A.
No building or structure shall hereafter be used, occupied, constructed, moved, altered or repaired, nor shall any land be filled, cleared or graded, nor shall any watercourse be diverted, unless in conformity with the regulations of this chapter and Chapter 28, Zoning, of the Code of the Borough of Lincoln Park. The provisions of this article shall be applicable to all major, minor, preliminary and final subdivision, site plan, and conditional use applications, approvals or permits granted by the Planning Board, Zoning Board of Adjustment or governing body or zoning permits issued by the Administrative Officer.
B.
C.
All development review filing procedures shall be in accordance with
the provisions of this article.
A.
The Planning Board shall have exclusive jurisdiction over subdivisions,
site plans or conditional uses except as hereinafter provided.
B.
When reviewing applications for subdivision, site plan or conditional uses, the Planning Board shall also be authorized to grant variances and approve issuance of permits for buildings or structures pursuant to § 17-2.7H of this chapter.
C.
The Zoning Board of Adjustment shall have exclusive jurisdiction over the grant of a variance from the terms and provisions of Chapter 28, Zoning, of the Code of the Borough of Lincoln Park except as set forth above.
D.
When acting upon a use variance, the Zoning Board of Adjustment shall
have the power to grant subdivision, site plan or conditional use
approval pursuant to the provisions of this chapter.
E.
The municipal agency shall have the power to review and approve or
deny conditional uses or site plans simultaneously with a review for
subdivision approval without the developer being required to make
further application or the municipal agency being required to hold
further hearings. The longest time period for action by the municipal
agency (beyond which a development proposal shall be deemed approved),
whether for subdivision, conditional use or site plan approval, shall
apply. Whenever approval of a conditional use is requested by the
developer in conjunction with a site plan or subdivision, notice of
the hearing on the plat shall include reference to the request for
such conditional use.
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.
The amount of any fees for such an informal review shall be a credit
toward fees for review of the application for development. The developer
shall not be bound by any concept plan for which review is requested,
and the Planning Board shall not bound by any such review.
An application for development shall be complete for purposes
of commencing the applicable time period for action by a municipal
agency when so certified by the municipal agency or its authorized
committee or designee. In the event that the agency, committee or
designee does not certify the application to be complete within 45
days of the date of its submission, the application shall be deemed
complete upon the expiration of the forty-five-day period for purposes
of commencing the applicable time period unless the application lacks
information indicated on a checklist adopted by ordinance and provided
to the applicant and the municipal agency or its authorized committee
or designee has notified the applicant, in writing, of the deficiencies
in the application within 45 days of submission of the application.
The applicant may request that one or more of the submission requirements
be waived, in which event the agency or its authorized committee shall
grant or deny the request within 45 days. Nothing herein shall be
construed as diminishing the applicant's obligation to prove in the
application process that he is entitled to approval of the application.
The municipal agency may subsequently require correction of any information
found to be in error and submission of additional information not
specified in the ordinance and further may require revisions in the
accompanying documents as are reasonably necessary for approval of
the application for development. The application shall not be deemed
incomplete for lack of any such additional information or any revisions
in the accompanying documents so required by the municipal agency.
A.
In accordance
with Section 5 of Chapter 20 of the Laws of 1984, adopted on March
22, 1984 (N.J.S.A. 40:55D-10.3), for the purpose of determining a
completed application for development, the following checklists are
adopted for applications before the Planning Board and Zoning Board
of Adjustment:[1]
(1)
Checklist
for General Information.
(2)
Checklist
for Site Plan Exemption.
(3)
Variance
Application Checklist.
(4)
Checklist
for Minor Subdivision.
(5)
Checklist
for Minor Site Plan.
(6)
Checklist
for Preliminary Major Site Plan.
(7)
Checklist
for Preliminary Major Subdivision.
(8)
Checklist
for Final Major Site Plan.
(9)
Checklist
for Final Major Subdivision.
(10)
Checklist for Flood Encroachment Plan.
