[Amended by Ord. No. 28-1988; Ord. No. 19-1989]
A. Prior to the subdivision or resubdivision of land and prior to the issuance of a conditional use permit, construction permit, zoning permit or certificate of occupancy for any development, an application shall be submitted to and approved by the Planning Board in accordance with the requirements of this article, except that subdivision or individual lot applications for detached one- or two-family dwelling unit buildings shall be exempt from site plan review and approval. In the event the subdivision or site plan application requires action by the Board of Adjustment as provided in this chapter, said application shall be submitted to and processed by said Board, which shall act to the same extent and subject to the same restrictions as the Planning Board as set forth in this article. In accordance with §
170-94E(6), site plan approval shall be required for any change in use of land or an existing building involving different use categories enumerated in §
170-94E where the new use category requires a greater number of off-street parking spaces.
B. An application for a conditional use, subdivision
or site plan or variance approval by the Planning Board shall be filed
with the administrative officer at least two weeks prior to a regular
meeting of the Planning Board. Any application for any requested action
by the Board of Adjustment shall be filed with the administrative
officer at least three weeks prior to a regular meeting of the Board
of Adjustment.
C. Said application for conditional use, subdivision
or site plan shall be made in triplicate on forms available from the
administrative officer and shall be accompanied by the required filing
fee and 15 blue- or black-on-white prints of the subdivision plat
or site plan and 15 copies of any other required documents and improvement
plans. An application for final subdivision approval shall also be
accompanied by the original tracing. An application for variance approval
only shall be made on forms available from the administrative officer
and shall be accompanied by the required filing fees and 12 copies
of the survey indicating all existing and proposed buildings and structures
with all front, rear and side yard dimensions and 12 sets of building
plans, either bearing the seal of a licensed New Jersey architect
or certified as having been prepared by the homeowner for his/her
own use and occupancy.
D. The application shall be accompanied by all required fees as established by Article
VII to cover the technical, investigative and administrative expenses involved in processing the application.
E. If the application for development is found to be
incomplete by the Planning Director, the developer shall be notified
thereof within 45 days of submission of such application, or it shall
be deemed to be properly submitted.
At the request of the developer, the Planning
Board shall grant an informal review of a concept plan for a development
for which the developer intends to prepare and submit an application
for development. This step is optional and is recommended by the Planning
Board. The concept plan is designed to enable the Planning Board and
the applicant to discuss and evaluate principles and potential problems
involved before the applicant has gone to the expense of completing
detailed engineering drawings as required for further processing of
the development application. The developer shall not be bound by any
concept plan for which review is requested, and the Planning Board
shall not be bound by any such review.
[Amended by Ord. No. 7-1992]
A. Prior to the subdividing or resubdividing of any land within the Township which is herein defined as a minor subdivision, a minor subdivision application shall be filed in accordance with §
170-61 above and shall contain all data and information required in §
170-71B.
B. If classified and approved as a minor subdivision,
a notation to that effect will be made on the minor subdivision plat.
Said approval shall be noted in the minutes of the Planning Board.
The Chairman and Secretary of the Planning Board shall sign the approved
minor subdivision plat, and said approval shall be deemed to be final
approval. Said minor subdivision, after approval, shall be returned
to the developer within one week following the signing of said plat
by the Chairman and Secretary.
C. Except as provided in Subsection
F of this section, approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless, within such period, a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Township Engineer and Township Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may accept a plat not in conformity with the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., provided that, if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform to the provisions of said law.
D. The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor subdivision approval
was granted, shall not be changed for a period of two years after
the date on which the resolution of minor subdivision approval is
adopted, provided that the approved minor subdivision shall have been
duly recorded as provided in this section.
E. If the application for a minor subdivision is classified
as a major subdivision, the developer will be so notified. No further
Planning Board action on the application shall be required, and the
developer shall follow the procedures contained herein for processing
approval of a preliminary and final plat of a major subdivision.
F. The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection
C of this section if the developer proves to the reasonable satisfaction of the Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and that the developer 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 Planning Board. The developer may apply for the extension either before or after what would otherwise by the expiration date.
G. The Planning Board shall grant an extension of minor
subdivision approval for a period determined by the Board but not
exceeding one year from what would otherwise be the expiration date,
if the developer proves to the reasonable satisfaction of the Board
that the developer was barred or prevented, directly or indirectly,
from proceeding with the development because of delays in obtaining
legally required approvals from other governmental entities and that
the developer applied promptly for and diligently pursued the required
approvals. A developer shall apply for such extension before what
would otherwise be the expiration date of minor subdivision approval
or the 91st day after the developer receives the last legally required
approval from other governmental entities, whichever occurs later.
[Added 9-5-2006 by Ord. No. 33-2006]
A. A minor site plan application shall be filed in accordance with §
170-61 above and shall contain all data and information required in §
170-71E. Minor site plan approval, with or without conditions, shall be deemed to be final approval of the site plan.
B. Minor site plan approval shall be granted or denied
within 45 days of the date of submission of a complete application
to the administrative officer, or within such further time as may
be consented to by the applicant. Failure of the Planning Board to
act within the period prescribed shall constitute minor site plan
approval.
C. 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 Planning Board shall condition any approval
that it grants upon timely receipt of a favorable report on the application
by the county planning board or approval by the county planning board
by its failure to report thereon within the required time period.
