Article
X. shall be known and may be cited as the "Subdivision and Site Plan Procedures Ordinance of Roselle Borough."
The purpose of this Article
X shall be to provide rules, administrative procedures, regulations and standards which would be applicable to both site plan and subdivision applications.
The various rules and regulations contained herein are meant
to enable processing of various development applications in accordance
with procedures and objectives as established in Municipal Land Use
Law (N.J.S.A. 40:55D-1 et seq.).
The Planning Board shall have the power to review and approve
or deny conditional uses or site plans simultaneously with review
for subdivision approval without the developer being required to make
further application to the Planning Board or the Planning Board being
required to hold further hearings. The longest time period for action
by the Planning Board, whether it be for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the applicant pursuant to this section, notice
of the hearing on the plat or site plan shall include reference to
the request for such conditional use.
Before recording final subdivision plats or as a condition of
final site plan approval, the Planning Board shall require for the
purpose of assuring the installation and maintenance of on-tract improvements
and landscaping and shall accept in accordance with the standards
adopted herein:
A. Amount of performance guaranty.
(1) For residential developments, the furnishing of a performance guaranty
in favor of the Borough in an amount equal to 120% of the cost of
installation, which cost shall be determined by the Borough Engineer,
for improvements which the Planning Board may deem necessary or appropriate,
and including streets, grading, pavement, gutters, curbs, sidewalks,
streetlights, shade trees, surveyor's monuments, as-built drawings,
material testing, water mains, culverts, storm sewers, sanitary sewers,
other means of sewage disposal, drainage structures, erosion control
and sedimentation control devices, public improvements of open space
and, in the case of site plans, other on-site improvements and landscaping.
Not less than 10% of the required guaranty shall be in cash. All interest
on said funds shall inure to the benefit of the Borough and the developer
in accordance with N.J.S.A. 40:55D-53.1.
(2) For all nonresidential developments, the furnishing of a performance
guaranty in favor of the Borough in an amount not to exceed 25% of
the cost of installation, which cost shall be determined by the Borough
Engineer, for improvements which the Planning Board may deem necessary
or appropriate, and including streets, grading, pavement, gutters,
curbs, sidewalks, streetlights, shade trees, surveyor's monuments,
as-built drawings, material testing, water mains, culverts, storm
sewers, sanitary sewers, other means of sewage disposal, drainage
structures, erosion control and sedimentation control devices, public
improvements of open space and, in the case of site plans, other on-site
improvements and landscaping. Not less than 10% of the required guaranty
shall be in cash. All interest on said funds shall accumulate to the
benefit of the Borough and developer in accordance with N.J.S.A. 40:55D-53.1.
B. The furnishing of a maintenance guaranty to be posted with the governing
body for a period not to exceed two years after final acceptance of
the improvement, in an amount equal to 15% of the cost of the improvement.
In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed or the improvements
are covered by a performance or maintenance guaranty to another governmental
agency, no performance or maintenance guaranty, as the case may be,
shall be required by the Borough for such utilities or improvements.
C. The time allowed for installation of the improvements for which the
performance guaranty has been provided may be extended by the governing
body by resolution. As a condition or as part of any such extension,
the amount of any performance guaranty shall be increased or reduced,
as the case may be, to an amount not to exceed 120% of the cost of
the installation as determined as of the time of the passage of the
resolution.
D. If the required 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.
E. Upon substantial completion of all required appurtenant improvements
and the connection of same to the public system, the obligor may notify
the governing body, in writing, by certified mail addressed in care
of the Borough Clerk, of the completion or substantial completion
of improvements and shall send a copy thereof to the Borough Engineer
and, where applicable, to the homeowners' association and each member
of its Board of Directors, by certified mail. Thereupon, the Borough
Engineer shall inspect all improvements of which such notice has been
given and shall file a detailed report, in writing, with the governing
body, indicating either approval, partial approval or rejection of
such improvements, with a statement of reasons for any rejection.
The cost of the improvements as approved or rejected shall be set
forth.
