In all zones for proposed uses, subdivision, site development
or construction other than an "exempt development," site plan and/or
subdivision approval shall be required prior to:
A.
Subdivision of land.
B.
Issuance of a development permit or building permit.
C.
Commencement of any regulated use or activity, which includes:
(1)
The erection, construction, alteration, repair, remodeling,
conversion, removal or destruction of any building or structures.
(2)
The use or occupancy of any building, structure or land.
(3)
The subdivision or resubdivision of any land.
(4)
Any activity which entails the construction of any improvements
or the alteration of the natural condition of any land.
A.
In all cases, application shall first be made to the Administrative
Officer (Zoning Officer) for issuance of a development permit by any
person wishing to undertake any regulated activity.
B.
If the Administrative Officer (Zoning Officer) determines that the
proposed undertaking is an "exempt development" which conforms in
all aspects to the requirements of this chapter and does not require
direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34,
or 40:55D-35, the development permit shall be issued and the applicant
may then apply for a building permit and/or other permits that may
be required.
C.
If the Administrative Officer (Zoning Officer) determines that the
proposed undertaking is an "exempt development" but does not conform
in all aspects to the requirements of this chapter and/or requires
direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34,
or 40:55D-35, the applicant shall be instructed that Planning Board
or Board of Adjustment approval is required before a development permit
may be issued allowing the applicant to apply for a building permit
and/or other permits that may be required.
[Amended 4-18-2011 by Ord. No. 2011-3029]
D.
An application for development permit shall be in writing by the
owner or his authorized agent and include the following:
(1)
A statement of the use or intended use or uses of the building,
structure or land.
(2)
Elevations, floor plans and/or details drawn to scale of the
building or structures to be erected including signs to be placed
thereon and their content and manner of construction.
[Amended 4-18-2011 by Ord. No. 2011-3029]
(3)
A survey and/or site plan drawn to scale showing all proposed
and/or existing buildings, structures, signs, parking areas, setbacks,
and yard distances in exact relocation to street and lot lines.
[Amended 4-18-2011 by Ord. No. 2011-3029]
(4)
For "exempt development," any necessary approvals from any federal,
state, county, local or other regulatory agency or utility.
[Amended 4-18-2011 by Ord. No. 2011-3029]
(5)
A grading plan shall be submitted for applications to construct
a new single-family dwelling, a new two-family dwelling, a new accessory
building or structure that exceeds 500 square feet, and/or an addition
to a single-family, two-family dwelling or accessory building or structure
that exceeds 500 square feet. The plan shall include the existing
and proposed building and lot coverage, as well as grading contours
at one-foot intervals, except where there will be a disturbance of
slopes exceeding 5%, a two-foot interval is permissible, and if they
exceed 10%, a five-foot interval is permissible. Grading plans shall
also include existing and proposed building and lot coverage calculations
and data.
[Amended 10-19-1998 by Ord. No. 98-2529; 6-19-2006 by Ord. No. 2006-2879; 4-18-2011 by Ord. No. 2011-3029]
(6)
Fee required by § 540-313A(5).
[Amended 4-18-2011 by Ord. No. 2011-3029]
E.
The Administrative Officer (Zoning Officer) shall take action on
a complete application for a development permit within 20 days of
its submission.
F.
If the Administrative Officer determines that the proposed undertaking
is not an "exempt development," the applicant shall be instructed
that Planning Board, Board of Adjustment, or Landmarks Commission
approval of an application for development is required. The Zoning
Officer shall further advise the applicant which Board has jurisdiction
over the application for development and which of the following approvals
are required:
G.
The Planning Board or Board of Adjustment shall hear and act upon
any requests for granting of variances, conditional use approval and/or
direction for issuance of a building permit at the same time that
they hear and act upon a minor subdivision, preliminary plat of a
major subdivision, a minor site plan, or a preliminary plat of a major
site plan. Such simultaneous action may be taken in conjunction with
a final plat of a major subdivision or major site plan if revisions
in the plat subsequent to preliminary plat approval shall have created
the need for such simultaneous action or if the application is for
combined preliminary and final plat approval.
H.
Upon receipt of building permits for any development, a copy of the
Zoning Officer's approval letter, the application for development,
and the plan that the approval letter was based upon shall be kept
on site at all times during construction and shall be made available
for review by any appropriate Township official, including inspectors.
[Amended 6-19-2006 by Ord. No. 2006-2879]
At the request of the developer, the Planning Board shall grant
an informal review of a concept plan for a development which the developer
intends to prepare and submit an application for development. The
developer shall not be bound by any concept plan for which review
is requested and the Planning Board shall not be bound by any such
review. Such review shall be limited to planning concepts and no written
reaction to the review shall normally be provided by the Board.
A.
Submission requirements. All applications for development requiring Planning Board or Board of Adjustment action shall be submitted in accordance with the requirements set forth in §§ 540-404 through 540-414 of this chapter. Where an application involves approvals related to more than one section, the more restrictive requirements shall apply.
B.
Administrative review.
(1)
Upon receipt of an application for development, the Administrative
Officer shall retain the original of the application and one copy
of the plat maps and attachments and forward the other copies of the
application and all plat maps, supporting attachments, exhibits and
other information submitted to the Secretary of the Planning Board
or the Secretary of the Board of Adjustment (whichever Board has jurisdiction).
The Township Planner or the Secretary of the Planning Board or the
Secretary to the Board of Adjustment shall review the application
for compliance with submission requirements. If the application is
for a site plan, subdivision and/or conditional use, the Township
Planner, Secretary of the Planning Board or Secretary of the Board
of Adjustment shall make the following distribution of the application,
plat maps and attachments:[1]
|
Application
|
Plat Maps and Attachments
| |||
|---|---|---|---|---|
|
Middletown Township Sewerage Authority
|
1
|
1
| ||
|
Department of Public Works, Parks, and Engineering
|
1
|
2
| ||
|
Township Engineer
Note: If the Township Engineer is not the Municipal Agency Engineer,
then distribution will be as follows:
|
1
|
2
| ||
|
Township Engineer
|
1
|
1
| ||
|
Municipal Agency Engineer
|
1
|
1
| ||
|
Environmental Commission
|
1
|
1
| ||
|
Police Department
|
1
|
1
| ||
|
Monmouth County Board of Health
|
1
|
1
| ||
|
Construction Official
|
1
|
1
| ||
|
Fire Department
|
1
|
1
| ||
|
Department of Recreation
|
1
|
1
| ||
|
Landmarks Commission (only if and when application is within
limits of any Historic District or affects a designated historic place,
building or structure)
|
1
|
1
| ||
(2)
The Planning Board or Board of Adjustment may determine that
additional distribution of the application, plat map and attachments
should be made to other agencies, and in such cases, the applicant
may be required to submit additional plat maps and other documentation.
C.
Completeness review.
(1)
When all submission requirements have been fulfilled and, in
case of major site plans, subdivisions and conditional uses, when
completeness review reports have been received from the Township Engineer
certifying that the plans and attachments are in compliance with all
submission requirements, the Administrative Officer (Township Planner,
Secretary of the Board of Adjustment or Secretary of the Planning
Board) will, if all other requirements have been met, deem the application
complete and issue a certificate of completeness and forward the application
to the Municipal Agency for hearing.
D.
Engineering review. The Township Engineer shall review applications
for development for site plans, subdivisions and conditional uses
and shall advise the Planning Board and/or the Board of Adjustment
and the applicant of any technical deficiencies, required changes
and/or recommended changes. Twenty copies of revised plans and attachments,
which correct all deficiencies, incorporate all required changes and
satisfactorily consider all recommended changes, shall be submitted
to the Administrative Officer for further review.
E.
Conditional approvals.
(1)
After issuance of a certificate of completeness, all applications for development shall be acted upon by the Planning Board or Board of Adjustment within the time limits set forth within Article III of this chapter, or within such further time as may be consented to by the applicant. If required approvals from other government agencies have not been received prior to Planning Board or Board of Adjustment approval of an application for development, such approval shall be conditional upon the subsequent approval or approvals by the other government agencies unless the applicant shall request that such approval be withheld until the approval or approvals from the other government agencies have been received.
(2)
If approval is granted conditioned upon the subsequent approval of another government agency and such government agency requires revisions in the plat which alter the layout and/or design standards approved by the Planning Board or Board of Adjustment to an extent that the Board determines that the basis upon which the approval was granted has been changed, the applicant shall be required to receive revised approval from the Planning Board or Board of Adjustment and pay the fees for such revised approval set forth in § 540-313 of this chapter.
F.
Board action. In acting upon an application for development for a
subdivision or site plan, the Planning Board and/or Board of Adjustment
shall consider whether the submittal complies to the following standards
and regulations:
(1)
The proposed use is consistent with the Master Plan.
(2)
The plat submission contains all of the information and data
required by this chapter.
(3)
The details and improvement standards of the plat are in accord
with the standards of this chapter.
(4)
Adequate provision is made for safe and convenient vehicular
traffic access, circulation and parking.
(5)
Adequate provision is made for safe and convenient pedestrian
circulation.
(6)
Ingress and egress for the site will not unduly impede or obstruct
the flow of traffic on public streets.
(7)
Adequate provision has been made for the collection and disposal
of stormwater runoff and the proposed drainage facilities have been
approved by the Township Engineer.
(8)
Adequate provision has been made to screen adjoining residential
properties from any adverse effects that might result from outdoor
lighting, buildings, parking areas, refuse storage areas, recreation
areas, equipment areas, bulk storage areas or similar utilities or
structures located on the site.
(9)
Adequate provision has been made for compliance with the performance
standards of this chapter.
(10)
Adequate provision has been made to provide structures and uses
of a quality and design which will not produce adverse effects on
existing developments in the surrounding area or future uses designated
for the surrounding area in the Master Plan.
(11)
The proposed development is compatible with approved subdivisions
and/or site plans for adjacent and nearby parcels of land.
(12)
The proposed development is compatible with environmental and/or
historical characteristics and conditions of the site and nearby parcels
of land.
G.
Reproduction of final site plans and plats and issuance of development
permit. Approvals of all applications for development shall not be
valid until all the following have taken place:
(1)
The Administrative Officer (Township Planner) shall certify
that all conditions of approval have been satisfied.
(2)
In the case of applications for development for site plans and
subdivisions, the applicant shall submit the reproducible original
of the plat for signature of the Chairman and Secretary of the Planning
Board or Board of Adjustment, and the Township Engineer.
(3)
The applicant shall provide six copies of the plat and attachments.
After signature, the Administrative Officer (Township Planner) shall
have the original and all copies signed and shall return the reproducible
original of the plat and attachments to the applicant. One copy shall
be retained in the files of the Administrative Officer, two copies
shall be retained in the files of the Township Engineer, one copy
shall be retained in the files of the Building Department, and one
copy shall be retained by the Tax Assessor.
(4)
After signature and reproduction, the Administrative Officer
shall return the reproducible original of the plat and attachments
to the applicant.
(5)
For all applications for development that receive minor or final
plat approval, the Administrative Officer shall issue a development
permit after the plat has been signed. The date of the development
permit shall be the date upon which the plat is signed by the Chairman
and Secretary of the Planning Board or Board of Adjustment. However,
the period of time for which certain rights are conferred upon the
applicant shall commence on the date which the Planning Board or Board
of Adjustment granted the approval.
H.
Waiver of requirements. The Municipal Agency may, upon specific written
request of an applicant, consider and approve or deny requests for
waiver of submission requirements or for any of the specific plat
detail requirements set forth in this article. All such requests by
an applicant shall cite the specific requirement by section number
and shall state the specific reason for request of waiver. An application
which either meets all submission and detail requirements or includes
waivers for same shall be considered complete. The Board or Township
Planner shall grant or deny the waiver request within 45 days. If
a request for waiver is denied, the applicant must provide the required
submissions. Such detailed submissions will be reviewed as provided
for new applications and all time limits will recommence as for new
applications.
[Added 4-17-2006 by Ord.
No. 2006-2861]
A.
Short title. This section shall be known as the "Developer Contribution
Disclosure Ordinance."
B.
CAMPAIGN CONTRIBUTION
CONTRIBUTION DISCLOSURE STATEMENT
DEVELOPER
DEVELOPMENT APPLICATION
Definitions. For purposes of this section, the following definitions
apply:
Any contribution to a Middletown political party, campaign
organization, or Township Committee candidate committee, whether in
the form of money, pledge, loan, gift, subscription, advance or transfer
of money or other thing of value, including without limitation any
in-kind contribution, or purchases of tickets, advertisements or the
like, directly or indirectly, made to or on behalf of any Middletown
Township Committee candidate, or candidate committee, joint candidates
committee, or political party committee on behalf of such Middletown
Township Committee candidate or member.
A list specifying the amount, date, and the recipient of
any and all campaign contributions made by or on behalf of the developer
in the preceding one-year period prior to filing the application,
and/or during the pendency of the application process, and required
to be reported pursuant to N.J.S.A. 19:44A-1 et seq. The contribution
disclosure statement shall be provided as a required document with
any application for a major or minor site plan or subdivision application
or use variances.
Any individual or entity who makes an application to the
Township Planning Board or Zoning Board for major or minor subdivision
or site plan approval, or a use variance pursuant to N.J.S.A. 40:55D-70(d),
or who owns or is the contract purchaser of any property that is the
subject of any such development application. In the case of an individual,
the term shall include his or her spouse and any child living at home,
and any entities of which any of them are principals holding a 10%
or greater interest. In the case of an entity, the term shall also
include every principal of said entity who has an ownership interest
in excess of 10% and their spouse and any child living at home.
Any application for major or minor subdivision or site plan
approval, or for a use variance pursuant to N.J.S.A. 40:55D-70(d)
before the Township Planning or Zoning Board.
C.
Disclosure requirements.
(1)
Any developer making application for a major or minor subdivision
or site plan or for a use variance shall include in the application
the contribution disclosure statements for such developer, as a required
document with the development application. An application shall not
be deemed complete by the administrative official or accepted for
public hearing until contribution disclosure statements required from
the developer are submitted.
(2)
During the pendency of the development application process until
final approval is granted, any developer shall promptly amend its
contribution disclosure statements to provide and set forth continuing
disclosure of all campaign contributions within the disclosure requirement.
(3)
Contribution disclosure statement shall be available in the
office of the Planning or Zoning Board Secretary as a government record
under the Open Public Records Act. It is the intent that the contribution
disclosure statement shall serve to inform the public, and not alter
or effect the decisional criteria under the Municipal Land Use Law[1] for such development application.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
D.
Violations and penalties. Any person falsifying or misrepresenting information in a contribution disclosure statement shall be subject to the penalties in Chapter 1, General Provisions, § 1-4, of the Code. In addition, such falsification or misrepresentation may be a basis for review and reconsideration of the application by the Planning or Zoning Board, to the extent permissible by the Municipal Land Use Law.
[Added 5-18-2009 by Ord.
No. 2009-2966]
A.
Preamble.
(1)
Municipal Master Plans include well-thought-out, long-term decisions
about the development capacity of community.
(2)
Municipal Master Plans are implemented through the enactment
of local land use ordinances.
(3)
Deviations from these local ordinances by way of variances pursuant
to N.J.S.A. 40:55D-70d and N.J.S.A. 40:55D-70c, exceptions and waivers
pursuant to N.J.S.A. 40:55D-51 provide opportunities for significant
private gain.
(4)
Applicants for planned developments, as defined in N.J.S.A.
40:55D-6, often deviate from the goals of the municipal master plan
and provide opportunities for significant private gain.
(5)
Openness in government and a fair and impartial variance, waiver
and exception and planned development application process is crucial
to assuring the continuing integrity of the municipal Master Plan,
its implementing ordinances and the integrity of the variance application
process.
(6)
Disclosure of political contributions by property owners, developers
and professionals will enhance the Township's existing commitment
to openness in government and provide further guarantees for a fair
and impartial variance, waiver and exception application process.
(7)
Disclosure of political contributions by property owners, developers
and professionals will effectuate the purposes of the Municipal Land
Use Law to promote morals and the general welfare.
(8)
Since 2007, the Township of Middletown has already adopted some
of the most restrictive pay-to-play rules in the State of New Jersey.
(9)
The Township Committee has found and determined that the paramount
public interest in enhancing the Township's commitment to openness
in government, in providing further guarantees for a fair and impartial
variance, waiver and exception application process, and in promoting
morals and the general welfare through the integrity of the municipal
planning process requires the supplementation of the municipal application
checklist to mandate the listing of specified political contributions
made by property owners, developers and the professionals whose services
they use in applications for major variances, waivers and exceptions
be included in the Code of the Township of Middletown (1996), as follows:
B.
Short title: "Middletown Township Developer Disclosure Ordinance."
C.
APPLICATION CHECKLIST
CONTRIBUTION
CONTRIBUTION DISCLOSURE STATEMENT
DEVELOPER
PROFESSIONAL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The list of submission requirements adopted by ordinance
and provided by the Municipal Agency to a developer pursuant to N.J.S.A.
40:55D-10.3.
Every loan, gift, subscription, advance or transfer of money
or other thing of value, including any item of real property or personal
property, tangible or intangible, but not including services provided
without compensation by individuals volunteering a part or all of
their time on behalf of a candidate, committee or organization, made
to or on behalf of any candidate, candidate committee, joint candidates
committee, political committee, continuing political committee or
political party committee and any pledge, promise or other commitment
or assumption of liability to make such transfer. For purposes of
reports required under the provisions of this section, any such commitment
or assumption shall be deemed to have been a contribution upon the
date when such commitment is made or liability assumed.
A list specifying the amount, date, and the recipient of
any and all contributions made to or on behalf of any candidate, candidate
committee, joint candidates committee, political committee, continuing
political committee or political party committee of, or pertaining
to, this municipality, made up to one year prior to filing the variance
application and/or during the pendency of the application process,
and required to be reported pursuant to N.J.S.A. 19:44A-1 et seq.
A developer as defined by N.J.S.A. 40:55D-4, i.e., the legal
or beneficial owner or owners of a lot or of any land proposed to
be included in a proposed development, including the holder of an
option or contract to purchase, or other person having an enforceable
proprietary interest in such land.
Any person or entity whose principals are required to be
licensed by New Jersey Law and who supplies legal representation,
expert testimony or written reports in support of an application.
Professionals shall include both any individuals supplying the representation,
testimonies or reports and the firms or entities in which said individuals
practice.
D.
General provisions.
(1)
Disclosure requirements.