(11)
Checklist for Grading Permit.
(12)
Checklist for Soil Removal Plan and Permit.
(14)
Completed Major Development Stormwater Summary Form that is contained
within Attachment D in the Borough’s Tier A Municipal Stormwater
General Permit for each stormwater basin that is proposed on the Project.
[Added 2-18-2020 by Ord. No. 2-20, effective 3-9-2020]
[1]
Editor's Note: The checklists are included as attachments to this chapter.
A.
The site plan exemption procedure shall authorize the use or reoccupancy
of any land, building, or structure without a change of permitted
use or without any interior or exterior alteration or reconstruction
upon an affirmative determination by the Administrative Officer that
the proposed use satisfies the following criteria:
B.
In the event the Administrative Officer determines that the application
fails to satisfy the foregoing criteria, then the application shall
not be presented as a site plan exemption.
C.
Application for site plan exemption shall be executed by the owner
and tenant and shall be made on prescribed forms that include the
following information:
(1)
Name, address and telephone number of owner and tenant.
(2)
Address of property, including lot and block number.
(3)
Zoning designation.
(4)
Total square feet of parking area to be occupied.
(5)
Parking spaces provided.
(6)
Number of employees.
(7)
Exterior storage of vehicles, machinery or other equipment.
(8)
Present occupant and use.
(9)
Description of proposed new use.
A.
Filing procedure. The developer shall file with the Administrative
Officer 12 black and white copies of the minor plat, 12 completed
copies of the application form, one completed copy of the minor plat
checklist, three complete copies of the County Planning Board application
form, and the applicable fee.
B.
The minor plat shall be clearly and legibly drawn by a licensed New
Jersey engineer, land surveyor or architect and shall be at a scale
of not less than one inch equals 30 feet. The minor plat shall contain
the following:
(1)
The location of that portion which is to be developed in relation
to the entire tract.
(3)
Existing and proposed lot lines and dimensions.
(4)
The location of existing streets and buildings within 100 feet thereof.
(5)
A copy of any protective covenants or deed restrictions applying
to the land being developed.
(6)
Certification by the Collector of Taxes that all taxes are paid to
date.
(7)
Compliance with all zoning requirements.
(8)
Availability of existing utilities, if pertinent.
(9)
Spot elevations on building site.
(10)
Compliance with flood regulations.
(11)
Vehicular and pedestrian ingress and egress.
(12)
Architectural plans and elevations.
(13)
Lighting and landscaping plans.
C.
Should the municipal agency determine that any proposed development
may create, either directly or indirectly, an adverse effect on either
the remainder of the property being developed or nearby property,
the municipal agency may require the developer to revise the plat.
Where the remaining portion of the original tract is of sufficient
size to be developed or subdivided further, the developer may be required
to submit a plat of the entire remaining portion of the tract to indicate
a feasible plan whereby the design of the proposed development, together
with subsequent subdivisions or development, will not create, impose,
aggravate or lead to any such adverse effect.
D.
In the event the municipal agency shall grant conditional development
approval, a notation to such effect, including the date of the municipal
agency's action, shall be made on all copies of the plat and shall
be signed by the Chairperson or Secretary of the municipal agency
(or Vice Chairperson or Assistant Secretary in their absence, respectively),
except that all plats shall not be signed until all conditions of
minor development approval shall be complied with within 160 days
of the meeting at which conditional approval was granted; otherwise
the conditional approval shall lapse.
E.
Minor subdivision.
(1)
Minor subdivision 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 subdivision approval, and a certificate
of the Administrative Officer as to the failure of the Planning Board
to act shall be issued on request of the applicant, and it shall be
sufficient in lieu of the written endorsement or other evidence of
approval herein required and shall be so accepted by the County Recording
Officer for purposes of filing subdivision plats.
(2)
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.3, the Municipal Planning Board
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
(3)
Except as provided in Subsection D 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. 46:26B-1 et seq.) or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Borough Department of Engineering and Development, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairperson and Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may be permitted by ordinance to accept a plat not in conformity with the Map Filing Law, N.J.S.A. 46:26B-1 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.[1]
(4)
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 Subsection E(3).