D. 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. The Planning Board shall grant
an extension of this period for a period determined by the Board but
not exceeding one year from what would otherwise be the expiration
date, if the developer proves, to the reasonable satisfaction of the
Board, that the developer was barred or prevented, directly or indirectly,
from proceeding with the development because of delays in obtaining
legally required approvals from other governmental entities and that
the developer applied promptly for and diligently pursued the approvals.
A developer shall apply for this extension before: what would otherwise
be the expiration date; or the 91st day after the date on which the
developer receives the last of the legally required approvals from
other governmental entities, whichever occurs later.
[Amended by Ord. No. 7-1992]
A. Any application for approval of a preliminary plat or preliminary site plan shall be filed in accordance with §
170-61 and shall contain all information as required in §
170-71C or
E, as the case may be. The application will be forwarded to the Planning Board or Board of Adjustment for processing as herein required. The Planning Director shall report to the Planning Board on all subdivision and site plan applications.
B. If the Planning Director processing an application finds that said application is in substantial compliance with the provisions of this chapter, he shall so report to the Board, and the Planning Board shall schedule a hearing on the application pursuant to Article
VI of this chapter. If the application is found to be not in compliance, he shall so inform the developer within 45 days of submission and shall require the filing of an amended application which shall be processed as in the case of the original application.
C. If the Planning Board requires any substantial amendment
in the layout of improvements proposed by the developer that have
been the subject of the hearing, an amended application shall be submitted
and processed upon, as in the case of the original application. After
the Planning Board is satisfied that the proposed application, together
with any conditions as imposed by the Board, meets all of the conditions
of this chapter, it shall grant preliminary approval.
D. Preliminary approval shall, except as provided in Subsection
D(4), confer upon the developer or the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:
(1) That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to §
170-72B, except that nothing herein shall be construed to prevent the Township from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
(2) That the developer may submit for final approval on
or before the expiration date of preliminary approval the whole or
a section or sections of the preliminary subdivision plat or site
plan, as the case may be.
(3) That the developer may apply for and the Planning
Board may grant extensions of such preliminary approval for additional
periods of at least one year, but not to exceed a total extension
of two years, provided that if the design standards have been revised
by ordinance, such revised standards may govern.
(4) In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection
D(1),
(2) and
(3) above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units arid nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the Planning Board may thereafter grant an extension of preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
(5) Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection
D(3) or
(4) and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(6) The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of preliminary approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection
D(3) or
(4) above.
[Amended by Ord. No. 7-1992]
A. Prior to the filing of an application for final subdivision
approval, the developer shall have installed the improvements as herein
required under the supervision and inspection of the Township Engineer,
except that the Planning Board may accept performance guaranties to
assure the installation of only the following improvements:
(1) Pavement surface course consisting of bituminous concrete
1 1/2 inches in compacted thickness.
B. All on-tract improvements for site plans, as required in §
170-72B, shall be installed prior to the issuance of a certificate of occupancy; provided, however, that due to inclement weather, an owner may defer installing all required improvements for a period not to exceed six months from the time the certificate of occupancy is issued, provided that a performance guaranty in an amount satisfactory to the Township Council is posted with the Township prior to the issuance of said certificate of occupancy.
C. No such performance guaranty shall be accepted unless
and until the Township Engineer shall have certified to the Planning
Board the accuracy of the description of the improvements to be made
and the sufficiency of the amount thereof to assure completion of
improvements and the Township Attorney shall have approved the form
and sufficiency of the execution thereof. The performance guaranty
shall state the time period within which all improvements are to be
installed by the developer.
D. The cost of the installation of improvements for the
purposes of determining the amount of a performance guaranty shall
be estimated by the Township Engineer based on documented construction
costs for public improvement prevailing in the general area of the
Township. The developer may appeal the Township Engineer's estimate
to the Township Council. The Township Council shall decide the appeal
within 45 days of receipt of the appeal, in writing, by the Township
Clerk. After the developer posts a guaranty with the Township based
on the cost of the installation of improvements as determined by the
Township Council, he may institute legal action within one year of
the posting in order to preserve the right to a judicial determination
as to the fairness and reasonableness of the amount of the guaranty.
[Amended by Ord. No. 7-1992]
A. The performance guaranty for the installation of those improvements required shall be in favor of the Township in an amount equal to 120% of the cost of such improvements, as determined pursuant to §
170-66D, subject to the following:
(1) At least 10% of the performance guaranty shall be
in the form of cash or a certified check made payable to the Township.
A developer may, at his option, provide more than 10% of the performance
guaranty in cash.
(2) In lieu of a surety bond, a performance guaranty may
be in the form of an irrevocable letter of credit if it:
(a)
Constitutes an unconditional payment obligation of the issuer running solely to the Township for an express initial period of time in the amount determined pursuant to §
170-66D;
(b)
Is issued by a banking or savings institution
authorized to do and doing business in this state;
(c)
Is for a period of time of at least one year;
and
(d)
Permits the Township to draw upon the letter
of credit if the obligor fails to furnish another letter of credit
which complies with the provisions of this subsection 30 days or more
in advance of the expiration date of the letter of credit or such
longer period in advance thereof as is stated in the letter of credit.
(3) The Township Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guaranty in accordance with §
170-66D, which itemized cost estimate shall be appended to each performance guaranty posted by the obligor.
B. The performance guaranty shall secure performance within a term not to exceed 18 months from the date of final approval. With the consent of the principal, the performance guaranty may be extended by the Township Council after the recommendation by the Planning Board, by resolution, for an additional period not exceeding 18 months. As a condition or a part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of installation of the improvements as determined by the Township Engineer according to the method of calculation set forth in §
170-66D as of the time of the passage of the resolution.