(a)
Any applicant for a variance pursuant to N.J.S.A. 40:55D-70d
or a variance pursuant to N.J.S.A. 40:55D-70c in conjunction with
any application for a subdivision not considered a minor subdivision
pursuant to local ordinance or a site plan not considered a minor
site plan pursuant to local ordinance as well as any application for
a subdivision not considered a minor subdivision pursuant to local
ordinance or site plan not considered a minor site plan pursuant to
local ordinance requiring waivers or exceptions pursuant to N.J.S.A.
40:55D-51 shall include in the application contribution disclosure
statements for all developers; all associates of said developers who
would be subject to disclosure pursuant to N.J.S.A. 40:55D-48.1 or
40:55D-48.2; and all professionals who apply for or provide testimony,
plans, or reports in support of said variance and who have an enforceable
proprietary interest in the property or development which is the subject
of the application or whose fee in whole or part is contingent upon
the outcome of the application. Regardless of whether the owner of
the property which is the subject of the variance application falls
in any of the categories established in the preceding sentence, the
applicant shall include in the application a contribution disclosure
statement for said owner.
(b)
During the pendency of the application process, until final
site plan approval is granted, any applicant required to comply with
this section shall amend its contribution disclosure statements to
include continuing disclosure of all contributions within the scope
of disclosure requirement of the above subsection.
(2)
Inclusion of contribution disclosure statements as an element
of the application checklist.
(a)
An application checklist ordinance is hereby adopted pursuant to N.J.S.A. 40:55D-10.3 to require that the contribution disclosure statements specified in Subsection D(1) of this section be submitted by the applicant for all applications for variance relief pursuant to N.J.S.A. 40:55D-70d as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications for site plan and subdivision approval not considered to be minor site plans or minor subdivisions pursuant to local ordinance.
(b)
The Municipal Planning Board and Board of Adjustment shall amend its application checklist for variance pursuant to N.J.S.A. 40:55D-70d as well as for relief pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications for site plan and subdivision approval not considered to be minor site plans or minor subdivisions pursuant to local ordinance to include the contribution disclosure statements specified in Subsection D(1) of this section.
(c)
An application shall not be deemed complete by the administrative
official or accepted for public hearing by the Municipal Agency until
the required contribution disclosure statements are submitted.
(3)
Availability of the disclosure statement. All contribution disclosure
statements shall be available upon the filing of an Open Public Records
Act (OPRA) request with the Township Clerk's Office.
(4)
Intent of the disclosure statement. It is the intent of this
section that the disclosure statement shall serve to inform the public
and not serve as evidence relevant to the decision criteria for variance
applications pursuant to N.J.S.A. 40:55D-70d as well as for relief
pursuant to N.J.S.A. 40:55D-70c or N.J.S.A. 40:55D-51 in applications
for site plan and subdivision approval not considered to be minor
site plans or minor subdivisions pursuant to local ordinance.
[Amended 8-28-1995 by Ord. No. 95-2415]
A.
Required documents. Prior to the issuance of a certificate of completeness, the Planning Board Secretary or the Board of Adjustment Secretary shall determine that the following have been submitted in proper form. The Planning Board Secretary or the Board of Adjustment Secretary may schedule a minor subdivision for public hearing upon submission of items in Subsection A(1) through (9).
(1)
Required application fees as set forth in § 540-313 of this chapter. (The fee will be computed by the Township and a bill sent to the applicant after submission of the plat or plan and application.) Twenty sets of plans meeting the following requirements as well as 15 copies of the minor subdivision plat reduced to an eleven-inch-by-seventeen-inch sheet of paper.
[Amended 11-17-1997 by Ord. No. 97-2495]
(2)
Township Engineer's correspondence stating the application be
deemed complete for engineering review.
(3)
Proof that no taxes or assessments for local improvements are
due or delinquent on the property or if it is shown that taxes or
assessments are delinquent, then any approval shall be conditioned
upon the payment of such outstanding taxes or assessments.
(4)
A certificate of title, which may be on the plat (signed by
the owner and notarized) or in a letter form, signed by a member of
the New Jersey Bar, by a title officer or authorized agent of a title
insurance company licensed to do business in the State of New Jersey,
which certification shall confirm that the owner of the premises is
the owner as shown on the plat. If the applicant is not the property
owner, then affidavit from owner permitting contract/purchaser to
apply for minor subdivision approval is required.
(5)
Application involving variances for substandard lot area and/or
frontage requires 15 copies of a map graphically depicting the area
and the frontages in the neighborhood (refer to special instructions
for minor subdivisions involving substandard lot area and/or lot frontage).
(6)
If the applicant seeks waiver(s) from any checklist item, then
submission of a written request citing the specific requirement by
section number and stating the reason for the waiver(s).
(7)
Where in the opinion of the Department of Planning and Development
a proposed project would be substantially altered depending upon the
extent and configuration of freshwater wetlands on or near the subject
property, a letter of interpretation from the New Jersey Department
of Environmental Protection and Energy is needed in order for an application
to be deemed complete. For the purposes of this provision, "substantially
altered" shall be defined to include, but not be limited to the following:
(a)
Where the actual extent and configuration of freshwater wetlands
would result in:
[1]
Change in the number of lots proposed within a subdivision.
[2]
Change the size or location of any principal structure, road
or driveway, excluding driveways accessing single-family dwellings
or duplexes.
[3]
Change the location and/or number of parking spaces proposed,
excluding parking for single-family dwellings or duplexes.
[4]
Change in any way the number and extent of any bulk variances
required.
(8)
A detailed narrative description of the proposed project, including
the proposed use of the land or building, the type and extent of construction
activity proposed and the number of parking spaces to be provided
and/or added. Said narrative shall also, where pertinent, describe
the operational aspects of the proposed use including hours of operation,
including peak periods and expected vehicular activity.
(9)
If the applicant is a corporation or partnership, then the names
and addresses of each individual holding 10% or more interest in the
corporation or partnership shall be provided.
B.
Plat requirements.
(1)
General requirements. The plat for a minor subdivision shall
be drawn at a scale of not less than 100 feet to the inch, shall conform
to the provisions of the New Jersey Map Filing Law, N.J.S.A. 46-23.9.9
et seq., and shall include or be accompanied by the information specified
below:
(a)
All dimensions, both linear and angular, of the exterior boundaries
of the subdivision, all lots and lands reserved or dedicated for public
use shall balance, and their descriptions shall close within a limit
of error of not more than one part in 10,000 identified by a note
on the plan indicating the error of closure.
(b)
The minor subdivision shall be based upon a current boundary
survey prepared in accordance with N.J.A.C. 13:40-5.1, Preparation
of Land Surveys, certified to the subdivider and prepared or recertified
not less than 12 months prior to the date of application.
(c)
A copy of any existing or proposed covenants or deed restrictions
applying to the land being subdivided or certification that none exists.
Such certification may be in letter form signed by a member of the
New Jersey Bar, by a title officer or authorized agent of a title
insurance company licensed to do business in New Jersey.
(d)
A grading plan including the existing and approximate proposed
grading contours at one-foot intervals, except where the slopes exceed
5%, a two-foot interval is permissible, and if they exceed 10%, a
five-foot interval is permissible. All structures within 50 feet of
the tract boundaries shall be indicated on the plat and existing contours
shall extend to such structures. The source of elevation datum base
shall be noted.
(e)
All proposed lot lines and the gross areas of all lots in square
feet. The areas and dimensions specified shall be shown to the nearest
hundredth of a square foot or hundredth of a linear foot.
(f)
Proposed block and lot numbers as assigned by the Township Engineer
in accordance with the digitized lot numbering system specifications
promulgated by the New Jersey Division of Taxation.
(2)
Title block. A title block shall appear on all sheets and includes:
(a)
Title to read "Minor Subdivision."
(b)
Name of subdivision, if any.
(c)
Tax Map sheet, block and lot number(s) of the tract to be subdivided
as shown on the latest Township Tax Map, the date of which shall also
be shown.
(d)
Names and addresses of owner and subdivider so designated.
(e)
Date of original and all revisions.
(f)
Name, signature, address and license number of the land surveyor
who prepared the map and made the survey (the plat shall bear the
embossed seal of said land surveyor).
(3)
A schedule shall be placed on the minor subdivision indicating:
(a)
The zone district in which the site is located.
(b)
Acreage of the tract being subdivided.
(c)
The floor area of the existing and proposed buildings (list
separately).
(d)
Proposed and minimum permitted lot dimensions, lot area and
front, rear and side setbacks. Lot area shall be based upon the gross
tract area, as well as the contiguous developable area.
(e)
Proposed and maximum permitted lot coverage. Lot coverage shall
be based on the gross tract area, as well as the contiguous developable
area and not the gross lot or tract area.
(f)
Proposed and maximum permitted height of all existing and proposed
structures (building height shall be measured in stories as well as
in feet).
(4)
Detailed information.
(a)
A key map at a scale of not less than one inch equals 1,000
feet showing the location of the tract to be subdivided with reference
to surrounding areas, existing streets which intersect or border the
tract, the names of all such streets and any zone boundaries and Township
boundary which is within 500 feet of the subdivision.
(b)
The names of all owners of and property lines of parcels adjacent
to the land to be subdivided, including properties across the street,
as shown by the most recent records of the Township.
(c)
All zone boundaries, Township borders, existing public easements,
Tax Map lot and block numbers, watercourses, floodways and flood hazard
areas within 100 feet and both the width of the paving and the width
of the right-of-way of each street within 100 feet of the subdivision.
(d)
All existing structures, with an indication of those which are
to be destroyed or removed, and the front, rear and side yard dimensions
of those to remain, referenced to proposed lot lines.
(e)
All proposed public easements or rights-of-way and the purposes
thereof.
(f)
The boundary, nature and extent of the wooded areas, swamps,
bogs, streams, creeks and ponds within the site and within 100 feet
thereof. Any specimen trees 12 inches in diameter or larger on the
site, measured at four feet above the base shall be located and identified
by botanical names and common names.
(g)
The existing systems of drainage of the subdivision and of any
larger tract of which it is a part, together with information on how
it is proposed to dispose of surface drainage (where required by the
Board or Township Engineer).
(h)
A mapping of critical areas as specified by § 540-624A, and mapping of minimum circle diameters for each lot as specified by § 540-624K. Such mapping shall graphically depict the locations of each critical area in relation to the total tract. A schedule shall be provided which indicates the contiguous developable area, and the area of all Class I and Class II Critical Areas for all proposed lots in square feet.
[Amended 5-21-2007 by Ord. No. 2007-2916]
(i)
North arrow.
(j)
Written and graphic scales.
(k)
Such other information as the Board and/or Township Engineer
may require or request during the review of the application for classification
and approval as a minor subdivision.
(l)
Minor subdivision applications which include requests for variances
for undersized lots or insufficient frontages must include 20 copies
of a map graphically depicting the areas and/or frontages of lots
in the neighborhood. Special instructions and a sample map can be
obtained from the Department of Planning and Development.
C.
Application on minor subdivision application.
(1)
By the Planning Board.
(a)
Referral to Committee. Each complete application for development
for a minor subdivision which requires no variances pursuant to N.J.S.A.
40:D55-70c shall be referred to the Minor Subdivision Review Committee.
The Minor Subdivision Review Committee, in accordance with the definition
of a minor subdivision, shall either approve the application for classification
and approval as a minor subdivision or refer the subdivision to the
full Planning Board for hearing and consideration. If the Minor Subdivision
Review Committee approves the application, no further municipal action
will be required.
(b)
Action by the Minor Subdivision Review Committee. In order to
be approved and classified as a minor subdivision by the Minor Subdivision
Review Committee, the vote of the Committee must be unanimous. Applications
for development for minor subdivision shall be referred to the full
Planning Board for public hearing and vote in all of the following
instances:
[1]
The vote of the classification of a minor subdivision by the
Minor Subdivision Review Committee is not unanimous.
[2]
Unfavorable recommendation from the Planning Board Engineer.
[3]
The subdivision also requires the granting of a variance or
variances.
[4]
The application for development also requests approval of a
major site plan, conditional use and/or direction for issuance of
a building permit.
(c)
Action by Planning Board.
[1]
The action taken by the Minor Subdivision Review Committee shall
be announced at a public meeting of the Planning Board.
[2]
If an application is referred to the full Board by the Minor
Subdivision Review Committee, the Board will take action within 45
days of the date of submission of a complete application. Any referrals
by the Minor Subdivision Review Committee will be made in a timely
manner so that the Board can take action within the time allowed.
(2)
By the Zoning Board of Adjustment. If an application for classification
and approval as a minor subdivision is before the Board of Adjustment,
it may be classified and approved as a minor subdivision by a majority
vote of a quorum of the Board, with or without conditions. (If such
action is simultaneous with action on a variance pursuant to N.J.S.A.
40:55D-70d, an affirmative vote of at least 2/3 of the full authorized
membership of the Board is required.)
(3)
Time limits for minor subdivision approvals.
(a)
Minor subdivision approvals shall be granted or denied within
45 days of the date of submission of a complete application to the
Administrative Officer or within such further time as consented to
by the applicant. Approval of a minor subdivision shall expire 190
days from the date on the resolution of the Planning Board or the
Board of Adjustment unless within such period a plat in conformity
with such approval and the provisions of the Map Filing Law,[1] or a deed clearly describing the approved minor subdivision
is filed by the developer with the County Recording Officer, the Township
Engineer and the Tax Assessor. Any such plat or deed must be signed
by the Chairman and Secretary of the Planning Board before it will
be accepted for filing by the County Recording Officer.
[1]
Editor's Note: See now N.J.S.A. 46:26B-1 et seq.
(b)
The Planning Board or Board of Adjustment may grant an extension
of the period to record the minor subdivision for a period determined
by the Board, but not exceeding two years from what would otherwise
be the expiration date, if the developer proves to the reasonable
satisfaction of the Board that the developer was prevented from proceeding
with the development and that the developer applied promptly for and
diligently pursued the required approvals. A developer shall apply
for the extension before: what would otherwise be the expiration date
of the minor subdivision; or the 91st day after the developer receives
the last legally required approval from other governmental entities,
whichever occurs later.
D.
Conditions of approval. Any approval of an application for development
for a minor subdivision granted by the Planning Board or Board of
Adjustment shall be subjected to the following conditions being satisfied
prior to signing of the plat or issuance of a development permit:
(1)
Installation of or posting of performance guarantees for the
installation of any improvements required by the Board.
(2)
Payment of any outstanding real estate taxes.
(3)
Monmouth County Planning Board approval (if not previously granted).
(4)
Township of Middletown Sewerage Authority approval (if not previously
granted).
(5)
Submission of additional prints of the plat map and attachments
for distribution (if required).
(6)
Publication of a notice of the decision of the Board by the Administrative Officer (Planning Board Secretary or Board of Adjustment Secretary) within the time set forth in § 540-303E of this chapter.
(7)
Any other conditions which may be imposed by the Board or which
may be required by federal, state or municipal law.
(8)
A condition setting forth the time within which all conditions must be satisfied as described in § 540-303F of this chapter.
(9)
In the event that the application requires an approval of another
governmental agency, then municipal approval is conditioned upon receiving
approval from said outside governmental agency.
E.
Certification. In the event that the application for development
for a minor subdivision is approved, a certification to that effect
in this form:
|
Classified and approved as a minor subdivision by the Township
of Middletown Planning Board (Board of Adjustment) on _______________.
| ||
|
Attest:
|
Chairman
| |
|
Secretary
|
Date
| |
|
This plat (or a deed describing this subdivision) must be filed
in the office of the Clerk of Monmouth County on or before _______________,
which date is 190 days after approval as a minor subdivision by the
Township of Middletown Planning Board (Board of Adjustment).
| ||
|
Secretary
| ||
A.
Required documents. Prior to issuance of a certificate of completeness, the Planning Board Secretary or Board of Adjustment Secretary shall determine that the following has been submitted in proper form. The Planning Board Secretary or the Board of Adjustment Secretary may schedule a minor site plan for consideration by the Municipal Agency upon submission of items in Subsection A(1) through (8).
(1)
Required application fees as set forth in § 540-313 of this chapter. (The Township will compute the fee and bill the applicant after submission of the application and plan.) Twenty sets of plans meeting the following requirements as well as 15 copies of the minor site plan reduced to an eleven-inch-by-seventeen-inch sheet of paper.
[Amended 11-17-1997 by Ord. No. 97-2495]
(2)
Township Engineer's correspondence stating the application be
deemed complete for engineering review.
(3)
Proof that no taxes or assessments for local improvements are
due or delinquent on the property, or if it is shown that taxes or
assessments are delinquent, then any approval shall be conditioned
upon the payment of such outstanding taxes or assessments.
(4)
A certificate of title, which may be on the plat (signed by
the owner and notarized) or in a letter form, signed by a member of
the New Jersey Bar, by a title officer or authorized agent of a title
insurance company licensed to do business in the State of New Jersey,
which certification shall confirm that the owner of the premises is
the owner as shown on the plat. If the applicant is not the property
owner, then an affidavit from the owner permitting the contract/purchaser
to apply for site plan approval is required.
(5)
If the applicant seeks waiver(s) from any checklist item, then
submission of a written request citing the specific requirement by
section number and stating the reasons for the waiver(s).
(6)
Where in the opinion of the Department of Planning and Development,
a proposed project would be substantially altered depending upon the
extent and configuration of freshwater wetlands on or near the subject
property, a letter of interpretation from the New Jersey Department
of Environmental Protection and Energy is needed in order for an application
to be deemed complete. For the purposes of this provision, "substantially
altered" shall be defined to include, but not be limited to the following:
(a)
Where the actual extent and configuration of freshwater wetlands
would result in:
[1]
Change in the number of lots proposed within a subdivision.
[2]
Change the size or location of any principal structure, road
or driveway, excluding driveways accessing single-family dwellings
or duplexes.
[3]
Change the location and/or number of parking spaces proposed,
excluding parking for single-family dwellings or duplexes.
[4]
Change in any way the number and extent of any bulk variances
required.
(7)
A detailed narrative description of the proposed project, including
the proposed use of the land or building, the type and extent of construction
activity proposed, and the number of parking spaces to be provided
and/or added. Said narrative shall also, where pertinent, describe
the operational aspects of the proposed use, including hours of operation,
including peak periods, and expected vehicular activity.
(8)
If the applicant is a corporation or partnership, then the names
and addresses of each individual holding 10% or more interest in the
corporation or partnership shall be provided.
[Amended 8-28-1995 by Ord. No. 95-2415]
B.
Plat requirements.
(1)
General requirements:
(a)
Any minor site plan presented to the Municipal Agency for its
approval shall be drawn, signed and appropriately sealed by an architect,
engineer, land surveyor and/or planner licensed to practice in the
State of New Jersey.
