[HISTORY: Adopted by the Board of Commissioners of the Borough
of Mount Ephraim 7-11-1978 by Ord.
No. 393 (Ch. 80 of the 1973 Borough Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 127.
Sewers and sewage disposal — See Ch. 330.
Streets, sidewalks and driveway aprons — See Ch. 369.
Flood damage prevention — See Ch. 459.
Land use procedures — See Ch. 470.
Soil removal — See Ch. 504.
Stormwater control — See Ch. 512.
Subdivision of land — See Ch. 518.
Zoning — See Ch. 525.
In order to protect and preserve the road network of the Borough,
ensure the movement of traffic, promote the development of a well-ordered
community, further the Comprehensive Planning and best serve the interests
of public health, safety and general welfare, the Joint Land Use Board
shall review all building projects prior to the issuance of a building
permit other than those for a single-family home, pursuant to the
following procedures.
[Added 11-3-2016 by Ord.
No. 14-16]
As used in this chapter, the following terms shall have the
meanings indicated:
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
screening devices; and
Any other information that may be reasonably required in order
to make an informed determination in accordance with the requirements
of this chapter.
Any development plan that does not qualify as a minor site
plan as same is defined in this chapter.
A development plan of one or more lots which:
Proposes new development within the scope of development specifically set forth in § 495-5B of this chapter as a minor site plan;
Does not involve planned development, any new street or extension
of any off-tract improvement which is to be prorated pursuant to Section
42 the Municipal Land Use Law;[1] and
Contains the information reasonably required in order to make
an informed determination in accordance with the requirements of this
chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Added 11-3-2016 by Ord.
No. 14-16]
A.
Subject to the presubmission conference with the Zoning Officer required by § 495-4, and the waiver provisions set forth in this section, site plan approval shall be required for the following:
(1)
Prior
to the issuance of any permit by the Construction Officer or the Zoning
Officer for the excavation, construction, renovation, alteration or
expansion of any building, structure or regulated use within the Borough
where the proposed building, structure or use affects site lighting,
drainage, parking or parking requirements, internal traffic circulation,
disturbance of existing buffering or access to a street or highway
in any zone;
(2)
Upon
a change from a residential use to a nonresidential use;
(3)
Upon
a change from one nonresidential use to a different nonresidential
use even if no new construction is planned;
(4)
Where
the existing parking spaces are less than the number required by this
Code for the proposed use; and
(5)
Where
site plan approval is explicitly required by any other section or
chapter of this Code.
B.
Notwithstanding the requirements of § 495-3A of this chapter, site plan approval is not required for the following:
(1)
Upon
application for building permits for individual lot applications involving
only detached one- or two-dwelling unit buildings; or
(2)
Upon
change of ownership of a property or change of ownership of a commercial
use thereon so long as such change of ownership does not result in
a change of use for which site plan is otherwise required by this
section.
C.
A major
site plan application shall be considered in two stages, preliminary
and final approval; provided, however, that at the discretion of the
Joint Land Use Board upon recommendation from its professionals, both
stages may be considered in one hearing in lieu of requiring separate
hearings for each. A minor site plan application shall be in one
stage rather than requiring preliminary and final approval.
D.
The Joint
Land Use Board may grant a waiver from the requirement to obtain a
minor site plan approval pursuant to this chapter if the applicant
demonstrates to the satisfaction of the Board and its professionals
that the applicant will comply with the intent, purpose and policies
of the Borough of Mount Ephraim Master Plan and Zoning Code and the
Borough of Mount Ephraim land use/development regulations; and that
the proposed development will not have any significant impact on adjoining
properties; and/or that literal enforcement of one or more provisions
of this chapter is impracticable or will exact an undue hardship because
of peculiar conditions pertaining to the land in question.
E.
No building
permit, certificate of occupancy or business license shall be issued,
nor shall occupancy occur, until the applicant first complies with
the requirements of this chapter and it is determined that all construction
and required improvements have been constructed in conformity with
the approved site plan therefor.
A.
Prior to
any preliminary plan submissions to the Joint Land Use Board, the
applicant shall meet with the Zoning Officer in order to gain a clear
understanding of all applicable regulations and to establish a workable
processing schedule. At the time of such meeting, the applicant shall
submit two copies of a sketch plan and a perimeter survey. In order
to determine if all zoning regulations will be met, the plan shall
be based on Tax Map information at the scale of not less than 50 feet
to the inch, showing the entire tract on one sheet, and exhibiting
adequate information to show the following:
(1)
Proper
zone for use, block and lot numbers and acreage.