(5)
The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection E(3) 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 be the expiration date.
(6)
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 approval
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 the minor subdivision approval or the 91st day after the developer
received the last legally required approval from the governmental
entities, whichever occurs later.
F.
Minor site plans. 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
the other governmental entities, whichever occurs later.
Preliminary plats are required for all major site plans and
major subdivisions.
A.
Filing procedures. A developer shall file with the Administrative
Officer 12 black on white copies of the preliminary plat, 12 completed
copies of the application form for preliminary approval, one completed
copy of the preliminary plat checklist, three completed copies of
the County Planning Board application, three copies of any protective
covenants, deed restrictions and easements applying to the land being
developed, 12 copies of the drainage calculations, environmental impact
report, and soil erosion and sediment control data, if required.
B.
The municipal agency shall submit one copy of the plat and supporting
data to the County Planning Board, Borough Engineer, Department of
Health, School Board, Planning Board, Fire Department and other officials
or departments for review and recommendation. Upon mutual agreement
between the County Planning Board and the municipal agency, with approval
of the applicant, the thirty-day period for a County Planning Board
report may be extended for an additional 30 days, and any extension
shall so extend the time within which the municipal agency is required
to act.[1]
C.
If the submission is accepted as a subdivision, the municipal agency
shall grant or deny preliminary approval of a subdivision of 10 or
fewer lots within 45 days of the filing date or within such further
time as may be consented to by the developer. For a subdivision of
more than 10 lots, the municipal agency shall grant or deny preliminary
approval within 95 days of the filing date or within such further
time as may be consented to by the developer.
D.
Site plans.
(1)
If the submission is accepted as a site plan, the municipal agency
shall grant or deny preliminary site plan approval within the following
time periods unless some further time has been consented to by the
developer:
(2)
Action may be taken on a preliminary site plan for 10 acres of land
or less without a public hearing unless, in the opinion of the municipal
agency, the proposed use, proposed intensity of development, location
of the tract, traffic conditions, or environmental concerns are of
sufficient concern that the municipal agency desires to receive public
comment.
(3)
Where a public hearing is scheduled for a site plan, no action shall
be taken until completion of the public hearing, and the scheduling
and notifications for the hearing shall be in accordance with this
chapter.
E.
If the approving authority requires any substantial amendment in
the layout of improvements in either a site plan or subdivision as
proposed by the developer and that plan had been the subject of a
hearing, an amended application for development shall be submitted
and proceeded upon as in the case of the original application for
development. The municipal agency shall, if the proposed development
complies with this chapter, grant preliminary approval.
F.
Following required public hearing, the municipal agency may approve,
disapprove, or approve with conditions the application. The decision
shall be in writing and shall be sent to the applicant. If the municipal
agency grants preliminary approval, its Chairperson and Secretary
(or the Vice Chairperson or Assistant Secretary in their absence,
respectively) and Borough Engineer shall sign each page of the plat;
provided, however, that the Borough Engineer shall not sign the preliminary
or final site plan plat. If the plat is conditionally approved, it
shall not be signed until all conditions are satisfied. If all conditions
are not met, the conditional approval shall lapse.
A.
Procedure.
(1)
The developer shall file with the Administrative Officer the following
for a major subdivision: one Mylar, two cloth, and 12 black on white
paper prints of the plat; for all other major developments, one reverse
line sepia and one black on white paper print. The developer shall
also file 12 completed copies of the application form for final approval,
one completed copy of the final plat checklist, three completed copies
of the County Planning Board application form, the performance guarantee,
including off-tract improvements, if any, any maintenance guarantees
and the applicable fee.
(2)
The final plat shall be accompanied by letters directed to the Chairperson
of the municipal agency and signed by a responsible officer of the
sewer authority and utility which provides water, gas, telephone and
electricity having jurisdiction in the area. Such letters shall review
each proposed utility installation design and state the adequacy of
the facility.