(b)
Site plans shall not be drawn at a scale smaller than one inch
equals 50 feet nor larger than one inch equals 10 feet. If the size
of the site would require the use of sheets larger than 30 inches
by 42 inches in order to show the entire site on one sheet, the detailed
information for the site plan shall be shown in sections on sheets
not larger than 30 inches by 42 inches, which sheets shall be keyed
to an overall plan of the site drawn at a scale of not less than one
inch equals 200 feet.
(c)
The site plan shall be based on a monumented current, certified
boundary survey prepared in accordance with N.J.A.C. 13:40-5.1, Preparation
of Land Surveys. The date of the survey and name, signature, license
number, and embossed seal of the professional land surveyor making
same shall be shown on the map. If 12 months or more has passed since
the date of (or date of last recertification of) the survey, it shall
be recertified and, if necessary, brought up-to-date.
(d)
All dimensions, both linear and angular, of the exterior boundaries
of the site plan, all lots and lands reserved or dedicated for public
use shall balance, and their descriptions shall close within a limit
of error of not more than one part in 10,000 identified by a note
on the plan indicating the error of closure.
(2)
Title block. The title block shall appear on all sheets and
include:
(a)
Title of "minor site plan."
(b)
Name of the development, if any.
(c)
Tax Map sheet, block and lot number of the site, as shown on
the latest Tax Map, the date of which should also be shown.
(d)
Date of original and all revisions.
(e)
Name(s), signature(s), address(es), and license number(s) of
engineer, architect, land surveyor or planner who prepared the plat
and their embossed seal.
(f)
If the site plan contains more than one sheet, each sheet shall
be numbered and titled.
(3)
A schedule shall be placed on the site plan indicating:
(a)
The area of the tract and site (the portion of the tract involved
in the site plan).
(b)
The zone district in which the site is located.
(c)
The floor area of the existing and proposed building(s) (listed
separately).
(d)
Provided and maximum permitted floor area ratio for the entire site. The floor area ratio shall be based upon the gross tract area as well as the contiguous developable area [refer to Subsection B(4)].
(e)
Proposed and minimum permitted lot dimensions and front, rear
and side setbacks.
(f)
Provided and required off-street parking spaces (with calculations).
(g)
Proposed and maximum permitted lot coverage for the entire site. Lot coverage shall be based upon the gross tract area as well as the contiguous developable area [refer to Subsection B(4)].
(h)
Proposed and maximum permitted height of all existing and proposed
structures (building height shall be measured in stories as well as
in feet).
(i)
Square footage and percentage of the site retained in unoccupied
open space.
(j)
The proposed use or uses and the floor area devoted to each
use.
(4)
A mapping of critical areas as specified by § 540-624A. Such mapping shall graphically depict the location of each critical area in relation to the total tract. A schedule shall be provided which indicates the contiguous developable area and the area of all Class I and Class II Critical Areas in square feet.
(5)
A key map (at a scale of not less than one inch equals 1,000
feet), showing the location of the site with reference to surrounding
areas, existing streets, the names of all such streets and any zone
boundaries or Township boundaries which are within 500 feet of the
tract.
(6)
The names and address of the owner and developer, so designated.
(7)
North arrow and written and graphic scales.
(8)
Sufficient spot elevations (United States Coastal Geodetic Survey
datum) and/or contour lines to indicate the proposed system of surface
drainage and the relationship of proposed grading to the land surrounding
the site.
(9)
The tops of the banks and boundaries of the floodways and flood
hazard areas of all existing watercourses, where such have been delineated
and/or such other information as may assist the Planning Board in
the determination of floodway and flood hazard area limits. The Master
Drainage Plan prepared by T&M Associates, Middletown, New Jersey
(1972), should be utilized where applicable.
(10)
Paving and right-of-way widths of existing streets within 200
feet of the site.
(11)
The boundary, nature and extent of the wooded areas, swamps,
bogs, streams, creeks and ponds within the site and within 100 feet
thereof. Any specimen trees 12 inches in diameter or larger on the
site as measured at four feet above the base shall be located by and
identified by botanical name and common name.
(12)
The following shall be required:
(a)
Existing and proposed manholes, sewer lines, water lines, fire
hydrants, utility poles and all other topographical features of a
physical or engineering nature within the site and within 100 feet
thereof.
(b)
All existing structures on the site and within 100 feet thereof,
including their use and indicating those to be destroyed or removed
and those to remain.
(c)
Location, use, finished grade level, ground coverage, first
floor and basement elevations, front, rear and side setbacks of all
buildings and other pertinent improvements.
(d)
Existing and proposed public easements or rights-of-way and
the purposes thereof.
(e)
Zone boundaries and Tax Map sheet, lot and block numbers and
names of owners of all properties across any street from or within
200 feet of the site.
(f)
The capacity of off-street parking areas and the location and
dimensions of all access drives, aisles and parking stalls.
(g)
The location and size of proposed loading docks.
(h)
Location of curbs and sidewalks.
(i)
Cross-section(s) showing the composition of pavement areas,
curbs and sidewalks.
(j)
Exterior lighting plan, including the location, direction of
illumination, amount of illumination expressed in horizontal footcandles,
wattage and drawn details of all outdoor lighting standards and fixtures.
(k)
Landscaping and screening plan showing the location, type of
species (common and botanical names), size, spacing and number of
each type of tree or shrub and the location, size and amount of each
type of ground cover to be utilized and planting details for trees,
shrubs and/or ground cover.
(l)
Locations of signs and drawn details showing the size, nature
of construction, height and content of all signs.
(m)
Drawn details of the type of screening to be utilized for refuse
storage areas, outdoor equipment and bulk storage areas.
(n)
Floor plans and building elevation drawings of any proposed
structure or structures, or existing structures to be renovated. Building
elevations shall specify all proposed exterior treatments including
colors and materials.
(13)
Such other information as the Municipal Agency and/or Township
Engineer may request during site plan review.
(14)
All signed plans shall include all proposed signs including
size, materials and location. A typical sign detail shall be submitted
for multiple tenants.
C.
Conditions of approval. Any approval of an application for development
for a minor site plan granted by the Municipal Agency, shall be subject
to the following conditions being satisfied prior to signing of the
site plan or issuance of a development permit.
(1)
Installation and approval of, or posting of performance guarantees
for the installation of those improvements which are necessary to
protect adjacent property and public interest in the event development
of the site was not completed.
(2)
Payment of any outstanding real estate taxes.
(3)
Final Monmouth County Planning Board approval (if not previously
granted).
(4)
Township of Middletown Sewerage Authority approval (if not previously
granted).
(5)
Submission of additional prints of the site plan and attachment
for distribution (if required).
(6)
Filing of an appropriate instrument with the Monmouth County
Clerk consolidating the lots constituting the site (if required).
(7)
Publication of a notice of the decision of the Board by the Administrative Officer (Planning Board Secretary or Board of Adjustment Secretary) within the time set forth in § 540-303E of this chapter.
(8)
Any other conditions which may be imposed by the Planning Board
or which may be required by federal, state or local law.
(9)
A condition setting forth the time within which all conditions must be satisfied as described in § 540-303F of this chapter.
(10)
In the event that the application requires an approval of another
governmental agency, then municipal approval is conditioned upon receiving
approval from said governmental agency.
D.
Certification.
(1)
In the event that the application for development for a minor
site plan is approved, a certification to that effect in this form:
|
Approved as a minor site plan by the Middletown Township Planning
Board (Board of Adjustment) on _____.
| ||
|
Attest:
|
Chairman
| |
|
Secretary
|
Date
| |
|
Township Engineer
|
Date
| |
|
Township Planner
|
Date
| |
(2)
The above certification shall be endorsed on the site plan and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairman and Secretary of the Municipal Agency after they receive certification from the Administrative Officer (Township Planner) that all conditions of approval have been satisfied. After signature, the site plan shall be distributed as provided for in § 540-404G of this chapter and the signed original shall be returned to applicant.
E.
Time limit and effect of approval.
(1)
Minor site plan approvals shall be granted or denied within
45 days of the date of submission of a complete application to the
Administrative Officer (Township Planner) or within such further time
as may be consented to by the applicant. Minor site plan approval
shall confer upon the applicant the right that the general terms and
conditions upon which minor site plan approval was granted shall not
be changed for a period of two years. The approval of a minor site
plan shall expire two years after the date of the resolution unless
within such time all applicable conditions have been fully complied
with, performance guarantees and inspection fee where required have
been posted, and the minor site plan has been certified by the appropriate
officials.
(2)
The Planning Board or the Board of Adjustment may grant an extension
of the time period to perfect the minor site plan for a period determined
by the Board, but not exceeding two years from what would otherwise
be the expiration date, if the developer proves to the reasonable
satisfaction of the Board that the developer was prevented from proceeding
with the development and that the developer applied promptly for and
diligently pursued the required approvals. A developer shall apply
for the extension before: what would otherwise be the expiration date
of the minor site plan; or the 91st day after the developer receives
the last legally required approval from other governmental entities,
whichever occurs later.
F.
Minor site plan waiver. The approving authority may waive minor site
plan approval of an application if the applicant can clearly demonstrate
that because of particular conditions relating to the property literal
enforcement of a formal application for minor site plan is impractical
and that the proposal does not noticeably effect the items set forth
in the Planning and Development Regulations.
[Amended 10-19-1998 by Ord. No. 98-2529]
(1)
The approving authority may waive the formal requirements of
obtaining minor site plan approval if the proposed development meets
one of the following:
(a)
Secured site plan approval under the terms of this chapter within the past five years and the proposed alteration complies with all provisions of Chapter 540, Planning and Development Regulations.
(b)
Changes in use, other than a conditional use, where adequate parking pursuant to § 540-627R presently exists on-site or are proposed.
(c)
Building alterations and additions which do not increase the footprint of the structure and does not increase the total gross floor area of the structure by 25% or more provided that adequate parking pursuant to § 540-627R, presently exists on-site or is proposed.
(d)
Applications for accessory structures which do not exceed 500
square feet in size.
(2)
Public notice to the owners of all real property within 200
feet of the site and notice given by publication within the official
newspaper of the Township shall not be required for a minor site plan
waiver request.
A.
Required documents. In cases where a proposed development requires Board of Adjustment action on an application for the grant of a variance pursuant to N.J.S.A. 40:55D-70c or d or for the direction of issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-35 or where a party requests Board of Adjustment action on an appeal pursuant to N.J.S.A. 40:55D-70a or on an interpretation pursuant to N.J.S.A. 40:55D-70b, the Administrative Officer (Township Planner or Board of Adjustment Secretary) shall determine that the following have been submitted in proper form prior to the issuance of a certificate of completeness. The Administrative Officer may schedule the application for consideration by the Board of Adjustment upon submission of items in Subsection A(1) through (8):
(1)
Fifteen copies of a complete application form.
(2)
The required application fees as set forth in § 540-313 of this chapter (all checks must be made payable to the Township of Middletown).
(3)
Proof of payment of any outstanding real estate taxes.
(4)
Fifteen copies of a plan drawn to scale depicting the requested
variance. It is not necessary that this plan be prepared by a surveyor
or engineer, only that it be legible and accurate.
(5)
Applications involving a variance for substandard lot area requires
six sets of building elevations.
(6)
If applicant is not the property owner, then affidavit from
owner permitting contract/purchaser to apply for variance is required.
(7)
A detailed narrative description of the proposed project including
the proposed use of the land or building, the type and extent of construction
activity proposed. Said narrative shall also, where pertinent, describe
the operational aspects of the proposed use including hours of operation,
including peak periods and expected vehicular activity.
(8)
If the applicant is a corporation or partnership, then the names
and addresses of each individual holding 10% or more interest in the
corporation or partnership shall be provided.
[Amended 8-28-1995 by Ord. No. 95-2415]
B.
Plan requirements.
(1)
Tax Map block and lot number(s) of site, as shown on the latest
Township Tax Map.
(2)
The zone district in which the site is located.
(3)
Lot dimensions with front, rear and side setbacks.
(4)
North arrow.
(5)
Scale of plan.
(6)
The location and dimensions of any existing structure including
buildings, pools, fences, and parking areas, along with the distances
to property lines.
(7)
The proposed alteration or variance request including dimensions
and the distances to property lines.
C.
Conditions of approval. Any approval of an application for development
for a variance granted by the Municipal Agency shall be subject to
the following conditions being satisfied prior to the issuance of
a development permit:
(1)
Payment of any outstanding real estate taxes.
(2)
Publication of a notice of the decision by the Administrative Officer (Board of Adjustment Secretary) within the time set forth in § 540-303E of this chapter.
(3)
Any other conditions which may be imposed by the Municipal Agency
or which may be required by federal, state or local law.
D.
Time limit and effect of approval. Variance approval shall be approved
or denied within 120 days of the date of submission of a complete
application to the Administrative Officer or within such other time
as may be further consented to by the applicant. Variance approval
shall confer upon the applicant the right that the general terms and
conditions upon which the variance was granted shall not be changed
for a period of one year. Any variance hereafter granted by the Board
of Adjustment permitting the erection or alteration of any structure
or structures, or permitting a specified use of any premises, shall
expire by limitation unless such construction or alteration shall
have been actually commenced on each and every structure permitted
by said variance, or unless such development has actually been commenced
within 12 months from the date of publication of the notice of the
judgment or determination of the Board of Adjustment. Where the grant
of the variance was specifically conditioned on the grant of subsequent
approvals by the Board, the variance shall expire by limitation unless
a complete application for those subsequent approvals has been filed
within 12 months from the date of publication of the notice of the
judgment or determination of the Board of Adjustment. The running
of the period of limitation herein provided shall be tolled from the
date of filing an appeal from the decision of the Board of Adjustment,
or to a court of competent jurisdiction, until the termination in
any manner of such appeal or proceeding. The Board of Adjustment may,
for good cause, extend the time period of the variance for a period
not to exceed one year. In no case shall the Board grant more than
two such extensions. Where subdivision or site plan approval has been
granted in conjunction with a variance or variances, the period of
time for commencement of the development specified by the Board of
Adjustment shall be the same as the period of time for which other
rights are conferred upon the applicant by such subdivision or site
plan approval pursuant to the provisions of this chapter.
[Amended 8-28-1995 by Ord. No. 95-2415]
A.
Required documents. Prior to the issuance of a certificate of completeness, the Planning Board Secretary or the Board of Adjustment Secretary shall determine that the following has been submitted in proper form. The Planning Board Secretary or the Board of Adjustment Secretary may schedule a preliminary plat of a major subdivision for public hearing upon submission of items in Subsection A(1) through (9):
(1)
Required application fees as set forth in § 540-313 of this chapter. (The Township will compute the fee and bill the applicant after submission of the application and plan.) Twenty sets of plans meeting the following requirements as well as 15 copies of the preliminary major subdivision plat reduced to an eleven-inch-by-seventeen-inch sheet of paper.
[Amended 11-17-1997 by Ord. No. 97-2495]
(2)
Township Engineer's correspondence stating the application be
deemed complete for engineering review.
(3)
Copy of the application for granting of CAFRA permit, where
required, and if submitted.
(4)
Proof that no taxes or assessments for local improvements are
due or delinquent on the property, or if it is shown that taxes or
assessments are delinquent, then any approval shall be conditioned
upon the payment of such outstanding taxes or assessments.
(5)
A certificate of title, which may be on the plat (signed by
the owner and notarized) or in letter form, signed by a member of
the New Jersey Bar or by a Title Officer or authorized agent of a
title insurance company licensed to do business in the State of New
Jersey, which certificate shall confirm that the owner of the premises
in question is the owner as shown on the plat. If the applicant is
not the property owner, then an affidavit from the owner permitting
contract/purchaser to apply for major subdivision is required.
(6)
If the applicant seeks waiver(s) from any checklist item, then
submission of a written request citing the specific requirement by
section number and stating reasons for the waiver(s).
(7)
Where in the opinion of the Department of Planning and Development,
a proposed project would be substantially altered depending upon the
extent and configuration of freshwater wetlands on or near the subject
property, a letter of interpretation from the New Jersey Department
of Environmental Protection and Energy is needed in order for an application
to be deemed complete. For the purposes of this provision, "substantially
altered" shall be defined to include, but not be limited to the following:
(a)
Where the actual extent and configuration of freshwater wetlands
would result in:
[1]
Change in the number of lots proposed within a subdivision.
[2]
Change the size or location of any principal structure, road
or driveway, excluding driveways accessing single-family dwellings
or duplexes.
[3]
Change the location and/or number of parking spaces proposed,
excluding parking for single-family dwellings or duplexes.
[4]
Change in any way the number and extent of any bulk variances
are required.
(8)
A detailed narrative description of the proposed project, including
the proposed use of the land or building, the type and extent of construction
activity proposed, and the number of parking spaces to be provided
and/or added. Said narrative shall also, where pertinent, describe
the operational aspects of the proposed use, including hours of operation,
including peak periods, and expected vehicular activity.
(9)
If the applicant is a corporation or a partnership, then the
names and addresses of each individual holding 10% or more interest
in the corporation or partnership shall be provided.
B.
Plat requirements.
(1)
General requirements.
(a)
All plats containing proposals or designs for drainage, streets
and subdivision layouts shall be prepared by a professional engineer
licensed to practice in the State of New Jersey and shall bear the
address, signature, embossed seal and license number of said professional
engineer. The preliminary plat shall be based on the land survey conducted
not more than five years prior to the date of application and certified
to the subdivider and shall be drawn at a scale of not less than 100
feet to the inch for subdivisions up to 100 acres in size, and not
less than 200 feet to the inch for subdivisions of 100 acres or greater.
(b)
The preliminary plat shall be based on a current certified boundary
survey as required above with sufficient lines off the adjoining tracts
surveyed to establish any overlap or gap between the adjoining boundary
lines and the boundary lines of the tract in question and prepared
in accordance with N.J.A.C. 13:40-5.1, preparation of land surveys.
The date of the survey and the name of the person making the same
shall be shown on the map.
(c)
All proposed lot lines and areas of all lots in square feet.
The areas and dimensions specified should be accurate to within -0.0%
and +4% (for example, a lot line specified as 250 feet long should
not be less than 250 feet but may be as long as 260 feet).
(2)
Title block. The title block shall appear on all sheets and
include:
(a)
"Preliminary Plat - Major Subdivision."
(b)
Name of subdivision, if any.
(c)
Tax Map sheet, block and lot number(s) of the tract to be subdivided
as shown on the latest Township Tax Map, the date of which shall also
be shown.
(d)
Date of original and all revisions.
