A.
There shall be no subdivision of lands nor land development associated
with subdivision or site plans unless such subdivision or a site plan
shall have been approved by resolution of the Planning Board, and
such resolution shall be a condition for the issuance of a permit
for any development, except that subdivision or individual lot applications
for detached one- or two-dwelling-unit buildings shall be exempt from
site plan review and approval.
B.
Prior to the hearing on adoption of an ordinance providing for Planning
Board approval of either subdivisions or site plans, or both, or any
amendment thereto, the governing body shall refer any such proposed
ordinance or amendment thereto to the Planning Board pursuant to N.J.S.A.
40:55D-26a.
C.
Each application for subdivision approval, where required pursuant
to N.J.S.A. 40:27-6.3, and each application for site plan approval,
where required pursuant to N.J.S.A. 40:27-6.6, shall be submitted
by the applicant to the Morris County Planning Board for review or
approval, as required by the aforesaid sections, and 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. The Planning Board and/or
governing body shall have the right to offer comment on the review,
approval and report(s) of the county, either partly or entirely, and
join with or depart from the position of the applicant with respect
thereto.
A.
All applications for development as defined in this chapter shall
be submitted and proceeded upon in accordance with the provisions
of this article, including standards for preliminary and final approval
and provisions for processing of final approval by stages or sections
of development.
B.
The layout and arrangement of any subdivision or land development shall be consistent with and satisfy the requirements of Part 6, Zoning, of this chapter.
C.
All streets in a subdivision or land development shall be of sufficient
width and suitable grade and shall be suitably located to accommodate
prospective traffic and to provide access for firefighting and emergency
equipment to buildings, and coordinated so as to compose a convenient
system consistent with the circulation element of the Master Plan
and the Official Map, and so oriented as to permit, consistent with
the reasonable utilization of land, the buildings constructed thereon
to maximize solar gain, provided that no street of a width greater
than 50 feet within right-of-way lines shall be required unless said
street constitutes an extension of an existing street of the greater
width or already has been shown on the Master Plan at the greater
width, or already has been shown in greater width on the Official
Map, if there be one. All streets in a residential development shall
satisfy the requirements for residential development contained in
the Residential Site Improvement Standards regulations.
D.
Every subdivision and land development shall make provision for adequate
water supply, drainage, shade trees, sewerage facilities and other
utilities as are necessary for essential services to residents and
occupants.
E.
In the event that area within a subdivision or land development is
to be reserved for public use pursuant to N.J.S.A. 40:55D-44, such
area shall be of suitable size, shape and location for its intended
purpose.
F.
In any application involving planned development or residential cluster
development, adequate and suitable provision shall be made for the
setting aside of open space for the use and benefit of the residents
of such development.
G.
Any land subject to flooding pursuant to N.J.S.A. 40:55D-65(e) shall
only be developed in accordance with state and Township regulations
concerning development of lands that are subject to flooding, and
all such development shall be designed to avoid danger to life or
property.
H.
Soils shall be conserved to the greatest practicable extent and protected
from erosion by wind or water or from excessive disturbance by excavation
or grading. Soils shall be protected and conserved in accordance with
prevailing standards and, where appropriate, subject to the review
and approval of the Morris County Soil Conservation District.
I.
All land development shall be undertaken and be subject to conformity
with any Township recycling ordinance.
J.
Any development adjacent to or involving a county road within the
Township shall conform with the Access Management Code adopted by
the County of Morris, N.J.S.A. 27:16-1. Land development adjacent
to or involving an existing or proposed municipal street shall conform
with any municipal access management code adopted pursuant to N.J.S.A.
40:67-1.
K.
Any proposed development which shall be adjacent or proximate to,
or otherwise involve, potable water supply reservoirs shall include
adequate and suitable protections for such potable water supply from
pollution or other degradation of water quality resulting from the
development, or other uses of surrounding land areas. All such provisions
shall be in accordance with any siting, performance, or other standards
or guidelines adopted therefor by the Department of Environmental
Protection.
L.
Any stormwater detention facilities proposed in connection with land
development shall conform with prevailing public safety regulations
of the Township of Mine Hill, the County of Morris and the State of
New Jersey, and as otherwise reflected in stormwater management plans
and stormwater management ordinances adopted pursuant to N.J.S.A.
40:55D-93 et seq.
M.
No plan shall be approved nor any land developed unless adequate
and suitable provision has been made for grading, improvement and
construction of streets or drives or for any required walkways, curbs,
gutters, streetlights, shade trees, fire hydrants and water and drainage
and sewerage facilities and other improvements as shall be found necessary.
All such development designs and activities shall conform with the
standards contained in this chapter. However, the absence of one or
more specific standard(s) in these respects shall not relieve the
applicant from making adequate and suitable provision(s) therefor
by prevailing standards of engineering and planning. Such facilities
shall be completed either prior to final approval of a subdivision
or site plan or subsequent thereto by the posting of performance guarantees
pursuant to this chapter.
O.
Any application involving open space shall specify the means by which
the common lands are to be operated and owned. If Township ownership
is proposed and, in the opinion of the Planning Board, such ownership
will be consistent with the objectives of the Master Plan or Official
Map, then the Planning Board shall recommend to the governing body
that said open space or land resulting from the application of open
space development be accepted by the Township. If the governing body
declines to take ownership or if applicant does not desire to offer
open space to the Township, the applicant shall submit an open space
plan providing only for homeowners' ownership of common land.
P.
The performance of any land development pursuant to subdivision or
site plan approval shall be in substantial accordance with the final
development plan, provided that the Planning Board may permit a deviation
from the final plan if caused by change of conditions beyond the control
of the developer since the date of final approval, and the deviation
would not substantially alter the character of the development or
substantially impair the intent and purpose of the Master Plan, the
Zoning Ordinance or this chapter.
A.
Provision shall be made for off-tract water, sewer, drainage, and
street improvements which are necessitated by a subdivision or land
development, subject to the provisions of N.J.S.A. 40:55D-42. As a
condition to approval of a subdivision or site plan, a developer may
be required by the Planning Board to pay his pro rata share of the
cost of providing reasonable and necessary street improvements and
water, sewerage and drainage facilities, and easements therefor, located
outside the property limits of the subdivision or development, but
necessitated or required by construction or improvements within such
subdivision or development. A determination of the proportionate pro
rata amount of the cost of such facilities that shall be borne by
the developer shall be determined in accordance with the standards
contained in this chapter or as otherwise provided by law and shall
not be altered subsequent to preliminary approval.
B.
As a development option, and where permitted subject to the zoning
regulation, the developer may propose a planned development. In exercising
such option, a developer shall demonstrate creativity in development
and economy in the use of lands as well as the layout and design of
the proposed planned development. To encourage and exploit greater
creativity, flexibility and economy, a developer may seek and the
Planning Board shall be authorized to grant approval upon mutual agreement
between the applicant and the Planning Board on the basic scheme of
a planned development, and otherwise in accordance with the provisions
of this chapter for planned developments.
C.
Any common open space resulting from the application of standards for density or intensity of land use shall be set aside for the use and benefit of the owners or residents in such development subject to § 310-49O and of this article.
D.
The Planning Board shall be and is hereby authorized to allow for
a greater concentration of density or intensity of land use within
a section or sections of development, whether it be earlier, later
or simultaneous in the development, than in others; such greater concentration
of density or intensity of land use for any section to be developed
shall be offset by a smaller concentration in any completed prior
stage or by an appropriate reservation of common open space on the
remaining land by grant of easement or by covenant in favor of the
Township, provided that such reservation shall, as far as practicable,
defer the precise location of common open space until an application
for final approval is filed, so that flexibility of development can
be maintained.[1]
E.
In the case of a development which proposes construction over a period
of years, the applicant shall make adequate and suitable provision
for the protection of the interests of the public and of the residents,
occupants and owners of the proposed development in the total completion
of the development.
F.
As a condition of municipal agency approval, the applicant shall
submit proof that no taxes or assessments for local improvements are
due or delinquent on the property for which any subdivision, site
plan or planned development application is made.
G.
The developer may seek and the Planning Board may approve the varying,
within a conventional subdivision, of lot areas and dimensions, and
yards and setbacks otherwise required by Township development regulations
in such a way that the average lot areas and dimensions, yards and
setbacks, within the subdivision conform to the conventional norms
of the Township development regulations, provided that such standards
shall be appropriate to the type of development permitted.
H.
All site plan applications shall make adequate and suitable provision
for the following:
(1)
Preservation of existing natural resources on the site;
(2)
Safe and efficient vehicular and pedestrian circulation, parking
and loading;
(3)
Screening, landscaping and location of structures;
(4)
Exterior lighting as necessary for safety reasons, as well as provision
for streetlighting;
(5)
Conservation of energy and use of renewable energy sources; and
A.
If the Master Plan as amended or the Official Map provides for the
reservation of designated streets, public drainageways, flood-control
basins, walkways, trails or other public areas within the proposed
development, then, before a subdivision or site plan shall be approved,
the developer shall show on a plat or plan, in locations and sizes
suitable to their intended uses, such streets, ways, basins or areas
as the Planning Board may require. The Planning Board may reserve
the location and extent of such streets, ways, basins or areas shown
on the plat or plan for a period of one year after the approval of
the final plat or plan or within such further time as may be agreed
to by the developer. Unless during such period or extension thereof
the Township shall have entered into a contract to purchase or institute
condemnation proceedings according to law for the fee or a lesser
interest in the land comprising such streets, ways, basins, or areas,
the developer shall not be bound by such reservations shown on the
plat or plan and may proceed to use such land for private use in accordance
with applicable development regulations. The provisions of this section
shall not apply to streets and roads, flood-control basins, or public
drainageways necessitated by the subdivision or land development and
required for final approval.
B.
The developer shall be entitled to just compensation for actual loss
found to be caused by such temporary reservation and deprivation of
use. In such instance, unless a lesser amount has previously been
mutually agreed upon, just compensation shall be deemed to be the
fair market value of an option to purchase the land reserved for the
period of reservation, provided that determination of such fair market
value shall include, but not be limited to, consideration of the real
property tax as apportioned to the land reserved and prorated for
the period of reservation. The developer shall be compensated for
the reasonable increased cost of legal, engineering, or other professional
services incurred in connection with obtaining subdivision approval
or site plan approval, as the case may be, caused by the reservation.
As and where permitted pursuant to this chapter, the following
shall be established prior to approval of any planned development:
A.
That departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the Zoning
Ordinance standards pursuant to N.J.S.A. 40:55D-65c and this chapter;
B.
That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate and suitable and are in accordance with the requirements of § 310-49O of this article;
C.
That provisions through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation, and visual enjoyment
are adequate and suitable;
D.
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established;
E.
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate and suitable.
A.
No construction permit shall be issued for any new structure or parking
lot designed for four or more vehicles, or for an addition to an existing
structure or parking lot, and no certificate of occupancy shall be
issued for any change of use of an existing structure until the site
plan has been reviewed and approved by the municipality, except that:
(1)
A construction permit for a single-family detached dwelling unit
or a two-family dwelling unit shall not require site plan approval,
except that the use of any existing or proposed principal or accessory
building for a home occupation as defined and permitted by this chapter
shall require minor site plan approval prior to the issuance of a
construction permit or certificate of occupancy. The foregoing shall
in no way affect the responsibility of an applicant to submit the
necessary information and receive the necessary approvals as may be
required pursuant to other ordinances.
