All provisions of this chapter may be amended in accordance
with applicable laws in effect at the time of the amendment.
[Amended 10-5-2010 by Ord. No. 23-2010]
Any interested party may appeal to the governing body any final
decision of the Planning Board approving an application for development
for a use variance pursuant to N.J.S.A. 40:55D-70d. Such appeal shall
be made within 10 days of the date of publication of such final decision
of the Planning Board. Such appeals shall be made in accordance with
the provisions of N.J.S.A. 40:55D-17. Such appeal shall be decided
by the governing body only upon the record established before the
Planning Board.
[Added 3-27-2012 by Ord. No. 9-2012]
A.
Applications for development in the Preservation Area. No application
for development as defined in this chapter involving property located
(or partially located) in the Preservation Area of the Highlands Region,
for which application submission requirements apply under this section,
shall be deemed complete or considered for review by the Planning
Board until and unless the applicant has obtained and provided a copy
of:
(1)
A consistency determination from the Highlands Council indicating
that the application is consistent with the Highlands Regional Master
Plan; or
(2)
A consistency determination from the Highlands Council indicating that the application is not consistent with the Highlands Regional Master Plan, accompanied by a certification, as detailed in Subsection B below, by the applicant's professional(s) that the application has been revised since review by the Highlands Council to achieve consistency with the Highlands Regional Master Plan.
B.
Findings of inconsistency. Where a Highlands Council consistency
determination indicates that an application for development is inconsistent
with the Highlands Regional Master Plan, no such application shall
be deemed complete or considered for review by the Planning Board,
until or unless the applicant has obtained from the professional(s)
responsible for preparation of the applicant's plans a certification
indicating that, to the best of the knowledge and abilities of such
professional(s), the plans have been revised to achieve consistency
with the Highlands Regional Master Plan and specifically describing
the revisions made to achieve such consistency.
C.
Exclusions. The following specific improvements and related applications
shall be excluded from the provisions of this section:
(1)
Any improvement to a single-family dwelling in lawful existence as
of the effective date of this section, provided that such improvement:
(2)
The reconstruction, within the same footprint, of any building or
other structure lawfully existing as of the effective date of this
section, in the event of its destruction or partial destruction by
fire, storm, natural disaster, or any other unintended circumstance.
(3)
The repair or maintenance of any building or other structure lawfully
existing as of the effective date of this section. This exclusion
shall not be construed to permit repairs or maintenance activities
that alter the footprint of such building or structure.
(4)
The interior improvement, rehabilitation, or modification of any
building or other structure lawfully existing as of the effective
date of this section. This exclusion shall not be construed to permit
activities that alter the footprint of such building or structure.
(5)
The attachment of signs or other ornamentation to any building or structure, to the installation of windows, doors, chimneys, vents, shafts, heating, ventilation, or air-conditioning equipment, or to any other such improvement to a building or structure, provided that it occupies a surface area footprint of not more than 50 square feet. This exclusion shall not be construed to permit ultimate disturbance or cumulative impervious surface in excess of that provided at Subsection C(1), above, for single-family dwellings.
(6)
Any improvement or alteration to a building or other structure lawfully
existing as of the effective date of this section, where such improvement
or alteration is necessary for compliance with the provisions of the
Americans with Disabilities Act, or to otherwise provide accessibility
to the disabled.
(7)
Any activity, improvement or development project located (or partially
located) in the Preservation Area deemed by NJDEP to constitute a
non-major Highlands development in a Highlands applicability determination
issued pursuant to N.J.A.C. 7:38-2.4.
D.
Exemptions. Any activity, improvement or development project listed
and demonstrated to constitute a Highlands Act exemption shall be
exempt from the provisions of this section.
(1)
Demonstration of a Highlands Act exemption for an application for
development involving lands located (or partially located) in the
Preservation Area shall consist of a Highlands applicability determination
issued by the NJDEP pursuant to N.J.A.C. 7:38-2.4.
E.
Waiver. The Planning Administrator may issue a waiver from the provisions
of this section where it can be established by the applicant and can
be verified by the Planning Administrator that:
(1)
The activity, improvement or development proposed by the subject
application for development has not yet been formally determined to
be exempt from the Highlands Act, but eligibility for an exemption
has been sufficiently established by the applicant; or
(2)
The activity, improvement or development proposed in the application for development will neither encroach upon a Highlands resource or Highlands resource area, nor be of detrimental impact to any Highlands resource or Highlands resource area as these are identified and delineated in the Highlands Regional Master Plan. The applicant's professional(s) responsible for preparation of the applicant's plan shall establish compliance of the above through a formal certification specifically addressing the Highlands resources and resource areas and related policies and objectives as identified in Chapter 4 of the Highlands Regional Master Plan.
F.
Highlands Council call-up. All municipal waivers or findings of application
completeness issued pursuant to this section shall be subject to Highlands
Council call-up review, and the municipality shall specifically include
conditions of this review consistent with this subsection. In all
such cases, the municipality shall, within five calendar days of issuance,
provide notice to the applicant and to the Highlands Council of any
waiver or finding of application completeness made pursuant to this
section. The Highlands Council call-up review period shall expire
15 calendar days following its receipt of such notice. Absent any
notice to the municipality from the Highlands Council within that
time frame, the application shall be considered complete, with the
date of the waiver or application completeness to be as of the date
of first issuance by the municipality. Upon determining to exercise
this authority for call-up review, the Highlands Council shall transmit
notice to the applicant and the municipality.
G.
DISTURBANCE
DISTURBANCE, ULTIMATE
HIGHLANDS ACT
HIGHLANDS APPLICABILITY DETERMINATION
HIGHLANDS AREA
HIGHLANDS COUNCIL
HIGHLANDS PRESERVATION AREA APPROVAL (HPAA)
HIGHLANDS REGION
IMPERVIOUS SURFACE
IMPERVIOUS SURFACES, CUMULATIVE
MUNICIPAL LAND USE LAW (MLUL)
NJDEP
NJDEP PRESERVATION AREA RULES
PLAN CONFORMANCE
PRESERVATION AREA
REGIONAL MASTER PLAN
Definitions. In addition to the definitions set forth in § 550-5, the following terms shall apply to the provisions of this section:
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
The total existing or proposed area of disturbance of a lot,
parcel, or other legally designated (or otherwise legally recognized)
tract or subdivision of land, for the purpose of, and in connection
with, any human activity, property improvement, or development, including
the surface area of all buildings and structures, all impervious surfaces,
and all associated land disturbances such as excavated, filled, and
graded areas, and all lawn and landscape areas. Ultimate disturbance
shall not include areas of prior land disturbance which at the time
of evaluation a) contain no known man-made structures (whether above
or below the surface of the ground) other than such features as old
stone rows or farm field fencing; and b) consist of exposed rock outcroppings
or areas which, through exposure to natural processes (such as weathering,
erosion, siltation, deposition, fire, flood, growth of trees or other
vegetation), are no longer impervious or visually obvious, or ecologically
restored areas which will henceforth be preserved as natural areas
under conservation restrictions.
The Highlands Water Protection and Planning Act, P.L. 2004,
c. 120, as amended, codified in part at N.J.S.A. 13:20-1 et seq.
The determination made by the NJDEP of whether a project
proposed for the Preservation Area is a major Highlands development,
whether any such major Highlands development is exempt from the Highlands
Act, and whether the project is consistent with the applicable areawide
water quality management plan.
That portion of the municipality for which the land use planning
and regulation are in conformance with, or are intended or proposed
to be in conformance with, the Highlands Regional Master Plan.
The New Jersey Highlands Water Protection and Planning Council.
A permit to engage in a regulated activity in the Highlands
Preservation Area issued by the NJDEP pursuant to the Highlands Act
and the NJDEP Highlands Water Protection and Planning Act Rules (N.J.A.C.
7:38), including an HPAA that contains a waiver pursuant to N.J.S.A.
13:20-33b. Highlands Preservation Area approval includes Highlands
general permits issued pursuant to N.J.S.A. 13:20-33d and promulgated
at N.J.A.C. 7:38-12. HPAA, when used in this section, includes Highlands
general permits unless explicitly excluded.
All that area within the boundaries of the municipalities
listed in Subsection a of Section 7 of the Highlands Act.[2]
Any structure, surface, or improvement that reduces or prevents
absorption of stormwater into land, including, but not limited to,
porous paving, paver blocks, gravel, crushed stone, decks, patios,
elevated structures, and other similar structures, surfaces, or improvements.
The total area of all existing or proposed impervious surfaces
situated or proposed to be situated within the boundary lines of a
lot, parcel, or other legally recognized subdivision of land, expressed
either as a measure of land area such as acreage, or square feet,
or as a percentage of the total lot or parcel area.
The New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq.
New Jersey Department of Environmental Protection.
The regulations established by the NJDEP to implement requirements
of the Highlands Act, titled "Highlands Water Protection and Planning
Act Rules," and codified at N.J.A.C. 7:38-1 et seq.
The process by which a municipality revises the master plan,
development regulations and other regulations related to the development
and use of land to conform them with the goals, requirements, and
provisions of the Regional Master Plan in accordance with the Highlands
Plan Conformance Guidelines.
That portion of the Highlands Region so designated by Subsection
b of Section 7 of the Highlands Act.[3]
The Highlands Regional Master Plan or any revision thereof
adopted by the Highlands Council pursuant to N.J.S.A. 13:20-8.
[1]
Editor's Note: Former § 400-9, Board of Adjustment, was repealed, and said Board dissolved, 12-8-2009 by Ord. No. 26-2009. This ordinance also stated, "Subject to an affirmative vote of the public in the November 2009 general election, such vote having been certified by the Clerk of Morris County, New Jersey, this ordinance shall take effect January 1, 2010, or as soon thereafter as such affirmative vote may be certified by the Clerk of Morris County, New Jersey." See now § 550-24, Planning Board.
A.
Adoption of Building Code by reference. The Building Code applicable
within the Township of Mount Olive shall be the State Uniform Construction
Code, as periodically amended by the State of New Jersey.
B.
Fees.
[Amended 10-11-1994 by Ord. No. 17-94; 2-28-1995 by Ord. No. 3-95; 2-13-1996 by Ord. No. 2-96; 2-27-1996 by Ord. No. 6-96; 3-26-1996 by Ord. No.
12-96; 9-10-1996 by Ord. No. 28-96; 3-24-1998 by Ord. No. 6-98; 5-12-1998 by Ord. No. 8-98; 2-12-2002 by Ord. No. 1-2002; 3-13-2007 by Ord. No.
10-2007; 4-10-2007 by Ord. No. 19-2007; 8-9-2011 by Ord. No.
23-2011; 8-20-2019 by Ord. No. 16-2019; 12-6-2022 by Ord. No. 30-2022]
(1)
No permit, as required by the Building Code, shall be issued until
the fee prescribed in the fee schedule shall have been paid; nor shall
an amendment to a permit be approved until the additional fee, if
any, due to an increase in the estimated cost of the building or structure
shall have been paid.
(2)
Schedule of building permit fees.
(a)
The fee for a construction permit shall be the sum of subcode fees listed in Subsection B(2)(a)[1] through [4] hereof and shall be paid before the permit is issued:
[1]
The building subcode fees shall be:
[a]
For new residential construction, $0.032 per cubic
foot of building or structure volume, provided that the minimum fee
shall be $60.
[b]
For renovations, alterations and repairs, $30 per
$1,000 of estimated work, provided that the minimum fee shall be $60.
[c]
For residential additions, $0.032 per cubic foot
of building or structure volume for the added portion, provided that
the minimum fee shall be $60.
[d]
For combinations of renovations and additions,
the sum of the fees computed separately as renovations and additions.
[e]
Agricultural pole barns shall be computed at $0.011
per cubic foot, provided that said property has qualified for farmland
assessment.
[f]
Any structure other than residential shall be computed
at $0.021 per cubic foot plus other permits that may be required.
[2]
The plumbing subcode fees shall be:
[a]
A minimum fee of $60, plus $15 for each fixture
over three, plus:
[i]
Ten dollars for each stack;
[ii]
Sixty-five dollars per special device for the
following: grease traps, oil separators, refrigeration units, utility
service connections, backflow preventers equipped with test ports
(double check valve assembly, reduced pressure zone and pressure vacuum
breaker backflow preventers), steam boilers, hot water boilers (excluding
those for domestic water heating), active solar systems, sewer pumps
and interceptors. There shall be no inspection fee charged for gas
service entrances.
[iii]
Ten dollars for each gas and/or oil or electric
water heater; and
[iv]
Ten dollars for each tankless water heater.
[v]
For all nonlisted items, the fee shall be $50 per
item.
[3]
The electrical subcode fees shall be:
[a]
The minimum electrical fee shall be $50.