(3)
The final plat shall be accompanied by a statement by the Borough
Engineer that he is in receipt of a map showing all utilities and
other improvements (both in the development and off-tract improvements)
in exact location and elevation and that he has examined the drainage,
erosion, stormwater control, and excavation plans and found that the
interests of the Borough and of nearby properties are fully protected
and identifying those portions of any improvements already installed
and that the subdivider has either:
(a)
Installed all improvements, in accordance with the requirements
of this chapter and the preliminary plat approval, with a maintenance
guarantee accompanying the final plat; or
(b)
Posted a performance guarantee, in accordance with this chapter
and the preliminary plat approval, for all partially completed improvements
or improvements not yet initiated.
B.
Action by the municipal agency.
(1)
The municipal agency shall grant final approval if the detailed drawings,
specifications and estimates of the application for final approval
conform to the standards established by ordinance for final approval,
the conditions of preliminary approval and, in the case of a major
subdivision, the standards prescribed by the Map Filing Law, N.J.S.A.
46:26B-1 et seq.[1]
(2)
Final approval shall be granted or denied within 45 days of the filing
date or within such further time as may be consented to by the applicant.
An approval final plat shall be signed by the Chairperson and Secretary
of the municipal agency (or the Vice Chairperson or Assistant Secretary
in their absence, respectively). Failure of the municipal agency to
act within the period prescribed shall constitute final approval,
and a certificate of the Secretary as to the failure of the municipal
agency to act shall be issued on request of the applicant and it shall
be sufficient in lieu of the written endorsement or other evidence
of approval herein required and shall be so accepted by the County
Recording Officer for purposes of filing subdivision plats.
(3)
Whenever review or approval of the applications by the County Planning
Board is required by N.J.S.A. 40:27-6.3 or 40:27-6.6, the municipal
agency 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.[2]
(4)
The developer shall supply sufficient copies of the approved final
plat so the Administrative Officer can distribute one copy to each
of the following: Borough Clerk, Borough Engineer, Tax Assessor and
Planning Board, and any other agency or person directed by the municipal
agency.
(5)
Final approval of a major subdivision shall expire 95 days from 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 municipal agency 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 municipal agency may extend the
ninety-five-day or one-hundred-ninety-day period if the developer
proves to the reasonable satisfaction of the municipal agency 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 require 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
municipal agency. The developer may apply for an extension either
before or after the original expiration date. In order for a subdivision
plat to be accepted for filing by the County Recording Officer, such
plat shall first have been approved by the municipal agency as indicated
on the instrument by the signature of the Chairperson and Secretary
of the Planning Board or a certificate has been issued as to the failure
of the municipal agency to act within the required time. The signatures
of the Chairperson and Secretary shall not be affixed until the developer
has posted the required guarantees. If the County Recording Officer
records any plat without such approval, such recording shall be deemed
null and void and, upon the request of the Borough, the plat shall
be expunged from the official record.
Before any permit shall be issued for a conditional use, applications
shall be made to the Planning Board, where such Board shall have primary
jurisdiction thereof, or the Zoning Board of Adjustment in all other
cases. The Planning Board shall grant or deny the application, after
public hearing, within 95 days of the filing date or within such further
time as may be consented to by the applicant. Where a conditional
use application involves a site plan or subdivision, notice of the
hearing shall include reference to all matters being heard, and the
Planning Board shall review and approve or deny the subdivision or
site plan simultaneously with the conditional use application. Failure
of the Planning Board to act within the required time period shall
constitute approval of the application.
A.
In reviewing the conditional use application, the Planning Board
shall review the number of employees or users of the property and
the requirements set forth in this chapter and shall give due consideration
to all reasonable elements which would affect the public health, welfare,
safety, comfort and convenience, such as, but not limited to, the
proposed uses, the character of the area, vehicular travel patterns
and access, pedestrianways, landscaping, lighting, signs, drainage,
sewage treatment, potable water supply, utilities, and structural
locations and orientations, and shall conduct a public hearing on
the application.