(2)
Any change of use from one permitted category of nonresidential use
to another permitted category of nonresidential use may not require
site plan approval if:
(a)
Both the Construction Official and Zoning Officer certify to
the Planning Board in writing that the existing site development meets
the requirements of this chapter for the new use category; and
(b)
The new use category does not require an increase in the number
of required parking spaces; and
(c)
The Township Engineer concurs with the findings of the Construction
Official and the Zoning Officer.
(3)
Building alterations/additions shall not require site plan approval
if both the Zoning Officer and Construction Official stipulate to
the Township Engineer the following conditions apply:
(a)
There is no change in use category;
(b)
No additional parking is required as a result of the alteration
or addition;
(c)
No more than 10% additional building coverage is proposed but
in any case not to exceed 500 feet;
(d)
No variance is required;
(e)
There is no major change in circulation proposed such as drive-through
windows, ingress or egress drives, changes in internal circulation,
loading or unloading, delivery or pickup of goods and services or
trash collection; and
(f)
There are no major changes in a significant site facility or
improvement such as drainage facility, buffer or landscaping features.
(4)
A change to a previously approved site plan that does not significantly
impact nor substantially change the character and quality of the existing
approval shall be exempt from this chapter, provided that the Zoning
Officer in consultation with the Township Engineer and Construction
Official determines that the proposed change satisfies the standards
set forth in this subsection and notifies the Planning Board of these
findings.
(5)
The clearing, excavation or filling of an area in excess of 5,000
square feet shall require site plan approval unless related to the
construction of one single-family home that does not require subdivision
approval. Prior to any clearing, excavation or filling of an area
in excess of 5,000 square feet related to the construction of a single-family
home that does not require subdivision approval, the property owner
shall submit a grading plan and secure approval from the Township
Engineer.
B.
An applicant may elect to file for preliminary and final site plan
approval simultaneously to expedite the review process. The site plan
shall be prepared according to the requirements stipulated for final
approval. Developers electing to bypass the preliminary approval stage
are doing so at the peril of added expenses if changes in the design
are required.
A.
The developer shall submit to the Township Clerk such number of copies
of a site plan as specified in the checklist, and such other information
as is reasonably necessary to make an informed decision as to whether
the requirements necessary for preliminary site plan approval have
been met, provided that minor site plans shall not be subject to this
section. The site plan and any engineering documents to be submitted
shall be required in the form required herein for the preliminary
approval. Preliminary architect elevations shall be required and shall
be sufficient for preliminary review.
B.
If the Planning Board requires or the developer seeks any substantial
amendment in the layout of improvements proposed by the developers
that have 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 Planning Board shall,
if the proposed development complies with this chapter, grant preliminary
site plan approval.
C.
Upon the submission to the administrative officer of a complete application
for a site plan which involves 10 acres of land or less, and 10 dwelling
units or less, the Planning Board shall grant or deny approval within
45 days of the date of such submission or within such further time
as may be consented to by the developer. Upon the submission of a
complete application for a site plan which involves more than 10 acres,
or more than 10 dwelling units, the Planning Board shall grant or
deny preliminary approval within 95 days of the date of such submission
or within such further time as may be consented to by the developer.
Otherwise, the Planning Board shall be deemed to have granted preliminary
approval to the site plan.
D.
If any substantial modification is proposed or required after preliminary approval has been granted, an application for such a modification shall be submitted and proceeded upon as in the case of the original application for development. The applicant may apply for modification approval either independently of or concurrently with an application for final approval pursuant to § 310-59. In either case, notice pursuant to § 310-31 shall be required and shall state the nature of the proposed modification. A "substantial modification" shall mean one which 1) increases density of development; 2) increases the square footage of buildings; 3) proposes a different use; 4) would result in increased adverse impact upon properties in the immediate area with respect to factors such as but not limited to noise, glare, and increased drainage runoff; or 5) materially changes a required element of the approval. Any modification which decreases the number of proposed lots, dwelling units, number of square feet, density or intensity of use shall not be considered a substantial modification so long as there is no proposed change of use and no additional variances or exceptions are required.
E.
The Planning Board may grant preliminary approval subject to conditions;
provided, however, that the Planning Board shall specify the time
for performance of such conditions and shall not grant approval subject
to subsequent submission of additional planning information fundamental
to an essential element of the development plan and an informed decision
thereon. In the event that development requires the subsequent approval
of one or more governmental agencies other than the Planning Board,
the Planning Board shall, prior to approval, determine the basic planning
feasibility of any fundamental element of the development plan that
is otherwise subject to the jurisdiction and powers of such other
agency or agencies.
A.
A minor site plan as defined in this chapter shall not require notice
or public hearing, but shall instead be proceeded upon by the Site
Plan Committee of the Planning Board, which Committee shall, where
appropriate, report to the Planning Board that the application for
development conforms to the definition of "minor site plan" and requires
no further review by the Planning Board. Such report shall be then
adopted as the basis for an approval to be reflected in a memorializing
resolution of the Planning Board. Minor site plan approval thus memorialized
shall be deemed final approval of the site plan by the Board, provided
that the Board or subcommittee may condition such approval on terms
ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38,
40:55D-39, 40:55D-41 and 40:55D-53.
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 Morris County
Planning Board is required by N.J.S.A. 40:27-6.6, the Township Planning
Board shall condition any approval that it grants upon timely receipt
of 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:
A.
The developer shall submit to the administrative officer a plat and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary approval have been met, provided that minor subdivisions pursuant to § 310-57 of this article shall not be subject to this section. The plat and any other engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval.
B.
If the Planning Board requires or the developer seeks any substantial
amendment in the layout of improvements proposed by the developer
that have been the subject of a hearing, an amended application shall
be submitted and proceeded upon, as in the case of the original application
for development. The Planning Board shall, if the proposed subdivision
complies with the chapter, grant preliminary approval to the subdivision.
C.
Copies to be filed.
(1)
Copies of the preliminary plat shall be forwarded by the Secretary
of the Planning Board, prior to the hearing, to the following persons:
(2)
If the preliminary plat lies within 200 feet of another municipal
boundary, a copy of the plat shall be sent by the Secretary of the
Township Planning Board to the Secretary of the Planning Board of
the adjoining community. A written statement shall be requested from
the adjoining community indicating whether the proposed subdivision
of the Township of Mine Hill is in reasonable harmony with its plans
for development. The Secretary of the Planning Board of the adjoining
community should be informed of the date of the public hearing, and
any communications received prior to this date will be considered
in relation to the approval or disapproval of the plat.
D.
Upon the submission to the administrative officer of a complete application
for a subdivision of 10 or fewer lots, the Planning Board shall grant
or deny preliminary approval within 45 days of the date of such submission
or within such further time as may be consented to by the developer.
Upon the submission of a complete application for a subdivision of
more than 10 lots, the Planning Board shall grant or deny preliminary
approval within 95 days of the date of such submission or within such
further time as may be consented to by the developer. Otherwise, the
Planning Board shall be deemed to have granted preliminary approval
to the subdivision.
E.
If any substantial modification is proposed or required after preliminary approval has been granted, an application for such a modification shall be submitted and proceeded upon as in the case of the original application for development. The applicant may apply for modification of preliminary approval either independently of or concurrently with an application for final approval pursuant to § 310-59. In either case, notice pursuant to § 310-31 shall be required and shall state the nature of the proposed modification. A "substantial modification" shall mean one which 1) increases density of development; 2) increases the square footage of buildings; 3) proposes a different use; 4) would result in increased adverse impact upon properties in the immediate area with respect to factors such as but not limited to noise, glare, and increased drainage runoff; or 5) materially changes a required element of the subdivision. Any modification which decreases the number of proposed lots, dwelling units, number of square feet, density or intensity of use shall not be considered a substantial modification so long as there is no proposed change of use and no additional variances or exceptions are required.
F.
The Planning Board may grant preliminary approval subject to conditions;
provided, however, that the Planning Board shall specify the time
for performance of such conditions and shall not grant approval subject
to subsequent submission of additional planning information fundamental
to an essential element of the development plan and an informed decision
thereon. In the event that development requires the subsequent approval
of one or more governmental agencies other than the Planning Board,
the Planning Board shall, prior to approval, determine the basic planning
feasibility of any fundamental element of the development plan that
is otherwise subject to the jurisdiction and powers of such other
agency or agencies.
A.
A minor subdivision as defined in this chapter shall not require
notice or public hearing, but shall instead be proceeded upon by the
Subdivision Committee of the Planning Board, which Committee shall,
where appropriate, report to the Planning Board that the application
for development conforms to the definition of "minor subdivision"
and requires no further review by the Planning Board. Such report
shall be then adopted as the basis for an approval to be reflected
in a memorializing resolution of the Planning Board. Minor subdivision
approval thus memorialized shall be deemed final approval of the subdivision
by the Board, provided that the Board or subcommittee may condition
such approval on terms ensuring the provision of improvements pursuant
to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53.
B.
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.
C.
Whenever review or approval of the application by the County Planning
Board is required by N.J.S.A. 40:27-6.3, 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.
D.
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 Act, 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 Township Engineer and the 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 Act, 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 with the provisions of said Act.[1]
E.
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.
F.
The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or deed pursuant to Subsection D 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 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.
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 the 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.
A.
Preliminary approval of a major subdivision pursuant to N.J.S.A. 40:55D-48 or of a site plan pursuant to N.J.S.A. 40:55D-46 shall, except as provided in Subsection B of this section, confer upon the applicant 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 N.J.S.A. 40:55D-41, 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 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
(3)
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.
B.
In the case of a subdivision or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection A of this section for such period of time, no longer than three years, as shall be determined by the Planning Board to be reasonable, taking into consideration 1) the number of dwelling units and nonresidential floor area permissible under preliminary approval; 2) economic conditions; and 3) 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 1) the number of dwelling units and nonresidential floor area permissible under preliminary approval; and 2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; 3) economic conditions; and 4) the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
C.
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection A(3) or B of this section 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.
D.
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 government 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(3) or B of this section.
E.
A copy of the action taken by the Planning Board shall be forwarded
to the Township Clerk.
A.
The Planning Board 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., provided that in the case of a planned unit development,
planned unit residential development or residential cluster, the Planning
Board may permit minimal deviations from the conditions of preliminary
approval necessitated by change of conditions beyond the control of
the developer since the date of preliminary approval without the developer
being required to submit another application for development for preliminary
approval.[1]
B.
Final approval shall be granted or denied within 45 days after 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
final 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.
C.
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.
D.
The Planning Board may grant final approval subject to conditions
to be formed prior or subsequent to development or a particular stage
or section of development; provided, however, that the Planning Board
shall specify the time for performance of such conditions and shall
not grant approval subject to subsequent submission of additional
information fundamental to an essential element of the development
plan and an informed decision thereon. In the event that development
requires subsequent approval of one or more governmental agencies
other than the Planning Board, the Planning Board shall, prior to
approval, determine the basic feasibility of any fundamental element
of the development plan that is otherwise subject to the jurisdiction
and powers of such other agency or agencies.
E.
A copy of the action taken by the Board shall be sent to the Township
Clerk, and a copy of the final plat shall be sent to the Tax Assessor.
A.