[b]
From one to 50 receptacles or fixtures, the fee
shall be $50; for each 25 receptacles or fixtures in addition to this,
the fee shall be $25. For the purpose of computing the fee, receptacles
or fixtures shall include lighting outlets, wall switches, fluorescent
fixtures, convenience receptacles, smoke and heat detectors or similar
fixtures and motors or devices of less than or equal to one horsepower
or one kilowatt.
[c]
For each motor or electrical device greater than
one horsepower and less than or equal to 10 horsepower and for transformers
and generators greater than one kilowatt and less than or equal to
10 kilowatts, the fees shall be $25.
[d]
For each motor or electrical device greater than
10 horsepower and less than or equal to 50 horsepower for each service
panel, service entrance or subpanel, less than or equal to 200 amperes;
for each transformer and generator greater than 10 kilowatts and less
than or equal to 45 kilowatts; and for each utility load management
device, the fees shall be $65.
[e]
For each motor or electrical device greater than
50 horsepower and less than or equal to 100 horsepower; for each service
panel, service entrance or subpanel greater than 200 amperes and less
than or equal to 300 amperes; and for transformers and generators
greater than 45 kilowatts and less than or equal to 112.5 kilowatts,
the fee shall be as follows:
[f]
For each motor or electrical device greater than
100 horsepower for each service panel, service entrance or subpanel
greater than 301 amperes; and for each transformer or generator greater
than 112.5 kilowatts, the fee shall be $457.
[g]
For the purpose of computing these fees, all motors,
except those in plug-in appliances, shall be counted, including control
equipment, generators, transformers and all heating, cooking or other
devices consuming or generating electrical current.
[i]
Air conditioners: Apply motor schedule.
[k]
Photovoltaic systems, including micro-inverters,
based on the designated kilowatt rating as follows:
[l]
For all nonlisted items, the fee shall be $25 per
item, provided that the minimum fee shall be $46.
[4]
The fire subcode fees shall be:
[b]
Residential sprinkler systems shall be charged
at commercial fees.
[c]
For commercial sprinkler and detectors (smoke and
heat), fees for heads and detectors, the number of each shall be counted
separately and two fees, one for heads and one for detectors, shall
be charged:
[i]
Twenty or less heads: $91.
[ii]
Twenty-one to and including 100 heads: $168.
[iii]
One hundred one to and including 200 heads: $321.
[iv]
Two hundred one to and including 400 heads: $831.
[v]
Four hundred one to and including 1,000 heads:
$1,150.
[vi]
One thousand one and above heads: $1.469/head.
[d]
For each standpipe: $229.
[e]
For each pre-engineered system: $100.
[h]
For other commercial gas-fired appliances: $60.
[i]
For solid-fuel-burning appliances: $65.
[j]
Chimney liner: $65.
[k]
Minimum fee: $65.
[l]
For all nonlisted items, the fee shall be $65 per
item.
[5]
The mechanical subcode fees shall be:
[a]
Minimum fee: $50.
[b]
First piece of equipment, each: $65.
[c]
Additional equipment, each: $15.
[d]
For each gas- or oil-fired appliance not connected
to the plumbing system: $65.
[e]
Chimney liners: $65.
[f]
No separate fee for gas, fuel oil, or water connections
associated with the mechanical equipment.
[6]
The fee for plan review shall be 20% of the amount to be charged
for the construction permit and shall be paid before the plans are
reviewed. The amount paid for this fee shall be credited toward the
amount of the fee to be charged.
[8]
The fee for a permit for the removal of a building structure
from one lot to another or to a new location on the same lot shall
be $15 per $1,000 of the sum of the estimated cost for moving, for
new foundations and for placement in a complete condition in the new
location, provided that the minimum fee shall be $80.
[9]
The fee for a permit to construct a sign shall be $2 per square
foot of the surface area of the sign, provided that the minimum fee
shall be $65. In the case of double-faced signs, the area of the surface
of only one side of the sign shall be used for purposes of the fee
computation.
[10]
The fee for a certificate of occupancy shall be a minimum of
$40 or 10% of the building fee.
[11]
The fee for a certificate of occupancy pursuant to a change
of use shall be $40.
[12]
The fee for a certificate of occupancy for a garden apartment
shall be $40 per unit, and the fee for a townhouse shall be $40 per
unit.
[13]
The New Jersey Department of Community Affairs shall be responsible
for elevator plan review, inspection and testing.
[14]
The fee for an item not enumerated in this section, but included
in any state subcode, shall be paid in accordance with the state fee
schedule (N.J.A.C. 5:23).
(3)
Certificate of occupancy or final inspection fee. For a certificate
of occupancy or final inspection, there shall be a fee of 10% of the
building fee or a minimum of $40, except that in those cases where
a building permit was issued without a fee, there shall be no fee
charged for a certificate of occupancy or final inspection.
(4)
Certificate of continued occupancy. Upon request of the owner of
an existing building or structure, a certificate of continued occupancy
can be issued. The certificate of continued occupancy shall evidence
only that a general inspection of the visible parts of the building
has been made, and that no violations of N.J.A.C. 5:23-2.14 have been
determined to have occurred and no unsafe conditions violative of
N.J.A.C. 5:23-2.32(a) have been found. For a certificate of continued
occupancy, there shall be a fee of $168.
(5)
Additional inspection fee. One inspection shall be made without fee
at each stage of construction provided for on the building permit.
For each additional inspection required to accomplish approval of
any stage of construction, a fee of $5 shall be collected by the Building
Official before such additional inspections.
(6)
Waiver of fees.
(a)
No person shall be charged a construction permit surcharge fee
or enforcing agency fee for any construction, reconstruction, alteration
or improvement designed and undertaken solely to promote accessibility
by disabled persons to an existing private residential structure or
any of the facilities contained therein.
(b)
A disabled person, or a parent or sibling of a disabled person,
shall not be required to pay any municipal contract or permit fee
or charge in order to secure a construction permit for any construction,
reconstruction, alternation or improvement which promotes accessibility
to his or her own personal living unit.
(c)
"Disabled person" means a person who has a total and permanent
inability to engage in any substantial gainful activity by reason
of any medically determinable physical or mental impairment, including
blindness, and shall include, but not be limited to, any resident
of this state who is disabled pursuant to the Federal Social Security
Act (42 U.S.C. § 416) or the Federal Railroad Retirement
Act of 1974 (45 U.S.C. § 231 et seq.) or is rated as having
a 60% disability or higher pursuant to any federal law administered
by the United States Veterans Act. For purposes of this section, "blindness"
means central visual acuity of 20/200 or less in the better eye with
the use of a corrective lens. An eye which is accompanied by a limitation
in the fields of vision such that the widest diameter of the visual
fields subtends an angle no greater than 20° shall be considered
as having a central visual acuity of 20/200 or less.
C.
Limitation of issuance of permits.
(1)
No permit shall be issued until the fee prescribed in this Code shall
have been paid, nor shall any amendment to a permit be approved until
the additional fee, if any, due to an increase in the estimated cost
of the building or structure shall have been paid.
(2)
No permit shall be issued until the Township Health Department has
certified that all required health permits have been granted.
(3)
No demolition permit for a residential or nonresidential structure
shall be issued by the Construction Code Official until same has been
reviewed by the Fire Chief within whose jurisdiction the structure
is located and his approval or recommendations received by the Construction
Code Official.
[Added 4-22-2008 by Ord. No. 19-2008]
D.
Building contractor registration required. All construction performed
pursuant to the provisions of this chapter, for which a permit is
required and which involves new residential construction on land held
primarily for rental income or sale, shall be performed only by a
registered contractor or his subcontractors, agents and employees.
No building permit shall be issued for such construction except to
registered contractors. In the event of the revocation of registration
hereunder, all outstanding building permits issued thereunder are
also thereby revoked.
E.
Registration information; fee.
(1)
Registration shall be accomplished by completing and filing with
the Building Inspector of the Township of Mount Olive, hereinafter
called "Inspector," the information hereinafter specified on forms
to be prepared and supplied by the Inspector. Said forms shall be
signed by the registrant and notarized.
(a)
The name and address of the registrant and, if a partnership,
the names and addresses of all partners and, if a corporation, the
names and addresses of all officers, directors and persons holding
5% or more of the issued and outstanding stock of any class or such
other similar information as may be required of other legal entities.
(b)
The type or types of work customarily performed by the registrant.
(c)
A statement as to whether the registrant or any person named in Subsection E(1)(a) above has ever been determined to have violated any building code, including violations of this chapter, and if so, the date and place of the determination, the nature of the violation and the sanction imposed therefor.
(d)
Appropriate information as to the registrant's skill, experience
and business and financial responsibility, including an accounting
statement of the registrant's assets and liabilities.
(e)
Where the registrant is not domiciliary of the State of New
Jersey, a designated agent residing in this state, on whom notices
of claims or other papers may be served, must be indicated.
F.
Denial or revocation of registration.
(1)
The Inspector may deny or revoke registration in any case where the registrant has made any materially false statement on the application for registration or if it appears that any person listed in Subsection E(1)(a) above has been guilty of repeated or continued violations of any municipal code.
(2)
Upon a determination by the Building Inspector that a registration
is denied or revoked, the registrant shall have an opportunity to
appeal any denial or revocation to the Township Council of the Township
of Mount Olive. Such appeal shall be taken within 10 days from the
date of the adverse determination or date of notification, whichever
occurs later, and shall be heard by the Township Council of the Township
of Mount Olive within 30 days from the date the appeal is filed with
the Township Council. The Township Council of the Township of Mount
Olive shall decide the appeal within seven days from the date of the
hearing on such appeal. Additional time in which to prepare for any
hearing may be requested by any party. All reasonable requests for
additional time shall be granted. Denial or revocation of registration
may be in addition to any other penalty which may be imposed by law
for violation of any building code, including this Code.
G.
Security requirements.
(1)
Prior to the issuance of a certificate of occupancy involving new
residential construction on lands held primarily for sale, as defined
herein, the registrant shall post with the Inspector security in the
from of cash or a certified check in the amount of 5% of the value
of the improvements or a bond issued by a surety company authorized
to do business in the State of New Jersey in the amount of 10% of
the value of the improvements for which the certificate of occupancy
is to be issued. The amount of the security shall be based upon the
cost of construction which shall be determined on the basis of $1
per cubic foot of construction as indicated in the application for
the permit or permits to be obtained in connection therewith.
(2)
The purpose of the security shall be to ensure that all the work
done on the premises for which the certificate of occupancy is issued
shall have been performed in accordance with the Building Code and
other codes, resolutions and ordinances of the Township of Mount Olive,
resolutions of the County of Morris and all applicable statutes and
regulations of the State of New Jersey and in a good and workmanlike
manner, according to law.
(3)
The beneficiary of the security shall be any person having an interest
in the land and improvements thereon; and the term of the security,
be it cash, certified check or bond, shall be 365 days, commencing
with the date of the issuance of the certificate of occupancy.
H.
Exceptions to security coverage. The security furnished pursuant
to this chapter shall not cover the following:
(1)
The continued growth of lawns or other foliage planted or existing
on the premises, provided that the same were planted properly and
not damaged by the contractor.
(2)
The choice or selection of building materials, provided that such
materials are permitted by this Code, unless otherwise agreed to in
the contract of sale or the construction contract.
(3)
Any items materially altered or improperly repaired by persons other
than the contractor or his subcontractors, agents or employees.
(4)
Items such as color selection and matching; variations in wood grain
and color; and minor chips, scratches or mars in such items as tile,
woodwork, counter tops, bricks, lighting fixtures, appliances, plumbing
fixtures, siding, walls and doors if the same are not communicated
to the contractor within 30 days from the date of the issuance of
the certificate of occupancy or the date of passage of title, whichever
is later.
I.
Claims procedure. As a condition precedent to the security being
made the subject matter of litigation, the beneficiary thereof, hereinafter
referred to as the "claimant," shall comply with the following mandatory
procedures which are hereby established for the filing of claims under
this chapter.
(1)
Place and manner for presentation of claims. All claims being made
under this chapter shall be in writing and filed with the Inspector
either personally or by registered or certified mail, return receipt
requested, during regular working hours at the Municipal Building,
P.O. Box 450, Budd Lake, New Jersey. A copy of the claim filed with
the Inspector shall be served by the claimant upon the registrant
either personally or by registered or certified mail, return receipt
requested, or upon the registrant's designated agent personally or
by registered or certified mail, return receipt requested.
[Amended 10-20-2014 by Ord. No. 22-2014]
(2)
Contents of claim. The claim shall set forth the following:
(a)
The name and address of the claimant.
(b)
The name and address of the registrant against whom the claim
is made.
(c)
A description of the specific conditions alleged to be in violation
of this chapter.
(d)
The time or times between the hours of 9:00 a.m. and 4:30 p.m.
on Monday through Friday when the claimant will be available to display
to the registrant the specific conditions alleged to be in violation
of this chapter.
(e)
The signature of the claimant.