B.
The uses for which conditional uses are granted shall be deemed to
be permitted uses in their respective districts, and each conditional
use shall be considered as an individual case. In all requests for
approval of conditional uses, the burden of proof shall be on the
applicant. All conditional uses shall require site plan review and
approval by the Planning Board. Prior to making its decision, the
Planning Board shall be satisfied that the conditional use is reasonably
necessary for the convenience of the public in the location proposed.
In the granting of conditional uses, a time limit of one year from
the date of the approval shall be set within which time the owner
shall secure a building permit; otherwise, the approval granted shall
be null and void.
Procedures for appeals to the Zoning Board of Adjustment shall be governed by the provisions of Article III, and see in particular § 17-3.7A. Applications for development before the Zoning Board of Adjustment shall be governed by the provisions of § 17-3.7B and Articles VI, VII and VIII of this chapter.
There shall be no appeals taken from the Planning Board to the
governing body.
A.
Performance guarantee and maintenance guarantee.
(1)
Before recording of final subdivision plats or as a condition
of final site plan approval, the municipal agency may require and
shall accept in accordance with the standards adopted by ordinance
for the purpose of assuring the installation and maintenance of on-tract
improvements:[1]
(a)
The furnishing of a performance guarantee in favor of the Borough
in an amount not to exceed 120% of the cost of installation, which
cost shall be determined by the Borough Engineer according to the
method of calculation set forth in this section, for improvements
which the municipal agency may deem necessary or appropriate, including
streets, grading, pavement, gutters, curbs, sidewalks, streetlighting,
shade trees, surveyor's monuments, as shown on the final map and required
by the Map Filing Law, N.J.S.A. 46:26B-1 et seq., water mains, culverts,
storm sewers, sanitary sewers or other means of sewage disposal, drainage
structures, erosion control and sedimentation control devices, public
improvements of open space and, in the case of site plan only, other
on-site improvements and landscaping. The Borough Engineer shall prepare
an itemized cost estimate of the improvements covered by the performance
guarantee, which itemized cost estimate shall be appended to each
performance guarantee posted by the obligor. The cost estimated by
the Borough Engineer shall be based on documented construction costs
for public improvements prevailing in the general area of the Borough.
The developer may appeal the Borough Engineer's estimate to the governing
body. The governing body shall decide the appeal within 45 days of
receipt of the appeal in writing to the Borough Clerk. After the developer
posts a guarantee with the Borough based on the cost of the installation
of improvements as determined by the governing body, he may institute
legal action within one year of the posting in order to preserve the
right to a judicial determination as to the fairness and reasonableness
of the amount of the guarantee.
(b)
Provision for a maintenance guarantee to be posted with the governing
body 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, which cost shall be determined by the Borough Engineer
according to the method of calculation set forth in this section.
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 guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the Borough for such utilities or improvements.
(2)
The Borough shall not require that a maintenance guarantee be
in cash or more than 10% of the performance guarantee be in cash.
A developer may, however, provide at his option some or all of the
maintenance guarantee in cash or more than 10% of a performance guarantee
in cash.
(3)
The Borough shall accept a performance guarantee or maintenance
guarantee which is an irrevocable letter of credit if it:
(a)
Constitutes an unconditional payment obligation of the issuer
running solely to the Borough for an express initial period of time
in the amount determined pursuant to N.J.S.A. 40:55D-53;
(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 Borough to draw upon the letter of credit if the
obligor fails to furnish another letter of credit which complies with
the provisions of this section 30 days or more in advance thereof
as is stated in the letter of credit.
B.
The time allowed for installation of the improvements for which the
performance guarantee has been provided may be extended by the governing
body by resolution. As a condition or as part of any such extension,
the amount of any performance guarantee shall be increased or reduced,
as the case may be, to an amount not to exceed 120% of the installation,
which cost shall be determined by the Borough Engineer according to
the method of calculation set forth in this section as of the time
of the passage of the resolution.