The Planning Board when acting upon applications for preliminary
or minor subdivision or preliminary site plan approval shall have
the power to grant such exceptions from the requirements for subdivision
approval as may be reasonable and within the general purpose and intent
of the provisions for subdivision review and approval of this chapter,
if the literal enforcement of one or more provisions of this chapter
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
B.
The Planning Board shall have the power to review and approve or
deny conditional uses or site plans simultaneously with review for
subdivision approval without the developer being required to make
further application to the Planning Board, or the Planning Board being
required to hold further hearings. The longest time period for action
by the Planning Board, whether it be for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this subsection, notice
of the hearing on the plat shall include reference to the request
for such conditional use.
C.
Consolidated application. The applicant may file a consolidated application for final approval without having made prior application for preliminary approval by submitting a single application for final approval that includes the information required for preliminary approval together with the information required for final approval. The applicant may also file for consolidated disposition of certain elements, stages or sections of the development plan and obtain final approval thereon; provided, however, that preliminary approval shall have been granted as to the remaining elements, stages or sections of the development plan, and provided that adequate terms, conditions and guarantees have been established to insure the completion of the development or the restoration of the site or tract, or portion thereof, to the extent of disturbance. A consolidated application shall be proceeded upon in accordance with the procedure for preliminary approval pursuant to § 310-54 or 310-56. Approval of a consolidated application shall confer the rights provided under § 310-61.
A.
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer pursuant
to N.J.S.A. 40:55D-49, whether conditionally or otherwise, shall not
be changed for a period for 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 N.J.S.A. 40:55D-54. 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 N.J.S.A. 40:55D-54, 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 this act, the granting of final approval terminates
the time period of preliminary approval pursuant to N.J.S.A. 40:55D-49
for the application granted final approval.)
B.
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 A 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 1) the number of dwelling units and nonresidential floor area permissible under final approval; 2) economic conditions; and 3) 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 1) the number of dwelling units and nonresidential floor area permissible under final approval; 2) the number of dwelling units and nonresidential floor area remaining to be developed; 3) economic conditions; and 4) the comprehensiveness of the development.
C.
Whenever the Planning Board grants an extension of final approval pursuant to Subsection A or B 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.
D.
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 A or B of this section.
[Amended 2-4-2016 by Ord.
No. 01-16; 10-15-2020 by Ord. No. 13-20]
A.
Before filing of final subdivision plats or recording of minor subdivision deeds or as a condition of final site plan approval or as a condition to the issuance of a zoning permit, the Township shall require and accept for the purpose of assuring the installation and maintenance of certain on-tract improvements the furnishing of a performance guarantee and provision for a maintenance guarantee in accordance with Subsection A(1) and (2) of this section.
(1)
Performance guarantee.
(a)
The developer shall furnish a performance guarantee in favor
of the Township in an amount not to exceed 120% of the cost of installation
of those improvements required by the approval or developers agreement
to be dedicated to the Township, and that have not yet been installed,
which cost shall be determined by the Township Engineer, according
to the method of calculation set forth in N.J.S.A. 40:55D-53.4, for
the following improvements as shown on the approved plans or plat:
streets, pavement, gutters, curbs, sidewalks, streetlighting, street
trees, surveyor's monuments, as shown on the final map and required
by the Map Filing Law,[1] sanitary sewers, community septic systems, drainage structures,
public improvements of open space and any grading necessitated by
the preceding improvements. The Township 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.
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
(b)
The performance guarantee shall include, within an approved
phase or section of a development privately owned perimeter buffer
landscaping, as required by this chapter or imposed as a condition
of approval. At the developer's option, a separate performance guarantee
may be posted for the privately owned perimeter buffer landscaping.
(c)
In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee," in favor of the Township in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee, required pursuant to Subsection A(1)(a) of this section, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the zoning officer, Township Engineer, or other Township official designated by ordinance. At no time may a Township hold more than one guarantee or bond of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the zoning officer, Township Engineer, or other Township official designated by ordinance upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.
(d)
The developer shall furnish a safety and stabilization guarantee,
in favor of the Township. At the developer's option, a safety and
stabilization guarantee may be furnished either as a separate guarantee
or as a line item of the performance guarantee. A safety and stabilization
guarantee shall be available solely for the purpose of returning property
that has been disturbed to a safe and stable condition or otherwise
implementing measures to protect the public from access to an unsafe
or unstable condition, only in the circumstance that:
[1]
Site disturbance has commenced and, thereafter, all work on
the development has ceased for a period of at least 60 consecutive
days following such commencement for reasons other than force majeure;
and
[2]
Work has not recommenced within 30 days following the provision
of written notice by the Township to the developer of the Township's
intent to claim payment under the guarantee. The Township shall not
provide notice of its intent to claim payment under a safety and stabilization
guarantee until a period of at least 60 days has elapsed during which
all work on the development has ceased for reasons other than force
majeure. The Township shall provide written notice to a developer
by certified mail or other form of delivery providing evidence of
receipt.
(e)
The amount of a safety and stabilization guarantee for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000.
(f)
The amount of a safety and stabilization guarantee for a development
with bonded improvements exceeding $100,000 shall be calculated as
a percentage of the bonded improvement costs of the development or
phase of development as follows:
[1]
For the first $100,000 of bonded improvement costs: $5,000,
plus 2 1/2% of bonded improvement costs in excess of $100,000
up to $1,000,000, plus 1% of bonded improvement costs in excess of
$1,000,000.
(g)
The Township shall release a separate safety and stabilization
guarantee to a developer upon the developer's furnishing of a performance
guarantee which includes a line item for safety and stabilization
in the amount required under this section.
(h)
The Township shall release a safety and stabilization guarantee
upon the Township Engineer's determination that the development of
the project site has reached a point that the improvements installed
are adequate to avoid any potential threat to public safety.
(2)
Maintenance guarantee.
(a)
The developer shall post with the Township, prior to the release of a performance guarantee required pursuant to Subsection A(1)(a), or both Subsection A(1)(a) and (b) of this section, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.
(b)
The developer shall post with the Township, upon the inspection
and issuance of final approval of the following private site improvements
by the Township Engineer, a maintenance guarantee in an amount not
to exceed 15% of the cost of the installation of the following private
site improvements: stormwater management basins, inflow and water
quality structures within the basins, and the outflow pipes and structures
of the stormwater management system, if any, which cost shall be determined
according to the method of calculation set forth in N.J.S.A. 40:55D-53.4.
(c)
The term of the maintenance guarantee shall be for a period
not to exceed two years and shall automatically expire at the end
of the established term.
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 shall be increased or reduced, as the case may be,
to an amount not to exceed 120% of the cost of the installation, which
cost shall be determined by the Township Engineer according to the
method of calculation set forth in N.J.S.A. 40:55D-53.4, 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 Township for the reasonable cost of the improvements
not completed or corrected, and the Township may either prior to or
after 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.
D.
Upon substantial completion of all required street improvements (except
for the top course) and appurtenant utility improvements, and the
connection of same to the public system, the developer may request
a reduction of the performance guarantee following the procedures
set forth in N.J.S.A. 40:55D-53.
E.
Inspection fees.
(1)
The developer shall reimburse the Township for reasonable inspection fees paid to the Township Engineer for the inspection of improvements, which fees shall not exceed the sum of the amounts set forth in Subsection E(1)(a) and (b) of this section. The Township requires the developer to post the inspection fees in escrow in an amount:
(2)
For those developments for which the inspection fees total less than
$10,000, fees may, at the option of the developer, be paid in two
installments. The initial amount deposited in escrow by a developer
shall be 50% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Township Engineer
for inspections, the developer shall deposit the remaining 50% of
the inspection fees.
(3)
For those developments for which the inspection fees total $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited in escrow by a developer
shall be 25% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Township Engineer
for inspection, the developer shall make additional deposits of 25%
of the inspection fees.
(4)
If the Township determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection E(1)(a) and (b) of this section, is insufficient to cover the cost of additional required inspections, the Township may require the developer to deposit additional funds in escrow, provided that the Township delivers to the developer a written inspection escrow deposit request, signed by the Township Engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
F.
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.
G.
To the extent that any of the improvements have been dedicated to the Township on the subdivision plat or site plan, the Township governing body shall be deemed, upon the release of any performance guarantee required pursuant to Subsection A of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Township Engineer.
No maintenance guarantee required pursuant to N.J.S.A. 40:55D-53
need be in cash, nor need more than 10% of a performance guarantee
pursuant to that section be in cash. A developer may, however, provide
at his option some or all of a maintenance guarantee in cash or more
than 10% of a performance guarantee in cash.
The Planning Board shall, for the purposes of N.J.S.A. 40:55D-53,
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 going
solely to the municipality 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
is doing business in this state;
C.
Is for a period of time 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 section 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.
[Added 10-15-2020 by Ord. No. 13-20]
A.
Applicants for major subdivisions and major site plans are required
to enter into a developers agreement with the Township as a condition
of any approvals granted by the Planning Board on an application for
major subdivision plan approval and major site plan approval.
B.
All developers agreements required herein as a result of the grant
of either a major subdivision plan approval or a major site plan approval
shall be prepared by the Township Attorney.
C.
Agreement provisions.
(1)
Developers agreements shall, at a minimum, address the following
issues:
(a)
Resolution compliance.
(b)
Compliance with the approved construction plans for the project.
(c)
Compliance with all applicable Township, county and state requirements.
(d)
Performance guarantees and inspection fees.
(e)
Deadline for completing improvements.
(f)
Remedies for the developer's failure to comply with the developers
agreement.
(g)
Solid waste disposal during construction.
(h)
Right of entry by the municipality during construction for inspections
and testing.
(i)
Preconstruction conference.
(j)
The approval and recording of deeds.
(k)
The acceptance of improvements.
(l)
Drainage and soil erosion during construction.
(m)
Maintenance and protection of traffic.
(n)
Hours of construction.
(o)
Payment of municipal taxes and fees.
(p)
Indemnification and insurance.
(q)
As-built plan.
(r)
Maintenance guarantees.
(s)
Off-tract improvements.
(t)
Affordable housing construction.
(u)
Binding effect.
(2)
When applicable, provisions over and above that indicated above
shall be included in the developers agreement. The inclusion of additional
provisions in the developers agreement shall be at the discretion
of the Township Attorney following receipt and review of the resolution
of approval memorialized by the Planning Board for a particular project.
D.
Developers agreements shall be binding upon the municipality and
the developer and all those who succeed to their right, title and
interest.
E.
Developers agreements, once approved and consummated between the
Township and a developer, shall be recorded in the office of the Morris
County Clerk.
F.
Developers agreements may be amended from time to time where applicable
and with the consent of the Township and the developer. All amendments
to a previously consummated developers agreement shall also be prepared
by the Township Attorney.
The cost of the installation of improvements for the purposes
of N.J.S.A. 40:55D-53 shall be estimated by the Township Engineer
based on documented construction costs for public improvements prevailing
in the general area of the Township. The developer may appeal the
Township Engineer's estimate to the governing body. The governing
body shall decide the appeal within 45 days of receipt of the appeal
in writing by the Township Clerk. After the developer posts a guarantee
with the Township 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.