(3)
Time for presentation of claims; time for abatement of violations;
time for filing suit; withdrawal of claim.
(a)
All claims being made under this chapter shall be filed and
served within 365 days, commencing with the date of the issuance of
the certificate of occupancy. The claim shall be considered as having
been made when the claim is filed with the Inspector and a copy thereof
is served upon the contractor in the manner provided herein.
(b)
Upon receipt by the registrant of a copy of the claim, the contractor
shall be permitted a period of 30 days in which to inspect and abate
the condition alleged to be in violation of the chapter. The claimant
shall not unreasonably refuse to permit the contractor entrance to
the premises for the purposes of inspection and abatement of the alleged
violations.
(c)
Upon the expiration of 30 days after the filing of the claim
with the Inspector and service thereof upon the contractor, the claimant
may file suit in the appropriate court of law, making the security
the subject matter of the litigation. In any event, all suits intending
to make the security the subject matter of the litigation shall be
filed with the Clerk of the appropriate court of law within 395 days,
commencing with the date of the issuance of the certificate of occupancy.
(d)
Upon the abatement of the alleged violations by the contractor,
the claimant and contractor shall each immediately notify the Inspector,
in writing, that the alleged violations have been corrected. The claimant's
notification shall further state that the claim is withdrawn.
J.
Disposition of security.
(1)
The security posted pursuant to the terms of this chapter shall be
disposed of in one of the following ways:
(a)
In the event that no written notice of claim is served upon
the Inspector and contractor within 365 days, commencing with the
date of issuance of a certificate of occupancy, the security posted
pursuant to the terms of this chapter shall be forthwith released,
discharged and returned to the party or parties responsible for the
posting of the same.
(b)
In the event that a claim is made and subsequently the Inspector
receives notice that the alleged violations have been abated and that
the claim has been withdrawn, as provided for herein, and in the further
event that no written notice of additional claim is served upon the
Inspector and contractor within 365 days, commencing with the date
of the issuance of the certificate of occupancy, the security posted
pursuant to the terms of this chapter shall be forthwith released,
discharged and returned to the party or parties responsible for the
posting of the same.
(c)
In the event that suit is filed making the security the subject
matter of the litigation pursuant to the terms of this chapter, the
claimant shall immediately notify the Inspector, in writing, that
suit has been filed. In the event that the Inspector does not receive
written notice that suit has been filed within 365 days, commencing
with the date of the issuance of the certificate of occupancy, the
security posted pursuant to the terms of this chapter shall be forthwith
released, discharged and returned to the party or parties responsible
for posting of the same.
(d)
In the event that suit is filed making the security the subject matter of this litigation pursuant to the terms of this chapter and in the further event that the Inspector receives notice that suit has been filed pursuant to § 550-9J(1), the Inspector shall immediately transmit the security to the Clerk of the court in which the suit has been filed to be disposed of in accordance with the final determination of said suit. During the pendency of said suit, the security shall remain in full force and effect.
(2)
All provisions of this chapter regulating the release, discharge,
return and transmittal of security are mandatory in effect and may
not be withheld except as expressly provided for herein.
K.
Service of notice. All written notice provided for herein shall be
served either personally or by registered or certified mail, return
receipt requested.
L.
Implementation and dissemination of provisions of chapter. The Inspector
shall make such inquiry as he deems appropriate, including the taking
of affidavits from registrants, to determine if land on which residential
construction is to occur is held primarily for rental income and resale.
All contractors registered under the provisions of this chapter shall
provide a copy of this chapter to those persons purchasing property
covered by the provisions hereof at or before the obtaining of the
certificate of occupancy from the Inspector and shall so notify the
Inspector, in writing, at the time of the application for the certificate
of occupancy, which writing shall be signed by the purchaser.
M.
Appeals from decision of Municipal Construction Officer. Any person
aggrieved by a decision of the Township Construction Officer or related
officials concerning the interpretation and enforcement of applicable
municipal construction, electrical, plumbing or other subcodes shall
be entitled to appeal that decision to the Morris County Construction
Board of Appeals in accordance with the procedures established by
the County of Morris for a hearing of such appeals.
N.
Inspection; right of entry; stop-construction orders.
(1)
The Construction Officer or his agents shall periodically inspect
all construction undertaken pursuant to a construction permit issued
by the Construction Officer to ensure that the construction or alteration
is performed in accordance with the conditions of the construction
permit and consistent with applicable state laws, rules, regulations
and local ordinances.
(2)
The owner of any premises upon which a building or structure is being
constructed shall be deemed to have consented to the inspection by
the Construction Officer or his agents of the entire premises and
of any and all construction being performed on it until a certificate
of occupancy has been issued. An inspector or a team of inspectors,
upon presentation of proper credentials, shall have the right to enter
and inspect such premises and any and all construction thereon for
purposes of ensuring compliance with the provisions of the applicable
construction permit, the Construction Code and other applicable laws
and regulations. All inspection pursuant to this chapter shall be
between the hours of 9:00 a.m. and 5:00 p.m. on business days or when
construction is actually being undertaken; provided, however, that
inspections may be conducted at other times if the Construction Officer
has reasonable cause to believe that an immediate danger to life,
limb or property exists or if permission is given by an owner or his
agent, architect, engineer or builder. No person, except the owner
or his agent, shall accompany an inspector or team of inspectors on
any inspection pursuant to this chapter unless his presence is necessary
for the enforcement of this chapter or the Code or unless consent
is given by an owner or his agent, architect, engineer or builder.
(3)
If the construction of a structure or building is being undertaken
contrary to the provisions of a construction permit, the Construction
Code or other applicable laws or ordinances, the Construction Officer
may issue a stop-construction order, in writing, which shall state
the conditions upon which construction may be resumed and which shall
be given to the owner or the holder of the construction permit or
to the person performing the construction. If the person doing the
construction is not known or cannot be located with reasonable effort,
the notice may be delivered to the person in charge or apparently
in charge of the construction. No person shall continue or cause or
allow to be continued the construction of a building or structure
in violation of a stop-construction order, except with the permission
of the Construction Officer to abate a dangerous condition or remove
a violation or except by court order. If an order to stop construction
is not obeyed, the Construction Officer may apply to the appropriate
court, as otherwise established by law, for an order enjoining the
violation of the stop-construction order. The remedy for violation
of such an order provided in this subsection shall be in addition
to and not in limitation of any other remedies provided by law or
ordinance.
O.
Violations and penalties.
(1)
Any person or corporation, including an officer, director or employee
of a corporation, who or which constructs a structure or building
in violation of a condition or a construction permit; fails to comply
with any order issued by the Construction Officer or his agents; or
makes a false or misleading written statement or omits any required
information or statement in any application or request for approval
to the Construction Officer shall be subject to a penalty of not more
than $500.
(2)
Anyone who knowingly refuses entry or access to an inspector lawfully
authorized to inspect any premises, building or structure pursuant
to this chapter or who unreasonably interferes with such an inspection
shall be subject to a fine of not more than $250.
(3)
With respect to Subsection O(2) of this section, a person shall be guilty of a separate offense for each day that he fails to comply with a stop-construction order validly issued by the Construction Officer and for each week that he fails to comply with any other order validly issued by the Construction Officer. With respect to Subsection O(1) of this section, a person shall be guilty of a separate offense for each false or misleading written statement or omission of required information or statement made in any application or request for approval to an enforcing agency or the department. With respect to Subsection O(1) of this section, a person shall be guilty of a separate offense for each violation of the conditions of a construction permit.
(4)
The penalties pursuant to this section may be collected in a summary
proceeding pursuant to the Penalty Enforcement Act (N.J.S.A. 2A:58-1
et seq.).[1] Jurisdiction to enforce such penalties has been conferred
upon Judges of the Municipal Court, in addition to the courts specified
by N.J.S.A. 2A:58-2.
[1]
Editor's Note: Said act was repealed by L.1999, c. 274; see
now N.J.S.A. 2A:58-10 et seq.
Nothing in this chapter shall require any change in a building
permit, site plan or zoning variance which was approved before the
enactment of this chapter, provided that construction based on said
approval shall have been started within 60 days following the effective
date of this chapter and shall be continuously pursued to completion;
otherwise, said approval shall be void.
A.
Clerical employee for Planning Board designated. The Secretary of
the Planning Board is hereby designated as the clerical employee of
the Planning Board.
B.
Duties of clerical employee. The Secretary shall:
(1)
Receive payment of all fees provided for in any matter which must
be presented to the Planning Board, including but not limited to minor
subdivisions, major subdivisions, and site plan approvals. Said payment
shall be by money order or check made out to the Township of Mount
Olive. The Secretary shall provide a receipt therefor and shall indicate
thereon the nature of the payment.
[Amended 10-28-2014 by Ord. No. 22-2014]
(2)
Receive all correspondence to the Board, all applications, maps,
sketch plats, minor plats, major plats or any other document which
is to be submitted to the Planning Board for consideration.
(3)
Receive and accept for filing all sketch plats, preliminary plats
of a major subdivision and final plats of a major subdivision.
A.
All zoning requirements shall be met at the time of any erection,
enlargement, moving or change in use. If a new structure is added
to an existing complex of structures or if an existing structure has
an addition, the site plan provisions of this chapter shall apply
to the enlargement or new structure.
B.
All developments resulting from subdivision and site plan approvals
shall comply with all the design and performance standards, including
conditions imposed by the approving authority as shown on the approved
plat and/or included in the resolution adopted by the approving authority.
Regulation of the development of land and the attachment of
reasonable conditions to development applications is an exercise of
valid police power delegated by the state to this Township. The applicant
has the duty of compliance with reasonable conditions laid down by
the approving authority for design, dedication, improvements and the
use of the land so as to conform to the physical and economical development
of the Township and to the safety and general welfare of the future
residents and/or owners in the development and in the community at
large. Where County Planning Board review or approval is required
on a site plan, the approving authority shall condition any approval
it grants upon either timely receipt of a favorable report by the
County Planning Board or approval by the County Planning Board due
to its failure to submit a report within the required time period.
If the county's report is negative or attaches conditions, the original
action by the Township approving authority shall be null and void
and a new resolution shall be adopted which considers the County Planning
Board's report.
A.
Grant of power. Pursuant to N.J.S.A. 40:55D-67, the Planning Board
shall have original jurisdiction and power to grant a special conditional
use on a particular site allowed by standards set forth below but
subject to the guiding principles, standards, conditions and safeguards
contained in this chapter to the extent applicable and in the manner
provided by law.
B.
Before any permit shall be issued for a conditional use, applications
shall be made to the Planning Board. The Planning Board shall grant
or deny the application after public hearing but within 95 days of
submission of a complete application to the administrative officer
or within such further time as may be consented to by the applicant.
Where a conditional use application involves a site plan or subdivision,
notice of the hearing shall include reference to all matters being
heard; and the Planning Board shall review and approve or deny the
subdivision or site plan simultaneously with the conditional use application.
The failure of the Planning Board to act within the required time
period shall constitute approval of the application. In reviewing
the conditional use application, the Planning Board shall review the
number of employees or users of the property and the requirements
set forth in this chapter and shall give due consideration to all
reasonable elements which would affect the public health, welfare,
safety, comfort and convenience, such as but not limited to the proposed
use(s), the character of the area, vehicular travel patterns and access,
pedestrianways, landscaping, lighting, signs, drainage, sewage treatment,
potable water supply, utilities and structural location(s) and orientation(s),
and shall conduct a public hearing on the application. The use for
which conditional uses are granted shall be deemed to be permitted
uses in their respective districts, and each conditional use shall
be considered as an individual case. In all requests for approval
of conditional uses, the burden of proof shall be on the applicant.
All conditional uses shall require site plan review and approval by
the Planning Board. Prior to making its decision, the Planning Board
shall be satisfied that the conditional use is reasonably necessary
for the convenience of the public in the location proposed. In the
granting of conditional uses, a time limit of one year from the date
of the variance approval shall be set, within which time the owner
shall secure a building permit; otherwise, the variance shall be null
and void.
C.
Guiding principles and standards.
(1)
Such use shall be one which is specifically authorized as a conditional
use in the zone within which such particular site is located.
(2)
For every conditional use, the Board shall make a specific finding,
supported by evidence produced at a public hearing in the manner provided
by law, that such use will not be prejudicial to the character of
the neighborhood.
(3)
For every conditional use, the Board shall determine that there is
appropriate provision for access facilities adequate for the estimated
traffic from public streets and sidewalks so as to assure the public
safety and to avoid traffic congestion. Vehicular entrances and exists
shall be clearly visible from the street and not within 75 feet of
a street intersection.
(4)
For every such conditional use, the Board shall determine that there
are fully adequate parking areas in conformity with this chapter and
all other pertinent ordinances for the anticipated number of occupants,
employees and patrons and that the layout of the parking spaces and
interior driveways is convenient and conducive to safe operation.