(2)
Parking
area and planned number of spaces.
(3)
Building
coverage in square feet and as a percentage of the total area; acreage
to the nearest tenth of an acre.
(4)
Open
space and recreation concepts; proposed location and size of devoted
land area.
(5)
Height
of all proposed structures.
(6)
Density
(the number of dwellings per acre).
(7)
Yard
requirements as per zoning regulations.
(8)
Access
roads and internal roads.
(9)
Certification
of the accuracy of information by a licensed surveyor, engineer, planner
or architect.
(10)
Owner's,
developer's and architect's or engineer's name and address.
(11)
Plan
for preservation of natural features.
(12)
Topographic
and soil data.
B.
The Zoning Officer shall, within five days, make a determination as to whether the site and building plan submission conforms to all aspects of Chapter 525, Zoning, of the Code of the Borough of Mount Ephraim. If the plans do not conform to the provisions of Chapter 525, Zoning, in any respect, the Zoning Officer shall advise the applicant of same and further advise that a possible remedy for the applicant is a variance. Where a project is found to be in violation of any use provision of said chapter, the applicant shall be referred to the Joint Land Use Board for action.
C.
Where a plan submission is in conformance with all of the use provisions of Chapter 525, Zoning, the Zoning Officer shall return said plans to the developer with a letter indicating that the developer may make application for a preliminary site plan review by the Joint Land Use Board and its consultants.
A.
Minor site plan for multifamily residential projects of more than
two but less than five dwelling units.
(1)
The applicant shall submit 12 copies of a site plan and application
to the Joint Land Use Board Secretary, who shall schedule a date for
a public hearing on the application. All drawings shall be at a scale
of one inch equals 20 feet or less, showing the following:
(a)
Parking as proposed with construction details.
(b)
Building and impermeable surface coverage on the site as proposed.
(c)
Open space as proposed.
(d)
Density as proposed.
(e)
Side yards and buffers as proposed.
(f)
Access drives as proposed with construction details.
(g)
Front and rear yards as proposed.
(h)
Floor plan and elevations of the project at a scale of one inch
equals eight feet or less showing all sides of the proposed buildings.
(i)
Existing and proposed contours at two-foot intervals.
(j)
The names and addresses of all property owners within 200 feet
of the proposed project.
(k)
Architect's or engineer's seal.
(2)
Copies of said plans shall be transmitted by the Board Secretary
to the Borough Engineer and Planner for review. Said review shall
be completed within 15 days and a report shall be filed with the Board
Secretary.
(3)
Any applicant who submits plans for a project of less than five units
shall certify in a written notarized form that he has not developed
any contiguous parcels within the preceding three years.
(4)
In the event that the applicant has developed adjacent parcels within a three-year period, he shall be required to follow the procedure set forth in Subsection B below and the composite lands shall be treated as an extension of the existing project and reviewed in that fashion by the Joint Land Use Board.
(5)
The Board shall hold a public hearing on said application and shall
grant or deny preliminary site plan approval within 45 days of receipt
of a completed application or within such further time as may be consented
to by the applicant.
B.
Minor site plan for nonresidential uses. Except as otherwise provided in § 495-5A, an application that requires site plan review pursuant to this chapter shall be reviewed as a minor site plan, and shall be subject to the same submission, technical and/or review requirements set forth in § 495-5A, where the application meets the following criteria:
[Added 11-3-2016 by Ord.
No. 14-16]
(1)
The
proposed development does not require any additions in curb cuts;
(2)
New
or additional paving does not exceed more than 10% more than the existing
paved area;
(3)
A building
addition is less than 25% of the total usable floor area of the existing
building; and
(4)
The
proposed development requires disturbance of less than 5,000 square
feet of ground area.
C.
Major site plan for public, professional, commercial, industrial
and residential projects of five dwelling units or more. No public,
professional, commercial, industrial or other nonresidential use and
no multifamily dwelling, of more than four units, use shall be permitted,
nor shall any building permit or occupancy permit be issued for such
uses, until the following procedure has been complied with:
(1)
Optional concept discussion and preliminary environmental assessment.
(This procedure is recommended but not required.)