C. The amount of the performance guaranty may be reduced
by the Township Council, by resolution, when portions of the improvements
have been certified by the Township Engineer to have been completed.
D. If the required improvements are not completed or
corrected in accordance with the performance guaranty, the obligor
and surety, if any, shall be liable thereon to the Township for the
reasonable cost of the improvements not completed or corrected, and
the Township may, either prior to or after the receipt of the proceeds
thereof, complete such improvements. Such completion or correction
of improvements shall be subject to the public bidding requirements
of the Local Public Contracts law, N.J.S.A. 40A:11-1 et seq.
E. Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements and the connection of the same to the public system, the obligor may request of the Township Council, in writing, by certified mail addressed in care of the Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared pursuant to §
170-66D and appended to the performance guaranty pursuant to §
170-67A, a list of all uncompleted or unsatisfactorily completed improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon, the Township Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Township Council and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request. The list prepared by the Township Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of and remedy for the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guaranty relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared in accordance with §
170-66D and appended to the performance guaranty pursuant to §
170-67A.
F. The Township Council, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Township Engineer or reject any or all of those improvements upon the establishment in the resolution of cause for rejection and shall approve and authorize the amount of reduction to be made in the performance guaranty relating to the improvements accepted, in accordance with the itemized cost estimate prepared in accordance with §
170-66D and appended to the performance guaranty pursuant to §
170-67A. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Council, the obligor shall be released from all liability pursuant to its performance guaranty with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion and acceptability of all improvements. If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection
E of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Township Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party. If the Township Council fails to approve or reject the improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guaranty for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guaranty for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared in accordance with §
170-66D and appended to the performance guaranty pursuant to §
170-67A; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party. In the event that the obligor has made a cash deposit with the Township as part of the performance guaranty, then any partial reduction granted in the performance guaranty pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guaranty.
G. If any portion of the required improvements is rejected,
the Township Council may require the obligor to complete or correct
such improvements, and, upon completion or correction, the same procedure
of notification, as set forth in this section, shall be followed.
[Amended by Ord. No. 7-1992]
A. A maintenance guaranty shall be posted with the Township Council for a period not to exceed two years after final acceptance of the improvements in an amount not to exceed 15% of the cost of the improvements as determined in accordance with §
170-66D. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Township for such utilities or improvements.
B. The Township Engineer shall review the maintenance
guaranty. It shall be reviewed by the Township Attorney as to form,
sufficiency and execution and approved by the Township Council.
C. In lieu of a surety bond, a maintenance guaranty may, at the developer's option, be in cash or in the form of a letter of credit, subject to the requirements of §
170-67A(2).
[Amended by Ord. No. 7-1992]
A. Application for approval of a final plat or a final site plan shall be filed in accordance with §
170-61 and shall contain all the information prescribed in §
170-71D or
G, as the case may be. Said application shall be filed within the period prescribed in §
170-61B and may be for the whole or a section or sections of the preliminary plat or site plan, as the case may be. The application will be forwarded to the Planning Board or Board of Adjustment for processing as herein required. The Planning Director shall report to the Planning Board on all subdivision applications and site plan applications, respectively.
B. If the Planning Director processing an application finds that said application is in compliance with the general terms and conditions of the preliminary approval of said application, he shall so report to the Board, and the Board shall schedule a hearing on the application pursuant to Article
VI of this chapter. If the application is found to be deficient in any respect, said Director shall so inform the developer within 45 days of submission and shall require the filing of an amended application, which shall be processed as in the case of the original application.
C. After the Planning Board or Board of Adjustment, as
the case may be, is satisfied that the proposed application, together
with any conditions as imposed by said Board, meets all the conditions
of preliminary approval, it shall grant final approval.
D. Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.3 in the
case of a subdivision, or N.J.S.A. 40:27-6.6, in the case of a site
plan, the Township Planning Board shall condition any approval that
it grants upon timely receipt of a favorable report on the application
by the County Planning Board or approval by the County Planning Board
by its failure to report thereon within the required time period.
E. If final approval is granted, copies of the plat or
site plan shall be signed by the Chairman and Secretary of the Board
granting said approval and copies shall be furnished by the applicant
so that the Secretary shall file the approved plans with the following:
(1) The Township Clerk: one black-on-white print.
(2) The Township Engineer: two translucent Mylars, two
cloth prints and three black-on-white prints.
(3) The Construction Official: one black-on-white print.
(4) The Assessor: one black-on-white print.
(5) The Planning Board: one black-on-white print.
F. The effect of final approval shall be as follows:
(1) The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 170-57D, whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted, provided that in the case of a major subdivision, the rights conferred by this subsection shall expire if the plat has not been duly recorded within the time period provided in Subsection
G of this section. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in Subsection
G of this section, the Planning Board may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of the chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 170-57D for the section granted final approval.
(2) In case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in Subsection
F(1) of this section for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
(3) Whenever the Planning Board grants an extension of final approval pursuant to Subsection
F(1) or
(2) of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(4) The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection
F(1) or
(2) of this section.
G. 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 developer with the county
recording officer. The 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 Planning Board may
extend the ninety-five-day or one-hundred-ninety-day period if the
developer proves to the reasonable satisfaction of the Planning Board
that the developer was barred or prevented, directly or indirectly,
from filing because of delays in obtaining legally required approvals
from other governmental or quasi-governmental entities and that the
developer 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 Planning Board. The developer may apply for an extension either
before or after the original expiration date.