(5)
For every such conditional use where the installation of outdoor
flood or spotlighting is intended, the Board shall determine that
such lighting will not shine directly upon any abutting property.
No unshielded lights shall be permitted.
D.
Special conditions and safeguards for certain uses.
(1)
No building permit shall be granted by the Board for a public or
semipublic building in any zone unless the Board shall first determine
that such use is appropriate to the character of its neighborhood
and that it will not, when taken in conjunction with other existing
land uses, generate traffic that would result in an undue burden upon
the available access streets.
(2)
No building permit shall be granted by the Board for a railway or
bus station in any zone where authorized unless the Board shall first
determine that the proposed location will serve the interest of the
residents of the Township without having a damaging effect upon adjacent
properties.
(3)
No building permit shall be granted by the Board for a dump or junkyard
in any zone where authorized unless the Board shall first determine
that such use will not have a damaging or adverse upon the adjacent
properties or upon the Township. No open storage of any materials
therein contained shall be permitted within 200 feet of any public
street or road or of any lot line.[1]
[1]
Editor's Note: Original Subsection D(4), regarding permits
granted for sand and/or gravel pits, and Subsection D(5), regarding
service stations, which immediately followed this subsection, were
repealed 10-28-2014 by Ord. No. 22-2014.
E.
The approving authority shall have the power to review and approve
or deny conditional uses or site plans simultaneously with a review
for subdivision approval without the developer being required to make
further hearings. The longest time period for action by the approving
authority, whether it be for subdivision, conditional use or site
plan approval, shall apply. Whenever approval of a conditional use
is requested by the developer in conjunction with a site plan or subdivision,
notice of the hearing on the plat shall include reference to the request
for such conditional use.
It shall be the duty of the Zoning Officer to administer and
enforce the zoning provisions of this chapter. No building permit
shall be issued unless the plans are accompanied by an approved zoning
permit. No zoning permit shall be issued unless the proposed structure,
use, temporary activity and construction activities are in compliance
with this chapter. In cases involving the new use of an existing structure,
no certificate of occupancy for the new tenant shall be issued until
a zoning permit has been issued.
The approving authority, when acting upon applications for site plan or subdivision approval, shall have the power to grant such exception from the site plan and subdivision review and plat detail requirements in Article IV and the design guidelines and technical standards in Article V of this chapter as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval 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. Such exceptions shall only be given upon receipt of the favorable recommendation of the Environmental Commission, where applicable.
A.
Quarrying. Each application shall be accompanied by a fee of $200
to be applied toward the cost of engineering examination of the applicant,
and the applicant shall further deposit the sum of $1,500 to be applied
toward the cost of inspection as provided herein.
[Amended 5-22-2007 by Ord. No. 21-2007]
B.
Site plan and subdivision review.
[Amended 5-22-2007 by Ord. No. 21-2007]
(2)
Major subdivision, preliminary plat: $300, plus $50 per lot. The
escrow fee shall be $2,000, plus $150 per lot.
(3)
Major subdivision, final plat: $300, plus $25 per lot. The escrow
fee shall be $1,500, plus $50 per lot.
(4)
Combined preliminary and final plat: $500, plus $50 per lot. The
escrow fee shall be $3,000, plus $100 per lot.
(5)
Concept plan, site plan and subdivision: $400. The escrow fee shall
be $1,500.
(8)
Site plan revision/amendment/miscellaneous: $400 minimum. The escrow
fee shall be $2,500 minimum.
[Amended 2-28-2017 by Ord. No. 6-2017]
(9)
Site plan, residential.
(a)
Preliminary: $500 set fee; $75 per dwelling unit. The escrow
fee shall be $2,000, plus $150 per unit.
(b)
Final: $500 set fee; $50 per dwelling unit. The escrow fee shall
be $1,500, plus $50 per unit.
(c)
Combined: $800 set fee; $100 per dwelling unit. The escrow fee
shall be $3,000, plus $150 per unit.
(10)
Site plan, nonresidential.
(a)
Preliminary: $400 set fee; $100 per 1,000 square feet of gross
floor area. The escrow fee shall be $3,000, plus $100 per 1,000 square
feet.
(b)
Final: $300 set fee; $50 per 1,000 square feet of gross floor
area. The escrow fee shall be $2,000, plus $50 per 1,000 square feet.
(c)
Combined: $600 set fee; $100 per 1,000 square feet of gross
floor area. The escrow fee shall be $4,000, plus $100 per 1,000 square
feet.
C.
Soil removal filing fee. The application shall be submitted to the
Secretary of the Planning Board in accordance with the following fee
schedule:
[Amended 5-22-2007 by Ord. No. 21-2007]
D.
Surface water management plan. Where a surface water management plan
is submitted as part of subdivision or site plan review, there shall
be no separate fee for surface water management plan review. Where
the surface water management plan is not submitted as part of a subdivision
or site plan application, the fee shall be that which is set forth
in the current fee schedule ordinance for land use applications.
E.
Tree removal. Fees for review of plans and reports, including but not limited to a forestry management plan and a tree removal plan and issuance of permits for same shall be as provided in § 550-75 of this chapter.
[Amended 11-9-2004 by Ord. No. 34-2004]
F.
Variances and other appeals. Hearings by the Planning Board, as follows:
[Amended 6-15-2004 by Ord. No. 12-2004; 5-22-2007 by Ord. No.
21-2007; 10-5-2010 by Ord. No. 23-2010; 10-28-2014 by Ord. No.
22-2014]
G.
Zone change request: $1,500. The escrow fee shall be $10,000.
[Amended 5-22-2007 by Ord. No. 21-2007; 2-28-2017 by Ord. No. 6-2017]
H.
Escrow accounts. The escrow shall be paid by each applicant in order
that the Township is fully reimbursed in connection with costs that
it incurs for professional services and related costs in connection
with the review and processing of these types of development applications,
including but not limited to shorthand reporting and transcripts and
the review, inspection and reports of the Township Engineer, Township
Attorney, Board Attorney and any other professionals or consultants
whose services are deemed necessary with respect to processing the
application by the approving authority.
(1)
All escrow moneys shall be deposited by the Township Planner in the
Township's escrow account, and the Township Planner or such other
designee shall set up a ledger page in the name of the applicant.
All disbursements to professional consultants or experts required
to process said application shall be charged against the applicant's
escrow account.
[Amended 5-22-2007 by Ord. No. 21-2007]
(2)
The amount of the initial deposit to said escrow account shall be
remitted at the time of the filing of the application.
(3)
Any of the escrow moneys remaining in the escrow account upon completion
of the application procedure shall be returned to the applicant.
(4)
In the event that the funds in the escrow account should become depleted
prior to the completion of the application procedure and additional
funds are needed to cover the cost of processing said application,
the applicant shall deposit sufficient additional funds. In order
to expedite the processing of applications by the approving authority,
the Township Planner or such other designee shall notify the applicant
immediately upon the depletion of funds in the escrow account or as
soon as an insufficiency of funds becomes evident or is expected.
[Amended 5-22-2007 by Ord. No. 21-2007]
(5)
The approving authority shall not process and/or take action on the
application unless all fees and deposits required in the manner described
above shall have been paid by the applicant.
(6)
All bills submitted to the approving authority by the stenographer,
planning consultant, Township Attorney, Board Attorney or other professionals
containing charges to be applied against an applicant's escrow account
established pursuant to this section shall specify the services performed
in relation to individually identified applications for which the
charges have been incurred.
(7)
Unit charges, i.e., per diem or hourly fees, inspection or expert
testimony charges levied by the stenographer, planning consultant,
Township Attorney, Board Attorney or other professionals for services
rendered in connection with an application may not exceed those unit
charges contracted for and/or approved by the Township agency for
services by said professionals.
(8)
An accounting of all funds to be withdrawn by the Township from the
escrow account shall be submitted by the Director of Planning, Zoning
and Code Enforcement or such other designee to the applicant at least
10 days prior to the withdrawal of said funds. Within said 10 days,
the applicant shall have the opportunity to request, in writing, a
hearing by the approving authority with respect to the reasonableness
of the intended charges against the escrow account. In the event that
the applicant requests such a hearing, no withdrawal shall be made
from the escrow account until the approving authority shall have ruled
on the appeal. If the approving authority finds in favor of the applicant,
the withdrawals shall be adjusted accordingly. If no objection is
filed within 10 days, the funds shall be withdrawn from the escrow
account and transferred to the Township account from which the professionals,
etc., shall be paid.
[Amended 5-22-2007 by Ord. No. 21-2007; 10-28-2014 by Ord. No.
22-2014]
I.
Exemptions from application fees. Only entities supported by public funds and governmental agencies as defined in § 5-1 of Volume I of this Code shall be exempt from payment of all fees required by this section but shall be required to pay any and all escrow and inspection fees established by this chapter.
J.
Religious institutions and charitable institutions as defined in § 5-1 of this Code shall be exempt from payment of all fees required by this chapter if the proposed project involves facilities that benefit the public and the taxpayers of the Township, such as schools, day-care centers and/or senior citizen complexes, but shall be required to pay any and all escrow and inspection fees established by this chapter.
[Added 2-28-1995 by Ord. No. 3-95]
K.
Driveways. In accordance with § 550-42, all applications for permits for new driveways or modifications made to existing driveways that change slope, contour, material to construct driveway or footprint shall be directed to the Township Engineer with an application fee of $25.
[Added 4-28-2009 by Ord. No. 5-2009]
All ordinances or parts of ordinances which are inconsistent
with the provisions of this chapter are hereby repealed to the extent
of such inconsistency. Upon the adoption of this chapter according
to law, all previously adopted subdivision, site plan and zoning ordinances
and their amendments are repealed.
A.
Prior to the final approval of all subdivisions and site plans hereafter
submitted to the Planning Board for final approval, the Board may
require, in accordance with the standards adopted by this chapter,
the installation or the furnishing of a performance guaranty in lieu
thereof of any or all of the following off-site improvements it may
deem to be reasonably related to the public health, safety and general
welfare: street improvements, including sidewalks, and drainage improvements
and water, sewerage and drainage facilities and such other off-site
improvements as the Board may find necessary in the public interest
and easements therefor. Off-site improvements shall include, but not
be limited to, installation of new improvements and extensions and
modifications of the existing improvements in accord with circulation
and comprehensive utility service plans. Upon the recommendation of
the Board as to those off-site improvements necessary, the governing
body shall determine, in the case of each off-site improvement of
the Township of Mount Olive, whether such improvement is to be:
[Amended 10-28-2014 by Ord. No. 22-2014]
(1)
Constructed by the Township of Mount Olive as a general improvement;
(2)
Constructed by the Township of Mount Olive as a local improvement;
or
(3)
Constructed by the developer with a formula providing for partial
reimbursement by the Township of Mount Olive if the improvement benefits
properties other than the subdivision.
B.
The allocation of costs for any off-site improvement shall be determined
and apportioned in accordance with the following standards:
(1)
The Board shall estimate, with the assistance of the Township Engineer
and such other persons having pertinent information or expertise:
(2)
Upon estimation of the cost of the improvement as provided in Subsection B(1) above, the Board may require that the subdivider provide, as a condition for approval of the subdivision application, a bond (or a cash deposit in lieu thereof) to insure payment to the Township satisfactory to the Township Attorney of one of the following amounts:
(a)
If the improvement is to be constructed by the Township as a
general improvement, an amount equal to the difference between the
estimated cost of the improvement and the estimated total amount by
which all properties to be serviced thereby, including the subdivision
property, will be specially benefited by the improvement.
(b)
If the improvement is to be constructed by the Township as a local improvement, then in addition to the amount referred to in Subsection B(2)(a), the estimated amount by which the subdivision property will be specially benefited by the improvements.
(c)
If the improvement is to be constructed by the subdivider, an
amount equal to the estimated cost of the improvement; provided, however,
that if the improvements benefit properties other than the subdivision
property, the Township of Mount Olive shall reimburse the subdivider
for all sums not attributable to the subdivision property, provided
further that in computing said sums, the subdivider shall not be charged
with the amount by which the subdivision property was specially benefited.
(3)
If the improvement is constructed by the Township, the actual cost shall be established, and the subdivider shall be required to pay only his appropriate share of the cost as established by Subsection B(2) above.
(4)
If the improvement is constructed as a local improvement, as provided by Subsection B(2), and the subdivider disputes the determination made by the Tax Assessor as to the special benefit received by the subdivision property by reason of the improvement, its remedy shall be the appeal procedure set forth in N.J.S.A. 40:56-54 and 40:56-55.
(5)
In the event that the developer shall not be required to install
needed off-site or off-tract improvements, the amount of the developer's
share should be paid to the Township Treasurer. All moneys received
by the Township in accordance with the provisions of this section
shall be deposited in an interest-bearing account, and such funds
shall be used only for the improvements for which they are deposited
or improvements serving the same purpose. If the improvements are
not initiated within 15 years from the date of payment or other mutually
agreeable period of time, all deposited funds shall be returned to
the developer, together with accumulated interest.