(a)
Any individual, partnership or corporation wishing to submit
plans to the Joint Land Use Board may submit to the Zoning Officer
five copies of a completed concept evaluation form together with five
concept sketches of the proposed project. These sketches should be
in sufficient detail and scale so as to allow the Zoning Officer and
the Joint Land Use Board to determine the applicant's intent.
(b)
Upon receipt of these documents, the Zoning Officer shall notify
the Secretary of the Joint Land Use Board who shall then schedule
a meeting of the Site Plan Review Committee within 30 days and notify
the applicant of the time and place for the meeting. At the time of
said meeting, the applicant may present and discuss his concept and
the Site Plan Review Committee shall offer its opinion as to whether
the project is appropriate to its surroundings and any recommended
changes, additions or deletions which might be appropriate.
(c)
In no way shall the opinions or recommendations of the Site
Plan Review Committee be binding upon the Joint Land Use Board, and
this fact is expressly called to the applicant's attention.
(2)
Preliminary plan submission.
(a)
The applicant shall prepare an environmental impact statement (EIS) as per § 495-20 of this chapter and preliminary plans at a scale of one inch equals 20 feet or less.
[Amended 4-6-2017 by Ord.
No. 02-17]
(b)
All site plans shall include the following information with
respect to the subject lot or lots and shall be clearly and legibly
drawn or reproduced having been designed and drawn by a licensed architect
or planner and shall comply with New Jersey law:
[1]
A key map, at a scale of one inch equals 2,000 feet, clearly
showing the location of the development within the Borough and in
relation to major streets, water bodies and political boundaries within
the area.
[2]
The development name, Tax Map sheet, block and lot numbers,
North arrow and graphic scale, reference meridian, United States Geological
Survey data and the following names and addresses:
[3]
Acreage of tract to the nearest tenth of an acre.
[4]
Contours at a two-foot interval maximum. Contours shall be referenced
to United States Geological Survey data, extending 200 feet beyond
the lot lines where possible and necessary.
[5]
The location of existing property lines, streets and street
rights-of-way within 500 feet of the tract and the following details
on the tract: buildings; watercourses and their extent, surface elevation,
depth and their floodplains; railroads and their rights-of-way; bridges;
culverts; drainpipes; easements; utility lines, both underground and
overhead; rock formations; wooded areas; isolated trees over five
inches in diameter; and other natural features.
[6]
Profiles and typical cross sections of existing streets abutting
the subdivision indicating type and width of pavement, curb location
and sidewalk and shade tree planting strip locations.
[7]
All existing elements including but not limited to sidewalks,
streets, paved areas, buildings, utilities, plant materials and drainage
lines that are to be removed and/or demolished shall be shown as part
of the preliminary submission.
(c)
The preliminary plans shall clearly and accurately show the
following which shall conform to the standards of this chapter and
of the county:
[1]
The location of all proposed property and building setback lines.
[2]
The location and proposed cross sections and center-line profiles
of all new streets and pedestrian ways including sidewalks, cartways,
street lines and planting areas.
[3]
Site location of all proposed buildings and parking lots and
elevations of proposed buildings.
[4]
The location and extent of the intended development; all easements,
open space, historic sites, floodplain and specific uses of recreation
areas including the extent and surface water elevation and depth of
all proposed lakes and ponds.
[5]
All proposed drainage structures are to be located and all other
information as required by the Borough relating to watercourses and
drainage ditches shall be included.
[6]
Plans for the preservation of all existing natural features.
[7]
Plans for modification, addition or any other alteration to
existing man-made features.
[8]
Legend indicating type of buildings, along with an architectural
elevation of each class of structure.
[9]
Location of all easements, fire hydrants, sizing of water mains, sanitary sewers, storm drains and groundwater, underdrains, complete design criteria and calculations shall be included; off-site conditions shall be covered; the provision for stormwater retention as described in Chapter 518, Subdivision of Land,[1] shall be complied with.
[10]
Proposed grading plan for the entire site.
[11]
A letter from the appropriate utilities authority indicating
its intention to provide water and sewer service for the project.
[12]
A delineation of all proposed sections including sequence and
timing of development covering all of the gross acres of the development.
[13]
Zoning, density, open space coverage by percentage, building
and paving coverage by percentage.