H. No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to N.J.S.A. 40:55D-56. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guaranties required pursuant to §
170-66. If the county recording officer records any plat without such approval, such recording shall be deemed null and void.
I. Nothing contained in this chapter shall be construed
to permit the issuance of a construction permit on any lot in a subdivision
or on any lot requiring site plan approval until final approval as
heretofore required is granted by the Planning Board or Board of Adjustment
as the case may be and properly filed by the county recording officer
as herein required.
[Amended by Ord. No. 20-1989; 5-5-2008 by Ord. No.
9-2008; 11-7-2011 by Ord. No. 31-20111-27-2020 by Ord. No. 2-2020]
A. Concept plan. The concept plan for any application for development
shall be based on Tax Map information or some other similarly accurate
information and shall be drawn by a New Jersey licensed professional
engineer, land surveyor, architect, professional planner or landscape
architect, as required by the New Jersey Administrative Code, and
shall show the name and address of the preparer and the following
information:
(1) Concept plan for a subdivision:
(a)
The location of that portion which is to be subdivided in relation
to the entire tract.
(b)
All existing structures and wooded areas within the portion
to be subdivided and within 200 feet thereof.
(c)
The names of the applicant(s) and owner(s) and the names and
addresses of all adjoining property owners as disclosed by the most
recent Township tax records.
(d)
The Tax Map block(s) and lot numbers and zone district(s).
(e)
All streets or roads and streams within 500 feet of the subdivision.
(f)
The original and proposed lot layout, lot dimensions and total
area of each lot.
(g)
Existing contours at sufficient intervals to determine the general
slope and natural features and drainage of the tract.
(h)
The scale and reference meridian with North arrow.
(2) Concept plan for a site plan:
(a)
The name(s), title(s) and address(es) of the applicant(s) and
owner(s) and the names and addresses of all adjoining property owners
as disclosed by the most recent Township tax records.
(b)
A key map indicating, at a scale not greater than one inch equals
1,000 feet, the general location of the site and zone district and
showing street locations, lot lines, zoning district boundaries and
municipal boundaries within 500 feet of the site.
(d)
A site illustration, indicating with sufficient accuracy all
boundaries of the site with natural features of the land and showing
all developed, undeveloped and to-be-developed portions. The illustration
shall convey the development scheme, including all buildings, circulation,
parking and landscaping, whether existing or proposed.
(e)
An evaluation statement, consisting of a general description
of the intended project and an assessment of its anticipated broad
impact on the neighborhood, the community and the environment, including
but not necessarily limited to considerations of land use, visual
qualities, traffic, drainage, utilities and natural resources.
(f)
Preliminary architectural plans.
B. Minor subdivision plat. The minor subdivision plat shall be drawn
by a licensed New Jersey professional engineer or land surveyor as
required by the New Jersey Administrative Code and shall be based
on Tax Map information or some other similarly accurate base, at a
scale of not more than one inch equals 50 feet, and shall show or
include the following information:
(1) The location of that portion which is to be subdivided in relation
to the entire tract.
(2) All existing structures, wooded areas and wetlands on the tract.
(3) The name(s) and address(es) of the owner(s) and the names of all
adjoining property owners, as disclosed by the most recent Township
tax records.
(4) The Tax Map sheet, block and lot number of the property to be subdivided.
(5) The original and proposed lot layout, lot dimensions, total area
of each lot, and metes and bounds description for each lot within
the subdivision.
(6) Topographic data if steep slopes or other physical conditions of
the land are likely to result in drainage problems or otherwise cause
concern in connection with the future development of the property.
(7) The name and address of the person preparing the map, the scale,
reference meridian and North arrow.
(8) Present zoning districts of the property to be subdivided and of
adjoining properties.
(9) Certification from the Township Tax Collector that no taxes, or assessments
for local improvements, are due or delinquent.
(10)
Soil erosion and sediment control plan if required in accordance
with N.J.S.A. 4:24-39 et seq. or successor legislation. Said plan
shall be submitted to the Soil Conservation District in accordance
with said statute, and approval of the application shall be conditioned
upon certification of the soil erosion and sediment control plan by
the district.
(11)
A key map showing the proposed minor subdivision and its relation
to surrounding areas within 500 feet of the extreme limits thereof.
(12)
All improvements abutting the subject property, such as street
pavement, curbs, sidewalks, sanitary and storm sewers, waterlines,
electric lines, gas lines and television and telephone cables.
(13)
If the applicant is a corporation or a partnership, the application
form shall list the names and addresses of all stockholders or individual
partners owning at least 10% of its stock of any class or at least
10% of the interest in the partnership, as the case may be.
(14)
Copies of any pending or approved application for a tree removal permit, and all related plans or drawings, as required in Chapter
306, Trees, of the Code of the Township of Livingston.
C. Preliminary plat. The preliminary plat shall be prepared by a licensed
New Jersey licensed architect, professional engineer, land surveyor
or professional planner, at a scale of not more than 100 feet to the
inch. The plat shall show or be accompanied by sufficient information
to establish the design, arrangement and dimensions of streets, lots
and other planned features as to form, size and location. This information
shall form the basis for the general terms and conditions upon which
preliminary approval may be granted and shall include:
(1) A key map showing the entire subdivision and its relation to surrounding
areas within 500 feet of the extreme limits thereof.
(2) The proposed name of the subdivision. The name shall not duplicate,
be the same in spelling or alike in pronunciation with any other recorded
subdivision, except that plats of portions of a larger subdivision
may bear the same name if the several portions are consecutively numbered
by section.