C.
If the required improvements are not completed or corrected in accordance
with the performance guarantee, the obligor and surety, if any, shall
be liable thereon to the Borough for the reasonable cost of the improvements
not completed or corrected, and the Borough may, either prior to or
after the receipt of the proceeds thereof, complete such improvements.
Such completion or correction improvements shall be subject to the
public bidding requirements of the Local Public Contracts Law,[2] provided that the completion or correction by the Borough
of improvements for which a performance guarantee has been provided
shall be made, negotiated or awarded by the governing body without
public advertising for bids or bidding therefor as long as no public
moneys are expended pursuant to N.J.S.A. 40A:11-5(1)(u).
[2]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
D.
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 governing body in writing, by certified mail addressed in care of the Borough Clerk, that the Borough Engineer prepare, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection A of this section, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the developer shall send a copy of the request to the Borough Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the developer. Thereupon the Borough Engineer shall inspect all improvements covered by the developer's request and shall file a detailed list and report, in writing, with the governing body and shall simultaneously send a copy thereof to the developer not later than 45 days after receipt of the developer's request.
E.
The list prepared by the Borough 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 Borough 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 guarantee
relating to the completed and satisfactory improvement, in accordance
with the itemized cost estimate prepared by the Borough Engineer and
appended to the performance guarantee pursuant to this section.[3]
F.
The governing body, by resolution, shall either approve the improvements
determined to be complete and satisfactory by the Borough Engineer
or reject any or all of the 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 guarantee relating
to the improvements accepted, in accordance with the itemized cost
estimate prepared by the Borough Engineer and appended to the performance
guarantee pursuant to this section. This resolution shall be adopted
not later than 45 days after receipt of the list and report prepared
by the Borough Engineer. Upon adoption of the resolution by the governing
body, the developer shall be released from all liability pursuant
to its performance guarantee, 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 guarantee posted may be retained
to ensure completion and acceptability of all improvements.[4]
G.
If the Borough Engineer fails to send or provide the list and report
as requested by the developer within 45 days from receipt of the request,
the developer may apply to the court in a summary manner for an order
compelling the Borough 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 governing
body fails to approve or reject the improvements determined by the
Borough Engineer to be completed and satisfactory or reduce the performance
guarantee for the complete and satisfactory improvements within 45
days from the receipt of the Borough Engineer's list and report, the
developer may apply to the court in a summary manner for an order
compelling, within a stated time, approval of the complete and satisfactory
improvements and approval of a reduction in the performance guarantee
for the approved complete and satisfactory improvements in accordance
with the itemized cost estimate prepared by the Borough Engineer and
appended to the performance guarantee pursuant to this section, and
the cost of applying to the court, including reasonable attorney's
fees, may be awarded to the prevailing party.
H.
In the event that the developer has made a cash deposit with the
Borough as part of the performance guarantee, then any partial reduction
granted in the performance guarantee pursuant to this subsection shall
be applied to the cash deposit in the same proportion as the original
cash deposits bears to the full amount of the performance guarantee.
I.
If any portion of the required improvements is rejected, the governing
body may require the developer to complete or correct such improvements
and, upon completion or correction, the same procedure of notification
as set forth in this section shall be followed.
J.
Nothing herein, however, shall be construed to limit the right of
the developer to contest by legal proceedings any determination of
the governing body or the Borough Engineer.
K.
The developer shall reimburse the Borough for all reasonable inspection
fees paid to the Borough Engineer for the foregoing inspection of
improvements, provided that the Borough may require of the developer
a deposit for the inspection fees in an amount not to exceed, except
for extraordinary circumstances, the greater of $500 or 5% of the
cost of improvements, which cost shall be determined pursuant to this
section.
L.
In the event that final approval is by stages or sections of development
pursuant to N.J.S.A. 40:55D-38, the provisions of this section shall
be applied by stage or section.