The Joint Land Use Board in considering any application for building design and site plan review shall have the right to waive any requirements of the sketch plan and perimeter survey set forth in § 495-4, the preliminary drawing set forth in § 495-5A and the preliminary site plans set forth in § 495-5C upon prior determination that the provisions waived were unnecessary to the consideration of the application or were unduly burdensome to the applicant when compared to their value to the Board.
The applicant shall submit 12 copies of said plans and site
plan application(s) to the Zoning Officer who shall then schedule
a meeting with the Borough's technical staff for plan review
and recommendations. The Zoning Officer shall simultaneously forward
copies of the site plan and application to the Secretary of the Joint
Land Use Board, the Borough Engineer, the Borough planning consultants
and the County Planning Board.[1]
[1]
Editor's Note: Original § 80-6, Fees; escrow fund, of the 1973 Borough Code and which immediately followed this section, consisted of Subsections A through C. At time of adoption of Code (see Ch. 1, General Provisions, Art. I), Subsection A, regarding fees accompanying site plan review applications, as amended 6-9-1988 by Ord. No. 537, was repealed, and Subsections B and C, regarding escrow funds, as amended, were relocated to Ch. 470, Art. III, Fees, of this Code.
The Borough Engineer, together with the Borough's architectural
and planning consultants, shall review each site plan application
in detail and submit a written report to the Joint Land Use Board
stating their findings and recommendations prior to action being taken
by the Board.
Upon receipt of complete plans and application, the Joint Land
Use Board Secretary shall schedule a public hearing on the application
by the Board.
A.
The Joint Land Use Board must render a decision, within 45 days of
receipt of a complete application, or within such further time as
may be consented to by the applicant, unless the proposed site plan
covers an area greater than 10 acres, in which case the Joint Land
Use Board must render a decision within 95 days, or within such further
time as may be consented to by the applicant, to either confirm or
deny preliminary plan approval. Such approval or denial shall be based
upon findings of facts and conclusions adopted by the Board which
shall be submitted to the applicant within 10 days of their adoption.
B.
Site plan approval must be granted by the County Planning Board prior
to any final plan approval.
A.
Upon receipt of preliminary approval by the appropriate Board, the
applicant shall revise the plan to reflect all conditions of approval
and it shall be reviewed for compliance by the Borough Engineer and
the Borough's planning consultants. The final plan shall be a
refinement of the preliminary plan and shall meet all of the requirements
thereof. These refinements shall include but not be limited to:
(1)
Tract boundary lines, right-of-way lines of streets, street names,
easements and other rights-of-way, land to be reserved or dedicated
to public use, all property lines with accurate dimensions, bearing
or deflection angles, radii, arcs and central angles of all curves.
(2)
Location and description of all monuments.
(3)
Any revision to the preliminary utility system shall be accompanied
by calculations and easements. All other items shall be covered by
the preliminary plan.
(4)
Location, size and elevations of curbs, parking lots, etc.
(5)
A landscape plan showing area and general types of existing and proposed
plantings.
B.
The following documentation shall accompany the final plan:
(1)
Certification from the Tax Collector that all taxes are paid to date
and that any local improvement assessments against the tract being
developed have been paid in full or that any local improvement assessments
have been paid to date.
(2)
Written report from the Borough Engineer stating:
(a)
That all improvements, as indicated on the final plan, are in
conformance with the proposals of the approved preliminary plan.
(b)
That he is in receipt of a plan of improvements showing all
utilities in exact location and elevation, identifying those to be
installed and that the applicant has complied with one or both of
the following:
[1]
Installed all improvements in accordance with the requirements
of these regulations.
(c)
That in those instances where improvements have been installed,
the Engineer has received proper as-built drawings.
(3)
Certification by the Borough Engineer of compliance with sediment
and erosion control methods.
(4)
Copies of all supplemental agreements between the applicant and any
and all agencies or bodies of the Borough shall be presented.
C.
Other conditions for approval are as follows:
(1)
When final approval is requested for an area which is less than the
full area for which tentative approval was given, the applicant shall
submit a key map at a scale of no less than one inch equals 200 feet
which clearly and accurately shows the entire development for which
tentative approval was granted, including all proposed streets and
property lines, and that portion for which final approval is being
requested.
(2)
Where the proposals for any required improvements differ from the
proposals shown on the preliminary plan, complete plans and profiles
with drawing revisions listed shall be submitted in sufficient detail
to meet the requirements of the Borough Engineer.
(3)
Test borings as may be required by the Borough Engineer.
A.