(3) The name and address of the person who prepared the plat, the date
of its preparation, the scale thereof and the reference meridian and
a North arrow.
(4) The Tax Map block and lot numbers.
(5) The present zoning district(s) within which the subdivision and adjoining
properties are located.
(6) The name and address of the record owner(s), along with certification
that the applicant is the owner of the land or his authorized agent
or that the owner has given consent under an option agreement, giving
names and addresses of both.
(7) If the applicant is a corporation or a partnership, the application
form shall list the names and addresses of all stockholders or individual
partners owning at least 10% of its stock of any class or at least
10% of the interest in the partnership, as the case may be.
(8) The names of adjacent subdivisions, if any, and of the owners of
adjoining parcels of unsubdivided land.
(9) The acreage of the tract to be subdivided to the nearest 1/10 acre.
(10)
Certification from the Township Tax Collector that no taxes,
or assessments for local improvements, are due or delinquent on the
subject property.
(11)
Existing contours with intervals of not more than five feet
where the slope is greater than 10%, and not more than two feet where
the slope is less than 10%. Elevations are to be based on sea level
datum. Inquiry respecting such datum shall first be made at the office
of the Township Engineer.
(12)
The location of and principal dimensions for all proposed streets,
sidewalks, alleys, rights-of-way, easements, lot lines, drainage rights-of-way
and areas to be reserved for public use.
(13)
Plans for utility systems such as water, gas, storm and sanitary
sewers, telephone, cable and electricity, if underground, and showing
location of poles where telephone, cable and electric service are
overhead. Connections to existing or proposed utility systems should
be shown.
(14)
Plans and profiles of all proposed streets and sidewalks within
the subdivision, and profiles of existing or future continuing streets,
a minimum distance of 200 feet beyond the subdivision boundaries.
The central angle of all arcs and curves along all street lines shall
be shown.
(15)
A copy of any protective covenants or deed restrictions applying
to land being subdivided.
(16)
A soil erosion and sediment control plan, if required in accordance
with N.J.S.A. 4:24-39 et seq. or successor legislation. Said plan
shall be submitted to the Soil Conservation District in accordance
with said statute, and approval of the application shall be conditioned
upon certification of the soil erosion and sediment control plan by
the district.
(17)
A map showing the entire drainage area and the drainage area
contributing to each pertinent drainage structure along with drainage
tabulation sheets showing calculations for each drainage area. Each
drainage area shall be marked for identification purposes.
(18)
The location, widths and names of existing or platted streets,
railroad rights-of-way, permanent buildings, easements, watercourses,
bridges, culverts and school park and playground sites.
(19)
A statement setting forth:
(a)
The proposed use of lots, stating the type of residential buildings
with the number of proposed dwelling units.
(b)
The type of business or industry, so as to reveal the effect
of the development on traffic, fire hazards or congestion of population.
(c)
The source of water supply.
(d)
Provisions for sewage disposal, drainage and flood control.
(20)
An environmental impact statement as required in Chapter
130, Environmental Impact Statement, of the Code of the Township of Livingston.
(21)
A stormwater management plan as required by Article
XIII of this chapter.
(22)
Copies of any pending or approved application for a tree removal permit, and all related plans or drawings, as required in Chapter
306, Trees, of the Code of the Township of Livingston.
D. Final plat. The final plat shall be drawn in ink on tracing cloth
or Mylar at a scale of not more than 50 feet to the inch and shall
be in compliance with all provisions of N.J.S.A. 46:23-9.9 et seq.
or successor legislation. The final plat shall show or be accompanied
by the following:
(2) The name of the subdivision.
(3) A key map showing the proposed final plat and its relation to surrounding
areas within 500 feet of the extreme limits thereof.
(4) Minimum building setback lines on all lots.
(5) The location and description of all monuments.
(6) Certification by an engineer and surveyor as to the accuracy of details
on the plat.
(7) When approval of a plat is required by an officer or body of the
Township, county or state, approval shall be certified on the plat.
(8) The Township Engineer's statement confirming receipt of a map showing
all utilities in exact location and elevation identifying those portions
already installed and those to be installed, and that the developer
has installed all improvements in accordance with the requirements
of these regulations, or a statement by the Township Clerk that proper
performance guaranties have been posted with the Township Council.
Said performance guaranties shall be based on a detailed written estimate
prepared by the Township Engineer showing the estimated cost of installation
of all required improvements.
E. Minor site plan. The minor site plan shall be drawn at a scale of
not less than one inch equals 50 feet and shall include such details
as may be necessary to properly evaluate the application and determine
compliance with this chapter. Such details shall include:
(1) Identification of the provision(s) of the minor site plan definition in Township Code §
170-3 under which approval is sought, with specificity as to the details proposed that meet that definition.
(2) The name(s), title(s) and address(es) of the applicant(s) and the
owner(s). If an applicant is a corporation or a partnership, the names
and addresses of all stockholders or individual partners owning at
least 10% of its stock of any class or at least 10% of the interest
in the partnership, as the case may be.
(3) The name, address, license number, signature and official seal of
the New Jersey professional engineer, land surveyor, architect, landscape
architect, or professional planner preparing the plans as required
by the New Jersey Administrative Code.
(4) A sheet index listing the drawings included within the site plan
set.
(5) A place for the signatures of the Township Engineer, Planning Board
Chairman and Planning Board Secretary.
(6) The date of preparation of the plans and the dates of all revisions.
(7) The scale of the site plan (not less than one inch equals 50 feet).