M.
If the municipal agency includes as a condition of approval of an
application for development the installation of streetlighting on
a dedicated public street connected to a public utility, then upon
notification in writing by the developer to the municipal agency and
governing body that the streetlighting on a dedicated public street
has been installed and accepted for service by the public utility
and that certificates of occupancy have been issued for at least 50%
of the dwelling units and 50% of the floor area of the nonresidential
uses on the dedicated public street or portions thereof, the governing
body shall, within 30 days following receipt of the notification,
make appropriate arrangements with the public utility for, and assume
the payment of, the costs of the streetlighting on the dedicated public
street on a continuing basis. Compliance by the Borough with the provisions
of this subsection shall not be deemed to constitute acceptance of
the street.
A.
The prospective purchaser, prospective mortgagee, or any other person
interested in any land which forms part of a subdivision three years
preceding the effective date of the Act may apply in writing to the
Administrative Officer for the issuance of a certificate certifying
whether or not such subdivision has been approved by the Planning
Board. Such application shall contain a diagram showing the location
and dimension of the land to be covered by the certificate and the
name of the owner thereof.
B.
The Administrative Officer shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor. Said officer shall keep a duplicate copy of each certificate,
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record of his office.
C.
Each such certificate shall be designated a "Certificate as to Approval
of Subdivision of Land" and shall certify:
(1)
Whether there exists a duly established planning board in the
Borough and that there is an ordinance controlling subdivision of
land adopted under the authority of the Act.
(2)
Whether the subdivision, as it relates to the land shown in
said application, has been approved by the Planning Board and, if
so, the date of such approval and any extensions and terms thereof,
showing that the subdivision of which the lands are a part is a validly
existing subdivision.
(3)
Whether such subdivision, if the same has not been approved,
is statutorily exempt from the requirement of approval as provided
in the Act.
D.
The Administrative Officer shall be entitled to demand and receive
for such certificate issued by him a reasonable fee not in excess
of those provided in N.J.S.A. 54:5-14 and 54:5-15. The fees so collected
by such official shall be paid by him to the Borough.
The purpose of the zoning permit is to assure that the proposed use, construction or alteration will be in accordance with the provisions of Chapter 28, Zoning. The zoning permit looks to the location and use of the building in light of the requirements of this chapter and certifies that such location and use is permitted or that it exists as a nonconforming use and/or nonconforming structure or is permitted by the terms of a variance. The zoning permit shall be issued by the Administrative Officer within a period of 10 business days following submission of a completed application specifying the following information:
A.
Name of applicant.
B.
Address of applicant.
C.
Name and address of owner if different from that of applicant.
D.
Block and lot number and street address of premises for which zoning
permit is desired.
E.
State dimensions of principal building.
F.
State dimensions of all accessory buildings.
G.
Describe in detail the activity or activities to be conducted in
the principal building and any accessory activities to be conducted
in any of the accessory buildings.
H.
State whether any of the activities described in Subsection G above are conducted as a nonconforming use (if so, state facts supporting this contention).
I.
State whether the premises has been the subject of any prior application
to the Zoning Board of Adjustment or Planning Board to the applicant's
knowledge.
A.
Preliminary approval of a major subdivision or of a site plan.
(1)
Preliminary approval of a major subdivision or of a site plan shall, except as provided in Subsection A(2), confer upon the applicant the following rights for a three-year period from the date on which the resolution of preliminary approval is adopted:
(a)
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements, layout design standards for streets, curbs and sidewalks,
lot size, yard dimensions and off-tract improvements and, in the case
of site plan, any requirements peculiar to site plan approval, except
that nothing herein shall be construed to prevent the Borough from
modifying by ordinance such general terms and conditions of preliminary
approval as it relates to public health and safety;
(b)
That the applicant 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; and
(c)
That the applicant may apply for and the Planning Board may grant
extensions on 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.
(2)
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 A(1)(b) and (c) of this section 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 and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to 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 permissible under preliminary approval and the potential 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.