Within 15 days of the receipt of the revised complete plans, the
Borough Engineer and the consultants shall forward a written report
to the Secretary of the Joint Land Use Board regarding the completeness
and compliance of the plan with the recommendations of the Board.
B.
The Joint Land Use Board shall, within 45 days after receipt of said
completed final site plans, or within such further time as may be
consented to by the applicant, approve or disapprove the proposed
development. If disapproved, the reasons for disapproval shall be
clearly stated on the application for building design and site plan
review. The Zoning Officer shall deny a building permit for the proposed
development until such conditions have been corrected, any changes
deemed necessary by the Joint Land Use Board have been made and written
approval of the Joint Land Use Board obtained. The absence of action
on the part of the Joint Land Use Board within the specified time
shall constitute approval of the site plan, and the Zoning Officer
shall proceed on the basis of such approval, provided that all other
requirements of this chapter are met.
[Amended 10-4-2018 by Ord. No. 11-18]
The Joint Land Use Board shall be empowered to require that
the applicant furnish a performance bond for off-site and on-site
improvements shown on its site plan for the purpose of guarantying
the completion of said improvements as required in this chapter. An
estimate of improvement cost shall be prepared by the Borough Engineer
in order to determine the amount of the performance guaranty, which
shall be reviewed and have the approval of the Borough Attorney as
to both form and amount prior to the issuance of any permits. Posting
of the performance guaranty shall be in accordance with the provisions
of this chapter.
[Amended 10-4-2018 by Ord. No. 11-18]
A.
As a condition of final site plan approval, the approving authority
may require and shall accept in accordance with the standards adopted
by this chapter for the purpose of assuring the installation and maintenance
of on-tract improvements:
(1)
The furnishing of a performance guaranty in favor of the Borough
in an amount not to exceed 120% of the cost of installation of the
following improvements that are to be dedicated to a public entity,
and that have not yet been installed, as shown on the approved plans
or plat: streets, pavement, gutters, curbs, sidewalks, streetlighting,
street trees, surveyor's monuments, water mains, sanitary sewers,
community septic systems, drainage structures, public improvements
of open space, and any grading necessitated by the preceding improvements.
(2)
In the case where an approved phase or section of a development is
privately-owned, the perimeter buffer landscaping guaranty shall be
required by the Borough as a condition of permit approval. At the
developer's option, a separate performance guaranty may be posted
for the privately-owned perimeter buffer landscaping. The following
forms shall be acceptable:
(a)
A cash value equal to 120% of the total perimeter buffer landscaping
cost;
(b)
An irrevocable performance bond in the amount of 120% of the
perimeter buffer landscaping cost.
|
The projected cost of the perimeter buffer landscaping shall
be provided by the applicant and based on an approved landscape plan
and plantings within the required landscape buffer.
|
(3)
The cost of the performance guaranty shall be determined by the Borough
Engineer, who shall prepare an itemized cost estimate of the improvements
covered by the performance guaranty, which itemized cost estimate
shall be appended to each performance guaranty posted by the obligor.
Said itemization shall be the basis for determining the amount of
performance guaranty and maintenance guaranty required by the approving
authority. The Borough Engineer shall forward his estimate of the
cost of improvements to the developer within 30 days of the date of
receipt of a request sent by certified mail for said estimate.
(4)
Prior to the release of a performance guaranty, the furnishing of
a maintenance guaranty in an amount not to exceed 15% of the cost
of the installation of the improvements which are being released.
(5)
Upon the inspection and issuance of final approval of the following
private site improvements by the Borough Engineer, the furnishing
of maintenance guaranty not to exceed 15% of the cost of installation
of the following private site improvements: stormwater management
basins, in-flow and water quality structures within the basins, and
the out-flow pipes and structures of the stormwater management system.
(6)
The term of the maintenance guaranty shall be for a period not to
exceed two years and shall automatically expire at the end of the
established term.
(7)
The reviewing authority shall require that the applicant execute
such agreements and covenants as may be necessary in order to assure
the Borough that the premises shall be used in accordance with the
approval plan for the development, said agreement or covenants to
be in recordable form and to constitute covenants running with the
land. Said agreements or covenants shall be recorded prior to the
issuance of any building permit for the development and may only be
modified or released as set forth therein or by ordinance of the Borough
or as required by any other governmental agency having jurisdiction
thereover.
B.