(8) Reference meridian and North arrow.
(9) The location of all structures within 100 feet of the site.
(10)
The name (if any) of the tract.
(11)
The Tax Map block and lot number(s) and the street address.
(12)
The area, in square feet and to 0.1 acre, of the site.
(13)
All lot line dimensions (bearings and distances).
(14)
A key map, at a scale of not greater than one inch equals 1,000
feet, showing street locations and names, lot lines, zoning district
boundaries and municipal boundaries within 500 feet of the site.
(15)
A zoning table showing the zone district bulk requirement (setbacks,
lot areas, lot widths, lot coverage, floor area ratios, number of
parking spaces, etc.) as applicable to the approval sought, existing
and proposed conditions.
(16)
Applicable to the approval sought: location and dimensions of
the site's driveways, driveway aprons, walkways/sidewalks, loading
spaces, curbs and driveway line of sight triangles.
(17)
Copies of any pending or approved application(s) for a tree removal permit, and all related plans or drawings, required in Chapter
306, Trees, of the Code of the Township of Livingston.
(18)
Certification from the Tax Collector that no taxes, or assessments
for local improvements, are due or delinquent on the subject property.
(19)
Wall or window signage or a comprehensive sign package.
(20)
The locations of all proposed signs.
(21)
Sign details: size, height above grade, materials, letter style
and size, colors, and type of any illumination.
(22)
The locations of signs to be on the building(s) shown on the
building elevations identified by compass direction and name of the
street faced.
(23)
All exterior lighting locations, heights, types and levels of
illumination.
(24)
Locations, materials, colors, and dimensions and illustrations
of any fences, or decorative or retaining walls, to be removed or
installed.
(25)
For any emergency generator: location, dimensions, type of fuel,
output in kw, ambient sound generation, testing schedule.
(26)
Photographs of any existing buildings or structures on the site.
(27)
A copy of any recommendations received from the Business Improvement
District.
F. Preliminary site plan. The preliminary site plan shall be drawn at
a scale of not less than one inch equals 50 feet and shall include
the Township Tax Map block and lot number(s) of the site, the meridian
reference and North arrow, and such details as may be necessary to
properly evaluate the application and determine compliance with this
chapter. Any site plan involving any new building or addition thereto
or any site improvements shall be drawn by a licensed New Jersey professional
engineer, architect or professional planner as required by the New
Jersey Administrative Code. Where applicable to the proposed use or
construction, the following information shall be clearly shown:
(1) The name(s) and title(s) of the applicant(s), the owner(s) and of
the person(s) preparing the area map. If an applicant is a corporation
or a partnership, the application form shall list the names and addresses
of all stockholders or individual partners owning at least 10% of
its stock of any class or at least 10% of the interest in the partnership,
as the case may be.
(2) The name, address, license number, signature and official seal of
the New Jersey licensed professional engineer, land surveyor, architect
or professional planner preparing the plans as required by the New
Jersey Administrative Code.
(3) Lists setting forth:
(a)
An index listing the drawings included within the site plan
set.
(b)
A list of block and lot numbers, street address, and the name(s)
of owners of all properties within 200 feet of the site.
(4) A place for the signatures of the Township Engineer, Planning Board
Chairman and Planning Board Secretary.
(5) The date of preparation of the plans and the dates of all revisions.
(6) The location of all structures within 100 feet of the site.
(7) The name (if any) of the tract, the Township Tax Map block and lot
number(s) and the street address.
(8) The area, in square feet and to 0.1 acre, of the site.
(9) All lot line dimensions (bearings and distances), all abutting streets.
(10)
A key map, at a scale of not greater than one inch equals 1,000
feet, showing street locations and names, lot lines, zoning district
boundaries and municipal boundaries within 500 feet of the site, and
the border of the area within 200 feet in which notice must be served.
(11)
A zoning table with separate columns showing the zoning district
bulk requirements (setbacks, lot areas, lot widths, lot coverage,
floor area ratios, number of parking spaces, etc.) existing and proposed
conditions, and whether (and if so what) variances are requested.
The parking spaces information shall be shown in schedule form.
(12)
Location and dimensions of the site's off-street parking area(s),
driveways, driveway aprons, walkways/sidewalks, parking spaces, loading
spaces, driveway line of sight triangles, barrier-free pedestrian
routes, the properly screened trash, refuse and recycling pickup area.
(13)
Location of all present and proposed buildings, structures and
off-street parking areas, and their setback distances and vehicular
and pedestrian circulation patterns.
(14)
General description of the use(s) of each building, building
dimensions, square gross floor area (GFA) and net floor area (NFA)
by use for each floor.
(15)
Location, and specifications for, all surface paving and curbing;
including asphalt, concrete, brick, stone, pavers, or artificial materials.
(16)
Location and classification of all watercourses, water bodies,
wetlands, buffer(s), transition area(s), floodway(s), flood plain(s),
and flood hazard area(s) as per NJDEP or Township standards.
(17)
Copies of all environmental permits or approvals, letters of
interpretation (LOI) obtained, copies of any denials; and copies and
status of all applications pending.
(18)
Description and location of all easements, covenants, deed restrictions
or encumbrances that may affect the premises; and all rights-of-way,
easements or lands to be dedicated to the Township.
(19)
Location, dimensions and materials of all fences, retaining
or decorative walls, or similar man-made features to remain, be removed
or modified or provided; and illustrations or photographs of same.