If the Planning Board includes as a condition of approval of
an application for development pursuant to N.J.S.A. 40:55D-1 et seq.
the installation of streetlighting on a dedicated public street connected
to a public utility, then upon notification in writing by the developer
to the Planning Board 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
portion thereof indicated by section pursuant to N.J.S.A. 40:55D-38,
the Township 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 Township with the
provisions of this section shall not be deemed to constitute acceptance
of the street by the Township.
A.
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plats 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 of 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.
B.
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-47, 40:55D-50, 40:55D-56, 40:55D-61, 40:55D-67, or 40:55D-76.
The signatures of the Chairman and Secretary of the Planning Board
shall not be affixed until the developer has posted the guarantees
required pursuant to N.J.S.A. 40:55D-53. If the County Recording Officer
records any plat without such approval, such recording shall be deemed
null and void, and upon request of the Township, the plat shall be
expunged from the official records.
C.
It shall be the duty of the County Recording Officer to notify the
Planning Board in writing within seven days of the filing of any plat,
identifying such instrument by its title, date of filing, and official
number.
A.
The prospective purchaser, prospective mortgagee, or any other person
interested in any land which forms part of a subdivision, or which
formed part of such a subdivision three years preceding the effective
date of this act, may apply in writing to the administrative officer
of the municipality, 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 or her office.
C.
Each such certificate shall be designated a certificate as to approval
of subdivision of land and shall certify:
(1)
Whether there exists in the Township a duly established Planning
Board and whether there is an ordinance controlling subdivision of
land adopted under the authority of this 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 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 N.J.S.A. 40:55D-1
et seq.
D.
The administrative officer shall be entitled to demand and receive
for such certificate issued 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 to the Township.
A.
Any person who shall acquire for a valuable consideration an interest
in the lands covered by any certificate as to approval of a subdivision
of land in reliance upon the information therein contained shall hold
such interest free of any right, remedy or action which could be prosecuted
or maintained by the Township pursuant to the provisions of N.J.S.A.
40:55D-55.
B.
If the administrative officer designated to issue any such certificate
fails to issue the same within 15 days after receipt of an application
and fees therefor, any person acquiring an interest in the lands described
in such application shall hold such interest free of any right, remedy
or action which could be prosecuted or maintained by the Township
pursuant to N.J.S.A. 40:55D-55.
C.
Any such application addressed to the Clerk of the Township shall
be deemed to be addressed to the proper designated officer, and the
Township shall be bound thereby to the same extent as though the same
was addressed to the designated official.
This section and all development regulations pursuant hereto
and to this chapter shall be construed and applied with reference
to the nature and use of condominium structures or uses without regard
to the form of ownership. No development regulation shall establish
any requirement concerning the use, location, placement or construction
of buildings or other improvements for condominium structures or uses
unless such requirement shall be equally applicable to all buildings
and improvements of the same kind not then or thereafter under the
condominium form of ownership. No approval pursuant to this chapter
shall be required as a condition precedent to the recording of a condominium
master deed or the sale of any unit therein unless such approval shall
also be required for the use or development of lands described in
the master deed in the same manner had such lands not been under the
condominium form of ownership.
A.
No lot shall contain less than the area required for the zone in
which it is located.
B.
Insofar as is practical, side lot lines shall be at right angles
to straight streets and radial to curved streets.
C.
Each lot must front either on a proposed or an existing street.
D.
Where extra right-of-way width has been dedicated for widening of
existing streets, lots shall begin at such extra width line, and all
setbacks and lot area shall be measured from the new line.
E.
Where there is a question as to the suitability of a lot for its
intended use due to factors such as rock formations, flood conditions,
slopes exceeding 15%, wetlands, depth to bedrock of less than four
feet, or similar constraining conditions, the Township Planning Board
may, after adequate investigation, withhold approval of the lot. No
lot shall be approved unless it is shown that there is a contiguous
area on the lot which is free of any of the constraining factors hereinabove
mentioned which is of a size sufficiently large to accommodate the
principal building and any accessory buildings, together with all
access drives, parking areas, and the like constructed in accordance
with all provisions of this chapter.
F.
Corner lots shall have a minimum length or width of 150 feet measured
along each abutting street right-of-way line and shall comply with
minimum lot area required in the zone.
A.
In a major subdivision of 20 building sites or more, easements along
rear property lines or elsewhere for utility installation may be required.
Easements shall be at least 15 feet wide and located in consultation
with the companies or municipal departments concerned.
B.
Where a major subdivision is traversed by a watercourse, drainageway,
channel or street, there shall be provided a stormwater easement or
drainage right-of-way conforming substantially to the lines of the
watercourse and such further width or construction, or both, as will
be adequate for the purpose.
C.
Natural features such as trees, brooks, hilltops and views shall
be preserved whenever possible in designing any major subdivisions
containing such features. Shade trees of three-inch trunk diameter
or more as measured four feet above the ground between the edge of
the graded shoulder and the edge of the right-of-way shall not be
removed without the prior approval of the Township Planning Board.
D.
Where any development is proposed for construction of 50 or more
units of single-family residential housing, or in the case of any
commercial or industrial subdivision, an area must be identified and
used for the storage and disposition of recyclables in accordance
with the provisions of the ordinance of the Township of Mine Hill
establishing a recycling program and requiring the separation of recyclable
material, adopted September 4, 2008, as the same may be amended from
time to time.
A.
A soil erosion and sediment control plan shall be prepared by a licensed
New Jersey professional engineer in accordance with specifications
for soil erosion and sediment control of the Morris County Soil Conservation
District. The soil erosion and sediment control plan shall be submitted
to the Morris County Soil Conservation District for certification
pursuant to N.J.S.A. 4:24-39 et seq. The Planning Board shall not
give unconditional approval to the preliminary plat until receipt
of the Soil Conservation District certification. Any fees or expenses
involved in the review by the District shall be the applicant's responsibility.
B.
The soil erosion and sediment control plan shall be for the entire
tract and shall contain the following:
(1)
Plans and specifications of soil erosion and sediment control measures
in accordance with the standards and specifications for soil erosion
and sediment control of the Morris County Soil Conservation District.
These measures shall apply to all features of construction on the
site, including street and utility installations, as well as protection
of individual lots, and these measures shall be instituted to prevent
or control soil erosion and sedimentation during the various stages
of development.
(2)
A timing schedule indicating the anticipated starting and completion
dates of the development sequence and the time of exposure of each
are a priority to the completion of effective erosion and sediment
control measures.
(3)
The following principles shall be included, where applicable, in
the soil erosion and sediment control plan:
(a)
Stripping of vegetation, regrading or other development shall
be done in such a way that shall minimize soil erosion.
(b)
Whenever feasible, natural vegetation shall be retained, protected
and supplemented.
(c)
The disturbed area and the duration of exposure be kept to a
practical minimum.
(d)
Temporary seeding or mulching shall be used to protect exposed
critical areas during development.
(e)
Provision shall be made to accommodate the increased runoff
caused by changed soil and surface conditions during and after development.
(f)
Sediment in the runoff water shall be trapped until the disturbed
area is stabilized by the use of sediment basins or other acceptable
methods.
(g)
Diversions, sediment basins and so forth shall be constructed
prior to any on-site grading or disturbance of existing surface material.
(4)
Upon the receipt of the report from the Morris County Soil Conservation
District, the Planning Board shall require incorporation of soil erosion
and sediment control measures as it deems appropriate as a condition
of tentative approval of the preliminary plat and approval of the
final plat.
A.
The following lands shall require special consideration by the Planning
Board. In some cases, development should be avoided, and in other
cases, very-low-density development may be permitted. Additional improvements
and safeguards to protect significant environmental features and elements
shall be required.
(1)
Floodplain land. These are lands which lie adjacent to streams and
are periodically inundated as watercourses overflow their banks. These
areas should not be developed with buildings. The ban of development
in this area is to protect the lives and property of those living
in the floodplain and downstream from flooding, prevent increased
flooding downstream and prevent pollution of streams and rivers. All
applicable regulations of the New Jersey Department of Environmental
Protection governing flood hazard area control, N.J.A.C. 7:13-1 et
seq., and water pollution control, N.J.A.C. 17:14-1 et seq., shall
be applicable.
(2)
Areas of excessive slope. These are lands with slopes in excess of
25%. Depending on the nature of the soil-bearing capacity, erosion
factor and degree of slope, development densities may vary from no
building to very low densities with appropriate safeguards. In general,
as slope increases, the density of development should decrease. The
reasons for the decrease are to prevent landslides and erosion and
sedimentation resulting from excessive streams and reduce the capacity
of drainage structures exacerbating flooding in the Township.
(3)
Areas characterized by soil classified as having severe limitations
for development. This is land often characterized by high-water table,
poor bearing capacity, high erosion factors, or shallow depth to bedrock.
Special treatment is necessary to prevent health and safety hazards
and environmental degradation.
(4)
Areas of significant horticultural or conservation features. These
include mountain ridges, valleys, scenic vistas and significant horticultural
features. These areas are valuable because of their beneficial impact
on the social environment and their importance in ecological systems.
Development should be designed to preserve these areas.
(5)
Land suitable for specific purposes. Land suitable for active or
passive recreational purposes, such as baseball fields, tennis courts,
etc., or for other municipal purposes or because of their location,
e.g., adjoining similar lands on adjacent properties.
B.
Applicants using open space zoning to protect the areas indicated
above should submit designs which generally allow for smaller lots
on local streets on flat, well-drained land. Larger lots should be
platted in areas of increasing slope, poorer (but still passable)
percolation and lands closest to floodplains.
C.
Lots adjacent to collector roads shall have greater depths to permit
larger backyards and provision for shrubs and trees to serve as buffers.
Direct residential access to collector or arterial roads shall be
discouraged.
A.
The Planning Board shall have full authority to approve or disapprove
the location and proposed uses of lands required to be dedicated in
accordance with the foregoing.
B.
Dedicated areas proposed to be deeded to the Township shall be deeded
free and clear of all mortgages and encumbrances.
C.
If deeded to a property owners' association, or similar entity, it
shall be deeded spaces, recreation or agricultural use and include
appropriate restrictions to assure the implementation of the purposes
of this chapter and to provide for the maintenance and control of
the area. All provisions of N.J.S.A. 40:55D-43 relating to the establishment
of open space organizations shall be complied with.
Proposals in accordance with this article shall only be approved
by the Planning Board if, in the opinion of the Planning Board, it
will convey some overall benefit to Mine Hill Township or to the general
health, safety and welfare of the neighborhood. Nothing herein shall
be construed as requiring a developer to elect this means of developing
a tract.
A.
The Planning Board as a condition for preliminary and/or final subdivision and site plan approval may require installation by the developer of any one or more of the following types of improvements and such other types as permitted by the Municipal Land Use Law (c. 291, P.L. 1975) in accordance with the standards specified and/or referred to in § 310-78 or the design standards specified and/or referred to in §§ 310-78 through 310-108.
B.
The Planning Board may require a developer as a condition for approval
of a subdivision or a site plan to pay the pro rata share of the cost
of providing reasonable and necessary street improvements, water,
sewage, drainage facilities, and easements therefor, located off tract,
but necessitated or required by construction or improvements within
the subdivision or development. When the Planning Board has determined
that off-tract improvement is required, the Engineer shall furnish
the Board and applicant with a statement of the improvement required,
the estimated total cost thereof, and the properties other than the
applicant which would be benefited by the improvement. He shall also
prepare, in consultation with the Township Assessor, a proposed allocation
of costs among all property owners benefiting from the proposed improvement,
generally in the same manner as calculating assessments pursuant to
N.J.S.A. 40:56-21 et seq. The Board shall then consider the Engineer's
recommendations as well as the comments of the developer or other
affected parties and shall then make its decision as to the applicant's
share of the cost of such off-tract improvements.