(e)
Names and addresses of owner and subdivider, so designated.
(f)
Name(s), signature(s) address(es) and license number(s) of the
engineer and/or land surveyor who prepared the map. (The plat shall
bear the embossed seal of said engineer and land surveyor.)
(3)
A key map at a scale of not less than one inch equals 1,000
feet showing the location of the tract to be subdivided, with reference
to surrounding areas, existing streets which intersect or border the
tract, the names of all such streets and any zone boundary of Township
boundary which is within 500 feet of the subdivision.
(4)
A mapping of all critical areas as specified by § 540-624A, and mapping of minimum circle diameters for each lot as specified by § 540-624K. Such mapping shall graphically depict the location of each critical area in relation to the tract. A schedule shall be provided which indicates the contiguous developable area, and the area of all Class I and Class II critical areas for all proposed lots in square feet.
[Amended 5-21-2007 by Ord. No. 2007-2916]
(5)
A schedule shall be placed on the map indicating the zone district,
acreage of the tract, the number of lots, the minimum permitted lot
areas, the contiguous developable lot areas, setbacks, required lot
dimensions, building floor area and proposed and minimum circle diameters
for each lot.
[Amended 5-21-2007 by Ord. No. 2007-2916]
(6)
Zone boundaries, Township borders and the names of all owners,
lot and block numbers and property lines of parcels within 200 feet
of the land to be subdivided, including properties across the street,
as shown by the most recent records of the Township or of the municipality
of which the property is a part.
(7)
North arrow and basis therefore and written and graphic scales.
(8)
Preliminary layouts showing methods of connection and sources
of service. Prior to public hearing for preliminary subdivision plat,
the developer shall provide written certification that he has contacted
the involved servicing utility companies and has received their detailed
specific installation standards. It will be the developer's responsibility
to then integrate the various design standards and achieve optimum
coordinated design.
(9)
The proposed location and area, in acres or square feet, of
all land proposed to be dedicated for park and recreation facilities
or common open space. Where common open space is proposed, the plat
shall contain the following annotation including the site-specific
information:
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"Block __________ Lot(s) __________ is (are) dedicated in perpetuity
as open space to be held in common by the Homeowners'/Condominium
Association which is made up of all the owners of the following properties:
Block(s) __________ Lots(s) __________"
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(10)
The location, dimensions, area and disposition of any park and
recreation areas shall be shown and noted on the preliminary plat
and shall be subject to the approval of the Planning Board.
(11)
The location of proposed depressed pedestrian ramps and other
facilities for the handicapped.
(12)
All existing streets, public easements, watercourses, floodways
and flood hazard areas within the proposed subdivision and within
200 feet of the boundaries thereof, including both the width of the
right-of-way of each street within 200 feet of the subdivision.
(13)
All existing structures on the property and within 100 feet
thereof. For on-tract structures, an indication of those which are
to be destroyed or removed and the use and front, rear, and side yard
dimensions of those to remain.
(14)
The boundaries, nature, extent and acreage of wooded areas and
other important physical features, including swamps, bogs, streams,
creeks and ponds within the proposed subdivision and within 200 feet
thereof.
(15)
The tentative plat shall show on the property to be subdivided
and within 100 feet of that property all existing paper streets, curbs,
manholes, sewer lines, water and gas pipes, utility poles, ponds,
swamps and all other topographical features of a physical or engineering
nature.
(16)
All proposed public easements or rights-of-way and the purposes
thereof, and proposed streets within the proposed subdivision. The
proposed streets shall show the right-of-way and proposed pavement
width.
(17)
Contours.
(a)
Existing one-foot interval contours based on United States Coast
and Geodetic Survey datum (MSL = 0) shall be shown extending a minimum
of 100 feet behind the boundary of the tract in question and shall
be certified by a New Jersey licensed land surveyor or professional
engineer as to accuracy, except that where the slopes exceed 5%, a
two-foot interval may be used. If the slopes exceed 10%, a five-foot
interval is permissible. The source of elevation datum base shall
be noted. If contours have been established by aerial photography,
a check profile shall be made on the boundary line of the tract and
certified by a New Jersey licensed land surveyor.
(b)
Ninety percent of elevations interpolated from contour lines
will be within 1/2 the contour interval when referred to the nearest
bench mark. All spot elevations shall be to the nearest 1/10 foot
and accurate to within 3/10 of a foot.
(c)
Ninety percent of all planimetric features shown on the map
will be within 1/40 inch of their true position and no planimetric
features will be out of true position more than 1/20 inch as map scale
when referenced to the nearest field established station. A statement
of compliance and/or a complete statement concerning any area of noncompliance
with this requirement shall be placed on the tentative plat.
(18)
Preliminary on-site grading and drainage plan.
(a)
The preliminary plat shall show or be accompanied by a preliminary
grading and drainage plan, which shall show locations of all existing
and proposed drainage swales and channels, retention-recharge basins,
the scheme of surface drainage and other items pertinent to drainage,
including the approximate proposed grading contours at one-foot intervals,
except if slopes exceed 5%, a two-foot interval may be used, and if
they exceed 10%, a five-foot interval is permissible. Datum shall
be the United States Coast and Geodetic Survey datum (MSL = 0) and
the source of datum shall be noted.
(b)
The plan shall outline the approximate area contributing to
each inlet.
(c)
All proposed drainage shall be shown with preliminary pipe type
and sizes, invert elevations, grades, and direction of flow, the direction
of flow of all surface waters and all watercourses shall be shown.
(d)
The preliminary grading and drainage plan shall be accompanied
by drainage calculations made in accordance with standards set forth
in the Planning and Development Regulations.
(19)
Preliminary off-site drainage plan. The preliminary plat shall
also be accompanied by a preliminary off-site drainage plan prepared
in accordance with the following standards:
(a)
The plan shall consist of an outline of the entire drainage
basin in which the property to be subdivided is located. The terminus
of the basin and existing ground contours or other basis for determining
basin limits shall be shown.
(b)
Pertinent off-site existing drainage, which receives or discharges
runoff from or onto the site, shall be shown with elevations of inverts,
pipe types, and sizes or other appropriate physical data for open
or non-pipe conduits.
(c)
To the extent that information is available and may be obtained
from the County or Township Engineer(s), any existing plans for drainage
improvements shall be shown.
(d)
In the event a temporary drainage system is proposed, tentative
plans of that system shall be shown.
(e)
The off-site drainage plans shall be accompanied by profiles
of all proposed drainage, showing existing and proposed finished grades,
channel section details, pipe sizes, type, inverts, crowns, and slopes;
all proposed structures and connections and design hydraulic grade
lines for all conduits designed to carry 40 or more cubic feet per
second. Cross-sections at intervals not exceeding 100 feet shall be
shown for all open channels.
(20)
Boring logs. The preliminary plat shall be accompanied by a
set of boring logs and soil analyses for borings made in accordance
with the following requirements:
(a)
Borings shall be spaced evenly throughout the tract.
(b)
One boring not less than 15 feet below the proposed grade or
20 feet minimum depth shall be made for every 10 acres or portion
thereof.
(c)
One additional boring shall be made per every two acres, or
one boring for every three proposed lots, whichever is greater.
(d)
Boring logs shall show soil types and characteristics encountered,
groundwater depth, date of testing, the methods and equipment used,
the name of the firm making the borings and the name of the person
in charge of the boring operation. The boring logs shall also show
surface elevations to the nearest 1/10 of a foot.
(21)
Sectionalization and staging plans. The preliminary sectionalization
and staging plan showing the following:
(a)
If the subdivision is proposed to be filed for final approval
in sections, the plan shall show each such section and the anticipated
date of filing for each section. The staging of the various sections
in the subdivision shall be such that if development of the subdivision
were to be discontinued after the completion of any section, the developed
portion of the subdivision would be provided with adequate street
drainage and utility systems. The size and staging of the section
in a subdivision shall be established to promote orderly development
and shall be subject to the approval of the Board.
(b)
The sectionalization and staging plan shall identify for each
lot or group of lots in the subdivision those improvements that will
be completed prior to application for certificates of occupancy. The
plan should demonstrate that the staging of construction will minimize
adverse effects upon occupied buildings in the subdivision and adjoining
properties.
(22)
If the Township Engineer, the Planning Board or the Board of
Adjustment determines that existing trees located on the site may
have an effect on the proper layout of the subdivision, it may be
required that the location, diameter and type be shown on the plat
for the following:
(a)
Living deciduous trees having a trunk of six inches diameter
or more measured at four feet above ground.
(b)
All living coniferous trees having a trunk of six inches or
more diameter measured at four feet above ground.
(c)
All living dogwood (Cornus florida) or American holly (Ilex
opaca) trees having a trunk of one inch or greater diameter at four
feet above ground.
(d)
All native laurel (Kalmia latifolia) shrubs having a root crown
of three inches measured at the soil or surface level.
(23)
The number, location, size and species (both common and botanical
names) of all proposed trees, shrubs, and/or ground cover plant material
and planting details of same.
(24)
Such other information as the Board and/or Township Engineer
may require or request during the review of the preliminary plat.
C.
Conditions of approval. Any approval of an application for development
for a preliminary plat of a major subdivision by the Planning Board
or Board of Adjustment shall be subject to the following conditions
being satisfied prior to the signing of the plat:
(1)
Submission of additional prints of the plat and attachments
for distribution (if required).
(2)
Monmouth County Planning Board approval (if not previously granted).
(3)
Township of Middletown Sewerage Authority approval (if not previously
granted).
(4)
Publication of the decision of the Board by the Administrative Officer (Planning Board, or Board of Adjustment Secretary) within the time set forth in § 540-303E of this chapter.
(5)
Any other conditions which may be imposed by the Board or may
be required by federal, state or municipal law.
(6)
A condition setting forth the time within which all conditions must be satisfied as described in § 540-303F of this chapter.
(7)
In the event that the application requires an approval from
another governmental agency, then municipal approval is conditioned
upon receiving approval from said governmental agency.
(8)
The Board may also condition its preliminary approval upon the
applicant providing for certain revisions or additions on the final
plat submission.
D.
Certification.
(1)
In the event that the application for development for a preliminary
plat of a major subdivision is approved, a certificate to that effect
in this form:
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Approved as a preliminary plat of a major subdivision by the
Middletown Township Planning Board (Board of Adjustment) on _______________.
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ATTEST:
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Chairman
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Secretary
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Date
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Township Engineer
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Date
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Township Planner
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Date
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(2)
The above certification shall be endorsed on the preliminary plan and the original reproducible thereof shall be provided to the Board by the applicant. Said original shall be signed by the Chairman and Secretary of the Board after they receive certification from the Administrative Officer (Township Planner) that all conditions of approval have been satisfied. After signature, the preliminary plat shall be distributed as provided for in § 540-404 of this chapter and the signed original shall be returned to the applicant.
E.
Time limits for preliminary approval.
(1)
Upon submission of a complete application to the Administrative
Officer (Township Planner) for a subdivision of 10 or fewer lots,
the Board shall grant or deny preliminary approval within 45 days
of the date of such submission or within such further time as may
be consented to by the developer. Upon submission of a complete application
to the Administrative Officer (Township Planner) for a subdivision
of more than 10 lots, the Board shall grant or deny preliminary approval
within 95 days of the date of such submission or within such further
time as may be consented to by the developer. Upon submission of a
complete application to the Administrative Officer for a subdivision
which also involves the granting of a variance, the Board shall grant
or deny preliminary approval within 120 days of such submission or
within such further time as consented to by the developer. Otherwise,
the Board shall be deemed to have granted preliminary approval of
the major subdivision.
F.
Effects of preliminary approval.
(1)
Preliminary approval of a major subdivision shall, except as
otherwise provided herein, confer upon the applicant the following
rights for a three-year period from the date of the preliminary approval:
(a)
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layouts and design standards for streets, curbs and
sidewalks, except that nothing herein shall be construed to prevent
the Township from modifying by ordinance such general terms and conditions
of preliminary approval as relate to public health and safety;
(b)
That the applicant may submit a complete application for final
approval on or before the expiration date of preliminary approval
the whole or a section or sections of the preliminary subdivision
plat or site plan, as the case may be; and
(c)
That the applicant may apply for and the Board may grant extensions
on such preliminary approval for additional periods of at least one
year, but not to exceed a total of two extensions, provided that if
the design standards have been revised by ordinance, such revised
standards shall govern. Whenever the Board grants an extension of
preliminary approval and the approval has expired before the date
on which the extension is granted, the extension shall begin on what
would otherwise be the expiration date. The Board shall grant an extension
of preliminary approval for a period determined by the Board but not
exceeding one year from what would otherwise be the expiration date,
if the developer proves to the reasonable satisfaction of the Board
that the developer was prevented, directly or indirectly, from proceeding
with the development and that the developer applied promptly for and
diligently pursued the required approvals. A developer shall apply
for the extension before: what would otherwise be the expiration date
of the preliminary approval; or the 91st day after the developer receives
the last legally required approval from other governmental entities,
whichever occurs later.
(2)
In the case of a subdivision of or site plan for an area of 50 acres or more, the Board may grant the rights referred to in Subsection F(1)(a), (b) and (c) above for such period of time, longer than three years, as shall be determined by the Board to be reasonable taking into consideration: (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval; (2) economic conditions; and (3) the comprehensiveness of the development. The applicant may apply for thereafter and the Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration: (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval; (2) the potential number of dwelling units and nonresidential floor area permissible under preliminary approval; (3) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; (4) economic conditions; and (5) the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards shall govern.
G.
Improvements not to be installed. Approval of a preliminary plat
shall not confer upon the developer the right to undertake any clearing,
grading and/or to install any improvements prior to final plat approval
unless it shall be determined by the Planning Board or Board of Adjustment
and the Township Engineer that: (1) such clearing, grading and/or
installation of improvements would not hinder future development or
create physical or aesthetic problems in the event that further development
of the subdivision is not undertaken; and (2) that required inspection
fees have been paid and adequate performance guarantees have been
posted to provide for the cost to the Township of performing work
that may be necessary to protect adjacent property owners and the
public interest in the event that such clearing, grading and/or installation
of improvement is not completed and/or further development of the
subdivision is not undertaken. Such performance guarantees shall include,
but are not limited to, the cost of the Township of providing erosion
control facilities, seeding or otherwise stabilizing the site, drainage
facilities necessary to protect off-tract areas from flooding, screening
or fencing that may be required and all improvements to be undertaken
which are within existing public rights-of-way of easements.
[Amended 8-28-1995 by Ord. No. 95-2415]
A.
Required documents. Prior to the issuance of a certificate of completeness, the Planning Board Secretary or the Board of Adjustment Secretary shall determine that the following has been submitted in proper form. The Planning Board or the Zoning Board of Adjustment Secretary may schedule a preliminary plat of a major site plan for public hearing upon submission of items in Subsection A(1) through (9).
(1)
Required application fees as set forth in § 540-313 of this chapter. (The Township will compute the fee and bill the applicant after submission of the application and plan.) Twenty sets of plans meeting the following requirements as well as 15 copies of the preliminary major site plan reduced to an eleven-inch-by-seveteen-inch sheet of paper.
[Amended 11-17-1997 by Ord. No. 97-2495]
(2)
Township Engineer's correspondence stating the application be
deemed complete for engineering review.
(3)
Copy of the application for granting of CAFRA permit, where
required and if submitted.
(4)
Proof that no taxes or assessments for local improvements are
due or delinquent on the property, or if it is shown that taxes or
assessments are delinquent, then any approval shall be conditioned
upon the payment of such outstanding taxes or assessments.
(5)
A certificate of title, which may be on the plat (signed by
the owner and notarized) or in letter form, signed by a member of
the New Jersey Bar or by a title officer or authorized agent of a
title insurance company licensed to do business in the State of New
Jersey, which certificate shall confirm that the owner of the premises
in question is the owner as shown on the plat. If the applicant is
not the property owner, then affidavit from the owner permitting the
contract/purchaser to apply for site plan approval is required.
(6)
If the applicant seeks waiver(s) from any checklist item, then
submission of a written request citing the specific requirement by
section number and stating reasons for the waiver(s).
(7)
Where in the opinion of the Department of Planning and Development,
a proposed project would be substantially altered depending upon the
extent and configuration of freshwater wetlands on or near the subject
property, a letter of interpretation from the New Jersey Department
of Environmental Protection and Energy in order for an application
to be deemed complete. For the purposes of this provision, "substantially
altered" shall be defined to include, but not limited to the following:
(a)
Where the actual extent and configuration of freshwater wetlands
would result in:
[1]
Change in the number of lots proposed within a subdivision.
[2]
Change the size or location of any principal structure, road
or driveway, excluding driveways accessing single-family dwellings
or duplexes.
[3]
Change the location and/or number of parking spaces proposed,
excluding parking for single-family dwellings or duplexes.
[4]
Change in any way the number and extent of any bulk variances
required.
(8)
A detailed narrative description of the proposed project, including
the proposed use of the land or building, the type and extent of construction
activity proposed and the number of parking spaces to be provided
and/or added. Said narrative shall also, where pertinent, describe
the operational aspects of the proposed use, including hours of operation,
including peak periods and expected vehicular activity.
(9)
If the applicant is a corporation or partnership, then the names
and addresses of each individual holding 10% or more interest in the
corporation or partnership shall be provided.
B.
Plat requirements.
(1)
General requirements.
(a)
Any preliminary plat of a major site plan presented to the Planning
Board or the Board of Adjustment for approval shall be signed and
appropriately sealed by an architect, engineer, land surveyor and/or
planner licensed to practice in the State of New Jersey; provided,
however, that sanitary sewer, water distribution and storm drainage
plans and water and sewage treatment plans may only be signed and
sealed by a professional engineer.
(b)
Site plans shall not be drawn at a scale smaller than one inch
equals 50 feet nor larger than one inch equals 10 feet. If the size
of the site would require the use of sheets larger than 30 inches
by 42 inches in order to show the entire site on one sheet, the detailed
information for the site plan shall be shown in sections on sheets
not larger than 30 inches by 42 inches, which sheets shall be keyed
to an overall plan of the site drawn at a scale of not less than one
inch equals 200 feet.
(c)
The site plan shall be based on a monumented, current certified
boundary survey. The date of the survey and the name of the person
making same shall be shown on the map. If 12 months or more have passed
since the date of (or date of last recertification of) the survey,
it shall be recertified and, if necessary, brought up-to-date.
(2)
The tops of the banks and boundaries of the floodways and flood
hazard areas of all existing watercourses, where such have been delineated
and/or such other information as may assist the Board in the determination
of floodway and flood hazard area limits. The Middletown Township
Master Drainage Plan prepared by T&M Associates (1972) may be
utilized as a basis for floodplain delineation.