C.
Standards to determine degree of benefit. In determining to what
degree all affected properties, including those not part of the development,
have been specially benefited by the provision of the off-tract improvement(s),
the Board shall consider the following:
(1)
Road, curb, gutter and sidewalk improvements shall be based upon
the projected percentage increase of traffic volumes. The existing
traffic volumes shall be established by the applicant or may be taken
from other reputable sources if less than five years old. In determining
the improvement need, the Planning Board shall consider traffic patterns,
quality of roads and sidewalks, traffic and intersection capacity
in the area and other factors related to the need created by the subdivision
and the anticipated benefit thereto.
EXAMPLE: A proposed townhouse development is projected to increase
traffic through a nearby intersection which is currently at capacity.
The applicant has engaged a traffic engineer to survey existing traffic
volumes and has projected the number of peak hour trips and directional
split generated by the development. His results indicate that the
development will generate a 15% increase in traffic volume at the
intersection. Therefore, the applicant will be responsible for 15%
of the costs of improving the intersection.
(2)
Drainage facilities shall be based upon the percentage relationship
between the development acreage and the acreage of the total drainage
basins involved.
EXAMPLE: A proposed subdivision occupies 70 acres of land within
a two-hundred-eighty-acre drainage basin. The developer is responsible
for 25% of the cost of off-tract improvements.
(3)
Water supply and distribution facilities shall be based upon the
added facilities required by the total anticipated water use requirements
of the development.
(4)
Sewerage facilities shall be based upon the proportion that the subdivision's
total anticipated volume of sewage effluent bears to the existing
and projected sewage disposal facilities, including but not limited
to lines and other appurtenances leading to and servicing the subdivision.
The Board may also consider types of effluent and particular problems
requiring special equipment or added costs for treatment and all such
requirements in accordance with the rules and regulations of the sewage
treating facility or entity.
D.
Deposits of funds. All moneys received by the Township in accordance
with the provisions of this section shall be paid to the Township
Treasurer, who shall provide for a suitable depository therefor. Such
funds shall be used only for the improvements for which they are deposited
or for improvements servicing the same purpose unless such improvements
are not initiated for a period of 10 years from the date of payment,
after which time said funds shall be transferred to the capital improvement
fund of the Township.
[Amended 12-18-2018 by Ord. No. 36-2018]
A.
No site plan shall be approved by the approving authority until all
items required to be bonded (on-site, off-site and off-tract) in the
public interest have been installed, inspected, certified and approved
by the Township Engineer and accepted by the governing body and a
maintenance guaranty has been filed and accepted by the governing
body in accordance with the requirements of this section or their
installation shall have been provided for by a performance guaranty
accepted and approved by the governing body in accordance with the
requirements of this section. No maintenance bond shall be accepted
nor shall any partial facility be accepted for any item which has
further stages of work to be completed or which will need to be altered
or reworked in any manner due to the installation or connection of
any other facility. Any improvements installed prior to final plat
application that do not meet the standards of this chapter or other
regulations shall be added to the performance guaranty.
B.
A performance guaranty cost estimate shall be submitted to the approving
authority by the Township Engineer as part of his report on site plan
review. The approving authority may request the Township Engineer
to review and update this estimate from time to time.
C.
The proposed performance guaranty required for site plan approval
shall be submitted to the Township Engineer and Township Attorney
for recommendations as to accuracy and form and then to the governing
body for approval and acceptance by resolution. Submission for final
site plan approval shall not be made until the performance guaranty
has been accepted and approved by the governing body.
(1)
The performance guaranty shall consist of the performance guaranty
cost estimate and a performance bond in which the developer shall
be principal and an acceptable surety company licensed to do business
in the State of New Jersey and/or cash or a certified check which
shall be deposited with the Township by payment to the Township Clerk
and forwarded to the Township Treasurer shall be surety. The Treasurer
shall issue a receipt for such deposits and shall retain the deposits
as security for completion of all requirements, to be returned to
the developer on completion of all required work or, in the event
of default on the part of the developer, to used by the Township to
pay the costs of completing the requirements. If the required improvements
have not been completed or corrected and upon authorization by the
governing body, the Township Attorney shall take the necessary steps
to obtain such costs from the obligor and surety. The Township may,
either prior to or after receipt of the proceeds thereof, complete
such improvements.
(2)
The total performance guaranty shall equal 120% of the performance
guaranty cost estimate, plus an amount equal to 15% of the cost of
any facilities installed prior to final submission as a maintenance
guaranty. Ninety percent of this total shall be in either cash, certified
check or surety bond of a bonding company approved by the governing
body. The remaining 10% shall be in cash and shall be paid in like
manner and under the same conditions as the security aforesaid. In
the event of default, the 10% cash fund herein mentioned shall be
first applied to the completion of the requirements; and the cash,
certified check or surety bond shall thereafter be resorted to, if
necessary, for the completion of the requirements. The cash or surety
bond may recite the foregoing provision. The Township Engineer's certification
that the principal has satisfactorily installed or has defaulted in
meeting the required standards of construction shall be the basis
for governing body action which accepts or rejects the improvements,
withholds approval or may extend the time allowed for installation
of the improvements.
D.
If the property or any part of same is sold, or otherwise conveyed
to a successor developer prior to the completion and acceptance of
all improvements, an assignment of developer's agreement and new performance,
maintenance or other guarantees shall be required from the new owner
or successor developer. Upon the transfer of ownership of property
that is the subject of a construction permit, and prior to beginning
or continuing work authorized by the construction permit, the new
owner or successor developer shall file with the Building Department
an application for a permit update to notify the Building Department
of the name and address of the new owner or successor developer and
of all other changes to information previously submitted to the Building
Department. The Building Department shall not approve the application
for a permit update until it receives notification from the governing
body or its designee that the new owner or successor developer has
furnished adequate replacement performance, maintenance or other guarantees
and assignment of developer's agreement.
E.
The Township Clerk shall immediately notify the approving authority,
the Planning Department and the Township Engineer when the performance
guaranty has been approved and accepted by the governing body.
F.
Prior to beginning construction, the developer shall arrange for
a preconstruction conference between the developer, contractor and
Township Engineer. All improvements and utility installations shall
be inspected during the time of their installation under the supervision
of the Township Engineer to ensure satisfactory completion. The Township
Engineer shall be notified by the developer five days in advance of
the start of construction. The cost of said inspection shall be the
responsibility of the developer. The developer shall reimburse the
Township for all reasonable inspection fees by submitting a certified
check or bank money order to the Township Clerk upon receipt of a
bill from the Township. This fee shall be in addition to the amount
of the performance guaranty and all applications fees and shall be
computed as follows:
(1)
The construction inspection fee is to be 5% of the estimated cost
of constructing the improvements, which estimate is to be prepared
and submitted by the developer's engineer and approved by the Township
Engineer with the concurrence of the governing body. In addition to
the basic inspection fee of 5%, any extraordinary fees incurred by
the Township as the result of the retention of special consultants
shall also be the obligation of the developer, and the developer shall
reimburse the Township.
(2)
Improvements costs, as estimated in this section, shall be defined
to include construction and installation cost of grading, pavement,
surveyor's monuments, drainage structures, storm sewers, sanitary
sewers and other means of sewage disposal, water mains, fire protection
features, streets, gutters, curbs, culverts, sidewalks, streetlighting,
shade trees, parking areas, landscaping, street signs, erosion control
and sedimentation control devices, public improvements of open space
and other on-tract improvements.
G.
No work shall be done without permission from the Township Engineer.
No underground installation shall be covered until inspected and approved.
The Township Engineer's office shall be notified after each of the
following phases of the work has been completed so that he may inspect
the work: road subgrade, curb and gutter forms, curbs and gutters,
road paving (after each coat in the case of priming and sealing),
drainage pipes and other drainage structures before backfilling, shade
trees and planting strips, street name signs and monuments.
H.
Electrical, gas, telephone and all other utility installations installed
by utility companies shall not be subject to the inspection requirements
contained herein.
I.
Occupancy permits will be issued only when the installation of curbs,
utilities, functioning water supply and sewage treatment facilities,
necessary storm drainage to ensure proper drainage of the lot and
surrounding land, rough grading of lots, soil stabilization, base
course for the street and driveway and sidewalks are installed to
serve the lot and structure for which the permit is requested. Streets
shall not receive surface course paving until all heavy construction
is completed. Shade trees shall not be planted until all grading and
earth moving is completed. Seeding of grass areas shall be the final
operation.
J.
Inspection by the Township Engineer of the installation of improvements
and utilities shall not subject the Township to liability for claims,
suits or liability of any kind that may arise because of defects or
negligence, it being recognized that the responsibility to provide
proper utilities and improvements and to maintain safe conditions
at all times on all parts of the tract, whether construction is waiting
to start, is in progress or is completed, or any combination of conditions
on all or a part of the tract, is upon the developer and his contractors
or subcontractors, if any.
K.
After completing the construction of the improvements covered by
the performance guaranty, the developer shall prepare two sets of
the improvements and utility plans and the profiles amended to read
"as constructed" and shall apply to the governing body for final inspection
of the work. The Township Engineer shall, within 60 days of completing
the inspection, report, in writing, to the governing body indicating
either approval, partial approval or rejection of the improvements
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
L.
The governing body shall either approve, partially approve or reject
the improvements on the basis of the report of the Township Engineer
and shall notify the obligor, in writing, by certified mail, of the
contents of said report and the action of said approving authority
with relation thereto not later than 65 days after receipt of the
notice from the obligor of the completion of the improvements. Where
partial approval is granted, the obligor shall be released from all
liability pursuant to its performance guaranty, except for that portion
adequately sufficient to secure provision of the improvements not
yet approved. Failure of the governing body to send or provide such
notification to the obligor within 65 days shall be deemed to constitute
approval of the improvements, and the obligor and the surety, if any,
shall be released from all liability, pursuant to such performance
guaranty.
M.
If any portion of the required improvements is rejected, the approving
authority may require the obligor to complete such improvements; and
upon completion, the same procedure of notification as set forth in
this section shall be followed.
N.
The approval of any plat under this chapter by the approving authority
shall in no way be construed as acceptance of any street, drainage
system or other improvement required by this chapter, nor shall such
plat approval obligate the Township in any way to maintain or exercise
jurisdiction over such street, drainage system or other improvement.
Acceptance of any street, drainage system or other improvement shall
be implemented only by favorable action by the governing body.
O.
Maintenance guaranty. No improvement shall be accepted by the governing
body unless and until all of the following conditions have been met:
(1)
The Township Engineer shall have certified, in writing, that all
the improvements are complete and that they comply fully with the
requirements of this chapter and of other applicable local ordinances.
(2)
Provision for a maintenance guaranty to be posted with the governing
body for a period not to exceed two years after final acceptance of
the improvement, in an amount not to exceed 15% of the cost of the
improvement. In the event that other governmental agencies or public
utilities automatically will own the utilities to be installed or
that the improvements are covered by a performance or maintenance
guaranty to another governmental agency, no performance or maintenance
guaranty, as the case may be, shall be required by the municipality
for such utilities or improvements.
P.
An irrevocable letter of credit issued in a form approved by the
Township Attorney and by a bank approved by the Township shall be
accepted in lieu of a performance bond issued by a surety company
as an acceptable performance guaranty. An irrevocable letter of credit
shall not, however, take the place of any required cash bond.
[Amended 12-18-2018 by Ord. No. 36-2018]
A.
Prior to the granting of final approval, the subdivider shall have
furnished performance guaranties, as provided in this chapter, for
the ultimate installation of the following:
(1)
Streets, street signs and streetlighting.
(2)
Street trees.
(3)
Curbs, sidewalks and bikeways.
(4)
Soil erosion and sediment control measures.
(6)
Water mains, where the subdivision is within the area served by a
water company; culverts; storm sewers and sanitary sewers, when the
developer constructs a central sewage disposal plant. All such installations
shall be properly connected with an approved system and shall be adequate
to handle all present and probable future development.
B.
Upon receipt of preliminary major subdivision approval from the Mount Olive Township Planning Board, a developer shall be entitled to install any and all improvements which he is obligated to install under the terms of the resolution of approval; and the developer shall not be required to enter into a developer's agreement nor to post a cash bond, except as provided in § 550-21C and D hereof, prior to installation of such improvements.
C.
If the property or any part of same is sold, or otherwise conveyed
to a successor developer prior to the completion and acceptance of
all improvements, an assignment of developer's agreement, and new
performance, maintenance or other guarantees shall be required from
the new owner or successor developer. Upon the transfer of ownership
of property that is the subject of a construction permit, and prior
to beginning or continuing work authorized by the construction permit,
the new owner or successor developer shall file with the Building
Department an application for a permit update to notify the Building
Department of the name and address of the new owner or successor developer
and of all other changes to information previously submitted to the
Building Department. The Building Department shall not approve the
application for a permit update until it receives notification from
the governing body or its designee that the new owner or successor
developer has furnished adequate replacement performance, maintenance
or other guarantees and assignment of developer's agreement.