(20)
A stormwater management plan; a map showing and identifying
the existing and proposed drainage areas, location of natural and
man-made drainage facilities on site and within 200 feet, location
and construction details of all catch basins and stormwater drainage
facilities, inlets, pipes, swales, berms, and stormwater detention,
retention or treatment facilities; drainage calculations and tabulation
sheets.
(21)
Location, type and connections of all present and proposed utilities,
including electric, gas, telephone and cable lines, water mains, sanitary
sewer lines or systems, water wells, and pumping stations.
(22)
A soil erosion and sediment control plan if required.
(23)
Existing and proposed contours, at two-foot intervals, for the
entire site and for 100 feet outside the site; however, if only a
portion of the site is being developed the contours need only be shown
for that portion and 100 feet beyond.
(24)
Spot and finished elevations at all site corners, corners of
all proposed buildings, paved areas, and other points where contours
do not adequately define the elevation of the point.
(25)
Location of all slopes greater than 15%.
(26)
Location of all existing and proposed signs and the details
such as nature of construction, dimensions, height above grade, letter
style, materials, colors, and type, direction and lumen power of any
illumination.
(27)
All building exterior lighting, with location, direction and
area of illumination and strength, including on adjacent property,
expressed in footcandles.
(28)
Details of parking area and other lighting fixtures or standards
and a schedule showing type, dimensions, height above grade, letter
style, materials, colors, type, direction and area of illumination
and strength, including on adjacent property, expressed in footcandles.
(29)
Landscaping plan with location, size and types of plantings
to be preserved or provided on the entire site.
(30)
Copies of any pending or approved application(s) for a tree removal permit, and all related plans or drawings as required in Chapter
306, Trees, of the Code of the Township of Livingston.
(31)
An environmental impact statement as required by Chapter
130, Environmental Impact Statement, of the Township Code.
(32)
A recycling plan that will make provisions for the collection and disposition of recyclable materials as required in Chapter
232, Recycling. This required plan shall not only show in specific detail on the site plan where aluminum, glass, newspapers, other recyclables and nonrecyclable material will be separated and collected on site, but shall also be accompanied by a program in narrative form. This narrative of the proposed recycling program for the site shall address who is responsible for the separation and collection of all recyclable materials and the method of disposing all recycling materials on site.
(33)
Building front, rear and side elevations, drawn at a scale of
not less than 1/8 inch to one foot by a licensed architect, showing
materials, colors, heights, and stating any differences from other
buildings on the site. Each elevation shall identify any street(s)
that it faces and shall indicate whether it faces north, east, south
or west.
(34)
Floor plans showing uses, for each building subject of the application,
drawn at a scale of not less than 1/8 inch to one foot by a licensed
architect.
(35)
Photographs of existing buildings on the site; annotated with
height(s) of the building(s).
(36)
Any recommendations from the Business Improvement District.
(37)
Statement of compliance with, or request for exception from,
applicable requirements of the State Residential Site Improvement
Standards.
(38)
Certification from the Township Tax Collector that no taxes,
or assessments for local improvements, are due or delinquent on the
subject property.
G. Final site plan. The final site plan shall be drawn in the same manner
as the preliminary site plan and shall include all those details required
for the preliminary site plan. In addition, the final site plan shall
show or include the following:
(1) Final contours of the property and for 100 feet outside the property
at two-foot intervals when new buildings or parking areas or resurfacing
of existing parking areas are proposed. If only a portion of the property
is being developed, contours need only be shown for said portion and
100 feet beyond.
(2) Final building floor plans and front, rear and side building elevations,
showing building materials.
(3) The location, type and size of existing and proposed catch basins,
storm drainage facilities and all utilities, both above- and below-ground.
(4) The location, size and nature of all existing and proposed rights-of-way,
easements and other encumbrances that may affect the premises in question
and the location, size and description of any lands contemplated to
be dedicated to the Township.
(5) The location, size and nature of the entire property in question
and any contiguous property owned by the developer or in which the
developer has a direct or indirect interest, even though only a portion
of the entire property is involved in the site plan for which approval
is sought; provided, however, that where it is physically impossible
to show such entire property or contiguous property or properties
on one map, a key map thereof shall be submitted.
(6) A recycling plan which will make provisions for the collection and disposition of recyclable materials as required in Chapter
232, Recycling. This required plan shall not only show in specific detail on the site plan where aluminum, glass, newspapers, other recyclables and nonrecyclable material will be separated and collected on site but shall also be accompanied by a program in narrative form. This narrative of the proposed recycling program for the site shall address who is responsible for the separation and collection of all recyclable materials and the method of disposing all recycling materials on site.
(7) Copies of any pending or approved application(s) for a tree removal permit, and all related plans or drawings as required in Chapter
306, Trees, of the Code of the Township of Livingston.
(8) Certification from the Township Tax Collector that no taxes, or assessments
for local improvements, are due or delinquent on the subject property.
H. Deviation from or interpretation of provisions of the Livingston
Center Redevelopment Plan. An application to deviate from, or seeking
an interpretation of the provisions of, the Livingston Center Redevelopment
Plan must include the following:
(1) Two copies, with original signatures, of the completed:
(a)
Application to the Planning Board to deviate from or interpret
provisions of the Livingston Center Redevelopment Plan; and
(b)
Declaration of applicable provisions.
(2) Two copies of a current survey and two copies of a survey with the
proposed building(s) and structure(s) or other change(s) drawn to
scale with all setbacks from all property lines.
(3) Two sets of building plans either bearing the seal of a licensed
New Jersey architect who prepared the plans or certified as having
been prepared by the homeowner for his or her own use or occupancy.