In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed or the improvements
are covered by a performance or maintenance guaranty, to another governmental
agency, no performance or maintenance guaranty, as the case may be,
shall be required for such utilities or improvements.
C.
_____
(1)
Upon the request of a holder of a permit, the construction official
may issue a temporary certificate of occupancy for a building or structure
or part thereof before the entire work covered by the permit shall
have been complete, provided such portion or portions may be occupied
safely prior to full completion of the building or structure with
respect to public safety and welfare. Further, no temporary of final
certificate of occupancy shall be granted until all required utilities,
including but not limited to water, sewer, electric and gas are installed
and in service.
(2)
Temporary certificate of occupancy guaranty. In the event that a
developer shall seek a temporary certificate of occupancy for a development,
unit, lot, building, or phase of development, as a condition of the
issuance thereof, the developer shall furnish a separate guaranty,
referred to herein as a temporary certificate of occupancy guaranty,
in an amount equal to 120% of the cost of installation of only those
improvements or items which remain to be completed or installed under
the terms of the temporary certificate of occupancy and which are
required to be installed or completed as a condition precedent to
the issuance of the permanent certificate of occupancy for the development,
unit, lot, building or phase of development and which are not covered
by an existing performance guaranty. Upon posting of a temporary certificate
of occupancy guaranty, all sums remaining under a performance guaranty,
which relate to the development, unit, lot, building, or phase of
development for which the temporary certificate of occupancy is sought,
shall be released. The scope and amount of the temporary certificate
of occupancy guaranty shall be determined by the Borough engineer.
At no time may the Borough hold more than one guaranty or bond of
this type. The temporary certificate of occupancy guaranty shall be
released by the Borough engineer upon the issuance of a permanent
certificate of occupancy with regard to the development, unit, lot,
building, or phase as to which the temporary certificate of occupancy
relates. The projected cost of the temporary certificate of occupancy
guaranty shall be provided by the applicant. It shall include items
such as, but not limited to, sidewalks and street trees at the subject
property, roadways (including surface course) from the property to
the fully improved roadway; water and sewer infrastructure from the
property to the main, stormwater conveyance to serve the property,
stormwater management structures/basins for the current project phase.
When uncompleted community facilities, such as recreation, are to
be included in the temporary certificate of occupancy guaranty, it
shall be required to the point of 50% occupancy. Each of these items
shall apply for residential and nonresidential projects requiring
a temporary certificate of occupancy.
D.
In addition to a performance guaranty required pursuant to this chapter,
a developer shall furnish to the Borough of Mount Ephraim a separate
guaranty, referred to herein as a "safety and stabilization guaranty."
The amount of a safety and stabilization guaranty for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000. The amount of a safety and stabilization guaranty for a
development with bonded improvements exceeding $100,000 shall be calculated
as a percentage of the bonded improvement costs of the development
or phase of development as follows: $5,000 for the first $100,000
of bonded improvement costs, plus 2 1/2% of bonded improvement
costs in excess of $100,000 up to $1,000,000, plus 1% of bonded improvement
costs in excess of $1,000,000. The safety and stabilization guaranty
shall be available to the Borough solely for the purpose of returning
property that has been disturbed to a safe and stable condition or
otherwise implementing measures to protect the public from access
to an unsafe or unstable condition, only in the circumstance that:
(i) site disturbance has commenced and, hereafter, all work on the
development has ceased for a period of at least 60 consecutive days
following such commencement for reasons other than force majeure,
and (ii) work has not recommenced within 30 days following the provision
of written notice by the Borough to the developer of the Borough's
intent to claim payment under the guaranty. The Borough shall not
provide notice of its intent to claim payment until a period of at
least 60 days has elapsed during which all work on the development
has ceased for reasons other than force majeure. The Borough shall
provide written notice to a developer by certified mail or other form
of delivery providing evidence of receipt. In the event that the developer
has made a cash deposit with the Borough as part of the performance
guaranty, then any partial reduction granted in the performance guaranty
shall be applied to the cash deposit in the same proportion as the
original cash deposit bears to the full amount of the performance
guaranty, provided that if the safety and stabilization guaranty is
included as a line item of the performance guaranty, the Borough may
retain cash equal to the amount of the remaining safety and stabilization
guaranty.[1]
[Added 10-4-2018 by Ord.
No. 11-18[1]]
The amount of any performance guaranty may be reduced by the
governing body, by resolution, when portions of the bonded improvements
have been certified by the Borough Engineer to have been completed.