F. The governing body shall either approve, partially approve or reject
the improvements on the basis of the report of the Borough Engineer
and shall notify the obligor, in writing, by certified mail, of the
contents of said report and the action of said approving authority
with relation thereto in accordance with N.J.S.A. 40:55D-53. Where
partial approval is granted, the obligor shall be released from all
liability pursuant to the performance guaranty, except for that portion
adequately sufficient to secure provision of the improvements not
yet approved, provided that 30% of the amount of the performance guaranty
posted may be retained to ensure completion of all improvements.
G. The performance guaranty may be released when:
(1) The Borough Council has authorized acceptance of improvements. Bonds,
if any, shall be released first; cash shall be released last.
(2) The Borough Engineer has issued a certification in the following
form:
I hereby certify that all of the improvements required to be
installed by __________ in the subdivision (site plan) known as __________,
which are covered by a performance bond issued by _____ Bond No. _____
and/or by cash escrow in the amount of $ _____, said improvements
have been installed in accordance with specifications of the Borough
of Roselle and to my satisfaction.
(3) There has been delivered to the Borough Clerk a maintenance guaranty, which may be in the form of a maintenance bond. Such bond shall be issued by a bonding or surety company as approved by the Borough Council and shall be in the appropriate amount as determined from Subsection
B of this section.
H. If any portion of the required improvements are rejected, the approving
authority may require the obligor to complete such improvements and,
upon completion, the same procedure of notification as set forth in
this section shall be followed.
I. Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
governing body or the Borough Engineer.
J. The obligor shall reimburse the municipality for all reasonable inspection
fees paid to the Borough Engineer for the foregoing inspection of
improvements, provided that the municipal may require of the developer
a deposit for all or a portion of the reasonably anticipated fees
to be paid to the Borough Engineer for such inspection.
K. In the event that final approval is by stages or sections of development,
the provisions of this section shall be applied by stage or section.
Similarly, if a developer should opt to delay acceptance of private
road improvements by either a homeowners' association or the governing
body, then the release of any performance guaranties shall be as provided
for in this section. Maintenance responsibility shall remain with
the developer, to be governed by any conditions of final approval
of a development application. Upon acceptance of the improvements
by a homeowners' association or the governing body, a maintenance
guaranty as outlined herein shall be required.
L. Performance guaranties shall be approved by the Borough Attorney
as to form, sufficiency and execution. A letter of credit shall be
an acceptable form of performance guaranty if approved by the Borough
Council and only under the following conditions:
(1) It is irrevocable for an initial period of at least one year with
automatic one-year renewals, unless the bank notifies the Borough,
in writing, at least 90 days before the initial date of expiration
or each anniversary of such date that it will not be renewed.
(2) If the letter of credit is not renewed:
(a)
The Borough shall have the right to immediately draw a draft
on sight if the developer's performance is not satisfactory as of
that date or to draw a draft 30 days after receipt of said notice
if after notification by the municipality that the letter of credit
will not be renewed the developer fails to submit a satisfactory replacement
performance guaranty.
(b)
The developer agrees to cease and desist all such work upon
receipt of notification from the municipality that the letter of credit
will not be renewed until such time as a satisfactory replacement
performance guaranty is submitted.
(c)
The developer shall execute any agreement(s) required by the
Borough Attorney confirming the conditions set forth herein prior
to the Borough's acceptance of said letter of credit.
As a condition of final subdivision or site plan approval, the
Board of jurisdiction shall require an applicant to pay its pro rata
share of the cost of providing reasonable and necessary water, sewerage
and drainage facilities and easements, located outside the property
limits of the development but necessitated or required by construction
or improvements within such development. The proportionate or pro
rata amount of the cost of such facilities shall be based on the criteria
established herein, which shall be borne by each developer or owner.