D.
The developer shall be required to post a cash bond in an amount
equal to 10% of the total cost of all improvements to reimburse the
Township for the expenditure of any funds used for restoration in
the event that the final subdivision is abandoned or not completed
within the time permitted by statute or which are used to correct
hazardous conditions that may arise in connection with the installation
of improvements. The Township shall not assume any responsibility
to complete the work but may elect to either restore the site or to
complete the improvements under construction.
E.
Notwithstanding anything to the contrary in this chapter or any other
ordinance, no developer shall proceed with the installation of improvements
until the developer has paid the inspection fee required by this chapter,
submitted certificates of insurance evidencing the required amount
of insurance and entered into a preliminary developer's agreement
approved as to form by the Township Attorney.
F.
This section shall apply only to the installation of improvements
prior to the obtaining of final subdivision approval from the Township
Planning Board, and the rights of a developer to install improvements
after obtaining the final subdivision approval shall be governed solely
by the provisions of the Township's zoning provisions and not by this
section.
G.
Nothing herein shall be construed to give the developer any additional
time than is provided according to law to obtain final subdivision
approval, and the developer shall install said improvements at his
own risk.
H.
Guaranties, fees and inspections.
(1)
No final plat shall be approved by the approving authority until
all items required to be bonded (on-site, off-site and off-tract)
in the public interest have been installed, inspected, certified and
approved by the Township Engineer and accepted by the governing body
and a maintenance guaranty has been filed and accepted by the governing
body in accordance with the requirements of this section or their
installation shall have been provided for by a performance guaranty
accepted and approved by the governing body in accordance with the
requirements of this section. No maintenance bond shall be accepted
nor shall any partial facility be accepted for any item which has
further stages of work to be completed or which will need to be altered
or reworked in any manner due to the installation or connection of
any other facility. Any improvements installed prior to final plat
application that do not meet the standards of this chapter or other
regulations shall be added to the performance guaranty.
(2)
A performance cost estimate shall be submitted to the approving authority
by the Township Engineer as part of his report on final plat review.
The approving authority may request the Township Engineer to review
and update this estimate, from time to time, as required.
(3)
The proposed performance guaranty required for final plat approval
shall be submitted to the Township Engineer and Township Attorney
for recommendations as to accuracy and form and then to the governing
body for approval and acceptance by resolution. Submission for final
plat approval shall not be made until the performance guaranty has
been accepted and approved by the governing body.
(a)
The performance guaranty shall consist of the performance guaranty
cost estimate and a performance bond in which the developer shall
be principal and an acceptable surety company licensed to do business
in the State of New Jersey and/or cash or a certified check which
shall be deposited with the Township by payment to the Township Clerk
and forwarded to the Township Treasurer shall be surety. The Treasurer
shall issue a receipt for such deposits and shall retain the deposits
as security for completion of all requirements, to be returned to
the developer on completion of all required work or, in the event
of default on the part of the developer, to be used by the Township
to pay the costs of completing the requirements. If the required improvements
have not been completed or corrected in accordance with the standards
of the Township or within the stipulated time, the obligor and surety
for any bond shall be liable thereon to the Township for the reasonable
cost of the improvements not completed or corrected; and upon authorization
by the governing body, the Township Attorney shall take the necessary
steps to obtain such costs from the obligor and surety. The Township
may, either prior to or after receipt of the proceeds thereof, complete
such improvements.
(b)
The total performance guaranty shall equal 120% of the performance
guaranty cost estimate, plus an amount equal to 15% of the cost of
any facilities installed prior to final submission as a maintenance
guaranty. Ninety percent of this total shall be in either cash, certified
check or surety bond of a bonding company approved by the governing
body. The remaining 10% shall be in cash and shall be paid in like
manner and under the same conditions as the security aforesaid. In
the event of default, the 10% cash fund herein mentioned shall be
first applied to the completion of the requirements; and the cash,
certified check or surety bond shall thereafter be resorted to, if
necessary, for the completion of the requirements. The cash or surety
bond may recite the foregoing provision. The Township Engineer's certification
that the principal has satisfactorily installed or has defaulted in
meeting the required standards of construction shall be the basis
for governing body action which accepts or rejects the improvements,
withholds approval or may extend the time allowed for installation
of the improvements.
(4)
The Township Clerk shall immediately notify the approving authority,
the Planning Department and the Township Engineer when the performance
guaranty has been approved and accepted by the governing body.
(5)
Prior to beginning construction, the developer shall arrange for
a preconstruction conference between the developer, contractor and
Township Engineer. All improvements and utility installations shall
be inspected during the time of their installation under the supervision
of the Township Engineer to ensure satisfactory completion. The Township
Engineer shall be notified by the developer five days in advance of
the start of construction. The cost of said inspection shall be the
responsibility of the developer. The developer shall reimburse the
municipality for all reasonable inspection fees by submitting a certified
check or bank money order to the Township Clerk upon receipt of a
bill from the municipality. This fee shall be in addition to the amount
of the performance guaranty and all applications fees and computed
as follows:
(a)
The construction inspection fee is to be $500 or 5% of the estimated
cost of constructing the improvements, whichever is greater, which
estimate is to be prepared and submitted by the developer's engineer
and approved by the Township Engineer with the concurrence of the
governing body. In addition to the basic inspection fee of 5%, any
extraordinary fees incurred by the Township as the result of the retention
of special consultants shall also be the obligation of the developer,
and the developer shall reimburse the Township.
(b)
Improvement costs, as estimated in this section, shall be defined
to include construction and installation cost of grading, pavement,
surveyor's monuments, drainage structures, storm sewers, sanitary
sewers and other means of sewage disposal, water mains, fire protection
features, streets, gutters, curbs, culverts, sidewalks, streetlighting,
shade trees, parking areas, landscaping, street signs, erosion control
and sedimentation control devices, public improvements of open space
and other on-tract improvements.
(6)
No work shall be done without permission from the Municipal Engineer.
No underground installation shall be covered until inspected and approved.
The Township Engineer's office shall be notified after each of the
following phases of work has been completed so that he may inspect
the work: road subgrade, curb and gutter forms, curbs and gutters,
road paving (after each coat in the case of priming and sealing),
drainage pipes and other drainage structures before backfilling, shade
trees and planting strips, street name signs and monuments.
(7)
Electrical, gas, telephone and all other utility installations installed
by utility companies shall not be subject to the inspection requirements
contained herein.
(8)
Occupancy permits will be issued only when the installation of curbs,
utilities, approved water supply and sewage treatment facilities,
necessary storm drainage to ensure proper drainage of the lot and
surrounding land, rough grading of lots, soil stabilization, base
and top course for the street and driveway and sidewalks are installed
to serve the lot and structure for which the permit is requested.
Shade trees shall not be planted until all grading and earth moving
is completed. Seeding of grass areas shall be the final operation.
(9)
Inspection by the Township Engineer of the installation of improvements
and utilities shall not subject the municipality to liability for
claims, suits or liability of any kind that may arise because of defects
or negligence, it being recognized that the responsibility to provide
proper utilities and improvements and to maintain safe conditions
at all times on all parts of the tract, whether construction is waiting
to start, is in progress or is completed, or any combination of conditions
on all or part of the tract, is upon the developer and his contractors
or subcontractors, if any.
(10)
After completing the construction of the improvements covered
by the performance guaranty, the developer shall prepare two sets
of the improvements and utility plans and the profiles amended to
read "as constructed" and apply to the governing body for final inspection
of the work. The Township Engineer shall, within 60 days of completing
the inspection, report, in writing, to the governing body indicating
either approval, partial approval or rejection of the improvements
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
(11)
The governing body shall either approve, partially approve or
reject the improvements on the basis of the report of the Township
Engineer and shall notify the obligor, in writing, by certified mail,
of the contents of said report and the action of said approving authority
with relation thereto not later than 65 days after receipt of the
notice from the obligor of the completion of the improvements. Where
partial approval is granted, the obligor shall be released from all
liability pursuant to its performance guaranty, except for that portion
adequately sufficient to secure provision of the improvements not
yet approved. Failure of the governing body to send or provide such
notification to the obligor within 65 days shall be deemed to constitute
approval of the improvements, and the obligor and surety, if any,
shall be released from liability, pursuant to such performance guaranty.
(12)
If any portion of the required improvements is rejected, the
approving authority may require the obligor to complete such improvements;
and upon completion, the same procedure of notification as set forth
in this section shall be followed.
(13)
The approval of any plat under this chapter by the approving
authority shall in no way be construed as acceptance of any street,
drainage system or other improvement required by this chapter, nor
shall such plat approval obligate the Township in any way to maintain
or exercise jurisdiction over such street, drainage system or other
improvement. Acceptance of any street, drainage system or other improvement
shall be implemented only by favorable action by the governing body.
(14)
Maintenance guaranty. No improvement shall be accepted by the
governing body unless and until all of the following conditions have
been met:
(a)
The Municipal Engineer shall have certified, in writing, that
all the improvements are complete and that they comply fully with
the requirements of this chapter and of other applicable local ordinances.
(b)
Provision for a maintenance guaranty to be posted with the governing
body for a period not to exceed two years after final acceptance of
the improvement, in an amount not to exceed 15% of the cost of the
improvement. In the event that other governmental agencies or public
utilities automatically will own the utilities to be installed or
that the improvements are covered by a performance or maintenance
guaranty to another governmental agency, no performance or maintenance
guaranty, as the case may be, shall be required by the municipality
for such utilities or improvements.
(15)
An irrevocable letter of credit issued in a form approved by
the Township Attorney and by a bank approved by the Township shall
be accepted in lieu of a performance bond issued by a surety company
as an acceptable performance guaranty. An irrevocable letter of credit
shall not, however, take the place of any required cash bond.
[Added 3-11-2003 by Ord. No. 13-2003]
A.
As a condition of preliminary approval and prior to conveyance of
any of the subdivided lots, the developer shall deposit with the Township
sufficient funds to provide for the maintenance of any detention or
retention basins which are to be dedicated to the Township. The amount
of the contribution for maintenance shall be determined by the Township
Engineer, which shall be an amount sufficient to maintain the facilities
for a period of 25 years. The contribution to be determined by the
Township Engineer shall take into consideration at least the following
factors: the costs of labor and equipment to maintain the facilities
on a routine basis, and to do so in accordance with proper maintenance
and landscaping practices. There is attached hereto a worksheet for
determining developer contribution for detention basin maintenance,
entitled "Exhibit A."[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
B.
The amount to be deposited by any developer shall be fixed and determined
prior to the execution of a developer's agreement with the Township
and shall be deposited with the Township prior to execution of the
final developer's agreement and/or execution of the final subdivision
plat or final site plan by the Mayor and Township Clerk.
C.
Maintenance of the stormwater management facilities shall address
the following:
(1)
Control of weed growth.
(2)
Maintenance of grass turf.
(3)
Control of sediments.
(4)
Bank determination.
(5)
Control of mosquitoes and other insects.
(6)
Monthly inspections for debris and litter.
(7)
Yearly inspection of all other drainage structures within the detention
basin.
(8)
Yearly replacement of dead trees within the detention basins.
A.
No zoning permit, building permit or certificate of occupancy shall
be issued for any parcel of land or structure which was sold or on
which improvements were undertaken in violation of the provisions
of this chapter or for use of a lot which was created by subdivision
after the effective date of and not in conformity with the provisions
of this chapter. No site improvements, such as but not limited to
additions, patios, decks, fences, detached garages, sheds, excavation
or construction of public or private improvements, shall be commenced
except in conformance with this chapter in accordance with plat approvals
and the issuance of required permits.
[Amended 10-5-2010 by Ord. No. 23-2010; 10-28-2014 by Ord. No.
22-2014]
B.
A zoning permit shall be issued by the Zoning Officer before the
issuance of either a certificate of occupancy to a new occupant of
an existing building or portions of an existing building or before
the issuance of a building permit.
C.
It shall be unlawful to use or permit the use of any building or
part thereof hereafter created, erected, changed, converted, altered
or enlarged, wholly or in part, until a certificate of occupancy shall
have been issued by the Zoning Officer; and no certificate shall be
issued unless the land, building and use thereof comply with this
chapter; all matters incorporated on the approved subdivision or site
plan have been completed and certified by the Township Engineer; and
the building and health codes are complied with.
D.
Each request for a zoning permit and a certificate of occupancy shall
be accompanied by a check payable to the Township of Mount Olive in
the amount of $25 for a residential zoning permit; $100 for a nonresidential
zoning permit; and $5 per dwelling unit for a certificate of occupancy
and $50 for each 1,000 square feet of gross floor area of nonresidential
use for a certificate of occupancy.