The time allowed for installation of the improvements for which the
performance guaranty has been provided may be established by the Borough
by resolution.
[Added 10-4-2018 by Ord.
No. 11-18[1]]
If the required bonded improvements are not completed or corrected
in accordance with the performance guaranty, the obligor and surety,
if any, shall be liable thereon to the Borough for the reasonable
cost of the improvements not completed or corrected, and the Borough
may, either prior to or after the receipt of the proceeds thereof,
complete such improvements.
[Added 10-4-2018 by Ord.
No. 11-18]
When all of the bonded improvements have been completed, the
obligor shall notify the governing body, in writing, by certified
mail addressed in care of the Municipal Clerk, of the completion of
said improvements and shall send a copy thereof to the Borough Engineer.
Thereupon the Borough Engineer shall inspect all of the bonded improvements
and shall file a detailed report, in writing, with the governing body,
indicating either approval, partial approval or rejection of the bonded
improvements with a statement of reasons for any rejection. If partial
approval is indicated, the cost of the bonded improvements rejected
shall be set forth.
[Added 10-4-2018 by Ord.
No. 11-18]
A.
The obligor shall reimburse the Borough for reasonable inspection
fees paid the Borough Engineer for the foregoing inspection of improvements.
B.
The developer shall post the inspection fees in escrow in an amount:
C.
If the Borough determines that the amount in escrow for the payment
of inspection fees is insufficient to cover the cost of additional
required inspections, the Borough may require the developer to deposit
additional funds in escrow provided that the Borough delivers to the
developer a written inspection escrow deposit request, signed by the
Borough Engineer, which: informs the developer of the need for additional
inspections, details the items or undertakings that require inspection,
estimates the time required for those inspections, and estimates the
cost of performing those inspections.
A.
In reviewing applications for site plan approval, the Joint Land
Use Board shall base its decision to grant, modify or deny the application
on the following criteria:
(1)
Consistency of the layout or arrangement of the subdivision or land development with the requirements of Chapter 525, Zoning.
(2)
Streets in the subdivision or land development of sufficient width
and suitable grade and suitably located to accommodate prospective
traffic and to provide access for firefighting and emergency equipment
to buildings and coordinated so as to compose a convenient system
consistent with the Official Map, if any, and the circulation element
of the Master Plan, if any, provided that no street of a width greater
than 50 feet within the right-of-way lines shall be required unless
said street constitutes an extension of an existing street of the
greater width or already has been shown on the Master Plan at the
greater width or already has been shown in greater width on the Official
Map.
(3)
Adequate water supply, drainage, shade trees, sewerage facilities
and other utilities necessary for essential services to residents
and occupants.
(4)
Suitable size, shape and location for any area reserved for public
use.
(5)
Reservation of any open space to be set aside for use and benefit of the residents of planned developments resulting from the application of standards of density or intensity of land use contained in Chapter 525, Zoning.
(6)
Regulation of land designated as subject to flooding to avoid danger
to life or property.
(7)
Protection and conservation of soils from erosion by wind or water
or from excavation or grading.
(8)
That provisions governing the standards for grading, improvement
and construction of streets or drives and for any required walkways,
curbs, gutters, streetlights, shade trees, fire hydrants and water
and drainage and sewerage facilities and other improvements are as
shall be found necessary and provisions ensuring that such facilities
shall be completed either prior to or subsequent to final approval
of the subdivision or site plan.
(9)
Provisions are made for off-tract water, sewer, drainage and street
improvements which are necessitated by a subdivision or land development.
(10)
Preservation of existing natural resources on the site.
(11)
Safe and efficient vehicular and pedestrian circulation, parking
and loading.
(12)
Screening, landscaping and location of structures.
(13)
Exterior lighting needed for safety reasons in addition to any
requirements for streetlighting.
B.
The following specific standards shall be used in reviewing all applications:
(1)
Preservation of landscape. Every effort shall be made to either preserve
the landscape in its natural state or to improve existing site conditions
in keeping with adjacent areas.
(2)
Orientation and site location. In the case of freestanding buildings
or structures, and depending upon site characteristics, consideration
shall be given to site positioning that either does not block a natural
vista, provides a desirable space enclosure or otherwise respects
the established lot siting or surrounding buildings or structures.