(3)
Existing and proposed public easement or rights-of-way and the
purpose thereof.
(4)
The boundary, nature, and extent of wooded areas, swamps, bogs,
streams, creeks and ponds within the site and within 200 feet thereof.
(5)
Existing and proposed manholes, sewer lines, fire hydrants,
water lines, utility poles, and all other topographical features of
a physical or engineering nature within the site and within 200 feet
thereof.
(6)
All existing structures on the site and within 200 feet thereof,
including their use, indicating those to be destroyed or removed and
those to remain.
(7)
Title block. The title block shall appear on all sheets and
include:
(a)
Title to read "Preliminary Plat - Major Site Plan." If final
site plan approval is applied concurrently, the title shall read "Preliminary
and Final Plat Major Site Plan."
(b)
Name of the development, if any.
(c)
Tax Map sheet, block and lot number of the site, as shown on
the latest Township Tax Map, the date of which should also be shown.
(d)
Date of original and all revisions.
(e)
Names and addresses of owner and developer, so designated.
(f)
Names, signatures, addresses, and license numbers of engineer,
architect, land surveyor, or planner who prepared the plan and their
embossed seal.
(g)
If the site plan contains more than one sheet, each sheet shall
be numbered, titled, and signed by the appropriate professional.
(8)
A schedule shall be placed on the site plan indicating:
(a)
The zone district in which the site is located.
(b)
Proposed and required lot dimensions with front, rear and side
setbacks.
(c)
The acreage of the tract and site (the portion of the tract
involved in the site plan).
(d)
The floor area of the existing and proposed buildings (listed
separately).
(e)
The proposed use or uses and the floor area devoted to each
use.
(f)
Square footage and percentage of the site retained unoccupied
open space and occupied by buildings.
(g)
Proposed and required off-street parking spaces.
(h)
The maximum permitted and proposed percent of lot coverage for the entire site. Lot coverage shall be based upon the gross tract area as well as the contiguous developable area [refer to Subsection B(10)].
(i)
Proposed and maximum permitted floor area ratio for the entire site. The floor area ratio shall be based upon the gross tract area as well as the contiguous developable area [refer to Subsection B(10)].
(j)
Proposed and maximum permitted height of all existing and proposed
structures (building height shall be measured in stories, as well
as in feet).
(9)
North arrow and written and graphic scales.
(10)
A mapping of critical areas as specified by § 540-624A. Such mapping shall graphically depict the location of each critical area in relation to the total tract. A schedule shall be provided which indicates the contiguous developable area and the area of all Class I and Class II critical areas in square feet.
(11)
Zone boundaries and the Tax Map sheet, lot, and block numbers
and names of owners of all properties within 200 feet of the site.
(12)
A key map (at a scale of not less than one inch equals 1,000
feet), showing the location of the site with reference to surrounding
areas, existing streets, the names of all such streets and any zone
boundary which is within 500 feet of the subdivision.
(13)
The plan shall be accompanied by an on-site drainage plan prepared
in accordance with the following standards:
(a)
The drainage plan shall be presented in graphic form, which
shall clearly show the street and lot layout and those items which
are pertinent to drainage including existing and proposed contours
as previously required.
(b)
The plan shall outline each area contributing to each inlet.
(c)
All proposed drainage shall be shown with pipe type and sizes,
invert and grate or rim elevations, grades, and direction of flow.
The direction of flow of all surface waters and of all streams shall
be shown.
(d)
The drainage plan shall be accompanied by complete drainage
calculations made in accordance with the standards set forth in the
Planning and Development Regulations of Middletown Township.
(14)
Off-site drainage plan. The plat shall also be accompanied by
an off-site drainage plan prepared in accordance with the following
standards:
(a)
The plan shall consist of an outline of the entire drainage
basin in which the site is located. The terminus of the basin and
existing ground contours or other basis for determining basin limits
shall be shown.
(b)
The pertinent off-site existing drainage shall be shown with
elevations of inverts and grates to the nearest 1/10 foot.
(c)
To the extent that information is available and may be obtained
from the County or Municipal Engineer, any existing plans for drainage
improvements shall be shown.
(d)
In the event a temporary drainage system is proposed, full plans
of that system shall be shown.
(e)
The off-site drainage plans shall be accompanied by profiles
of all proposed drainage, showing existing details, pipe sizes, type,
inverts, crowns, slopes; all proposed structures and connections and
design hydraulic grade lines for all conduits designed to carry 40
or more cubic feet per second. Cross-sections at intervals not exceeding
100 feet shall be shown for all open channels.
(15)
Boring logs. Unless the Township Engineer shall determine that
fewer boring logs are required or that some or all of the boring logs
may be deferred to the final plat stage, the site plan shall be accompanied
by a set of boring logs and soil analyses for borings made in accordance
with the following requirements:
(a)
Borings shall be spaced evenly throughout the site.
(b)
One boring not less than 15 feet below grade or 20 feet minimum
depth shall be made for every 10 acres or portion thereof.
(c)
One additional boring shall be made per acre or portion thereof.
(d)
Boring logs shall show soil types and characteristics encountered,
groundwater depths, the methods and equipment used, the date of testing,
the name of the firm, if any, making the borings and the name of the
person in charge of the boring operation. The boring logs shall also
show surface elevations to the nearest 1/10 of one foot.
(16)
The capacity of off-street parking areas and the location and
the dimensions of all access drives, aisles and parking stalls. The
location and treatment of existing and proposed entrances and exits
to public rights-of-way, including the possible utilization of traffic
signals, channelization, acceleration and deceleration lanes, additional
width and any other device necessary for traffic safety and/or convenience,
and the estimated average number of passenger vehicles, single-unit
trucks or buses, and semitrailers that will enter the site each day.
(17)
Graphic depiction of the anticipated routes and details of the
system of on-site vehicular and pedestrian circulation. If the developer
desires to have the appropriate provisions of Title 39 of the Revised
Statutes governing motor vehicle operation made applicable to the
site, thereby allowing municipal police regulation of traffic control
devices, he shall submit a formal request and a detailed plan meeting
the requirements of the New Jersey Department of Transportation. The
Township Engineer will advise the developer regarding the details
of such a plan.
(18)
The location and size of proposed loading docks.
(19)
Location of curbs and sidewalks.
(20)
Cross-sections showing the composition of pavement areas, curbs
and sidewalks.
(21)
Location of handicapped facilities including parking spaces
and ramps (where applicable).
(22)
Paving and right-of-way widths of existing streets within 200
feet of the site.
(23)
If required by the Township Engineer, center line profiles of
streets bordering the site, internal roadways, and major circulation
aisles showing:
(24)
Location, use, finished grade level, ground coverage, first
floor and basement elevations, of all existing buildings and other
pertinent improvements.
(25)
A grading plan showing existing and proposed grading contours
at one-foot intervals throughout the tract, except if slopes exceed
5%, a two-foot interval may be used, and if they exceed 10%, a five-foot
interval is permissible. Datum shall be United States Coast and Geodetic
Survey datum (MSL = 0) and source of datum shall be noted. In addition
to proposed grading contours, sufficient additional spot elevations
shall be drawn to clearly delineate proposed grading.
(26)
Exterior lighting plan, including the location, direction of
illumination, amount of illumination expressed in horizontal footcandles,
wattage and drawn details of all outdoor lighting standards and fixtures.
(27)
Landscaping and screening plan showing the location, species
(both common and botanical names), size and number of each type of
tree or shrub, the location, type and amount of each type of ground
cover to be utilized, and plant list and planting details for trees,
shrubs, and/or ground cover.
(28)
Location of signs and drawn details showing the size, color,
nature of construction, height and content of all signs.
(29)
Drawn details of the type of screening to be utilized for refuse
storage areas, outdoor equipment and bulk storage areas.
(30)
Floor plans and building elevation drawings of any proposed
structure or structures, or existing structures to be renovated. Building
elevations shall specify all proposed exterior treatments including
colors and materials.
(31)
If the Township Engineer, Planning Board or Zoning Board of
Adjustment determines that existing trees located on the site may
have an effect on the proper layout of the site, it may be required
that the location, caliper and type be shown on the plat for the following:
(a)
Living deciduous trees having a trunk diameter of six inches
or more at breast height.
(b)
All living coniferous trees having a trunk six inches or more
in diameter at breast height.
(c)
All living dogwood (Comus florida) or American holly (Ilex opaca)
trees having a trunk of one inch or greater at breast height.
(d)
All native laurel (Kalmia latifolia) shrubs having a root crown
of three inches or greater measured at the soil or surface level.
(32)
The location, area, dimensions and proposed disposition of any
area or areas of the site proposed to be retained as common open space,
indicating the facilities to be provided in such areas.
(33)
Sectionalization and staging plan. Developers of large uses
such as shopping centers, multifamily dwellings, industrial parks
or other such uses proposed to be developed in stages shall submit
a sectionalization and staging plan showing the following:
(a)
The anticipated date for commencing construction of each section
or stage. The staging of development on the site shall be such that
if development of the site were discontinued after the completion
of any stage, the developed portion of the site could comply in all
respects to the requirements of this chapter and be provided with
adequate drainage and utility systems.
(b)
Those improvements that will be completed in each stage prior
to application for certificate of occupancy. The plan should demonstrate
that the staging of construction will minimize adverse effects upon
occupied buildings in the site and adjoining properties.
(34)
Such other information as the Municipal Agency and/or Township
Engineer may request during site plan review.
C.
Conditions of approval. Any approval of an application for development
for a preliminary plat of a major site plan by the Planning Board
or Board of Adjustment shall be subject to the following conditions
being satisfied prior to the signing of the plat:
(1)
Submission of additional prints of the plat and attachments
for distribution (if required).
(2)
Monmouth County Planning Board approval (if not previously granted).
(3)
Township of Middletown Sewerage Authority approval (if not previously
granted).
(4)
Publication of a notice of the decision of the Board by the Administrative Officer (Planning Board or Board of Adjustment Secretary) in accordance with § 540-303E of this chapter.
(5)
Any other conditions which may be imposed by the Board or may
be required by federal, state or local law.
(6)
A condition setting forth the time within which all conditions must be satisfied as described in § 540-303F of this chapter.
(7)
In the event that the application requires an approval from
another governmental agency, then municipal approval shall be conditioned
upon receiving approval from said governmental agency.
(8)
The Board may also condition its preliminary approval upon the
applicant providing for certain revisions or additions on the final
plat submission.
D.
Certification.
(1)
In the event that the application for development for a preliminary
plat of a major subdivision is approved, a certification to that effect
in this form:
|
Approved as a preliminary plat of a major subdivision by the
Middletown Township Planning Board (Board of Adjustment) on _______________.
| ||
|
ATTEST:
|
Chairman
| |
|
Secretary
|
Date
| |
|
Township Engineer
|
Date
| |
|
Township Planner
|
Date
| |
(2)
The above certification shall be endorsed on the preliminary plat and the original reproducible thereof shall be provided to the Board by the applicant. Said original shall be signed by the Chairman and Secretary of the Municipal Agency after they receive certification from the Administrative Officer (Township Planner) that all conditions of approval have been satisfied. After signature, the preliminary plat shall be distributed as provided for in § 540-404G of this chapter and the signed original shall be returned to the applicant.
E.
Time limits for approval. Upon the submission to the Administrative
Officer (Township Planner) of a complete application for a site plan
which involves 10 acres of land or less, and 10 dwelling units or
less, the Board shall grant or deny preliminary approval within 45
days of the date of such submission or within such further time as
may be consented to by the developer. Upon submission of a complete
application for a site plan which involves more than 10 acres, or
more than 10 dwelling units, the Board shall grant or deny preliminary
approval within 95 days of the date of such submission or within such
further time as may be consented to by the developer. Upon the submission
to the Administrative Officer of a complete application for a site
plan which also involves the granting of a variance, the Board shall
grant or deny preliminary approval within 120 days of the date of
such submission or within such further time as consented to by the
developer. Otherwise, the Board shall be deemed to have granted preliminary
approval of the site plan.
F.
Effects of preliminary approval.
(1)
Preliminary approval of a major site plan shall, except as otherwise
provided herein, confer upon the applicant the following rights for
a three-year period from the date of the preliminary approval:
(a)
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layouts and design standards for streets, curbs and
sidewalks, and in the case of a site plan, any requirements peculiar
to site plan approval pursuant to N.J.S.A. 40:55D-41; except that
nothing herein shall be construed to prevent the Township from modifying
by ordinance such general terms and conditions of preliminary approval
as relate to public health and safety;
(b)
That the applicant may submit a complete application for final approval
on or before the expiration date of preliminary approval the whole
or a section or sections of the preliminary subdivision plat or site
plan, as the case may be; and
(c)
That the applicant may apply for and the Board may grant extensions
on such preliminary approval for additional periods of one year, but
not to exceed a total of two extensions, provided that if the design
standards have been revised by ordinance, such revised standards shall
govern. Whenever the Board grants an extension of preliminary approval
and the approval has expired before the date on which the extension
is granted, the extension shall begin on what would otherwise be the
expiration date. The Board shall grant an extension of preliminary
approval for a period determined by the Board but not exceeding one
year from what would otherwise be the expiration date, if the developer
proves to the reasonable satisfaction of the Board that the developer
was prevented from proceeding with the development and that the developer
applied promptly for and diligently pursued the required approvals.
A developer shall apply for the extension before: what would otherwise
be the expiration date of the preliminary approval; or the 91st day
after the developer receives the last legally required approval from
other governmental entities, whichever occurs later.
(2)
In the case of a site plan for an area of 50 acres or more, the Board may grant the rights referred to in Subsection F(1)(a), (b) and (c) above for such period of time, longer than three years, as shall be determined by the Board to be reasonable taking into consideration: (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval; (2) economic conditions; and (3) the comprehensiveness of the development. The applicant may apply for thereafter and the Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration: (1) the number of dwelling units and nonresidential floor area permissible under preliminary approval; (2) the potential number of dwelling units and nonresidential floor area permissible under preliminary approval; (3) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; (4) economic conditions; and (5) the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards shall govern. Approval of a preliminary plat shall confer upon the applicant all the rights set forth in N.J.S.A. 40:55D-49.
G.
Improvements not to be installed. Approval of a preliminary plat
shall not confer upon the developer the right to undertake any clearing,
grading, and/or to install any improvements prior to final plat approval
unless it shall be determined by the Planning Board or Board of Adjustment
and the Township Engineer that: (1) said clearing, grading, and/or
installation of improvements would not hinder future development or
create physical or aesthetic problems in the event that further development
of the site plan is not undertaken; and (2) that required inspection
fees have been paid, and adequate performance guarantees have been
posted to provide for the cost to the Township of performing work
that may be necessary to protect adjacent property owners and the
public interest in the event that such clearing, grading, and/or installation
of improvements is not completed and/or further development of the
site is not undertaken. Such performance guarantees shall include,
but are not limited to, the cost of the Township of providing stabilizing
the site, drainage facilities necessary to protect off-tract areas
from flooding, screening, or fencing that may be required and all
improvements to be undertaken which are within existing public rights-of-way
or easements.
H.
Major site plan waiver. The approving authority may waive major site
plan approval of an application if the applicant can clearly demonstrate
that because of particular conditions relating to the property, literal
enforcement of a formal application for major site plan approval is
impractical and that the proposal does not noticeably affect the items
set forth in the Planning and Development Regulations.
[Amended 10-19-1998 by Ord. No. 98-2529]
(1)
The approving authority may waive the formal requirements of
obtaining major site plan approval if the proposed development meets
one of the following:
(a)
Secured site plan approval under the terms of this chapter within the past five years and the proposed alteration complies with all provisions of Chapter 540, Planning and Development Regulations.
(b)
Changes in use, other than a conditional use, where adequate parking pursuant to § 540-627R presently exists on site or are proposed.
(c)
Building alterations and additions which do not increase the footprint of the structure and do not increase the total gross floor area of the structure by 25% or more, provided that adequate parking pursuant to § 540-627R presently exists on site or are proposed.
(d)
Applications for accessory structures which do not exceed 500
square feet in size.
(2)
Public notice to the owners of all real property within 200
feet of the site and notice given by publication within the official
newspaper of the Township shall not be required for a major site plan
waiver request.
[Amended 8-28-1995 by Ord. No. 95-2415; 11-17-1997 by Ord. No. 97-2495]
A.
Required documents. Prior to the issuance of a certificate of completeness for scheduling of a final plat of a major subdivision for public hearing, the Planning Board Secretary or the Board of Adjustment Secretary shall determine that the following has been submitted in proper form. The Planning Board Secretary or the Board of Adjustment Secretary may schedule a public hearing upon submission of items in Subsection A(1) through (9).
(1)
Required application fees as set forth in § 540-313 of this chapter. (The Township will compute the fee and bill the applicant after submission of the application and plan). Twenty sets of plans meeting the following requirements as well as 15 copies of the final major subdivision plat reduced to an eleven-inch-by-seventeen-inch sheet of paper.
[Amended 11-17-1997 by Ord. No. 97-2495]
(2)
Township Engineer's correspondence stating the application be
deemed complete for engineering review.
(3)
Copy of the application for granting of CAFRA permit, where
required and if submitted.
(4)
Proof that no taxes or assessments for local improvements are
due or delinquent on the property, or if it is shown that taxes or
assessments are delinquent, then any approval shall be conditioned
upon the payment of such outstanding taxes or assessments.
(5)
A certificate of title, which may be on the plat (signed by
the owner and notarized) or in letter form, signed by a member of
the New Jersey Bar or by a title officer or authorized agent of a
title insurance company licensed to do business in the State of New
Jersey, which certificate shall confirm that the owner of the premises
in question is the owner as shown on the plat. If the applicant is
not the property owner, then affidavit from the owner permitting contract/purchaser
to apply for major subdivision approval is required.
(6)
If the applicant seeks waiver(s) from any checklist item, then
submission of a written request citing the specific requirement by
section number, and stating reasons for the waiver(s).
(7)
Where in the opinion of the Department of Planning and Development
a proposed project would be substantially altered depending upon the
extent and configuration of freshwater wetlands on or near the subject
property, a letter of interpretation from the New Jersey Department
of Environmental Protection and Energy in order for an application
to be deemed complete. For the purposes of this provision, "substantially
altered" shall be defined to include, but not be limited to the following:
(a)
Where the actual extent and configuration of freshwater wetlands
would result in:
[1]
Change in the number of lots proposed within a subdivision.