(3)
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection A(1)(c) or (2) 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.
(4)
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 A(1)(c) or (2) of this section.[1]
B.
Effect of final approval of a site plan or major subdivision.
(1)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, 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 section shall expire if the plat has not been duly recorded within the time period provided in § 17-6.9B(5) of this chapter. 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, the Planning Board may extend such period of protection by extensions of one year but not to exceed three extensions. The granting of final approval terminates the time period of preliminary approval.
(2)
In the 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 B(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 permissible under final approval, 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 B(1) or (2) 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 approval 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 B(1) or (2).
C.
Expiration of preliminary approval. Preliminary approval of a major subdivision or site plan shall expire simultaneously with expiration of the rights conferred on the applicant by Subsection A(1)(a) and (b) above [as such rights may be extended under Subsection A(1)(c), (2) or (4) above] unless, prior to expiration of those rights, the applicant has submitted an application for final approval, and final approval is granted within six months after the date on which the application for final approval is submitted; provided, however, that the board with which the application for final approval is filed may extend the six-month period for good cause shown, either before or after the date on which the six-month period would otherwise have expired.
D.
Expiration of final approval. Final approval of a major subdivision or site plan shall expire simultaneously with expiration of the rights conferred on the developer by Subsection B(1) above [as such rights may be extended under Subsection B(1), (2) or (4) above] unless, prior to expiration of those rights, construction of the project has substantially commenced pursuant to a validly issued construction permit or other necessary approval. In the event of a dispute as to whether any construction has substantially commenced, the Zoning Officer or Construction Code Official may refer the matter to the board that granted the underlying approval for a determination.
A.
As a condition of development approval, the Planning Board or Zoning
Board of Adjustment, as the case may be, may restrict the use of certain
streets of the Borough to construction equipment used on or for the
project subject to said approval.
B.
As part of its application for development approval, the applicant
shall submit to the appropriate board a list indicating the size,
type and intended use of all heavy equipment, vehicles or construction
machinery to be used for the project.
C.
The Borough Engineer and Director of Engineering and Development
shall submit to the appropriate board their recommendations concerning
any possible restrictions upon the use or movement of said equipment
within the Borough and/or upon Borough streets.
D.
If the applicant, its agents, servants or employees are found to
be using, transporting, or allowing to be used or transported any
heavy equipment, vehicles, or construction machinery in violation
of the approval granted by the appropriate board, the municipality
may institute a civil action in the Superior Court for injunctive
relief to prohibit and prevent such violation or violations, and said
Court may proceed in a summary manner.
The municipal agent, or the Planning Board or Zoning Board of Adjustment, may condition the adoption of a memorializing resolution or a decision authorized by § 17-4.7 hereof or the issuance of preliminary or final development approval upon the requirement that the applicant enter into a developer's agreement with the Borough of Lincoln Park prior to the commencement of any land disturbance or construction relating to such matters as:
A.
Implementing compliance with the terms and conditions of the approval
resolution and with applicable municipal ordinances.
B.
Itemizing the improvements which are required to be installed as
well as establishing off-tract improvements which shall be constructed.
C.
Providing for the extension of public facilities to service the development
as well as the inspection, approval and acceptance of such facilities.
D.
Providing for the inspection, approval, acceptance and maintenance
of easements and stormwater detention facilities in private communities
and in other projects.
E.
Providing the calculation of the developer's fair share of improvement
costs.
F.
Providing for the type of performance and maintenance guarantee to
be supplied.
G.
Providing for payment of escrow reserves for engineering inspection.
H.
Providing for the amount and timing of payment of inspection fees.
I.
Establishing a phasing schedule if required.
J.
Providing for stormwater management contributions as may be required.
K.
Providing for escrow for public road cleaning as may be required.
L.
Providing for insurance and indemnity requirements.
M.
Providing for the receipt of other governmental or agency approvals
or permits as a condition for commencement of work.