(3)
In the use of building materials, use of color and/or textures, massing,
fenestration, advertising features and proposed height, every effort
shall be made in the proposed building or structure to relate these
elements harmoniously to similar elements in surrounding buildings
or structures.
(4)
Relation to surroundings. Every effort shall be made to maintain
the standards outlined in the preceding two subsections for all accessory
buildings, structures and site features, however related to the major
buildings or structures.
(5)
Special features. In the case of auto parking areas, truck loading
areas, utility buildings and structures, and similar accessory areas
and structures, special consideration shall be given to the use of
screen planting or similar screening methods, where said special features
are incongruous with the existing or contemplated environment, and
for adjacent properties.
A.
An environmental impact statement is required in standard site plans
where the project involves 10 dwelling units or more, 20 or more parking
spaces or the demolition of existing buildings. The purpose of this
EIS is to disclose the environmental consequences of a proposed action
by an applicant. This requirement is made in order to protect the
historic and the natural environment with respect to water quality,
water supply, soil erosion, pollution of all kinds, flooding and waste
disposal. The intent is to preserve trees and vegetation, to protect
water sources, air resources and aquifers and the historic heritage
of the Borough, as far as is reasonably possible, consistent with
the zoning of the tract.
B.
The environmental impact statement shall include a response to the
following items pertaining to a proposed development. Said proposal
shall be consistent with all other standards included in this chapter.
(2)
Surface waters.
(7)
Sewage system.
(a)
Sewage disposal system (if on the site, description and location
of the system).
(b)
Expected content of the sewage effluents (human waste, pesticides,
detergents, oils, heavy metals, other chemicals).
(c)
Expected daily volumes of sewage.
(d)
Affected sewage treatment plant's present capacity and
authorized capacity.
(11)
Impact of proposed development.
(a)
Existing plant species and habitat classification with effects
thereon.
(b)
Existing animal species and effects thereon.
(c)
Existing wildfowl and other birds and effects thereon.
(d)
Effects on drainage and runoff.
(e)
Effects on groundwater quality.
(f)
Effects of situation of surface waters.
(g)
Effects on surface water quality.
(h)
Effects on air quality.
(i)
Alternatives to proposed development, consistent with the zoning
of the tract.
(j)
Effects on sites of historic significance.
(12)
Critical impact areas. In addition to the above, plans should
indicate any area, condition or feature which is environmentally sensitive
or which if disturbed during construction would adversely affect the
environment. Critical impact areas include but are not limited to
stream corridors, streams, wetlands, estuaries, slopes greater than
15%, highly acid or highly erodible soils, areas of high-water table
and mature stands of native vegetation and aquifer recharge and discharge
areas. The following information shall be provided:
(a)
A statement of impact upon critical areas and of adverse impacts
which cannot be avoided.
(b)
Environmental protective measures, procedures and schedules
to minimize damage to critical impact areas during and after construction.
(c)
A list of all licenses, permits and other approvals required
by municipal, county or state law and the status of each.
(d)
A listing of steps proposed to minimize environmental damage
to the site and region during construction and operation.
(13)
Traffic and parking.
(a)
Existing daily traffic volumes on all streets within four blocks
of the proposed site.
(b)
Existing traffic-carrying capacity of all streets within four
blocks of the site.
(c)
Available public parking within four blocks of the site, including
public parking lots and legal on-street parking.
(d)
Traffic volumes to be generated by the proposed project.
(e)
A description of the proposed routes for deliveries of materials
and equipment to be used in connection with the construction of the
proposed buildings or structures.
(14)
Land use and density.
(a)
The total number of dwelling units on each block within a two-block
radius, showing motel units as a separate count.
(b)
The location of any residential structures within a two-block
radius which contain 10 or more dwelling units, including motels as
a separate category.
(c)
On a block-by-block basis within a two-block radius, the net
density (dwelling units per acre).
(d)
The change to density in the immediate and surrounding blocks
attributable to the proposed project.
(e)
The location of the nearest shopping area.
(15)
Utilities. Letters from the utility companies shall be submitted
certifying their ability to serve the project with sewer, water, electric
and oil or gas.
C.
Each EIS shall have on its cover page the following which shall be
filled in by the individual responsible for its preparation:
|
Project name:
| |||
|---|---|---|---|
|
Location:
| |||
|
Prepared by:
|
Seal:
| ||
|
(licensed professional architect, engineer or planner)
| |||
|
Date submitted:
| |||