C.
The Township Administrator or designee shall be informed of the allocation,
and the Township may elect to install such improvements and assess
all benefited owners in accordance with N.J.S.A. 40:56-21 et seq.
The Residential Site Improvement Standards as adopted in N.J.A.C.
5:21-1.1 et seq. shall apply to all residential construction.
A.
Township standards. All standards and specifications of the Township
as now or hereafter adopted, if any, shall govern the design, construction
and installation of all improvements. Failure of the subdivider, developer,
his contractor or agent to conform to said specifications will be
just cause for the suspension of the work being performed. No developer
shall have the right to demand or claim damages from the Township,
its officers, agents or servants by reason of said suspension.
B.
Other standards. In the event the Township has not adopted standards
for a specific type of improvement, then generally accepted engineering
standards as set forth in engineering and construction manuals as
may be modified by the Township Engineer for a specific situation
shall be used. Gas, electric, telephone and similar utilities shall
be installed in accordance with applicable company, state and federal
requirements.
C.
Grades. All construction stakes and grades shall be set by a licensed
land surveyor in the employ of the subdivider, developer, or contractor,
and a duplicate copy of the notes and cut sheets made therefrom shall
be filed with the Township Engineer.
D.
Inspection. Prior to the start of the construction or installation
of such improvements, the developer shall advise the Township Engineer
in writing at least one week before the commencement of such work.
No underground installation shall be covered until inspected and approved
by the appropriate inspector with specifications or to correct unacceptable
work properly, and said notice shall set forth in detail what has
not been properly installed. If within five days after certified date
of receipt of such notice, the developer has failed to perform in
accordance with the notice, the Township Engineer shall then cause
the notice of failure to comply to be served upon the developer, and
a copy shall be sent to the Township Council and Planning Board and
a stop-work order shall issue suspending all further work until the
unacceptable work has been corrected.
A.
Provisions shall be made to collect stormwaters within the development
and to convey stormwaters from the development to rivers and streams,
drainage ditches or other stormwater conveyor capable of accommodating
flows. The stormwater disposal system shall include all or some of
the following: curbs, catch basins, culverts, pipes, stormwater drains,
swales, drainage rights-of-way, ditches, channel improvements, or
combinations of all or some of the above, where appropriate. It may
also include ground cover, seeding, trees, shrubs, bushes and vegetation.
B.
The stormwater disposal system shall be connected with an approved
system where one exists and shall be adequate for all present and
future development of the subject development or outside areas tributary
thereto.
C.
In the event the water flows to a facility incapable of handling the expected flow and flooding or erosion may result, the developer may be required to improve the stream or facility sufficiently to handle expected flows resulting from the development in question. Design of stormwater systems shall conform to § 310-258.
A.
Provisions shall be made to convey sanitary waste from each subdivision
lot or building forming a part of a site plan through laterals and
interceptors of sufficient size, material and capacity to collectors
and then to truck sewers to public treatment facilities.
B.
Where a public sanitary sewer system is not reasonably accessible,
approved individual septic systems or package plants shall be installed
(provided all applicable state, county and municipal requirements
are met), except that no major subdivision shall be approved without
a public sanitary collection system as noted below.
C.
A subdivider may be required to install within a major subdivision
and a developer within the development a complete sanitary sewer pipe
system ("dry sewer system"), including provisions for the connection
thereto at each structure. Until such time as the public sanitary
sewage disposal system is capable of becoming operable, individual
septic systems or other appropriate and approved waste treatment facility
shall be required.
D.
A sanitary waste disposal system shall include all or part of the
following: pipes and necessary appurtenances such as manholes, lampholes,
pumping stations, drainage tiles, valves, and siphons.
A.
Provision shall be made to provide each lot in a subdivision and
each building in a development plan with an adequate and continuous
supply of potable water.
B.
Where a central water system is reasonably accessible, all lots and
buildings within an approved development shall be connected thereto.
C.
In the event such a system is not reasonably accessible, individual
wells shall be installed for each lot in the subdivision and wells
to adequately serve the buildings forming a part of an approved site
plan shall be installed, except that the subdivider shall be required
to install within the subdivision and the developer within the development
a complete water distribution system, including provisions for connection
to each structure. Until such time as the system is capable of becoming
operable, individual wells shall be installed and utilized, as aforesaid.
D.
A water system shall include all or part of the following: pipes
and necessary appurtenances of sufficient size, material and capacity,
pumps, valves, pumping stations, standpipes and fire hydrants. Fire
hydrants shall be of a design and type approved by the Mine Hill Township
Fire Department and be installed in accordance with its recommendations.
A.
Gaslines, telephone lines, electrical service, cable television,
and similar utilities shall consist of those improvements required
by the applicable utility or by federal or state law.
B.
Renewable energy resources. The Board may, in its discretion, require
that buildings or structures use renewable energy sources.
Such improvements shall include all or part of the following:
street paving, curbs, gutters, sidewalks, driveway aprons, parking
areas, streetlighting, traffic signs, traffic control devices, guard
rails and other street improvements.
B.
Street signs and names. The design and location of all street signs
shall be approved by the Planning Board. The name of all new streets
shall be approved by the Planning Board. Streets shall not have a
name which tends to be confused with existing streets.
C.
Sidewalks. Sidewalks where required shall be a minimum of four feet in width and shall meet the design specifications of § 310-89D.
D.
Parking areas. Adequate provision shall be made for off-street parking in accordance with § 310-89F.
E.
Traffic signs and control devices. These improvements, such as stop,
yield, one-way signs, etc., shall be designed and installed in accordance
with applicable federal, state, and county regulations. Recommendation
as to their installation may be made by the Police Department or other
competent agency.
F.
Guard rails. These shall be designed to prevent cars from leaving
the road. They shall be installed where danger exists to the traveling
public due to steep topography, narrow roadways, location of drainage
ditches, or other similar conditions.
These improvements shall include all or some of the following:
shade trees, topsoil, earth removal, borrow and fill, improvements
to prevent erosion and landslides, improvements to prevent damage
to adjacent property.
A.
Shade trees. Not less than two shade trees shall be provided on each
lot and located in accordance with Township specifications. New trees
where required shall be nursery grown stock, balled and burlapped,
and not less than two-inch caliper measured one foot from the root
system, planted and double staked. Trees shall be of the following
types: sugar maple; small or large leaf linden; sweet or sour gum;
male ginkgo; white, black, scarlet, pin and red oak; or any other
type approved by the Planning Board.
B.
Street trees. Street trees shall be planted 50 feet on center on
both sides of the street.
All lots shall require monuments of such size and shape as required
by the Map Filing Law (N.J.S.A. 46:26B-1 et seq.) and shall be placed
in accordance with said statute.
The development of all approved site plans and subdivisions
shall observe the design standards and requirements, except where
the Residential Site Improvement Standards adopted by the Department
of Community Affairs are applicable.
Where either or both an Official Map or Master Plan has or have
been adopted, the development plan shall conform to the proposals
and conditions shown thereon. The streets, drainage rights-of-way,
flood-control basins, school sites, public parks and playgrounds or
other public areas shown on an officially approved Master Plan or
Official Map shall be shown on all subdivision and site plan plats,
unless the Planning Board determines for good cause shown not to require
the reservation of such public areas for one year from date of final
approval in accordance with N.J.S.A. 40:55D-44.
A.
Unless during such one-year period, or within such further time as
may be agreed to by the developer, the Township shall have entered
into a contract to purchase or instituted condemnation proceedings
for the fee or a lesser interest in the land comprising such streets,
ways, basins or other public areas, the developer shall not be bound
by such reservations shown on the plat and may proceed to use such
land for private use in accordance with applicable development regulations.
B.
This provision regarding a one-year reservation shall not apply to
streets, roads, flood-control basins or public drainageways necessitated
by the subdivision or land development and required for final approval.
C.
The developer shall be entitled to just compensation for actual loss
found to be caused by such temporary reservation and deprivation of
use, determined as provided in N.J.S.A. 40:55D-44.
Except as otherwise provided in this chapter, the design standards
for streets, roadways, curbs, sidewalks, driveways, signs, lights,
storm drainage, water mains, sanitary sewers and related improvements
shall meet the requirements of and be constructed, installed and located
in accordance with "Standard Construction Details and Specifications,
Township of Mine Hill, County of Morris, New Jersey," dated February
1976, prepared by John Cilo, Jr., P.E. and L.S., Township Engineer,
consisting of two sheets of drawings, copies of which were attached
to and made part of the Township Road Specification Ordinance adopted
April 8, 1976. Said construction specifications are hereinafter referred
to as "Township Standard Construction Details" and are incorporated
herein and made a part hereof as if set forth in full.
A.
Street right-of-way and pavement widths.
(5)
Cul-de-sac or dead-end turnarounds. Cul-de-sac or dead-end turnarounds
shall have a minimum radius of 50 feet on the curb, with a right-of-way
radius of 60 feet.
(6)
Internal roads. The right-of-way and pavement widths for internal
roads in multifamily, commercial and industrial developments and zones
shall be determined on an individual basis and shall in all cases
be of sufficient width and design to safely accommodate the maximum
traffic, parking, loading, and access for firefighting equipment,
but in no case shall such widths be less than those required herein
for marginal access streets or the pavement and design less than "Class
B" road specifications as hereinafter set forth.
(7)
Sight triangle. At all street intersections, fences, landscaping,
grading or other obstruction to vision exceeding 24 inches in height
above the established grade of the street at the property line shall
not be erected or maintained on any lot within the triangle formed
by a line drawn between a point 100 feet distant along the main street
sideline and a point 30 feet distant along the side street sideline
from their point of intersection.
(8)
Widening existing streets. Developments that include existing streets
which do not conform to pavement and/or right-of-way widths as shown
on the Master Plan or Official Map shall dedicate and improve to Township
specifications additional width along the side or sides of said road
abutting the property being developed. If the development adjoins
one side of an existing road which does not meet standards, only 1/2
of the required extra width shall be dedicated and improved to Township
specifications.
B.
Street pavement specifications.
(1)
All materials and methods of road construction shall be in accordance
with the specifications approved and followed by the New Jersey Department
of Transportation as set forth in its manual entitled "Standard Specifications
for Road and Bridge Construction of the New Jersey State Highway Department,"
dated 1961, as amended, supplemented and revised.
(2)
All streets (roads) shall be designed, constructed and paved in accordance
with "Class A" road specifications as follows:
(a)
Two inches (compacted) FABC-1 (mix No. 5) surface course on
five inches bituminous stabilized base course (stone mix No. 1) on
a subbase of three inches (minimum) of soil aggregate Type 5, Class
"A" on an approved subgrade.
(b)
Where conditions warrant, alternative pavement designs in accordance
with the Asphalt Institute Manual Series No. 1 (MS-1), Revised, Eighth
Edition, August 1970, may be submitted for consideration and approval
to the Township Planning Board.