[2]
Change the size or location of any principal structure, road,
or driveway, excluding driveways accessing single-family dwellings
or duplexes.
[3]
Change the location and/or number of parking spaces proposed,
excluding parking for single-family dwellings or duplexes.
[4]
Change in any way the number and extent of any bulk variances
required.
(8)
A detailed narrative description of the proposed project, including
the proposed use of the land or building, the type and extent of construction
activity proposed and the number of parking spaces to be provided
and/or added. Said narrative shall also, where pertinent, describe
the operational aspects of the proposed use, including hours of operation,
peak periods, and expected vehicular activity.
(9)
If the applicant is a corporation or partnership, then the names
and addresses of each individual holding 10% or more interest in the
corporation or partnership shall be provided.
B.
Plat requirements.
(1)
General requirements. A final plat may, for all or any portion
of an approved preliminary plat, be submitted to the Municipal Agency
within three years of the date of approval of the preliminary plat.
(b)
All dimensions, both linear and angular, of the exterior boundaries
of the subdivision and all lots and all lands reserved or dedicated
for public use shall balance and their description shall close within
a limit of error of not more than one part in 10,000 identified by
a note on the plan indicating the error of closure.
(c)
Unless specifically waived by the Township Engineer, the bearing
system used on the exterior boundaries of the final plat shall conform
to the New Jersey State Plane Coordinate System or the plat shall
show bearings based on said system in addition to any other bearings
conforming to the New Jersey State Plane Coordinate System shall be
enclosed in brackets.
(d)
Unless specifically waived by the Township Engineer, coordinates,
based on the New Jersey State Plane Coordinate System (X and Y) shall
be shown, individually or in tabular form, for the monumented (existing
or proposed) corners of the exterior boundary of the tract.
(e)
The source of New Jersey State Plane Coordinate System information
shown as required above shall be noted on the final plat.
(2)
Purpose of final plat. A final plat and supporting drawings
and documents for a proposed subdivision constitute the complete and
fully detailed and documented development of the subdivision proposal
and becomes the basis for the construction of the subdivision and
inspection by the Township Engineer, other officials and Planning
Board, or Board of Adjustment. The portion of the plat intended for
filing must be recorded at the County Clerk's office to have legal
status.
(a)
The final plat shall be based on a monumented, current, certified
boundary survey prepared in accordance with N.J.A.C. 13:40-5.1, Preparation
of Land Surveys. The date of the survey and the name of the person
making the same shall be shown on the map. If 12 months or more have
passed since the date or date of last recertification of the survey,
it shall be recertified and, if necessary, brought up-to-date. Any
necessary revisions from the survey used as a base for the tentative
plat shall be specifically noted.
(c)
Tract boundary lines, right-of-way lines of streets, easements
and other rights-of-way; land to be reserved or dedicated to public
use, all lot lines and site easement lines, with accurate dimensions
and bearings and radii, tangents, chords, arcs and central angles
of all curves and all front, rear and side (or yard) setback lines.
(d)
Lot and block numbers shown on the final plat shall conform
to the Township Tax Map (or proposed revisions thereof) and shall
be obtained by the applicant's engineer from the Township Engineer.
Proposed house numbers shall be obtained from the Township Building
Department and shall be shown encircled on the final plat, or on one
of the attachments thereto. The Township Engineer shall not affix
his signature to the final plat unless the applicant has fully complied
in this regard.
(e)
Subdivision names and street names shown on the final plat shall
not be the same or similar to any name of any existing subdivision
or street in the Township and shall be approved by the Department
of Planning and Development.
(3)
Specific requirements.
(a)
Utility layouts, specifications and cross sections (sewers,
water, gas, electric, telephone, etc.), showing feasible connections
to any existing or proposed utility systems; provided, however, that
detailed layouts of gas, electric, and telephone lines are not required.
An indication of these on a typical road cross sections shall be sufficient.
Layouts shall include proposed locations of streetlights and fire
hydrants. If private utilities are proposed, they shall comply with
all local, county and state regulations.
(b)
Where required by the Township Engineer, cross sections of proposed
streets to at least 10 feet outside of any grading limit at intervals
of at least 100 feet of all proposed street.
(c)
The tops of the banks and boundaries of the floodways and flood
hazard areas of all existing watercourses, where such have been delineated
and/or such other information as may assist the Board in the determination
of floodway and flood hazard area limits.
(d)
Unless waived by the Board, a detailed plan setting forth the type and location of all traffic control and regulatory devices. This plan shall have been approved by, or in the opinion of the Township Engineer, be likely to be approved by the New Jersey Department of Transportation. This plan shall be prepared by consultation with the Township Engineer and the Township Police Department and shall provide for all appropriate traffic control measures necessary for the health, safety, convenience, and well-being of those occupying, or likely to occupy, the subdivision between final approval and final acceptance. This plan shall be accompanied by the formal request referred to in § 540-412A.
(e)
Sectionalization of final plats shall be in conformance with
the sectionalization and staging plan, if any, approved with the preliminary
plat.
(f)
A grading plan showing existing and proposed grading contours
at one foot intervals throughout the tract, except if slopes exceed
5%, a two-foot interval may be used, and if they exceed 10%, a five-foot
interval is permissible. Datum shall be United States Coast and Geodetic
Survey datum (MSL = 0) and source of datum shall be noted. In addition
to proposed grading contours, sufficient additional spot elevations
shall be shown to clearly delineate proposed grading, including corner
elevations of buildings and first floor and basement elevations.
(g)
The limits of all areas of proposed cuts and fills (exclusive
of excavations for basements) shall be clearly designated.
(h)
The final subdivision plans shall include all data required
for the preliminary plat of the major subdivision and shall be drawn
to incorporate all changes required as a condition of preliminary
major subdivision approval.
(4)
Such other information as the Board and/or Township Engineer
may request during review.
C.
Conditions of approval. Any approval of an application for development
of a final plat of a major subdivision shall be subject to the following
conditions being satisfied within a period of time specified by the
Planning Board or Board of Adjustment, prior to the signing of the
plat of issuance of a development permit.
(1)
Payment of any outstanding real estate taxes.
(2)
Submission of additional prints of the plat map and attachments
for distribution, if required.
(3)
Publication of a notice of the decision of the Board by the Administrative Officer (Planning Board or Board of Adjustment Secretary) the time set forth in § 540-303E of this chapter.
(4)
Final Monmouth County Planning Board approval (if not previously
obtained).
(5)
Final Township of Middletown Sewerage Authority approval (if
not previously obtained).
(6)
Final Monmouth Consolidated Water Company approval.
(7)
Final JCP&L Company, N.J. Natural Gas Company, Bell Telephone
and Cable Television Company service agreement.
(8)
Certification of Soil Erosion and Sediment Control Plans (if
not previously obtained).
(9)
Bureau of Fire Prevention approval (if not previously obtained).
(10)
Granting of New Jersey Freshwater Wetlands "Letter of Interpretation"
(if required).
(11)
Certification of approval of plans for drainage or watercourse
diversions by the State of New Jersey, Department of Environmental
Protection, where required.
(12)
Granting of a Coastal Area Facilities Review Act (CAFRA) Permit
(where required).
(13)
Approval of any required riparian grants or licenses.
(14)
Granting of any required construction permits.
(15)
Posting of required performance guarantees.
(16)
Payment of required inspection fees.
(17)
Evidence of a comprehensive general liability insurance policy
in an amount not less than $300,000 per occurrence indemnifying and
saving harmless the Township and its agencies, employees and agents
from any liability for any acts of the subdivider or his agents, contractors
or employees in the implementation of the approved subdivision. The
insurance policy shall provide for 10 days' notice to the Township
prior to cancellation. It shall be a violation of this chapter for
any property owner, subdivider or builder to carry on the construction
of a subdivision without having current valid evidence of insurance
on file.
(18)
Any other conditions which may be imposed by the Board or may
be required by federal, state or local law.
(19)
A condition setting forth the time within which all other conditions must be met as described in § 540-303F of this chapter.
(20)
In the event that the application requires an approval from
another governmental agency, then municipal approval is conditioned
upon receiving approval from said governmental agency.
D.
Certification.
(1)
In the event that the application for development for a final
plat of a major subdivision is approved, a certification to that effect
in this form:
|
Approved as a final plat of a major subdivision by Middletown
Township Planning Board (Board of Adjustment) on _______________.
| ||
|
ATTEST:
| ||
|
Chairman
| ||
|
Secretary
|
Date
| |
|
This plat must be filed in the office of the Clerk of Monmouth
County on or before _____________ which date is 95 days after the
date upon which this plat was signed.
| ||
|
Secretary
| ||
(2)
The above certification shall be endorsed on the plat and the original reproducible thereof shall be provided to the Board by the applicant. Said original shall be signed by the Chairman and Secretary of the Board and the Township Engineer (as to the map filing law certification) after they receive a certification from the Administrative Office (Township Planner) that all conditions of approval have been satisfied. After signature, plat shall be reproduced as provided for in § 540-404 of this chapter and the signed original shall be returned to the applicant for filing.
E.
Filing of approved plat. If the applicant desires to proceed with
a subdivision for which final approval has been granted, the applicant
shall file with the County Recording Officer a plat map drawn in compliance
with the New Jersey Map Filing Law, N.J.S.A. 46:23, as amended and
supplemented,[4] within 95 days from the date upon which plat was signed
by the Board Chairman and Secretary. The applicant shall, within one
week after filing the subdivision with the County Recording Officer,
notify in writing, the Township Engineer and Township Tax Assessor
of the date of filing of the subdivision with the County Recording
Officer and the case and sheet or page number for the filed map. A
duplicate tracing of the filed map indicating thereof the filing date
shall be obtained from the County Recording Officer by the Township
Clerk, who shall distribute copies of the filed map to appropriate
municipal officials. In the event the subdivider fails to so file
within the period allowed, the approval of the plat shall expire unless,
prior to expiration, such time is extended by the Board for a period
not to exceed 95 days for good cause shown.
[4]
Editor's Note: See now N.J.S.A. 46:26B-1 et seq.
F.
Final approval.
(1)
Application for final subdivision approval shall be granted
or denied within 45 days of submission of a complete application to
the Administrative Officer (Township Planner) or within such further
time as may be consented to by the applicant.
(2)
Final approval shall expire two years from the date of the passage
of the resolution of final approval unless if during that time all
conditions provided for in the resolution of approval have not been
fully complied with, performance guarantees posted, and the plans
signed by the appropriate officials, and the plats duly filed with
the County Recording Officer, the Township Engineer, and the Township
Tax Assessor. The Board may, for good cause shown, extend the period
in which to fulfill all conditions and perfect the approval. Whenever
the Board grants an extension of final approval and the approval has
expired before the date on which the extension is granted, the extension
shall begin on what would otherwise be the expiration date. The Board
shall grant an extension of final approval for a period determined
by the Board but not exceeding one year from what would otherwise
be the expiration date, but not to exceed a total of three extensions,
if the developer proves to the reasonable satisfaction of the Board
that the developer was prevented from proceeding with the development
and that the developer applied promptly for and diligently pursued
the required approvals. A developer shall apply for the extension
before what would otherwise be the expiration date of the preliminary
approval or the 91st day after the developer receives the last legally
required approval from other governmental entities, whichever occurs
later.
G.
Effect of final approval.
(1)
The zoning requirements applicable to the preliminary approval
first granted and all other rights conferred upon the developer at
preliminary approval, whether conditionally or otherwise, shall not
be changed for a period of two years after the date of final approval;
provided that in the case of major subdivision, the rights conferred
by this section shall expire if the plat has not been duly recorded
within the required time period. If the developer has followed the
standards prescribed for final approval and, in the case of a subdivision,
has duly recorded the plat, the Board may extend such period of protection
for extensions of one year, but not to exceed three extensions. Notwithstanding
any other provisions of N.J.S.A. 40:55D-1 et seq., the granting of
final approval terminates the time period of the rights conferred
by preliminary approval for the section granted final approval.
(2)
In the case of a subdivision for a planned unit development
or planned unit residential development or residential cluster of
50 acres or more or conventional subdivision or site plan for 150
acres or more, the Board may grant rights for such period of time,
longer than two years as shall be determined by the Board to be reasonable
taking into consideration: (1) the number of dwelling units and nonresidential
floor area permissible under final approval; (2) economic conditions;
and (3) the comprehensiveness of the development. The developer may
apply for thereafter, and the Board may thereafter grant, an extension
of final approval for such additional period of time as shall be determined
by the Board to be reasonable, taking into consideration: (1) the
number of dwelling units and nonresidential floor area permissible
under final approval; (2) the number of dwelling units and nonresidential
floor area remaining to be developed; (3) economic conditions; and
(4) the comprehensiveness of the development.
H.
Combined preliminary and final major subdivision approval. An applicant
may require and the Planning Board or Board of Adjustment may consent
to accept an application for development for combined preliminary
and final major subdivision approval, provided that:
(1)
The proposed development is not to be constructed in sections
or stages.
(2)
The applicant pays the application fees and provides all submissions
required for both preliminary and final applications.
(3)
Any notice of hearing requirements applicable to the preliminary
plat stage are complied with.
(4)
The applicant consents to the time limits for action by the
Board to be the greater of the limits set for either preliminary or
final approval.
(5)
The Board is satisfied that the scope of the project is not
so large or so complex as to require the additional review time which
separate applications would provide. Any approval granted by the Board
or such combined application shall confer upon the applicant all the
rights set forth in this section for final approval.
I.
Display of final plat. The subdivider or his agent shall keep a clear
and legible copy of the approved final plat in plain view in a prominent
location in his offices and/or salesrooms from which sales in the
approved subdivisions are made so that prospective purchasers may
have the opportunity to learn the special conditions, if any, under
which approval was given.
[Amended 8-28-1995 by Ord. No. 95-2415]
A.
Required documents. Prior to the issuance of a certificate of completeness for scheduling of a final plat of a major site plan for public hearing, the Planning Board Secretary or the Board of Adjustment Secretary shall determine that the following has been submitted in proper form. The Planning Board Secretary or the Board of Adjustment Secretary may schedule final plat of a major site plan for public hearing upon submission of items in Subsection A(1) through (10).
(1)
Required application fees as set forth in § 540-313 of this chapter. (The Township will compute the fee and bill the applicant after submission of the application plan.) Twenty sets of plans meeting the following requirements as well as 15 copies of the final major site plan reduced to an eleven-inch-by-seventeen-inch sheet of paper.
[Amended 11-17-1997 by Ord. No. 97-2495]
(2)
Township Engineer's correspondence stating the application be
declared complete for review.
(3)
Copy of the application for granting of CAFRA permit, where
required, and if submitted.
(4)
Proof that no taxes or assessments for local improvements are
due or delinquent on the property or if it is shown that taxes or
assessments are delinquent, then any approval shall be conditioned
upon the payment of such outstanding taxes or assessments.
(5)
A certificate of title, which may be on the plat (signed by
the owner and notarized or in letter form, signed by a member of the
New Jersey Bar or by a Title Officer or authorized agent of a title
insurance company licensed to do business in the State of New Jersey,
which certificate shall confirm that the owner of the premises in
question is the owner as shown on the plat. If the applicant is not
the property owner, then an affidavit from the owner permitting the
contract/purchaser to apply for major subdivision is required.
(6)
If the applicant seeks waiver(s) from any checklist item, then
submission of a written request citing the reasons for the waiver(s)
is required.
(7)
Where in the opinion of the Department of Planning and Development,
a proposed project would be substantially altered depending upon the
extent and configuration of freshwater wetlands on or near the subject
property, a letter of interpretation from the New Jersey Department
of Environmental Protection and Energy is needed in order for an application
to be deemed complete. For the purposes of this provision, "substantially
altered" shall be defined to include, but not limited to the following:
(a)
Where the actual extent and configuration of freshwater wetlands
would result in:
[1]
Change in the number of lots proposed within a subdivision.
[2]
Change the size or location of any principal structure, road
or driveway, excluding driveways accessing single-family dwellings
or duplexes.
[3]
Change the location and/or number of parking spaces proposed,
excluding parking for single-family dwellings or duplexes.
[4]
Change in any way the number and extent of any bulk variances
required.
(8)
A detailed narrative description of the proposed project including
the proposed use of the land or building, the type and extent of construction
activity proposed and the number of parking spaces to be provided
and/or added. Said narrative shall also, where pertinent, describe
the operational aspects of the proposed use, including hours of operation,
peak periods, and expected vehicular activity.
(9)
All site plans shall include all proposed signs including size,
material and location. A typical sign detail shall be submitted for
multi-tenants.
(10)
If the applicant is a corporation or partnership, then the names
and addresses of each individual holding 10% or more interest in the
corporation or partnership shall be provided.
B.
Plat requirements. The final plat shall include all data required
for the preliminary plat of the major site plan and shall be drawn
to incorporate all changes required as a condition of preliminary
approval and shall be drawn by persons and to specifications as required
for a preliminary plat and shall be titled "Final Plat - Major Site
Plan." For combined preliminary and final site plan applications,
the plat shall be titled "Preliminary and Final Plat Major Site Plan."
C.
Conditions of approval. Any approval of an application for development
of a final plat of a major site plan shall be subject to the following
conditions being satisfied, within a period of time specified by the
Planning Board or Board of Adjustment, prior to signing of the plat
or issuance of a development permit:
(1)
Payment of any outstanding real estate taxes.
(2)
Submission of additional prints of the plat map and attachments
for distribution, if required.
(3)
Publication of a notice of the decision of the Board by the Administrative Officer (Planning Board or Board of Adjustment Secretary) within the time set forth in § 540-303E of this chapter.
(4)
Final Monmouth County Planning Board approval (if not previously
obtained).
(5)
Final Middletown Township Sewerage Authority approval (if not
previously obtained).
(6)
Final Monmouth Consolidated Water Company approval.
(7)
Final JCP&L Company, N.J. Natural Gas Company, Bell Telephone
Company, and Cable Television Company Service Agreements (if applicable).
(8)
Certification of soil erosion and sediment control plans (if
not previously obtained).
(9)
Bureau of Fire Prevention approval (if not previously obtained).
(10)
Granting of State Wetlands Permit (if required).
(11)
Certification of approval of plans for drainage or watercourse
diversions by the State of New Jersey, Department of Environmental
Protection, where required.
(12)
Granting of a Coastal Area Facilities Review Act (CAFRA) permit,
where required.
(13)
Approval of any required riparian grants or licenses.
(14)
Granting of any required construction permits.
(15)
Posting of required performance guarantees.
(16)
Payment of required inspection fees.