[Amended 6-15-2004 by Ord. No. 12-2004; 10-5-2010 by Ord. No.
23-2010]
E.
Where
subject property is governed by rules and regulations of an association,
the zoning permit application shall include documentation that said
association has authorized the submission of the application for the
proposed use and/ or site improvement( s).
[Added 11-10-2020 by Ord. No. 21-2020]
A.
Continuation of Planning Board. The Planning Board, as heretofore
established, shall be and is hereby continued with all powers and
duties as described herein.
B.
Planning Board membership; terms.
(1)
There shall be a nine-member Planning Board, the membership of which
shall consist of the following four classes:
(a)
Class I: the Mayor or the Mayor's designee in the absence of
the Mayor;
(b)
Class II: one of the officials of the Township other than a
member of the governing body, to be appointed by the Mayor; provided
that if there be an Environmental Commission, the member of the Environmental
Commission who is also a member of the Planning Board as required
by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board
member for purposes of this section in the event that there be among
the Class IV or alternate members of the Planning Board a member of
the Board of Education.
(c)
Class III: a member of the governing body to be appointed by
it.
(d)
Class IV: other citizens of the Township, to be appointed by
the Mayor. The members of Class IV shall hold no other municipal office,
position or employment except that one such member may be a member
of the Historic Preservation Commission. Not more than one member
of the Board of Education may be a Class IV member of the Planning
Board. If and while there is an Environmental Commission, the member
of the Environmental Commission who is also a member of the Planning
Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning
Board member, unless there be among the Class IV or alternate members
of the Planning Board a member of the Historic Preservation Commission
and a member of the Board of Education, in which case the member common
to the Planning Board and Environmental Commission shall be deemed
a Class II member of the Planning Board. For the purpose of this section,
membership on a Township board or commission whose function is advisory
in nature, and the establishment of which is discretionary and not
required by statute, shall not be considered the holding of municipal
office.
(2)
The term of the member composing Class I shall correspond to such
member's official tenure. If such member is the Mayor's designee in
the absence of the Mayor, the designee shall serve at the pleasure
of the Mayor during the Mayor's official tenure. The terms of the
members composing Class II and Class III shall be for one year or
terminate at the completion of their respective terms of office, whichever
occurs first, except for a Class II member who is also a member of
the Environmental Commission. The term of a Class II or Class IV member
who is also a member of the Environmental Commission shall be for
three years or terminate at the completion of his term of office as
a member of the Environmental Commission, whichever occurs first.
The term of a Class IV member who is also a member of the Board of
Education shall terminate whenever he is no longer a member of such
other body or at the completion of his Class IV term, whichever occurs
first. To the greatest practicable extent, the expiration of the terms
of all Class IV members shall be distributed so that concurrent term
expirations are avoided, provided that the initial Class IV term for
no member shall exceed four years. After the establishment of the
Board's membership as aforesaid, the Class IV term of each member
shall be four years. If a vacancy in any class shall occur otherwise
than by expiration of the Planning Board term, it shall be filled
by appointment, as above provided for the unexpired term.
(3)
No member of the Planning Board shall be permitted to act on any
matter in which he or she has, either directly or indirectly, any
personal or financial interest. Any member other than a Class I member,
after a public hearing if requested, may be removed by the governing
body for cause.
(4)
The terms of appointment of any current Planning Board shall continue,
and new members shall be appointed to expired terms.
(5)
The Mayor may appoint a designee to serve at his pleasure, provided
a letter of appointment is filed with the Township Clerk. Any person
appointed shall serve until a letter of appointment of another person
is filed with the Township Clerk.
(6)
All members of the Board, except the Class II member, shall be municipal
residents.
C.
Alternate members.
(1)
There shall be two alternate members of the Planning Board, both
of whom shall be municipal residents. Alternate members shall be appointed
by the appointing authority for Class IV members and shall meet the
qualifications of Class IV members. Alternate members shall be designated
at the time of appointment as "Alternate No. 1" and "Alternate No.
2." The terms of the alternate members shall be for two years, except
that the terms of the alternate members shall be such that the term
of not more than one alternate member shall expire in any one year;
provided, however, that in no instance shall the terms of the alternate
members first appointed exceed two years. A vacancy occurring otherwise
than by expiration of term shall be filled by the appointing authority
for the unexpired term only.
(2)
No alternate member shall be permitted to act on any matter in which
he or she has, either directly or indirectly, any personal or financial
interest. An alternate member may, after public hearing if requested,
be removed by the governing body for cause.
(3)
Alternate members may participate in all matters but may not vote
except in the absence or disqualification of a regular member of any
class. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate member is to vote, Alternate No.
1 shall vote.
D.
Lack of quorum; substitute members. If the Planning Board lacks a
quorum because any of its regular or alternate members is prohibited
from acting on a matter due to the member's personal or financial
interest therein, the Chairman of the Planning Board shall appoint
such persons to serve as substitute members as may be necessary to
constitute a quorum for that matter only. Any such substitute member
shall have the same qualifications as a Class IV member of the Board,
including completion of required educational courses.
E.
Organization of Planning Board; offices; expenses. The Planning Board
shall elect a Chairman and Vice Chairman from the members of Class
IV, and select a Secretary who may or may not be a member of the Planning
Board or a municipal employee, and create and fill such other offices
as established by ordinance. An alternate member shall not serve as
Chairman or Vice Chairman of the Planning Board. The Board shall have
legal counsel pursuant to contract at a fixed rate of compensation,
who shall be an attorney at law of the State of New Jersey, other
than the Municipal Attorney, and who shall be qualified to serve the
Planning Board pursuant to Section 1:1-3 of the Rules and Regulations
of the Planning Board adopted pursuant to N.J.S.A. 40:55D-8, as amended.
The Board may also appoint a licensed professional engineer in the
State of New Jersey in accordance with Section 1:104 of the Rules
and Regulations of the Planning Board, who need not be the Township
Engineer. The Board may also appoint or engage a licensed professional
planner in the State of New Jersey pursuant to Section 1:1-5 of the
Rules. The Board may also employ, contract for and fix the compensation
of other staff and services as it may deem necessary, not exceeding,
exclusive of gifts or grants, the amount appropriated by the governing
body for its use. The governing body shall make provision in its budget
and appropriate funds for the expenses of the Planning Board.
F.
Powers.
(1)
The Planning Board shall follow the provisions of this Code and the
Municipal Land Use Law[2] and shall accordingly exercise its powers in regard to:
(a)
The Master Plan;
(b)
Subdivision control and site plan review;
(c)
The Official Map, if there be one;
(d)
The Zoning Ordinance;
(e)
Conditional uses;
(f)
Capital improvements program;
(g)
Variances and certain building permits in conjunction with subdivision,
site plan and conditional use approval.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
The Planning Board shall also have the following powers formerly
exercised by the Zoning Board of Adjustment:
(a)
Hear and decide appeals where it is alleged by the appellant
that there is error in any order, requirement, decision or refusal
made by an administrative officer based on, or made in the enforcement
of, the Zoning Ordinance.
(b)
Hear and decide requests for interpretation of the Zoning Map
or Ordinance, or for decisions upon other special questions upon which
the Board is authorized to pass by any zoning or Official Map ordinance
in accordance with this chapter and the Municipal Land Use Law.
(c)
Variances.
[1]
Where, by reason of exceptional narrowness, shallowness or shape
of a specific piece of property, or by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property, or by reason of an extraordinary and exceptional situation
uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any zoning regulation
would result in peculiar and exceptional practical difficulties to,
or exceptional and undue hardship upon, the developer of such property,
grant, upon an application or an appeal relating to such property,
a variance from such strict application of such regulation so as to
relieve such difficulties or hardship;
[2]
Where, in an application or appeal relating to a specific piece
of property, the purposes of zoning would be advanced by a deviation
from the Zoning Ordinance requirements and the benefits of the deviation
would substantially outweigh any detriment, grant a variance to allow
departure from such regulations; provided, however, that no variance
from those departures enumerated in N.J.S.A. 40:55D-70d of this section
shall be granted under this subsection; and provided that the proposed
development does not require approval by the Planning Board of a subdivision,
site plan or conditional use in conjunction with which the Planning
Board has power to review a request for a variance pursuant to N.J.S.A.
40:55D-60a.
(d)
In particular cases and for special reasons, grant of a variance
to allow departure from zoning regulations to permit a use or principal
structure in a district restricted against such use or principal structure;
an expansion of a nonconforming use; deviation from a specification
or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a
conditional use; an increase in the permitted floor area ratio as
defined in N.J.S.A. 40:55D-4; an increase in the permitted density
as defined in N.J.S.A. 40:55D-4, except as applied to the required
lot area for a lot or lots for detached one- or two-dwelling-unit
buildings, which lot or lots are either an isolated undersized lot
or lots resulting from a minor subdivision; or a height of a principal
structure which exceeds by 10 feet or 10% the maximum height permitted
in the district for a principal structure. A variance under the subsection
shall be granted only by affirmative vote of at least five members.
(f)
No variance or other relief may be granted under the terms of
this section unless such variance or other relief can be granted without
substantial detriment to the public good and will not substantially
impair the intent and the purpose of the zone plan and Zoning Ordinance.
(g)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for
a building or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
(h)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for
a building or structure not related to a street.
(i)
Hear appeals taken by any interested party affected by any decision
of an administrative officer of the Township based on or made in the
enforcement of the Zoning Ordinance or Official Map; provided, however,
that nothing herein contained shall be construed as to require a developer
to file an application for development with the Planning Board for
action under any of its powers without prior application to an administrative
officer.
(j)
Hear appeals, pursuant to N.J.S.A. 4055D-70a, concerning the question of error in any order, requirement, decision or refusal made by the administrative officer pursuant to a report submitted by the Historic Preservation Commission in accordance with Article X.
(k)
Grant, to the same extent and subject to the same restrictions
as the Planning Board, subdivision or site plan approval or conditional
use approval whenever the proposed development requires approval by
the Planning Board of the variance pursuant to Subsection d of N.J.S.A.
40:55D-70.
(l)
The Planning Board shall, at least once a year, review its decisions
on applications and appeals for variances and prepare and adopt by
resolution a report of its findings on Zoning Ordinance provisions
which were the subject of variance requests and its recommendations
for Zoning Ordinance amendment or revision, if any. The Board shall
send copies of the report and resolution to the governing body.
(3)
The Planning Board may:
(a)
Participate in the review of programs or plans required by state
or federal law or regulation;
(b)
Assemble data on a continuing basis as part of a continuous
planning process; and
(c)
Perform such other advisory duties as are assigned to it by
ordinance or resolution of the governing body for the aid and assistance
of the governing body or other agencies or officers.
(4)
Whenever the proposed development requires approval of a subdivision, site plan or conditional use, and a variance pursuant to Subsection d of N.J.S.A. 40:55D-70, the Planning Board shall have the power to grant same in its capacity as the Zoning Board of Adjustment as per Subsection F(2).
[Amended 10-28-2014 by Ord. No. 22-2014]
(5)
Whenever relief is requested pursuant to this section, notice of
the hearing on the application for development shall include reference
to the request for a variance, or direction for issuance of a permit,
as the case may be. The developer may elect to submit a separate application
requesting approval of the variance or direction of the issuance of
a permit and a subsequent application for any required approval of
a subdivision, site plan or conditional use. The separate approval
of the variance or direction of the issuance of a permit shall be
conditioned upon grant of all required subsequent approvals by the
Planning Board. No such subsequent approval shall be granted unless
the approval can be granted without substantial detriment to the public
good and without substantial detriment to the public good and without
substantial impairment of the intent and purpose of the zone plan
and Zoning Ordinance.
(6)
The Planning Board shall have referral power whenever a development
regulation, revision or amendment thereto is proposed. Prior to the
adoption of any such regulation, revision or amendment, the Planning
Board shall receive a true copy of the same as introduced by the governing
body, and shall make and transmit to the governing body, within 35
days after referral, a report including identification of any provisions
in the proposed regulation, revision or amendment which are inconsistent
with the Master Plan, and any recommendations concerning these inconsistencies
and any other matters as the Board deems appropriate. The governing
body, when considering the adoption of such regulation, revision or
amendment, shall review the report of the Planning Board and may disapprove
or change any recommendation by a vote of a majority of its full authorized
membership and shall record in its minutes the reasons for not following
such recommendations. The failure of the Planning Board to transmit
its report within the thirty-five-day period provided herein shall
relieve the governing body from the requirements of this subsection.
Nothing in this subsection shall be construed as diminishing the application
of the provisions of N.J.S.A. 40:55D-32 if there be an Official Map,
or Subsection a of N.J.S.A. 40:55D-62 to any zoning ordinance or any
amendment or revision thereto.