In cases where the reasonable and necessary need for an off-tract
water, sewerage or drainage improvement or improvements is necessitated
or required by the proposed development application and where no other
property owners receive a special benefit, the applicant may be required,
as a condition of approval, at the applicant's sole expense, to provide
for and construct such improvements as if such were an on-tract improvement,
in the manner provided hereafter and otherwise provided by law.
In cases where the need for any off-tract water, sewerage or
drainage improvement is necessitated by the proposed development application
and where it is determined that properties outside of the development
will also be benefited by the improvement, the following criteria
shall be utilized in determining the proportionate share of such improvements
to the developer.
A. Sanitary sewers. Distribution facilities, including the installation,
relocation or replacement of collector, trunk and interceptor sewers,
and the installation, relocation or replacement of other appurtenances
associated therewith. The applicant's proportionate share shall be
computed as follows:
(1) The capacity and the design of the sanitary sewer system shall be
based on all applicable New Jersey Department of Environmental Protection
regulations and all Roselle Borough Sewer Design Standards, including
infiltration standards, and all other Borough stormwater drainage
standards.
(2) The capacity of the existing system to service the entire improved
drainage area shall be computed as follows:
(a)
If the system is able to carry the total developed drainage
basin, no improvement or enlargement cost will be assigned to the
developer.
(b)
If the existing system does not have adequate capacity for the
total developed drainage basin, the prorated enlargement or improvement
share shall be computed as follows:
Total enlargement or improved cost
Developer's cost
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=
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Total tributary gpd
Development gpd
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(c)
If it is necessary to construct a new system in order to service
the proposed development, the prorated enlargement share to the developer
shall be computed as follows:
Total project cost
Developer's cost
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=
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Total tributary gpd to new system
Development tributary gpd
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B. Drainage improvements. For stormwater and drainage improvements,
including the installation, relocation or replacement of storm drains,
culverts, catch basins, manholes, riprap or improved drainage ditches
and appurtenances thereto and relocation or replacement of other storm
drainage facilities or appurtenances associated therewith, the applicant's
proportionate share shall be determined as follows:
(1) The capacity and the design of the drainage system to accommodate
stormwater runoff shall be based on a method described in Urban Hydrology
for Small Watershed Technical Release 55, Soil Conservation Service
USDA, January 1975, as amended, or a successor method, computed by
the developer's engineer and subject to the approval of the Borough
Engineer.
(2) The capacity of the enlarged, extended or improved system required
for the subdivision or site plan and areas outside of the developer's
tributary to the drainage system shall be determined by the developer's
engineer, subject to approval of the Borough Engineer. The plans for
the improved system shall be prepared by the developer's engineer
and the estimated cost of the enlarged system calculated by the Borough
Engineer. The prorated share for the proposed improvement shall be
computed as follows:
Total enlargement or improvement cost of drainage
facilities
Developer's cost
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=
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Total tributary cfs
Development cfs
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Where the proposed off-tract water, sewerage or drainage improvement
is to be undertaken at some future date, the moneys required for the
improvement shall be deposited to the credit of the Borough in a separate
account until such time as the improvement is constructed. If the
off-tract improvement is not begun within 10 years of deposit, all
moneys and interest shall be returned to the applicant.
In any case in which an applicant does not provide the approving
authority with the estimates of a consulting engineer with regard
to estimated improvement costs and all other information necessary
to proportion costs, the approving authority may rely on the estimates
of the Borough Engineer and/or Planner in order to prorate costs.
Prior to the granting of final approval, the developer shall have installed improvements required by the Planning Board or have posted a performance guaranty or surety sufficient to cover the costs of said improvements. The Planning Board may solicit local, county, state, federal, public or semipublic agencies and knowledgeable individuals on what improvements shall be required. Improvements recommended by other agencies, such as a utilities authority, county, state or other governmental agencies, may be required by the Planning Board as a condition of final approval. The following construction standards and improvements are necessary to protect the health, safety, welfare and convenience of the residents and public as well as needed to meet local, county, regional, state and national goals and objectives. It is recognized, however, that in peculiar situations, all of the improvements listed under §
650-75 may not be appropriate or needed.