(3)
Where "Class A" specifications are determined by the Planning Board
to be inappropriate with respect to the construction of marginal access
streets, the extension of existing minor streets or marginal access
streets, or the construction of internal roads in multifamily, commercial
or industrial developments, taking into consideration existing conditions,
the right-of-way and pavement widths of existing streets adjoining
the area(s) in question, and the type of construction of such adjoining
street or streets being extended, the Planning Board may approve upon
request of the developer and recommendation of the Township Engineer
the construction of roads in accordance with "Class B" road specifications,
as follows:
(a)
Two inches (compacted) FABC-1 (Mix No. 5) surface course on
five inches bituminous stabilized base course (stone mix No. 1) on
a subgrade approved by the Township Engineer.
C.
Street design standards.
(1)
Grades. Grades of arterial and collector streets shall not exceed
6%. Grades of all other streets (roads) shall not exceed 12%. No street
shall have a minimum grade less than 0.5%.
(2)
Curbing.
(a)
Curbing shall be constructed on both sides of all streets.
(b)
Granite block curbing shall be constructed unless concrete curbing
is required to meet requirements for state or county roads, or is
deemed more appropriate by the Township Planning Board on the recommendation
of the Township Engineer, based upon existing conditions.
(c)
Granite block and concrete curbing shall be constructed, installed
and located in accordance with "Township Standard Construction Details."
(3)
Intersections. Street intersections shall be laid out as nearly at
right angles as possible and in no case shall be less than 70°.
The block corners at intersections shall be rounded at the curbline
with a curb having a radius of not less than 35 feet. Sight easements
shall be provided by developer at street intersections and/or at curves
or deflection points on streets in order to allow for proper sight
distance, wherever deemed necessary by the Planning Board on advice
from the Township Engineer.
(4)
Jogs. Street jogs with center-line offsets of less than 125 feet
shall be prohibited.
(5)
Reverse curves. A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
(6)
Connecting streets. When connecting street lines deflect from each
other at any one point by more than 10° and not more than 45°,
they shall be connected by a curve with a center-line radius of not
less than 300 feet for minor streets and 600 feet for arterial and
collector streets.
(7)
Grade changes. All changes in grade shall be connected by vertical
curves of sufficient radius to provide a smooth transition and proper
sight distance.
(8)
Dead-end streets. All dead-end streets shall not be longer than 600
feet and shall have a turnaround installed with a curb radius of 50
feet and shall be tangent wherever possible to the right side of the
street. When a dead-end street terminates at an adjoining property
line and where it is possible to extend the street at a future time,
the turnaround right-of-way shall be considered temporary in nature,
and provision shall be made for future extension of the street and
reversion of the excess right-of-way to the adjoining property or
properties. Wherever a temporary or permanent turnaround is proposed
on any street, the front yard setback line shall be measured from
the right-of-way line of the turnaround.
D.
Sidewalks.
(1)
Sidewalks shall be concrete, with a minimum width of four feet and
a minimum thickness of four inches.
(2)
Sidewalks shall be constructed on both sides of all new streets or
on extensions of all existing streets, unless deemed inappropriate
and waived by the Township Planning Board on the recommendation of
the Township Engineer, taking into consideration existing conditions,
including the location of sidewalks, if any, on adjoining and nearby
streets.
(3)
All sidewalks shall be constructed in accordance with "Township Standard
Construction Details."
E.
Driveways. Driveway openings, aprons, and widths shall be constructed
and located in accordance with "Township Standard Construction Details"
and shall not have a grade in excess of 15% within 40 feet of the
road right-of-way and shall meet the street at grade unless otherwise
approved by the Planning Board. Wherever appropriate, driveways shall
be so designed as to allow vehicles to turn around on the lot in order
to make it unnecessary to back any vehicle onto the street.
F.
Parking areas.
(1)
All parking and loading areas shall be paved with two inches (compacted)
FABC-1 (mix No. 5) surface course on three inches bituminous stabilized
base course (stone mix No. 1) on a subgrade approved by the Township
Engineer. Provision shall be made for adequate drainage facilities
for all parking, loading and storage areas. All such installations
shall be connected with an adequate approved system and shall be adequate
to accommodate the storm drainage runoff of the facility it is designed
to serve. All drainage facilities shall be approved by the Township
Engineer prior to Planning Board approval.
(2)
All parking spaces within any parking area shall be clearly marked
and maintained to show the parking arrangement within said parking
area.
(3)
All lighting for off-street parking areas shall be so arranged and
shielded as to reflect the light downward and prevent any light from
shining directly on adjoining streets, residential zones and residential
buildings.
(4)
All parking areas shall be effectively screened on any side which
abuts or faces any premises situated in any residential zone, by a
fence, wall or hedge at least five feet in height, maintained in good
condition, if required by the site plan approved by the Planning Board;
provided, however, that such fence, wall or hedge may be waived by
the Planning Board if, because of topographic or other extraordinary
or exceptional conditions, the same shall not be necessary to protect
any abutting or facing premises situated in any residential zone.
(5)
If any fence, wall or hedge shall have been required for any parking
area, then said fence, wall or hedge shall be protected by a concrete
curb or bumper guard, or the equivalent, which shall run parallel
to said fence, wall or hedge, be at least five inches in height above
the paved surface adjacent to said fence, wall or hedge, and be a
sufficient distance therefrom to protect said fence, wall or hedge
from the impact of motor vehicles. Utility poles or railroad ties
shall not be used to meet required curbing or bumper guards.
(6)
If any parking area shall have been permitted in any front yard,
the Planning Board shall have the power to require a concrete curb,
bumper guard, or the equivalent, at least five inches in height above
the paved surface, along and parallel to any landscaped area in the
front yard as sufficient to protect the same from the impact of motor
vehicles.
(7)
All parts of all yards not used for off-street parking areas shall
be adequately landscaped, subject to approval by the Planning Board,
and maintained in good condition.
(8)
All such parking areas shall be used only for the parking of automobiles.
No commercial repair work or sales of any kind shall be conducted
in any parking areas. No sign other than entrance, exit, identification
and conditions of use signs shall be maintained in any parking area.
No such sign shall be larger than four square feet in area. Nothing
herein contained shall be construed to permit any required parking
area to be used for the commercial storage of new or used motor vehicles
by a new or used car dealer or motor vehicle rental agency.
(9)
All parking areas and structures shall be provided with adequate means of ingress and egress which shall be kept open and unobstructed at all times and which shall be designed to provide service driveways or aisles to meet the minimum standards as provided in the Zoning Ordinance of the Township as amended and reenacted by Part 6, Zoning, of this chapter.
(10)
Generally, the requirements and design standards for off-street
parking in the Zoning Ordinance of the Township shall be met.
A.
General. Block length and width or acreage within bounding roads
shall be such as to accommodate the size of the lot required in the
area by the Zoning Ordinance and to provide adequately for sewage
disposal, convenient access, circulation, control and safety of street
traffic.
B.
Pedestrian crosswalks. In blocks over 1,000 feet long, public rights-of-way
through the blocks may be required in locations deemed necessary by
the Planning Board. Such rights-of-way shall be at least 10 feet wide
and be straight from street to street. Block sizes for group housing,
business or industrial use shall be sufficient to meet all area and
yard requirements for such use.
C.
Easements. Rights-of-way and easements within blocks in commercial,
business or industrial areas shall be not less than 20 feet in width.
A.
Sidelines. Insofar as is practical, side lot lines shall be at right
angles to streets and radial to curved streets.
B.
Setbacks. Where land has been dedicated for a widening of existing
streets, lots shall begin at such new street line as may have been
established, and all setbacks shall be measured from such line.
C.
Substandard suitability. Where there is a question of the suitability
of a lot or lots for their intended use due to factors such as rock
formations, flood conditions, high-water table, sewage disposal, excessive
topographic slope or similar circumstances, the Planning Board may,
after adequate investigation, with professional assistance, if deemed
necessary, withhold approval of such lots.
D.
Lots on arterial or collector streets. Lots fronting on arterial
or collector roads shall, at the discretion of the Planning Board,
be serviced by a marginal access road or reverse frontage, or be required
to provide driveways with turnarounds.
E.
Frontage on approved street. Each new building lot created by a subdivision
plan must front upon an approved street right-of-way of at least 50
feet in width.
Street signs, wood barriers and guard rails, fire hydrants and
shade trees shall be constructed, installed (planted) and located
in accordance with the "Township Standard Construction Details."
A.
Adequate and proper storm drainage must be provided for and shall
be of a size and quality satisfactory to the Township Engineer. Where
stormwater or other type of surface water is to be discharged on or
over other lands not owned by the developer, formal easements, duly
executed and acknowledged by each and every owner affected, must accompany
the preliminary plat. Where stormwater or other type of surface water
is discharged into existing streams or waterways, provisions must
be made for off-site drainage improvements where determined to be
necessary by the Township Engineer. Where a developer diverts, relocates
or otherwise encroaches on an existing stream or waterway, approval
must be obtained from the proper state agency and the Township Council.
B.
Storm drainage construction shall be reinforced concrete culvert
pipe and shall meet all the specifications and requirements of the
"Township Standard Construction Details."
C.
Design criteria for storm drainage shall be in accordance with the
"Land Development Standards of the County of Morris, N.J.," adopted
by the Morris County Board of Chosen Freeholders, May 26, 1971.
D.
Drainage easements. Where a development is traversed by a watercourse,
drainageway, channel or stream, there shall be provided an easement
or drainage right-of-way at least 20 feet wide on each side conforming
substantially with the lines of such watercourse, and such further
width as will be adequate for the purpose of disposing of stormwaters
and for flood control. Such easements shall be deeded to the Township
prior to final approval, if so required by the Planning Board.
All water mains shall be cement-lined ductile iron pipe with
a minimum diameter of eight inches, class two walls with a minimum
cover of three feet and constructed, located and installed in accordance
with the "Township Standard Construction Details."
A.
Sanitary sewers shall be constructed of asbestos cement sewer pipe
with a minimum strength of Class 3300 and a minimum diameter of eight
inches.
B.
House connections shall be a minimum diameter of four inches, a minimum
strength of Class 3300 and shall not be connected into a manhole.
C.
Sanitary sewers shall meet all the requirements of the "Township
Standard Construction Details."
Streetlights shall be installed at street intersections along
vertical and horizontal curves, at the end of dead-end streets and
shall be spaced approximately 300 feet apart.
In all major subdivisions and developments submitted for site plan approval in excess of two acres, electric and telephone utility lines and appurtenances and cable TV lines shall be underground in accordance with the provisions of § 310-89, which shall be applicable to both subdivisions and such developments. In any particular situation where the applicant can clearly demonstrate that because of unusual topographic conditions or other unusual conditions having to do with the land, the installation of such utilities underground is impracticable or otherwise not feasible due to such conditions, then the Planning Board, in its discretion, may waive this requirement for underground installation. All underground utility work which will be under the pavement of streets and internal roadways shall be laid sufficiently in advance to allow for complete settlement of the trenches, and in no event shall construction work be permitted over such excavation which, in the opinion of the Township Engineer, has not properly settled.
A.
Setback from streams and other bodies of water. No building shall
hereinafter be erected, altered, added to or enlarged within a distance
of 25 feet from the high-water mark of any water body, watercourse
or wetland area as determined by the Township Engineer in accordance
with sound engineering practices. The Planning Board, in addition,
shall require an easement of no less than 20 feet along each side
or edge of said water body, watercourse or wetland area.