(7)
The governing body may by ordinance provide for the reference of
any matter or class of matters to the Planning Board before final
action thereon by the governing body or municipal officer having final
authority thereon. Whenever the Planning Board shall have made a recommendation
regarding a matter authorized by this subsection to another municipal
body, such recommendation may be rejected only by a majority of the
full authorized membership of such other body.
[Amended 10-28-2014 by Ord. No. 22-2014]
G.
Citizens' Advisory Committee; copies of applications for Environmental
Commission.
(1)
The Planning Board may be assisted in its duties by a Citizens' Advisory
Committee, which shall have no power to vote or take other action
required of the Board, and which shall be appointed and serve at the
pleasure of the Mayor.
(2)
If the Environmental Commission has prepared and submitted to the
Planning Board an index of the natural resources of the Township of
Mount Olive, the Planning Board shall make available to the Environmental
Commission an informational copy of every application for development
submitted to the Board. Failure of the Planning Board to make such
informational copy available to the Environmental Commission shall
not invalidate any hearing or proceeding.
H.
Capital improvement program.
(1)
The Planning Board may be authorized by the governing body from time
to time to prepare a program of municipal capital improvement projects
projected over a term of at least six years, and amendments thereto.
Such program may encompass major projects being currently undertaken
or future projects to be undertaken, with federal, state, county and
other public funds or under federal, state or county supervision.
The first year of such programs shall, upon adoption by the governing
body, constitute the capital budget as required by N.J.S.A. 40A:4-43
et seq. The program shall classify projects in regard to the urgency
and need for realization and shall recommend a time sequence for implementation.
The program may also contain the estimate cost of each project and
indicate probable operating and maintenance costs and probable revenues,
if any, as well as existing sources of funds or the need for additional
sources of funds for the implementation and operation of each project.
The program shall, as far as possible, be based on existing information
in the possession of the departments and agencies of the Township
and shall take into account public facility needs indicated by the
perspective development shown in the Master Plan or as permitted by
other land use controls contained in this Code.
(a)
In preparing such program, the Planning Board shall confer,
in a manner deemed appropriate by the Board, with the Mayor, the Chief
Financial Officer, and other Township officials and agencies as well
as the school board.
(b)
Any such programs shall include an estimate of the displacement
of persons and establishments caused by each recommended project.
(2)
In addition to any of the requirements in Subsection H(1) of this section, whenever the Planning Board is authorized and directed to prepare a capital improvements program, every Township department, authority or agency shall, upon request of the Planning Board, transmit to the Board a statement of all capital projects proposed to be undertaken by such department, authority or agency, during the term of the program, for study, advice and recommendation by the Planning Board.
(3)
Whenever the Planning Board has prepared a capital improvement program
as aforesaid, it shall recommend such program to the governing body,
which may adopt such program with any modification approved by affirmative
vote of a majority of the full authorized membership of the governing
body and with the reasons for said modification recorded in its minutes,
(4)
Whenever the Planning Board shall have adopted any portion of the
Master Plan, the governing body or other public agency having jurisdiction
over the subject matter, before taking action necessitating the expenditure
of any public funds, incidental to the location, character or extent
of such project, shall refer the action involving such specific project
to the Planning Board for review and recommendation in conjunction
with such Master Plan and shall not act thereon, without such recommendation
or until 45 days have elapsed after such reference without receiving
such recommendation. This requirement shall apply to action by a housing,
parking, highway, special district, or other authority, redevelopment
agency, school board or other similar public agency, state, county
or municipal.
I.
In the granting of hardship and use variances, a time limit of one
year from the date of the variance approval shall be set, within which
time the owner shall secure a building permit; otherwise, the variance
granted shall be null and void unless otherwise extended by the Planning
Board upon a showing that the circumstances under which the original
variance was granted have not changed and for other good cause shown.
[Added 10-5-2010 by Ord. No. 23-2010]
[1]
Editor's Note: This ordinance also dissolved the Board of
Adjustment. Voters of the Township of Mount Olive, by referendum held
11-3-2009, granted authority to the Planning Board to exercise all
powers of a Board of Adjustment.
[Amended 10-5-2010 by Ord. No. 23-2010]
Any development involving a portion of a flood hazard area shall
be the subject of a public hearing. All public hearings conducted
on site plans, variances or appeals pursuant to N.J.S.A. 40:55D-70a
before the Planning Board shall follow the requirements of the Municipal
Land Use Law as summarized below:
A.
Any maps and documents submitted for approval shall be on file and
available for public inspection at least 10 days before the hearing
date during normal business hours in the office of the administrative
officer.
B.
The approving authority shall provide for the verbatim recording
of the proceedings by either stenographic, mechanical or electronic
means. Minutes of every regular or special meeting shall be made available
for public inspection during normal business hours at the office of
the Secretary of the Board. Any interested party shall have the right
to request copy of minutes by filing an information request form with
the Township Clerk. In accordance with Ordinance 3-2011 copy of the
minutes of the meetings of the Planning Board shall be free of charge.
[Amended 10-28-2014 by Ord. No. 22-2014]
C.
Each decision on any application shall be in writing and shall include
findings of facts and conclusions based thereon.
(1)
A copy of the decision shall be mailed by the approving authority within 10 days of the decision to the applicant or, if represented by an attorney, then to the attorney; and a copy shall also be filed in the office of the administrative officer. In accordance with § 164-1E, a copy of the decision of the Planning Board shall be free of charge.
[Amended 10-28-2014 by Ord. No. 22-2014]
(2)
A brief notice of the decision shall also be published in the official
newspaper of the municipality, the publication of which shall be arranged
by the administrative officer. The period of time in which an appeal
of the decision may be made shall run from the first publication of
the decision.
D.
All notices shall state the date, time and place of the hearing,
the nature of the matters to be considered and an identification of
the property proposed for development by street addresses, if any,
or by reference to lot and block numbers and the location and times
at which any maps and documents are available for public inspection.
Public notice of a hearing shall be given for the following applications/matters:
[Amended 10-28-2014 by Ord. No. 22-2014]
(1)
Application for preliminary approval of major subdivision.
(2)
Application which requires a variance, direction for issuance of
permit per N.J.S.A. 40:55D-34 and 36; interpretation of Zoning Map
or Zoning Ordinance per N.J.S.A. 40:55D-70(b); appeal of order of
an administrative officer of the Township per N.J.S.A. 40:55D-70(a);
certification of preexisting nonconforming use per N.J.S.A. 40:55D-68;
or conditional use per N.J.S.A. 40:55D-67.
(3)
Application for preliminary site plan approval.
(4)
Extension of preliminary major subdivision or a preliminary site
plan per N.J.S.A. 40:55D-49(d) or extension of final major subdivision
or a final site plan per N.J.S.A. 40:55D-52(b) for period of five
years or more.
(5)
Modification or elimination of a significant condition or conditions
in memorializing resolution in any situation wherein the application
for development to which the resolution pertains required public notice.
E.
All notices shall be the responsibility of the applicant, except
as may be set forth above, and shall be given at least 10 days prior
to the hearing date:
(1)
Public notice shall be given by publication in the official newspaper
of the municipality, if there be one, or in a newspaper of general
circulation in the municipality.
(2)
Notice shall be given to the owners of all real property, as shown
on the current tax duplicate, located within 200 feet in all directions
of the property which is the subject of such hearing. This notice
shall be given by either serving a copy thereof on the property owner
as shown on said current tax duplicate or his agent in charge of the
property or mailing a copy thereof, by certified mail, to the property
owner at his address as shown on said current tax duplicate.
(3)
Notice to a partnership owner may made by service upon any partner.
Notice to a corporate owner may be made by service upon its President,
a Vice President, Secretary or other person authorized by appointment
or by law to accept service on behalf of the corporation.
(4)
Notice of all hearings on applications for development involving
property located within 200 feet of an adjoining municipality shall
be given, by personal service or certified mail, to the Clerk of such
municipality.
(5)
Notice shall be given, by personal service or certified mail, to:
(a)
The County Planning Board, where the hearing concerns a property
adjacent to an existing county road or proposed road shown on the
Official County Map or on the County Master Plan, adjoining other
county land or situated within 200 feet of a municipal boundary.
(b)
The Commissioner of Transportation, where the hearing concerns
a property adjacent to a state highway.
(c)
The State Planning Commission, where the hearing concerns a
property which exceeds 150 acres or exceeds 500 dwelling units; and
the notice to the Commission shall include a copy of any maps or documents
required to be on file with the administrative officer.
F.
The applicant shall file an affidavit of proof of service with the
municipal agency holding the hearing. Any notice made by certified
mail shall be deemed complete upon mailing.
A site plan approval is required for all developments except
one- and two-family dwellings and farm buildings. Any site plan receiving
final approval prior to the effective date of this chapter shall be
subject to the provisions of the applicable Zoning and Site Plan Ordinance
in effect on the date of its final approval. Public uses shall be
subject to Planning Board review pursuant to N.J.S.A. 40:55D-31, Review
of capital projects, and shall also be subject to site plan review
by the Planning Board, as provided for in this chapter.
[Amended 10-28-2014 by Ord. No. 22-2014]
A.
The Planning Board shall approve all subdivisions. The Planning Board, when reviewing these applications, shall have the power to grant exceptions as noted in § 550-16, Exceptions. The Planning Board shall have the following authority:
(1)
Grant a variance from such strict application of the zoning regulations
where, by reason of exceptional narrowness, shallowness or shape of
a specific piece of property or by reason of exceptional topographic
conditions or by reason of other extraordinary and exceptional situation
or condition of such piece of property, the strict application of
any regulation of this chapter would result in peculiar and exceptional
practical difficulties to or exceptional and undue hardship upon the
developer of such property in order to relieve such difficulties or
hardship.
(2)
Whenever relief is requested pursuant to this section, notice of
the hearing on the application for development shall include reference
to the request for a variance or direction for issuance of a permit,
as the case may be. Whenever an application for approval of a subdivision
plat includes a request for a variance or the issuance of a permit,
the Planning Board shall grant or deny approval of the application
within 120 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 this
period shall constitute approval of the application.
(3)
Hearing notices and actions taken by the Planning Board, when reviewing a subdivision simultaneously with applications requiring considerations for conditional uses, variances or permits for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area or for permits for a building or structure not related to a street, shall be in accordance with § 550-25, Public hearings and notices.
(4)
In the event that the Planning Board disapproves a development plan,
no building permit or certificate of occupancy shall be issued. Any
applicant wishing to make a change in an approved application shall
follow the same procedure as in the original application.
(5)
The Planning Board shall have the authority to permit a deviation
from the final plan if caused by a change of conditions beyond the
control of the developer since the date of final approval and if the
deviation would not substantially alter the character of the development
or substantially impair the intent and purpose of the Master Plan
and the Zoning Ordinance.
B.
Whenever an applicant shall request a variance to allow a structure
or use in a district restricted against such structure or use, the
Planning Board shall have the power to grant subdivision approval
in conjunction with its action on the use variance and may impose
restrictions on the subdivision application.
C.
Conditional approval. Regulation of the development of land and the
attachment of reasonable conditions to development applications is
an exercise of valid police power delegated by the state to this municipality.
The applicant has the duty of compliance with reasonable conditions
laid down by the approving authority for design, dedication, improvements
and the use of the land so as to conform to the physical and economical
development of the municipality and to the safety and general welfare
of the future residents and/or owners in the development and in the
community at large. Where County Planning Board review or approval
is required on a subdivision, the approving authority shall condition
any approval it grants upon either timely receipt of a favorable report
by the County Planning Board or approval by the County Planning Board
due to its failure to submit a report within the required time period.
If the county's report is negative or attaches conditions, the original
action by the municipal approving authority shall be null and void
and a new resolution shall be adopted which considers the County Planning
Board's report.
D.
Exceptions. The approving authority, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the design standards in Article V of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval 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.
E.
The approving authority shall have the power to review and approve
or deny conditional uses or site plans simultaneously with a review
for subdivision approval without the developer being required to make
further hearings. The longest time period for action by the approving
authority, whether it be for subdivision, conditional use or site
plan approval, shall apply. Whenever approval of a conditional use
is requested by the developer in conjunction with a site plan or subdivision,
notice of the hearing on the plat shall include reference to the request
for such conditional use.
F.
Exemptions from subdivision regulations. Divisions of land not considered
a subdivision as defined in this chapter shall be exempt from compliance
with the requirements of this chapter only after affirmation action
by the approving authority. Such action shall be taken following submission
of documentation to the approving authority showing the division of
land for agricultural purposes where all resulting parcels are five
acres or larger in size; divisions by testamentary or intestate provisions;
divisions of property by court order; and conveyances so as to combine
existing lots by deed or other instrument, as the case may be. Until
exempted from the subdivision regulations by the approving authority,
no person can transfer, sell or agree to transfer or sell, as owner
or agent, any land which forms a part of a subdivision for which approval
is required.