(17)
Evidence of a comprehensive general liability insurance policy
in an amount not less than $300,000 per occurrence indemnifying and
saving harmless the Township and its agencies, employees and agents
from any liability for any acts of the developer or his agents from
any liability for any acts of the developer or his agents, contractors
or employees in implementing of the approved site plan. The insurance
policy shall provide for 10 days' notice to the Township prior to
cancellation. It shall be a violation of this chapter for any property
owner, developer or builder to carry on the construction of the site
without having current valid evidence of insurance on file.
(18)
Any other conditions which may be imposed by the Board or may
be required by federal, state, or local law.
(19)
A condition setting forth the time within which all other conditions must be satisfied as described in § 540-303F of this chapter.
(20)
In the event that the application requires approval from another
governmental agency, then municipal approval is conditioned upon receiving
approval from said governmental agency.
D.
Certification.
(1)
In the event that the application for development for a final
plat of a major site plan is approved, a certification to that effect
in this form:
|
Approved as a final plat of a major site plan by the Township
of Middletown Planning Board (Board of Adjustment) on _______________.
| ||
|
ATTEST:
| ||
|
Chairman
| ||
|
Secretary
|
Date
| |
|
Township Engineer
|
Date
| |
|
Township Planner
|
Date
| |
(2)
The above certification shall be endorsed on the plat and the original reproducible thereof shall be provided to the Board by the applicant. Said original shall be signed by the Chairman and Secretary of the Board after they receive a certification from the Administrative Officer (Township Planner) that all conditions of approval have been satisfied. After signature, the plat shall be distributed as provided for in § 540-404G of this chapter and the original shall be returned to the applicant.
E.
Filing of approved plat. If the applicant desires to proceed with
a subdivision for which final approval has been granted, he shall
file with the County Recording Officer a plat map drawn in compliance
with Chapter 141 of the Laws of 1960, as amended and supplemented,
within 95 days from the date upon which plat was signed by the Planning
Board Chairman and Secretary. The applicant shall, within one week
after filing the subdivision with the County Recording Officer, notify
in writing, the Township Engineer and Township Tax Assessor of the
date of filing of the subdivision with the County Recording Officer
and the case and sheet or page number for the filed map. A duplicate
tracing of the filed map indicating thereof the filing date shall
be obtained from the County Recording Officer by the Township Clerk,
who shall distribute copies of the filed map to appropriate municipal
officials. In the event the subdivider fails to so file within the
period allowed, the approval of the plat shall expire unless, prior
to expiration, such time is extended by the Board for a period not
to exceed 95 days for good cause shown.
F.
Final approval.
(1)
Application for final site plan approval shall be granted or
denied within 45 days of submission of a complete application to the
Administrative Officer (Township Planner) or within such further time
as may be consented to by the applicant.
(2)
Final approval shall expire two years from the date of the passage
of the resolution of final approval, unless if during that time all
conditions provided for in the resolution of approval have not been
fully complied with, performance guarantees posted, and the plans
signed by the appropriate officials. The Board may, for good cause
shown, extend the period in which to fulfill all applicable conditions
and perfect the approval. Whenever the Board grants an extension of
final approval and the approval has expired before the date on which
the extension is granted, the extension shall begin on what would
otherwise be the expiration date. The Board shall grant an extension
of final approval for a period determined by the Board but not exceeding
one year from what would otherwise be the expiration date, but not
to exceed a total of three extensions, if the developer proves to
the reasonable satisfaction of the Board that the developer was prevented
from proceeding with the development and that the developer applied
promptly for and diligently pursued the required approvals. A developer
shall apply for the extension before: what would otherwise be the
expiration date of the preliminary approval; or the 91st day after
the developer receives the last legally required approval from other
governmental entities, whichever occurs later.
G.
Effect of final approval.
(1)
The zoning requirements applicable to the preliminary approval
first granted and all other rights conferred upon the developer at
preliminary approval, whether conditionally or otherwise, shall not
be changed for a period of two years after the date of final approval.
If the developer has followed the standards prescribed for final approval,
the Board may extend such period of protection for extensions of one
year but not to exceed three extensions. Notwithstanding any other
provisions of N.J.S.A. 40:55D-1 et seq., the granting of final approval
terminates the time period of the rights conferred by preliminary
approval for the section granted final approval.
(2)
In the case of a site plan for a planned unit development or
planned unit residential development or residential cluster of 50
acres or more or site plan for 150 acres or more, the Board may grant
rights for such period of time longer than two years as shall be determined
by the Board to be reasonable, taking into consideration: (1) the
number of dwelling units and nonresidential floor area permissible
under final approval; (2) economic conditions; and (3) the comprehensiveness
of the development. The developer may apply for thereafter, and the
Board may thereafter grant, an extension of final approval for such
additional period of time as shall be determined by the Board to be
reasonable; taking into consideration: (1) the number of dwelling
units and nonresidential floor area permissible under final approval;
(2) the number of dwelling units and nonresidential floor area remaining
to be developed; (3) economic conditions; and (4) the comprehensiveness
of the development.
(3)
Final approval will expire two years from the date of passage
of the resolution of final approval if during that time all conditions
provided for in the resolution of approval have not been fully complied
with, performance guarantees posted, and the plans signed by the appropriate
officials. The Planning Board may, for good cause shown, extend this
time period.
H.
Combined preliminary and final major site plan approval. An applicant
may request and the Planning Board or Board of Adjustment may consent
to accept an application for development for combined preliminary
and final major site plan approval, provided that:
(1)
The proposed development is not to be constructed in sections
or stages.
(2)
The applicant pays the application fees and provides all submissions
required for both preliminary and final applications.
(3)
Any notice of hearing requirements applicable to the preliminary
plat stage are complied with.
(4)
The applicant consents to the time limits for action by the
Board to be the greater of the limits set for either preliminary or
final approval.
(5)
The Board is satisfied that the scope of the project is not
so large nor so complex as to require the additional review time which
separate applications would provide. Any approval granted by the Board
on such combined application shall confer upon the applicant all the
rights set forth in this section for final approval.
The Planning Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the Administrative Officer, or within such further time as may be consented to by the applicant. The review by the Planning Board of a conditional use may also include subdivision and/or site plan review and all plat requirements listed in §§ 540-407 through 540-413 of this chapter. The time period for approval by the Planning Board of conditional uses shall apply to such subdivision and/or site plan review.
Whenever an application for approval of a subdivision plat,
site plan, or conditional use includes a request for relief pursuant
to N.J.S.A. 40:55D-60 and § 450-301I(9) of this chapter,
the Planning Board shall grant or deny approval of the application
within 120 days after submission by a developer of a complete application
to the Administrative Officer (Township Planner) or within such further
time as may be consented to by the applicant. Application for variance,
conditional uses and/or directive for issuance of a building permit
shall be heard by the Board in conjunction with the hearing on a minor
subdivision, minor site plan, preliminary subdivision plat, or preliminary
site plan.
A.
An applicant may claim approval of his application for development
by reason of the failure of the Board to act within the time period
prescribed by complying with the following provisions:
(1)
The
applicant shall provide notice of the default approval to the Municipal
Agency and to all those entitled to notice by personal service or
certified mail of the hearing on the application for development;
but for purposes of determining who is entitled to notice, the hearing
on the application for development shall be deemed to have required
public notice pursuant to N.J.S.A. 40:55D-12.
(2)
The applicant shall arrange publication of a notice of the default
approval in the official newspaper of the Township, if there be one,
or in a newspaper of general circulation in the Township.
(3)
The applicant shall file an affidavit of proof of service and
publication with the Administrative Officer (Planning Board Secretary
or Board of Adjustment Secretary).
B.
Upon satisfaction of these requirements by the applicant, the Administrative
Officer (Planning Board Secretary or Board of Adjustment Secretary)
shall issue a certificate of default approval and it shall be sufficient
in lieu of the written endorsement or other evidence of approval,
herein required, and shall be so accepted by the County Recording
Officer for purposes of filing subdivision plats.
A.
Prior to the signing of a final plat, issuance of a development permit,
and/or the commencing of any clearing, grading or installation of
improvements, the developer shall have filed with the Township a performance
guarantee.
(1)
The guarantee shall be in favor of the Township in an amount
not to exceed 120% of the cost of installation as determined by the
Township Engineer according to the method of calculation set forth
in N.J.S.A. 40:55D-53.4, for improvements which the approving authority
may deem necessary to protect adjacent property and the public interest
in the event that the development is not completed. Such improvements
shall include, but are not limited to, grading, pavement, surveyor's
monuments as shown on the final map and required by the Map Filing
Law, N.J.S.A. 46:23-9.9 et seq.,[1] drainage facilities necessary to protect off-tract areas
from flooding, erosion and sedimentation control facilities, streets,
curbs, gutters, culverts, storm sewers, sanitary sewers or other means
of sewage disposal, water mains, sidewalks, streetlighting, shade
trees, public improvements of open space, and in the case of site
plans only, other on-site improvements and landscaping. The applicant
shall provide preliminary estimated types and quantities of improvements
to be reviewed and verified by the Township Engineer. The Township
Engineer shall prepare an itemized cost estimate of the improvements
covered by the performance guarantee, which itemized cost estimate
shall be appended to each performance guarantee posted by the obligor.
[1]
Editor's Note: See now N.J.S.A. 46:26B-1 et seq.
(2)
Such guarantee shall assure the installation of such improvements
on or before an agreed date, guarantee the completion of all improvements
without damage to or interference with adjacent properties or public
facilities, and hold the Township Committee and the Municipal Agency
and their employees and agents harmless with respect to any acts of
the developer, its agents, successors, or assigns.
(3)
The total cost of the installation of improvements shall be
estimated by the Township Engineer based upon documented construction
costs for public improvements prevailing in the general area of the
Township, which would prevail upon expiration of the guarantee period,
and shall also include appropriate allowances for contract-related
costs, such as engineering, legal, financial and other usual costs,
which shall be estimated to be 20% of the estimated contract construction
costs. (The performance guarantee equals 120% of the cost of improvement
installation.) The developer may appeal the Township Engineer's estimate
to the Township Committee. The Township Committee shall decide the
appeal within 45 days of receipt of the appeal in writing by the Township
Clerk. After the developer posts a guarantee with the Township based
on the cost of the installation of improvements as determined by the
Township Committee, he may institute legal action within one year
of the posting in order to preserve the right to a judicial determination
as to the fairness and reasonableness of the amount of the guarantee.
(4)
Such performance guarantee may be in the form of cash, certified
check, negotiable securities, a performance bond issued by a bonding
company, an irrevocable letter of credit or any other type of surety
acceptable to and approved by the Township Committee and in a form
acceptable to the Township Attorney. Ten percent of the performance
guarantee shall be in the form of cash or certified check drawn on
an insured banking institution in the State of New Jersey; provided,
however, that all rights to said 10% portion, including the right
to interest with dividends, shall be assigned to the Township in a
form of assignment acceptable to the Township Attorney for a period
of the bond, and that the principal amount, without interest, shall
be returned to the developer upon completion of the bonded improvements,
or in the event of default, any interest and principal shall be used
by and for the benefit of the Township in the completion of said improvements.
A developer may provide, at his option, more than 10% of the performance
guarantee in cash.
B.
The Township Committee shall accept a performance guarantee or maintenance
guarantee which is an irrevocable letter of credit if it:
(1)
Constitutes an unconditional payment obligation of the issuer
running solely to the Township for an express initial period of time
in the amount determined pursuant to this section and N.J.S.A. 40:55D-53;
(2)
Is issued by a banking or savings institution authorized to
do so and doing business in the State of New Jersey;
(3)
Is for a period of time of at least one year; and
(4)
Permits the Township to draw upon the letter of credit if the
obligor fails to furnish another letter of credit which complies with
the provisions of this subsection 30 days or more in advance of the
expiration date of the letter of credit or such longer period in advance
thereof as is stated in the letter of credit.
C.
In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed or the improvements
are covered by a performance guarantee to another governmental agency,
no performance guarantee shall be required by the municipality for
such utilities or improvements. If, at the time the performance guarantee
is filed with the Township, the developer has not also filed with
the Township proof that any other performance guaranties have been
filed and accepted by governmental bodies, authorities, public utility
companies and private utility companies, other than the Township,
which have jurisdiction over improvements in the site or subdivision,
the amount of the performance guarantee shall be increased to reflect
the cost of such improvements.
D.
All performance guarantees shall run to and be in favor of the Township
of Middletown in the County of Monmouth.
E.
The performance guarantee shall be approved by the Township Attorney
as to form, sufficiency and execution and shall be subject to the
following conditions:
(1)
Such performance guarantee shall run for a period to be fixed by the Township Committee, but in no case for a term longer than the period of final approval (normally two years) set by N.J.S.A. 40:55D-1 et seq. and/or § 540-412G of this chapter or for the installation of all or any portion of the improvements, whichever is shorter.
(2)
The time allowed for installation of improvements for which the performance guarantee has been provided may be extended by resolution of the Township Committee, provided that, if required, the period of final approval has been extended by the Municipal Agency in accordance with N.J.S.A. 40:55D-1 et seq. and/or §§ 540-412G and 540-413G of this chapter and, provided further, that:
(a)
Such extension shall not exceed one year;
(b)
There shall not be more than three such extensions; and
(c)
As a condition or as part of any such extension, the amount
of any performance guarantee shall be increased or reduced, as the
case may be, to an amount not to exceed 120% of the cost of the installation
of all uncompleted improvements determined by the Township Engineer
according to the method of calculation set forth in N.J.S.A. 40:55D-53.4
as of the time of the passage of the resolution.
(d)
As a condition or as part of any such extension, the amount
of inspection fees may be increased to cover the additional cost to
the Township for the delay in completion of the improvements as determined
by the Township Engineer if the balance of the original inspection
fee is deemed by the Township Engineer to be insufficient. The developer
shall pay the additional fee of 5% of the cost of remaining items
to be inspected based on an estimate prepared by the Township Engineer.
Any of these additional inspection fees remaining after the approval
of 100% of the improvements shall be refunded to the developer.
(3)
If the required improvements are not completed or corrected
in accordance with the performance guarantee, the obligor and surety,
if any, shall be liable thereon to the Township for the reasonable
cost of the improvements not completed or corrected, and the Township
may either, prior to or after the receipt of the proceeds thereof,
complete such improvements. Such completion or correction of improvements
shall be subject to the public bidding requirements of the Local Public
Contracts Law, N.J.S.A. 40A:11-1 et seq.
F.
If, during the period of the performance guarantee, the developer
fails to prosecute the work of completing the improvements so as not
to create hazards to life, health, property or public safety, the
Township may, after five days' notice, perform, or cause to be performed,
any necessary corrective work and deduct the cost thereof from the
10% cash or certified check portion of the guarantee. Upon notice
of any such deduction, the developer shall, within 10 days, restore
the full 10% cash balance or his performance guarantee will be held
to be void and the Township may take action as if final plat approval
had not been obtained.
G.
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements and the connection of same to the public system, the obligor may request of the Township Committee in writing, by certified mail addressed in care of the Township Clerk that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A(1) above, a list of all uncompleted or unsatisfactorily completed improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon, the Township Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Township Committee, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request. The list prepared by the Township Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each improvement determined to be complete and satisfactory, together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A(1) above.
H.
Review by Township Committee.
(1)
The Township Committee, by resolution, shall either approve the improvements, determined to be complete and satisfactory by the Township Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee, pursuant to Subsection A(1) above. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Committee, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements.
(2)
If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection G above, within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Township Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party. If the Township Committee fails to approve or reject the improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable, complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A(1) above; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(3)
In the event that the obligor has made a cash deposit with the
Township as part of the performance guarantee, then any partial reduction
granted in the performance guarantee pursuant to this section shall
be applied to the cash deposit in the same proportion as the original
cash deposit bears to the full amount of the performance guarantee.
I.
If any portion of the required improvements is rejected, the Township
Committee may require the obligor to complete or correct such improvements
and, upon such completion or correction, the same procedure of notification,
as set forth in this section, shall be followed.
J.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
Township Committee or the Township Engineer.
K.
The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements set forth in § 540-313 of this chapter.
L.
In the event that final approval is by stages or sections of development
pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-38, Subsection
a., the provisions of this section shall be applied by such stage
or section.
A.
Duties of Township Engineer, Township Attorney, and Township Clerk.
No performance guarantees shall be presented for approval of the Township
until the municipal officials listed below have performed the following
and have made certification of their performance, in writing, to the
Township Committee.
(1)
Township Engineer. The Township Engineer shall:
(a)
Where applicable, examine the plat map of a subdivision to make
certain that it complies with all state laws and this chapter relative
to the preparation and filing of maps or plans for the subdivision
of land.
(b)
Determine those acts or things the applicant is to do to protect
the Township, such as to provide proper drainage, streets, curbs,
signs, monuments or any other item or thing and the cost of each,
as well as the maximum time he recommends granting the applicant to
provide each item or all items; also, advise the applicant of the
amount required to pay the Township as a proper inspection, testing
and administration fee.
(2)
Township Clerk. The Township Clerk shall:
(a)
Ascertain that the plat of a site plan or subdivision has been
approved by the Monmouth County Planning Board and the Township Planning
Board or Board of Adjustment.
(b)
Determine if the landowner is an individual, corporation, or
partnership; if an individual, his full name and address; if a corporation,
its correct name, date, and state of incorporation, the name of its
president and secretary and location of its principal office in this
state; if a partnership, the names and addresses of all partners.
(c)
Give the applicant a form of the surety company bond required by the Township, and all figures, dates, and detail required by § 540-417 above so the same may be included in the bond to be furnished to the Township.
(e)
The Township Engineer's certificate shall also state and give
the nature of cash, or its equivalent, deposited as a portion or all
of the performance guarantee (i.e., cash, certified check, cash escrow
deposit, or other security).
(3)
Township Attorney.
(a)
Upon receipt from the Township Clerk of the surety bond and
the Engineer's certificate, the Township Attorney shall promptly examine
said bond and determine whether or not it is correct in form, content
and execution. If the bond is not correct, the Township Attorney shall
directly notify the applicant of its shortcomings.
(b)
When the bond is or has been made correct, the Township Attorney
shall make a written certificate to that effect to the Township Committee.
Thereupon, said Attorney shall deliver the bond and Engineer's and
Attorney's certificates to the Township Clerk.
(4)
Township Clerk. Upon the receipt from the Township Attorney
of the bond and certificates of the Engineer and Attorney, the Township
Clerk shall:
(a)
Collect from the applicant the proper fee or fees, if any, payable
to the Township in accordance with the Engineer's certificate.
