) Application fee as set forth in Chapter
135, Fees, plus a sum per lot, plus (if necessary) any fee for variance requests pursuant to N.J.S.A. 40:55D-70c(1) and (2).
(2) Escrow amounts.
(a)
Nonresidential minor subdivision:
|
Number of Lots
|
Escrow Amount
|
---|
|
1 to 4 lots
|
$1,000
|
(b)
Residential minor subdivision:
|
Number of Lots
|
Escrow Amount
|
---|
|
1 to 4 lots
|
$1,000
|
E. Informal major subdivision hearing and/or sketch major subdivision
plan (nonresidential and/or residential).
(1) Application fee plus a sum per lot, as set forth in Chapter
135, Fees.
(2) Fifty percent of the application fee required in Subsection
E(1) above shall be credited toward the required preliminary major subdivision application fee if a preliminary major subdivision application is filed with Eagleswood Township within six months of the date of the informal major subdivision hearing or sketch major subdivision application hearing.
(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]
F. Preliminary major subdivision plat.
(1) Application fee as set forth in Chapter
135, Fees, plus a sum per lot, plus (if necessary) any fee for variance requests pursuant to N.J.S.A. 40:55D-70c(1) and (2).
[Amended 1-26-2011 by Ord. No. 2011-01]
(2) Escrow amounts.
(a)
Nonresidential preliminary major subdivision plat:
[Amended 2-23-2004 by Ord. No. 04-4]
|
Number of Lots
|
Escrow Amount
|
---|
|
1 to 4 lots
|
$2,000
|
|
5 to 9 lots
|
$4,000
|
|
10 to 24 lots
|
$6,000
|
|
25 to 49 lots
|
$10,000
|
|
50 lots or more
|
$20,000
|
(b)
Residential preliminary major subdivision plat:
[Amended 2-23-2004 by Ord. No. 04-4]
|
Number of Lots
|
Escrow Amount
|
---|
|
1 to 4 lots
|
$2,000
|
|
5 to 9 lots
|
$4,000
|
|
10 to 24 lots
|
$6,000
|
|
25 to 49 lots
|
$10,000
|
|
50 lots or more
|
$20,000
|
(c)
Any preliminary major subdivision application involving both
of the above escrow categories shall deposit cumulative escrow amounts.
G. Final major subdivision plat.
(1) Application fee plus a sum per lot, as set forth in Chapter
135, Fees.
[Amended 1-26-2011 by Ord. No. 2011-01]
(2) Escrow amounts.
(a)
Nonresidential final major subdivision plat escrow fees shall
be the same as the escrow fees paid for a nonresidential preliminary
major subdivision plat.
[Amended 2-23-2004 by Ord. No. 04-4]
(b)
Residential final major subdivision plat escrow fees shall be
the same as the escrow fees paid for a residential preliminary major
subdivision plat.
[Amended 2-23-2004 by Ord. No. 04-4]
(c)
Any final major subdivision application involving both of the
above escrow categories shall deposit cumulative escrow amounts.
(d)
Any application filed for simultaneous preliminary and final
major subdivision approval shall deposit an escrow amount based on
the total of the respective escrow category for both a preliminary
major subdivision application and a final major subdivision application.
H. Revised minor, preliminary and/or final subdivisions. Any proposed
revisions to a minor subdivision or preliminary and/or final major
subdivision, 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 and 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 a significant
change in the design of the subdivision, an application fee equal
to 1/2 the application fee required for the initial 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 fees and escrow funds as set forth in this
subsection for new applications for development.
I. Requests for extensions to post-performance guarantee: fee as set forth in Chapter
135, Fees, per extension.
[Amended 1-26-2011 by Ord. No. 2011-01]
J. Requests for extensions of major subdivision approval: fee as set forth in Chapter
135, Fees, per extension.
[Amended 1-26-2011 by Ord. No. 2011-01]
K. Zoning permit: fee as set forth in Chapter
135, Fees, per permit.
L. Special meeting fees. Fees for special meetings shall be in accordance with those established in §
295-39Q in the zoning chapter.
M. Subdivision inspection fees. The required subdivision 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 and in accordance with the inspection fee schedule established in §
295-39R in the zoning chapter.
N. Tax Map revision fees.
(1) Upon
receipt of subdivision approval, the applicant shall be required to
post with the Township Clerk an amount equal to the estimated cost
of revising the Municipal Tax Map to reflect such approval. Such costs
shall be based upon an estimate prepared by the Township Engineer.
No construction permit shall be issued in connection with such subdivision
approval unless such cost shall have been posted with the Township
Clerk in accordance with this subsection. The amount posted by the
applicant shall be placed by the Township in an escrow account, and
that portion of the estimated cost which remains unused after the
Tax Map has been revised shall be refunded to the applicant. As to
every subdivision approved, it shall be the responsibility of the
applicant to provide a reduced scale map of the subdivision to the
same scale as the Township Tax Map.
(2) Any
person or entity seeking to file a deed of consolidation necessitating
a revision to the Eagleswood Township Tax Map shall deposit with the
Eagleswood Township Municipal Clerk an escrow fee in the amount of
$500, which funds are to be used by the Township Engineer in effectuating
the change to the Tax Map based upon the deed of consolidation. The
Tax Assessor will not designate the property with a new lot and block
until such time as the escrow fee has been paid and acknowledged by
the Municipal Clerk.
[Added 9-24-2014 by Ord.
No. 2014-06]
O. Subdivision inspection fees. The required subdivision inspection
fees shall be paid to the Land Use Board Secretary prior to the commencement
of any construction related to the subdivision improvements. Such
fees shall be based upon 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.
[Added 7-18-1996 by Ord. No. 96-13]
P. Environmental Commission review. Any application which the Land Use Board determines to provide to the Environmental Commission for its review shall require an additional application fee as set forth in Chapter
135, Fees.
[Added 3-28-2005 by Ord. No. 2005-3; amended 1-26-2011 by Ord. No.
2011-01]
Q. Educational fees.
[Added 11-27-2006 by Ord. No. 2006-19; amended 1-26-2011 by Ord. No.
2011-01]
(1) All applicants submitting an application to the Land Use Board for review shall pay a fee 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
Q(2) below.
(2) Exemptions to education fees.
(b)
Charitable, philanthropic, fraternal 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)].