B.
Floodway and flood hazard areas. No permanent building or any enlargement
of same shall be located in a floodway or flood hazard area as specified
in any official document delineating said areas. Any area designated
as a floodway or flood hazard area shall not be filled in or altered
in any way for the purpose of constructing, enlarging, altering, or
rebuilding a structure within a designated floodway or flood hazard
area.
A.
Every site plan shall show an area reserved for trash or refuse pickup
as approved by the Planning Board. Such area shall be so located on
the premises that solid waste trucks have access to such area at all
times.
B.
Solid waste and recycling requirements. Any application for site
plan approval or subdivision approval for the construction of multifamily
dwellings of three or more units, single-family developments of 50
or more units or any commercial, institutional or industrial development
shall include provisions on the site for the storage and disposition
of solid waste and source-separated recyclable materials. The application
shall contain, at a minimum, the following:
(1)
A detailed analysis of the estimated composition and amounts of solid
waste and recyclables generated at the proposed development.
(2)
One or more locations shown on the site plan that provide for the
convenient storage and disposition of recyclable materials and solid
waste by all owners, tenants and occupants. Any such area shall comply
with all setback limitations, and no such area shall be located in
front of a principal building. Any recycling and/or solid waste storage
area shall be provided on an impervious surface and be screened from
view by enclosing it within a building, or by a solid fence and/or
landscaping, as approved by the Board. It shall be of sufficient size,
convenient location and contain other attributes, including signage
and lighting, as may be proposed by the applicant after consultation
with the Municipal Recycling Coordinator and the Township Engineer.
(3)
The location of recycling areas shall be convenient for the disposition
of source-separated recycling materials and may be near, but clearly
distinct from, a refuse dumpster.
(4)
Recycling/solid waste areas shall have adequate lighting and shall
be safely and easily accessible to owners and tenants, collection
personnel, motor vehicles and collection vehicles without interference
from parked cars or other obstacles.
(5)
Recycling areas and any bins or containers placed therein shall be
designed so as to provide protection against adverse environmental
conditions. Any bins or containers used for the collection of recyclable
paper or cardboard, and which are located in an outdoor recycling
area, shall be equipped with a lid or otherwise covered so as to keep
the paper and cardboard dry.
(6)
Signs clearly identifying the recycling area and the materials accepted
therein shall be posted adjacent to all points of access to the recycling
area. Individual bins or containers shall be equipped with signs indicating
the materials to be placed therein. All proposed signs shall be shown
on the plans and approved by the Board.
(7)
Landscaping and/or fencing shall be shown on the plans and provided
around any outdoor recycling area and shall be developed such that
the enclosure shall be constructed of similar materials as the main
structure and be secured with a gate.
A.
The location, design or construction of any building shall not be
likely to involve risks of traffic congestion, public safety or hazard.
B.
The design or construction of any building or use shall not be so
markedly incongruous with the character of the neighborhood as to
materially affect the value of adjacent or nearby property.
Performance with respect to final subdivision or site plan approval shall be guaranteed in accordance with § 310-62.
A.
Applications for a conditional use permit pursuant to N.J.S.A. 40:55D-67
and controlling sections of this chapter shall be granted or denied
within 95 days of submission of a complete application by the applicant,
or within such further time as may be consented to by the applicant.
B.
The time period for action by the Planning Board on conditional uses shall govern the accompanying site plan review, if any. The granting of a conditional use permit in conjunction with preliminary site plan approval shall grant to the applicant the rights applicable to preliminary site plans as contained in § 310-58 and shall subject the applicant to the requirements of final approval of such site plan as contained in this chapter and in the Municipal Land Use Law.
C.
The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to Article XXIV, notice of the hearing on the plat shall include reference to the request for such conditional use.
Every application for preliminary major subdivision and preliminary site plan approval shall be accompanied by 20 copies of an environmental impact statement containing such data, information and analysis as required by the environmental impact statement guidelines of Article XXVIII of this chapter. The Planning Board is authorized to determine in light of the size, type of uses involved, the extent of the proposed changes to the existing topography, density and extent of development, and similar factors bearing upon the impact of the proposed project upon the environment, which requirements, if any, of said guidelines may be termed unnecessary or inappropriate and, therefore, waived with respect to any particular environmental impact study and statement.
A.
The Planning Board shall forward seven copies of every environmental
impact statement to the Township Environmental Commission, which may
furnish comments thereon to the Planning Board.
B.
The Planning Board may select among alternative proposals in the
environmental impact statement and may establish conditions considered
necessary to eliminate or minimize any temporary or permanent adverse
on-site or off-site environmental effects of the proposed development.
A.
All plans for soil erosion and sedimentation control required by this chapter as part of an application for site plan or subdivision approval shall be prepared with reference to the standards established by the relevant sections of the environmental impact statement guidelines, Article XXVIII of this chapter, adopted August 28, 1974, as amended May 8, 1975, and as further amended hereby.
B.
In submitting a plan for soil erosion and sediment control as part
of a subdivision or site plan, the requirements of the "Soil Erosion
and Sediment Control Act" (c. 251, P.L. 1975) shall be satisfied,
including submission of such plan to the Soil Conservation District
and/or Morris County Planning Board for review and approval, if so
required by said Act and controlling County Planning Board development
review regulations.
A.
No building permit for any lot in a subdivision or for any development plan involving the construction, reconstruction, structural relocation or enlargement of any building or other structure requiring site plan review and approval pursuant to Article VI of this chapter shall be issued by the Township Construction Code Official until final subdivision or site plan approval (as the case may be) has been granted pursuant to this chapter.
B.
Whenever a building permit has been issued after final approval of
a development plan, no certificate of occupancy shall be issued for
the subject property until all improvements shown upon the development
plan have been installed in accordance with the plans therefor. The
Township Engineer shall submit to the Planning Board and to the Construction
Code Official a written report with respect to streets, sidewalks,
internal roadways, curbing, and off-street parking, landscaping, stormwater
disposal, sanitary sewage disposal and all other utilities and outdoor
lighting when such improvements have been installed in accordance
with the plans therefor. The Construction Code Official shall submit
a written report to the Planning Board when all other improvements
have been installed in accordance with the plans therefor. No certificate
of occupancy shall be issued for a period of 10 days after the Planning
Board has received the foregoing report. In the event that the Chairman
or Secretary of the Planning Board shall, within such period of 10
days, notify the Construction Code Official that any improvement has,
in the opinion of the Board, not been installed in accordance with
the development plan, the Construction Code Official shall not issue
a certificate of occupancy until the Planning Board authorized its
issuance.
C.
Whenever a building permit has been issued for a lot in a subdivision
after final subdivision approval, no certificate of occupancy shall
be issued until all improvements or all improvements for the section
of the subdivision (if approval has been secured in sections) in which
the lot in question is located have been installed in accordance with
the approved plans therefor to the satisfaction of the Township Engineer;
provided, however, monuments, shade trees, buffer and screening plantings
and fencing, sidewalks and street signs, traffic control signs and
devices requiring state and/or county approval, need not be completed
to secure a certificate of occupancy if the performance and maintenance
guarantees with respect to such improvements remain in full force
and effect and the time for completing such improvements under the
terms of such guarantees has not yet expired. The finished or top
course of the road must, however, be completed to secure a certificate
of occupancy.
(1)
Whenever final approval is obtained for a section of a subdivision,
then all of the improvements for that section shall be completed in
all respects and inspected and approved by the Township Engineer before
any certificate of use and occupancy shall be issued for any building
on any lot in any succeeding section of the subdivision.
D.
Failure to comply with any of the conditions of site plan or subdivision
approval subsequent to the receipt of a building permit or certificate
of occupancy, as the case may be, shall be construed to be a violation
of this chapter and shall be grounds for the revocation of any such
building permit or certificate of occupancy. Written notice of revocation,
sent by certified mail, by the Construction Code Official, requiring
compliance with the conditions of site plan or subdivision approval
within a period of time of not less than five days, shall effectively
revoke any building permit or certificate of occupancy, as the case
may be, if compliance shall not be made within the time limit set.
E.
Temporary certificate of occupancy for site plans. The Planning Board,
upon recommendation of the Construction Code Official, may grant a
temporary certificate of occupancy for a specified period of time
not exceeding six months if weather or other conditions beyond the
control of the developer prevent compliance with the conditions of
final site plan approval, provided the performance guarantees posted
at time of final approval adequately cover the items not completed
or performed in accordance with such final approval. No temporary
certificate of occupancy shall be issued for any house in a subdivision
or for any residential unit forming a part of a site plan.
F.
Development plan changes. The Construction Code Official or Township
Engineer, as the case may be, may authorize minor variations in the
site plan or subdivision caused by field conditions or other practical
considerations. The Construction Code Official shall notify the Planning
Board of any such change in writing prior to implementation and the
Planning Board may revoke such authorization if it determines the
proposed change is not a minor variation, provided it notifies the
developer and Engineer of such revocation within 10 days of receipt
of such notification.
A.
In general; purpose. Where there are indications or it is known that
the site in question and/or areas in close proximity thereto have
previously been mined, accurate and detailed maps, information and
data shall be furnished as a part of the development plan in question
to permit the Planning Board to analyze the impact of any previous
mining operations upon the proposed project for the purpose of determining
the desirability and feasibility of such proposed development, taking
into consideration the safety, health and welfare of the residents
of the Township and other persons who are likely to use or be affected
by the proposed development.[1]
B.
Existing information to be made available. The Township shall make
available upon request to the applicant all maps, information and
data regarding mines, and mining operations in or near the Township
which it has compiled as part of any Master Plan study, natural resources
inventory or environmental impact studies and reports. The applicant
shall be charged the cost to the Township of reproducing any such
maps, data and information for use by the applicant.
C.
Information and details required. All maps, reports, and other information prepared by the applicant for submission to the Planning Board as part of a development application to address issues pertaining to previously mined areas shall be prepared in accordance with the provisions in § 310-149, Designation of environmentally sensitive areas, of this chapter.[2]
D.
Information and details required. The maps, information and data
to be furnished by applicant to the Planning Board regarding previous
mining operations on and/or in close proximity to the development
site in question shall include:
(1)
Location of all mines and mine openings.
(2)
Extent of mines, including depth, angle of descent and length
of all mines, mine openings and shafts.
(3)
Proximity to surface of all mines located on or affecting development
on the subject site.
(4)
Identification of areas subject to subsidence.
(5)
Effect and limitation upon building and development of each
mine and mine opening.
(6)
Impact upon groundwater supply, wells and related water problems.
(7)
Impact upon stormwater drainage, flooding and related problems.
(8)
Impact upon any proposed individual or package sewage disposal
system(s) proposed for use as part of the proposed development.
(9)
Efforts to date, if any, to seal, cap or otherwise render the
mines safe for building, development or use of the land affected by
the mines in question.
(a)
An analysis and detailed description of procedures proposed
for sealing, capping or otherwise rendering the mines safe to permit
development and use of the property as proposed by the applicant and
the development plan before the Planning Board.
(10)
A description of and copy of the results of each test made on
or in proximity to the subject property to determine the exact location
of the mines in question, the extent of same and their impact, effect
and limitation upon the proposed development.