(4) After the application has been reviewed and deemed complete, 10 additional
copies of the application and each of the surveys and plans.
(5) Certification from the Township Tax Collector that no taxes or assessments
for local improvements are due or delinquent.
(6) The name(s) and title(s) of the applicant(s) and owner(s). If an
applicant is a corporation or a partnership, the application form
shall list the names and addresses of all stockholders or individual
partners owning at least 10% of its stock of any class or at least
10% of the interest in the partnership, as the case may be.
(7) Fees and deposits as stipulated in §
170-52 of this chapter for site plans, variances and interpretations.
I. Application review. Upon request by an applicant, the Planning Board may waive submission of specific information required by this §
170-71 to be submitted with an application when such information is not necessary for proper evaluation of the application. Absent such a waiver, failure to provide required information shall be a factor in determining whether an application is complete.
The rules, regulations and standards as set forth in this article shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township of Livingston. Any action taken by the Planning Board under the terms of this article shall give primary consideration to the above-mentioned matters and to the health, safety and welfare of the entire community. However, if the applicant or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one or more of these subdivision or site plan regulations shall exact undue hardship, the Planning Board may permit such deviation as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this article. The purpose of this section is to provide for deviation from the terms of this article and not from the terms of the zoning regulations of the Township as set forth in Articles
XI and
XII of this chapter. In making its findings, as required hereinbelow, the Planning Board shall take into account the nature of proposed work and the existing use of land in the vicinity, the effect of the proposed deviation on the Township Master Plan, the number of persons to reside or work in the proposed subdivision or on site and the probable effect of the proposed application upon traffic conditions in the vicinity. No deviation shall be granted unless the Planning Board finds that:
A. There are special circumstances or conditions affecting
such property such that the strict application of the provisions of
this article would deprive the applicant of the reasonable use of
his land.
B. The deviation is necessary for the preservation and
enjoyment of a substantial property right of the applicant.
C. The granting of the deviation will not be detrimental to the public health, safety and welfare or injurious to property in the area in which such property is situated. A petition for any such deviation shall be submitted in writing by the applicant at the time the application is submitted. The petition shall state fully the grounds upon which the application is made and the facts upon which the applicant relies for the relief requested. The petition shall be heard and acted upon by the Planning Board as a whole, but no application involving a deviation shall be approved before receipt of the County Planning Board's report thereon, if required, or the expiration of the period of time within which such report is required to be submitted. If the Planning Board deems the proposed deviation of a sufficiently serious nature, it may require additional public hearings to be held in accordance with Article
VI. If the Planning Board shall disapprove the proposed deviation, the reasons therefor shall be stated in its resolution, and the applicant shall remedy said application prior to further consideration by the Board.
[Added 6-25-2012 by Ord. No. 13-2012]
A. Conditions
precedent to Board resolution of approval becoming effective.
(1) A condition precedent is a condition in a Planning Board or Zoning
Board of Adjustment resolution approving an application for development,
which condition is specifically intended to be fulfilled before the
approval becomes effective.
(2) Whenever an application for development is approved by a Board subject
to any condition precedent, said approval shall lapse and become null
and void unless all conditions precedent are fulfilled within 190
days of the date of adoption of the resolution of approval; provided,
however, that the applicant may, for good cause shown, obtain an extension
either before or after the lapse of said one-hundred-ninety-day period
within the reasonable exercise of the Board’s discretion.
(3) The fulfillment of all the Board’s conditions precedent shall
forthwith be reported, in writing, by the applicant to the Board,
whose administrative officer may cause such reports to be verified
in an appropriate manner. Only upon such administrative officer’s
determination that all conditions precedent have been fulfilled shall
any subdivision map or site plan be signed by the appropriate officials
or any required building permit, occupancy permit or zoning permit
be issued.
B. Conditions
subsequent to resolution of approval becoming effective.
(1) Whenever any application for development is approved by a Board subject
to any conditions which by their terms are incapable of or are not
required to be fulfilled prior to the resolution of approval of the
application becoming effective, but are required to be fulfilled prior
to or during site preparation or construction and the performance
of such conditions is not guaranteed by bonds or security of any type,
failure to fulfill any such condition shall be grounds for the issuance
of a stop-work order by the Zoning Officer and the withholding of
any zoning permit, certificate of occupancy or any other approval
until such condition or conditions are fulfilled.
(2) Nothing herein contained shall be construed as preventing the Board
from granting, in its discretion, upon an ex parte application, an
extension of time for good cause shown.
C. Continuing
conditions.
(1) Whenever any application for development is approved subject to any condition which by its terms continues in force beyond completion of development or issuance of certificates of occupancy, and the performance of such conditions is not guaranteed by bonds or security of any type, any apparent failure to fulfill any such condition shall be grounds for investigation and enforcement by the Zoning Officer in the same manner and with the same authority as provided in §
170-137 of this chapter.
(2) If the Zoning Officer finds a failure to fulfill any such condition,
such official shall provide a notice of violation to the applicant
and to the property owner then in control or ownership of the property.
If the failure is not cured within 30 days of receipt of notice of
violation, or such additional time as the Township may expressly allow,
each and every day thereafter on which the failure continues shall
be deemed a separate and distinct offense in violation of this chapter,
and a summons and complaint shall then be issued against the person,
persons, entity or entities so notified.
(3) Any person or entity convicted in Municipal Court of an offense shall be subject to punishment as provided in §
1-7, General penalty, of Chapter
1 at the discretion of the Municipal Court Judge.