(b)
Place the matter of approval of bond(s) on the agenda of the
next regular meeting of the Township Committee for its consideration.
(c)
Submit the bond, certificate and fees to the Township Committee
at the next regular meeting of said Committee.
B.
Certificates: form, dating. Each of said certificates shall be dated
and written in letter form upon the stationery of the maker or of
the Township and signed by him or his authorized agent or representative.
C.
Bond requirements. There must be attached to said bond an authority
of the surety company empowering the person or persons who executed
said bond for the surety company to do so. If the bonding company
is not a New Jersey corporation, there should also be attached to
the bond proof of its authority to do business in New Jersey and a
copy of its last financial statement, made not more than one year
before, showing its financial condition. If the principal on the bond
is a corporation, there must be attached to the bond a certified copy
of a resolution adopted by its Board of Directors authorizing the
execution and delivery of said bond. Said bond must also bear the
corporate seal of the surety company and the seal, corporate or otherwise,
of the principal.
D.
Copies. The Township Clerk and Administrative Officer (Township Planner)
shall keep a supply of copies of these bond requirements in his office
for the use of applicants and the general public.
A.
General requirements. Where the Municipal Agency determines that
off-tract improvements are necessary for the proper development and
utilizing of the proposed site or subdivision and the surrounding
area, it may require either: that such off-tract improvements be installed;
or that the developer contribute to the installation of such off-tract
improvements. Where the Municipal Agency has determined that off-tract
improvements are required, it shall be a condition of the granting
of final approval that such improvements be constructed or that the
developer shall make payments toward the ultimate installation of
off-tract improvements such as, but not limited to, streets, curbs
and gutters, sidewalks, water mains, sanitary sewers, storm sewers
and culverts, monuments and streetlights, all in accordance with the
specifications governing on-tract improvements.
B.
Cost allocation. If the Municipal Agency determines that the developer
may contribute toward required off-tract improvements in lieu of such
improvements being installed, the Municipal Agency shall allocate
the cost of same off-tract improvements in accordance with the standards
hereinafter set forth. The improvement of a stream and/or widening
of, or the construction of drainage or other improvements in, a street
or road fronting on the tract to be subdivided and/or developed shall
not constitute an off-tract improvement, and the cost of said improvement
shall not be allocated.
(1)
The allocation of the cost of off-tract improvements shall be
determined in accordance with the following:
(a)
The Municipal Agency may consider the total cost of the off-tract
improvements, the benefits conferred upon the site or subdivision,
the needs created by the site or subdivision, population and land
use projects for the general areas of the site or subdivision and
other areas to be served by the off-tract improvements, the estimated
times of construction of off-tract improvements and the condition
of periods of usefulness, which periods may be based upon the criteria
of the Local Bond Law, N.J.S.A. 40A:2-22. The Municipal Agency may
further consider the criteria set forth below.
(b)
Road, curb, gutter, and sidewalk improvements may be based upon
the anticipated increase of traffic generated by the site or subdivision.
In determining such traffic increase, the Municipal Agency may consider
traffic counts, existing and projected traffic patterns, quality of
roads and sidewalks in the area, and other factors related to the
need created by the site or subdivision and anticipated thereto.
(c)
Drainage facilities may be based upon the percentage relationship
between the site or subdivision acreage and the acreage of the total
drainage basins involved or upon calculations developing the percentage
contribution that the storm runoff from a particular site or subdivision
bears to the total design capacity of any improvement, the particular
methods to be selected in each instance by the Township Engineer.
(d)
Water supply and distribution facilities and sewage facilities
shall be based upon a proportion as determined by the current rules
and regulations or procedures of the Middletown Township Public Utilities
Department.
(2)
All monies 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 improvements
serving the same purposes, unless such improvements are not initiated
for a period of five years from the date of payment, after which time
said funds shall be transferred to the capital improvement fund of
the municipality.
(3)
The apportionment of costs shall be determined by the Municipal
Agency. The developer shall be afforded an opportunity before said
Board to present evidence relative thereto.
C.
Assessment not precluded. Nothing in this section of the chapter
shall preclude the municipality from assessing any property benefiting
from installation of any off-tract improvements as provided in this
section pursuant to the provisions of the Revised Statutes of New
Jersey, an allowance being made to the respective parcels of realty
for payments herein.
A.
Before any developer effectively assigns any of his interest in any
preliminary or final approval, he must notify the Administrative Officer
and supply detailed information with regard to the name, address,
principals, type of organization, competency, experience, and past
performance of the assignee, transferee, or agent. Notice of such
assignments or transfer shall be given no later than 10 days after
its effective date.
B.
The assignee must be made acquainted with all the conditions of approval
and developer shall so certify.
A.
No contractor, builder, developer or subcontractor shall engage any
personnel in any of the work on constructing any improvements unless
they are continually supervised by a competent supervisor acceptable
to the Township Engineer.
B.
No less than five days prior to commencing construction of any improvements
on the site, the developer or his agent shall provide the Township
Engineer with the names, addresses, phone numbers and emergency phone
numbers of the subdivider and/or a representative empowered to act
for the developer and/or each contractor and their supervisor in charge
of the construction, setting forth the aspect of construction for
which each is responsible.
C.
The developer may retain throughout the course of construction a
registered New Jersey professional engineer to supervise the implementation
of the approved subdivision or site design and to make periodic reports
to the Township as well as to the developer regarding conformance
of the construction with the requirements of final approval.
D.
If the developer proposes to retain someone other than the engineer
who prepared the final plat to supervise construction, he shall notify
the Township Engineer and the Administrative Officer (Township Planner)
of the name, address and license number of the engineer retained.
If at any time during the course of construction, the developer elects
or is required to replace the responsible engineer and/or employ additional
engineers, he shall likewise notify the Township Engineer and the
Administrative Officer.
E.
The supervising engineer shall immediately notify the Township Engineer
of any deviation (observed or proposed) from the requirements of final
approval and/or this chapter.
F.
At regular intervals during the course of construction, but not less
often than at monthly intervals, the supervising engineer shall submit
to the Township Engineer a report listing his observations of the
work undertaken during the reporting period, specifically noting any
deviation from the requirements of final approval and/or this chapter
and listing those improvements expected to be undertaken during the
next reporting period. The developer shall accompany any request for
acceptance of public improvements and/or release of performance guarantees
with a certification by the responsible engineer attesting to the
completion of the improvements in full conformance with the requirements
of final approval and this chapter and/or specifically noting any
deviation therefrom.
A.
Inspection, testing and engineering administration fees. Prior to signing of any final plat, issuance of a development permit or the start of construction of any improvements required by the provisions of this chapter, the developer shall deposit with the Township Clerk the appropriate amount determined from § 540-313, Fees. Said testing, engineering, administration, and other costs, and fees paid by the Township in connection with the inspection and acceptance of the installation of the required improvements. All monies received on account of engineering and inspection fees shall be deposited by the Township Treasurer in an appropriate account. The Township shall arrange for the Township Engineer, the appropriate municipal officials or other qualified persons to provide all necessary administrative and engineering services.
B.
Inspection notice. All required improvements except those utility improvements which are not the responsibility of the Township shall be subject to inspection and approval by the Township Engineer, who shall be notified by the developer at least five days prior to the initial start of construction and again 24 hours prior to the resumption of work after any idle period exceeding one working day. All of the utility improvements shall be subject to inspection and approval by the owner of or agency controlling the utility, who shall be notified by the developer in accordance with the utilities' requirements. No underground installation shall be covered until it is inspected and approved by the owner of or agency controlling the utility or by the Township Engineer in all other cases. With respect to landscaping, inspection and approval notification shall be given by the developer to the Township Engineer pursuant to § 540-622E(8).[1]
C.
Modification of improvements. Any time, whether as a result of his
inspection of work underway or otherwise, the Township Engineer may
recommend that the developer be required to modify the design and
extent of the improvements required, notifying the Municipal Agency
of his recommendations. The Municipal Agency shall, if it considers
such modifications to be major, or if requested by the developer or
Township Engineer, take formal action to approve or disapprove such
recommendations; provided, however, that it must first afford the
developer an opportunity to be heard. If the Agency takes no formal
action within 30 days of such recommendations, or where the developer
has not requested formal Municipal Agency action, its approval will
be assumed. Similarly, the Municipal Agency may grant or deny the
developer permission to effect such modification upon his application
and the Township Engineer's approval. In either event, where such
modification is to be effected, the appropriate plat must be revised
by the developer or his engineer to reflect such modification and
sufficient copies thereof submitted to the Administrative Officer
(Township Planner) for distribution.
D.
General inspection requirements. All improvements, except as otherwise
provided, shall be subject to inspection and approval by the Township
Engineer. No underground installation shall be covered until inspection
and approved by the Township Engineer or those agencies having jurisdiction
over the particular installation. If such installation is covered
prior to inspection, it shall be uncovered or other inspection means
used, such as a television or other pipeline camera as may be deemed
necessary by the Township Engineer, and charges for such work will
be paid for by the developer.
E.
Inspection not acceptance. Inspection of any work by the Township
Engineer, or his authorized representative, shall not be considered
to be final approval or rejection of the work, but shall only be considered
to be a determination of whether or not the specific work involved
was being done to Township specifications or other required standards
at the time of inspection. Any damage to such work or other unforeseen
circumstances such as the effect of the weather, other construction,
changing conditions, settlement, etc. between the time of installation
and the time that the developer wishes to be released from his performance
guaranty, shall be the full responsibility of the developer, and no
work shall be considered accepted until release of the performance
guaranty.
F.
Payment to contractors.
(1)
No developer shall enter into any contract requiring the Township
Committee, the Township Engineer, or any of their agents, employees
or other representatives to make any declaration, written or otherwise,
as a condition of payment of said developer to a contractor as to
the acceptance or rejection of the work.
(2)
Neither the Township Committee, Township Engineer, nor any of
their agents, employees, or representatives shall make any such declaration.
G.
Procedure on acceptance of public improvements. When the developer
has constructed and installed the streets, drainage facilities, curbs,
sidewalks, street signs, monuments and other improvements in accordance
with Township regulations, standards and specifications, and desires
the Township to accept the said improvements, he shall, in writing,
addressed to and in a form approved by the Township Committee, with
copies thereof to the Township Engineer, request the Township Engineer
to make a semi-final inspection of said improvements. If the improvements
have been constructed under a performance guaranty after approval
of a final plat, the developer shall submit an as-built plan showing
as-built grades, profiles and sections and locations of all subsurface
utilities such as French drains, combination drains, sanitary sewage
disposal systems, both public and individual water lines, and control
valves, gas lines, telephone conduits, monuments, iron property markers,
and any other utility or improvements installed other than as shown
on the approved final plat. Said as-built plan shall be certified
to by a licensed New Jersey professional engineer. If any improvements
are constructed prior to final plat approval, the final plat shall
reflect all changes and as-built conditions and be so certified. Said
as-built plan shall be certified to by a licensed New Jersey professional
engineer. If any improvements are constructed prior to final plat
approval, the final plat shall reflect all changes and as-built conditions
and be so certified. Said as-built plan(s) shall be submitted on reproducible
media.
A.
It shall be the responsibility of the developer to maintain the entire
site or subdivision in a safe and orderly condition during construction.
Necessary steps shall be taken by the developer to protect occupants
of the site or subdivision and the general public from hazardous and
unsightly conditions during the entire construction period. These
steps shall include, but are not limited to the following:
(1)
Open excavations shall be enclosed by fencing or barricades
during nonconstruction hours. Moveable barricades shall be equipped
with yellow flashing hazard markers or other lighting during the hours
of darkness.
(2)
The excavation of previously installed sidewalk and pavement
areas which provide access to occupied buildings in the site or subdivision
shall be clearly marked with signs and barricades. Alternate safe
access shall be provided for pedestrians and vehicles to the occupied
buildings.
(3)
Materials stored on the site shall be screened from the view
of occupants of the subdivision or site and adjoining street and properties.
(4)
Construction equipment, materials, and trucks shall not be stored
within 150 feet of occupied buildings in the site or subdivision and
adjoining streets and properties during nonconstruction hours.
(5)
Safe vehicular and pedestrian access to occupied buildings in
the site or subdivision shall be provided at all times.
(6)
Construction activities which create obnoxious and unnecessary
dust, fumes, odors, smoke, vibrations, or glare noticeable in occupied
buildings in the subdivision or site and adjoining properties and
streets shall not be permitted.
(7)
Construction activities which will result in damage to trees
and landscaping in occupied buildings in the site or subdivision or
adjoining properties shall not be permitted. Trees and shrubs to be
retained shall be protected at the dripline with erection of protected
snow fencing.
(8)
All locations and activities in the site or subdivision which
present potential hazards shall be marked with signs indicating the
potential hazard.
(9)
Unsightly construction debris, including scrap materials, cartons,
boxes and wrappings must be removed daily at the end of each working
day.
(10)
Whenever construction activities take place within or adjacent
to any traveled way, or, interfere with existing traffic patterns
in any manner, suitable warning signs, conforming to the requirements
of the Uniform Manual on Traffic Control Devices, will be erected
and maintained by the developer.
B.
Should the developer fail in his obligation to maintain the site
or subdivision in a safe and orderly condition, the Township may,
on five days' written notice or immediately in the case of hazard
to life, health or property, undertake whatever work may be necessary
to return the site or subdivision to a safe and orderly condition
and deduct the cost thereof from the 10% cash or certified check portion
of the performance guaranty. Upon notice of such deduction, the developer
shall, within 10 days, restore the full 10% cash balance or his performance
guaranty will be held to be void and the Township may take action
as if final plat approval had not been obtained.
C.
The Construction Official shall, upon receiving notice from the Township
Engineer that a developer is in violation of this section, suspend
further issuance of certificates of occupancy and building permits
and may order cessation of work on any outstanding permits.
A.
No permanent certificate of occupancy shall be issued for any use
or building until all required improvements are installed and approved
by the Township Engineer or other appropriate authority.
B.
No temporary certificate of occupancy shall be issued for any use
or building involving the installation of utilities or street improvements,
parking areas, buffer areas, storm drainage facilities, other site
improvements, the alteration of the existing grade on a lot or the
utilization of a new on-site well or sanitary disposal system unless
the Township Engineer or other appropriate, authority shall have,
where applicable, certified to the following:
(1)
Utilities and drainage. All utilities, including but not limited
to water, gas, storm drains, sanitary sewers, electric lines and telephone
lines, shall have been properly installed and service to the lot,
building or use from such utilities shall be available.
(2)
Street rights-of-way. All street rights-of-way necessary to
provide access to the lot, building or use in question shall have
been completely graded and all slope-retaining devices or slope planting
shall have been installed.
(3)
Sidewalks. All sidewalks necessary to provide access to the
lot, building or use in questions shall have been properly installed.
(4)
Streets, curbing, and the bituminous base course of bituminous
concrete streets or the curbing and pavement course for portland cement
concrete streets necessary to provide access to the proposed lot,
building or use shall have been properly installed.
(5)
Curbing and parking areas. Curbing and the bituminous base course
of parking areas necessary to provide access to the required number
of parking spaces for the building or use in question shall have been
properly installed.
(6)
Obstructions. All exposed obstructions in parking areas, access
drives or streets such as manhole frames, water boxes, gas boxes and
the like shall be protected by building to the top of such exposures
with bituminous concrete as directed by the Township Engineer.
(7)
Screening, fences, and landscaping. All required screening,
fencing and/or landscaping related to the lot, building or use in
question shall have been properly installed unless the Township Engineer
shall direct the developer to delay the planting of screening and
landscaping until the next planting season in order to improve the
chances of survival of such plantings.
(8)
Site grading. All site grading necessary to permit proper surface
drainage and prevent erosion of soils shall have been completed in
accordance with the approved soil disturbance plans.
(11)
Public water supply. Where the proposed lot, building or use
is served by a public water supply, said supply shall have been installed
and tested and all required fire hydrants or fire connections shall
have been installed and tested and approved.
(12)
Lighting. All outdoor lighting shall have been installed and
shall be operational.
(13)
Street signs and traffic control devices. All street signs,
paint lining and/or traffic control devices affecting the proposed
lot, building, or use, and required under the terms of approval of
a subdivision or site plan or by federal, state, county, or municipal
rules, regulations, or laws, shall have been installed.
(14)
Performance guarantee. The Engineer shall have received a statement
signed by the developer and any entity providing any performance guarantee,
which contains language identical or similar to the following: "The
issuance of any certificate of occupancy (temporary or permanent)
shall not be a basis for any claimed reduction in any performance
guarantee."
(15)
A foundation location and final "as-built" surveys shall have
been submitted and approved.
[Amended 6-19-2006 by Ord. No. 2006-2879]
(16)
Other. Any other conditions established for issuance of a certificate
of occupancy by the Municipal Agency as a condition of final site
plan approval shall be complied with.
[Amended 6-19-2006 by Ord. No. 2006-2879]
C.
Temporary certificates of occupancy shall be issued for a specified
period of time, not to exceed one year, and the applicant shall post
a cash guarantee with the Township in an amount equal to the cost,
to the Township, of constructing all uncompleted improvements, prior
to the issuance of any such temporary certificate of occupancy. All
improvements shall be completed within three months after 85% occupancy
of the project as determined by the Township Engineer.
A maintenance guarantee shall be furnished by the developer upon release of the performance guarantee, acceptance of public improvements by the Township Committee and/or approval of site improvements by the Township Engineer. The developer may elect to furnish such maintenance guarantees either by maintaining on deposit with the Township the 10% cash or certified check portion of the performance guarantee provided in accordance with § 540-417 of this article or by a bond issued by a bonding company or surety company, or other type of surety acceptable to and approved by the Township Attorney and Township Committee in an amount equal to 15% of the total cost of improvements provided in accordance with § 540-417 of this article. An irrevocable letter of credit shall be accepted by the Township under the provisions set forth under § 540-417 of this article. The maintenance guarantee shall begin with the release of the performance guarantee and shall run for a period of two years. The maintenance guarantee shall be to the effect that the applicant, developer, owner or user guarantees the complete maintenance of all improvements for a period of two years from the release of his performance guarantee. Should he fail in his obligation to properly maintain all improvements, the Township may, on 10 days' written notice or immediately in the case of hazard to life, health or property, proceed with necessary repair or replacement of any unacceptable improvements and charge the cost thereof against the guarantee. At the end of the maintenance guarantee, the cash or certified check on deposit will be returned to the subdivider less any sums, properly documented by the Township, which has been expended to repair or replace any unsatisfactory improvements. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a maintenance guarantee to another governmental agency, no maintenance guarantee shall be required by the municipality for such utilities or improvements.