(a)
An analysis and detailed description of test procedures proposed
for accurately locating and determining the extent of such previous
mining operations and impact and limitation upon the proposed development
of the subject property; including applicant's proposal regarding
when and by whom such tests will be performed.
(11)
Topographical, slope, soils, depth to bedrock, hydrological
and geological information relevant to the mines and mine areas in
question, including data regarding faults, folds, underground fissures
and underground streams, watercourses and sources.
(a)
Description and identification of the various sources relied
upon in compiling and producing the information required by this subsection.
(12)
Such other information and data as the Planning Board may reasonably
require regarding previous mining operations to permit the Planning
Board to determine with reasonable certainty the impact of such operations
upon the proposed development in accordance with the purposes and
objectives of this subsection.
E.
Required testing. If the Planning Board determines that existing
information and data is not sufficiently accurate or complete to permit
it to properly analyze the impact of such previous mining operations
upon the proposed development, the Board shall require applicant at
his expense to perform such tests as the Planning Board determines,
upon the recommendation of the Township Engineer and such other experts
as it may decide to consult, are necessary to secure the information
necessary and to properly complete its evaluation of the effect of
such mines upon the proposed development.
F.
Denial of approval. The Planning Board shall not grant preliminary
site plan, preliminary major subdivision or minor subdivision approval
to any proposed development if:
(1)
The information and data regarding previous mining operations
is not sufficiently accurate or complete to permit the impact upon
the proposed development to be determined with reasonable certainty;
or
(2)
Because of the adverse impact of such previous mining operations
upon the proposed development, it is not desirable or feasible to
permit such development, taking into consideration the safety, health
and welfare of the residents of the Township and other persons who
are likely to use or be affected by the proposed development.
A.
Authorization. The Planning Board when acting upon applications for preliminary and final site plan approval and for preliminary and final major subdivision approval and minor subdivision approval shall have the power to grant such exceptions from the requirements of this chapter (other than provisions of Part 6) as may be reasonable and within the general purpose and intent of the provisions for site plan and subdivision review and approval as set forth in this chapter, if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
B.
Findings. In making its findings, as required herein below, 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:
(1)
That there are special circumstances or conditions affecting
such property such that application of the provisions of this chapter
would deprive the applicant of the reasonable use of his land.
(2)
That the deviation is necessary for the preservation and enjoyment
of a substantial property right of the applicant.
(3)
That 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.
C.
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 on 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 sufficiently serious nature, it may require a public hearing to be held in accordance with § 310-31. 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.
A.
Pursuant to the powers established in N.J.S.A. 40:55D-42, the following
standards are hereby promulgated with respect to determining the proportionate
or pro rata share of an applicant for a required off-tract improvement.
Prior to the granting of final approval of a subdivision, the subdivider
or other named type of applicant, both hereinafter referred to as
"the applicant," shall have installed or made cash payments, in the
manner provided for below with respect to the immediate or ultimate
installation of any required off-tract improvement.
(1)
Allocation of costs; criteria in determining allocation. The
allocation of costs for off-tract improvements as between the applicant,
other property owners and the Township, or any one or more of the
foregoing, shall be determined by the Planning Board with the assistance
of the appropriate Township agencies on the basis of the total cost
of the off-tract improvements, the increase in market values of the
property affected and any other benefits conferred, the needs created
by the application, population and land use projections for the general
area of the applicant's property and other areas to be served by the
off-tract improvements, the estimated time of construction of the
off-tract improvements and the condition and periods of usefulness,
which periods may be based upon the criteria of N.J.S.A. 40A:2-22.
The following criteria may also be considered as well as any other
reasonable criteria which would aid in said determination:
(a)
Street, curb, gutter, sidewalk, shade trees, streetlights, street
signs and traffic light improvements may also be based upon the anticipated
increase of traffic generated by the application. In determining such
traffic increase, the appropriate board may consider traffic counts,
existing and projected traffic patterns, quality of roads and sidewalks
in the area and other factors related to the need created by the application
and the anticipated benefit thereto.
(b)
Drainage facilities may also be based upon or be determined
by the drainage created by or affected by any particular land use
considering:
[1]
The percentage relationship between the acreage of the application
and the acreage of the total drainage basin;
[2]
The use of a particular site and the amount of area to be covered
by impervious surfaces on the site itself;
[3]
The use, condition or status of the remaining area of the drainage
basin; and
[4]
Water storage facilities, water mains, valves, hydrants and
other related facilities may also be based upon or determined by the
increase in required water facilities generated by the application.
Each commercial or industrial facility must bring Township water to
the property.
(2)
Improvements to be constructed at the sole expense of the applicant.
In cases where reasonable and necessary need for an off-tract improvement
or improvements is necessitated or required by the proposed development
application and where no other property owners receive a special benefit
thereby, the appropriate board may require the applicant, as a condition
of approval, at the applicant's expense, to provide for and construct
such improvements as if such were on-tract improvements in the manner
provided hereafter and as otherwise provided by law.
(3)
Other improvements.
(a)
In cases where the need for any off-tract improvement is necessitated
by the proposed development application and where the appropriate
board determines that properties outside the development will also
be benefited by the improvement, the board shall forthwith forward
to the governing body a list and description of all such improvements
together with its request that the governing body determine and advise
the appropriate board of the procedure to be followed in the construction
or installation thereof. The board shall act upon the development
application within the prescribed time period subject to receipt of
the governing body's determination.
(b)
The governing body, within 45 days after receipt of said list
and description shall determine and advise the appropriate board whether:
[1]
The improvement or improvements are to be constructed or installed
by the municipality:
[a]
As a general improvement, the cost of which is
to be borne at general expense (except as hereinafter otherwise provided
as to contribution thereto by the applicant); or
[b]
As a local improvement, all or part of the cost
of which is to be specially assessed against property benefited thereby
in proportion to the benefits conferred by the improvements in accordance
with law (except as hereinafter otherwise provided as to a contribution
thereto by the applicant); or
[2]
The improvement or improvements are to be constructed or installed
by the applicant under a formula for partial reimbursement as hereinafter
set forth.
(c)
If the governing body shall determine that the improvement or
improvements shall be constructed or installed as a general improvement
under Subsection A(3)(b)[1][a] hereinabove, the appropriate board
shall estimate, with the aid of the municipal professional engineer
or such other persons as have pertinent information or expertise,
the amount, if any, by which the total cost thereof will exceed the
total amount by which all properties, including the proposed development,
will be specially benefited thereby, and the applicant shall be liable
to the municipality for such excess and shall pay to the municipality
said excess as hereinafter set forth. Further, the governing body
may adopt an ordinance authorizing and providing for the financing
of the improvement or improvements in a manner consistent with the
obligation of the applicant for any excess of total cost over total
benefits conferred as set forth above.
(d)
If the governing body shall determine that the improvement or improvements shall be constructed or installed as a local improvement under Subsection A(3)(b)[1][b] hereinabove, the appropriate board shall, as provided in Subsection A(3)(c) hereinabove, estimate the difference between the total cost to be incurred and the total amount by which all properties to be benefited thereby, including the development property, will be specially benefited by the improvement, and the applicant shall be liable to the municipality therefor, as above provided, as well as for the amount of any special assessments against the development property for the benefits conferred by the improvement or improvements to be paid to the municipality as hereinafter set forth. Further, the governing body may adopt an ordinance authorizing and providing for the financing of the improvement or improvements and the assessment of benefits arising therefor in a manner consistent with the obligation of the applicant with respect thereto, and proceedings under said ordinance shall be in accordance with law, except to the extent modified by the obligation of the applicant for any excess of total cost over total benefits conferred as set forth above.
(e)
If the governing body shall determine that the improvement or improvements are to be constructed or installed by the applicant under Subsection A(3)(b)[2] hereinabove, the appropriate board shall, in like manner, estimate the amount of the excess of total cost over total benefits conferred in accordance with Subsections A(3)(c) and (d) above, and the applicant shall be liable to the municipality therefor, as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. However, the applicant shall be entitled to be reimbursed by the municipality for the amount of any special assessments against property other than the development property for benefits conferred by the improvement or improvements, such reimbursement to be made if, as and when the special assessments against such other property are received by the municipality. Further, the governing body may adopt an ordinance authorizing and providing for the assessment against all property, including the development property, of benefits conferred by the improvement or improvements, and proceedings under said ordinance shall be in accordance with law. However, any such assessment against the development property shall be marked, "paid and satisfied" in consideration of the construction or installation of the improvement or improvements by the applicant.
(4)
Form and amount of deposit.
(a)
Form. In the event that the improvement required shall be constructed as a general or a local improvement, the estimated cost of the off-tract improvement allocated to the applicant as set forth in Subsection A(4)(b) shall be deposited with the municipality in the form of cash. Said deposit shall be paid by the applicant to the Township Chief Financial Officer who shall provide a suitable depository therefor, and such funds shall be used only for the off-tract improvements for which they are deposited or shall be refunded to the applicant as hereinafter set forth.
(b)
Amount.
[1]
When the manner of construction has been determined to be as
a general or a local improvement, the applicant shall be required
to provide, as a condition for final approval of the subdivision or
site plan, a guarantee as hereinabove set forth to the Township of
one of the following amounts:
[a]
If the improvement is to be constructed by the
municipality as a general improvement under Subsection A(3)(b)[1][a]
hereinabove, a cash guarantee in the amount of the excess of the estimated
cost of the improvement over the estimated total amount by which all
parties, including the development property, will be specifically
benefited thereby;
[b]
If the improvement is to be constructed by the
municipality as a local improvement under Subsection A(3)(b)[1][b]
hereinabove, cash in the amount referred to in the proceeding Subsection
A(4)(b)[1][a] immediately above, plus the estimated amount by which
the development property will be specially benefited by the improvement.
[2]
When the improvement is to be constructed by the applicant either under Subsection A(4)(b)[1][b] hereinabove or under Subsection A(3)(b)[2] hereinabove, the applicant shall be required to provide, as a condition for final approval of the subdivision or site plan, a performance guarantee of 10% cash or letter of credit in an amount equal to the estimated cost of the improvement; provided, however, the applicant at its option may exceed the 10% cash.
(5)
Deposit of funds. All funds paid by an applicant pursuant to
this section shall be used only for the improvements for which they
are deposited or improvements serving the same purpose.
(6)
Redetermination of assessment upon completion of improvements.
Upon completion of off-tract improvements required pursuant to this
section, the applicant's liability hereunder shall be recalculated
in accordance with the actual as compared with the estimated cost
of the improvements. To the extent that such recalculation shall increase
the amount of any cash deposit made by the applicant hereunder, the
applicant shall forthwith pay the amount of such increase to the municipality.
To the extent that it shall decrease the amount thereof, the municipality
shall forthwith refund the amount of such decrease to the applicant.
In cases where improvements are specially assessed against all benefited
properties, recalculation shall be made by the municipal assessing
authority in the course of the special assessment proceedings. In
other cases, it shall be made by the municipal professional engineer
or such other persons as have pertinent information or expertise with
respect thereto.
B.
Omissions. Omissions from the bond of any improvement will in no
way be construed as to relieve the developer from his legal obligation
to conform to the required improvements as provided for in this chapter.
C.
Certification. Prior to the final acceptance of any of the required
improvements by the Township, the subdivision owner or owners shall
have submitted satisfactory affidavits certifying that no unpaid bills,
liabilities or liens against such improvements and installations are
outstanding.
