Township of Edison, NJ Land Use

Encourage municipal action to guide the appropriate use and development of lands in the Township in a manner which will promote the public health, safety, morals and general welfare;

Secure safety from fire, flood, panic and other natural and man-made disasters;

Provide adequate light, air and open space;

Ensure that the development of Edison Township does not conflict with the development and general welfare of its neighboring municipalities, the County of Middlesex and the State of New Jersey as a whole;

Promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods and communities and the preservation of the environment;

Encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;

Provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements, in order to meet the needs of all citizens;

Encourage the location and design of transportation routes which will promote the free flow of traffic, while discouraging location of such facilities and routes which result in congestion or blight;

Promote a desirable visual environment through creative development techniques and good civic design and arrangements;

Promote the conservation of open space and valuable natural resources and prevent urban sprawl and degradation of the environment through improper use of land;

Encourage planned development which incorporates the best features of design and relates the type, design and layout of residential, commercial, industrial and recreational development to the particular site;

Encourage senior citizen community housing construction;

Encourage coordination of the various public and private procedures and activities shaping land development, with a view of lessening the cost of such development and to the more efficient use of the land.

§ 39-3 WORDS AND TERMS DEFINED.

§ 39-3.1 Word Meanings.

[1999 Code § 18.04.030A]

For the purpose of this chapter, unless the context clearly indicates a different meaning, the term "shall" indicates a mandatory requirement and the term "may" indicates a permissive action.

§ 39-3.2 Definitions.

[1999 Code § 18.04.030B]

For the purpose of this chapter, unless the context clearly indicates a different meaning, the following terms shall have the meanings indicated:

ADMINISTRATIVE OFFICER: Means the Edison Township Planning Board Secretary.

APPLICANT: Means a developer submitting an application for development.

APPLICATION FOR DEVELOPMENT: Means the application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to this chapter.

APPROVING AUTHORITY: Means the Planning Board of the Township, unless a different agency is designated by this chapter when acting pursuant to the authority of this chapter.

BOARD OF ADJUSTMENT: Means the Board established in Section 39-4.

BUILDING: Means a combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.

CAPITAL IMPROVEMENT: Means a governmental acquisition of real property or a major construction project.

CIRCULATION: Means systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, airways, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.

COMMON OPEN SPACE: Means an open space area within or related to a site designated as a development and designed and intended for the use or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

COMPLETE APPLICATION: Means the form prescribed by the Township which is designated "application for development," completely filled out and signed by the applicant, accompanied by all required documents and information in form and content as prescribed by the application sections of this chapter, with sufficient copies of each to comply with this chapter, accompanied by payment of the requisite fees.

CONDITIONAL USE: Means a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning ordinance, and upon the issuance of an authorization therefor by the Planning Board.

CONVENTIONAL: Means development other than planned development.

COUNTY MASTER PLAN: Means a composite of the Master Plan for the physical development of Middlesex County, with the accompanying maps, plats, charts and descriptive and explanatory matter adopted by the County Planning Board pursuant to N.J.S.A. 40:27-2 and N.J.S.A. 40:27-4.

DAYS: Means calendar days.

DESIGNEE: Means the person appointed by an administrative officer to perform a specified function or duty assigned to such administrative officer by this chapter.

DEVELOPER: Means 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.

DEVELOPMENT: Means the division of a parcel of land into two (2) or more parcels the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill and any use or change in the use of any building or other structure or land or extension of use of land, for which permission may be required pursuant to this chapter.

DEVELOPMENT REGULATION: Means a zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulations of the use and development of land, or amendment thereto, adopted and filed pursuant to law.

DIVISION: Means the Division of State and Regional Planning in the Department of Community Affairs.

DRAINAGE: Means the removal of surface water or groundwater from land by drains, grading or other means; includes control of runoff to minimize erosion and sedimentation during and after construction or development and the means necessary for water supply preservation or prevention or alleviation of flooding.

ENVIRONMENT: Means soil, water and air surrounding a site.

EROSION: Means the detachment and movement of soil or rock fragments by water, wind, ice and gravity.

FINAL APPROVAL: Means the official action of the Planning Board taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.

GOVERNING BODY: Means the Township Council of the Township of Edison.

HISTORIC SITE: Means any building, structure, area or property that is significant in the history, architecture, archeology or culture of this State or its communities or of the nation and has been so designated pursuant to law.

INTERESTED PARTY: Means, in a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey. In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire or enjoy property is or may be affected by any action taken under this chapter or whose right to use, acquire or enjoy property under this chapter or under any other law of this State or of the United States has been denied, violated or infringed by an action or a failure to act under this chapter.

LAND: Includes improvements and fixtures on, above or below the surface.

LOT: Means a designated parcel, tract or area of land established by a plat or otherwise as permitted by law, to be used, developed or built upon as a unit.

LOT-LINE ELIMINATION: Means a reverse subdivision.

MAINTENANCE GUARANTY: Means any security, other than cash, which may be accepted by a municipality for the maintenance of any improvements required by this chapter.

MAJOR SUBDIVISION: Means any subdivision not classified as a minor subdivision.

MASTER PLAN: Means a composition of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to Section 39-5.

MAYOR: Means the chief executive of the Township of Edison.

MINOR SITE PLAN: Means a development plan of one (1) or more lots which proposes new development within the scope of development specifically permitted by ordinance 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 30 of the Municipal Land Use Law, N.J.S.A. 40:55D-42; and contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.

MINOR SUBDIVISION: Means a subdivision of land that does not involve either the creation of more than three (3) lots or planned development or any new street or the extension of any off-tract improvements.

MUNICIPAL AGENCY: Means the Edison Township Planning Board or Zoning Board of Adjustment or the Township Council, when acting pursuant to this chapter, and any agency which is created by or responsible to one or more municipalities when such agency is acting pursuant to this chapter.

MUNICIPALITY: Means the Township of Edison.

NONCONFORMING LOT: Means a lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING STRUCTURE: Means a structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING USE: Means a use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

OFFICIAL COUNTY MAP: Means the map, with changes and additions thereto, adopted and established from time to time by resolution of the Board of Chosen Freeholders of Middlesex County pursuant to N.J.S.A. 40:27-5.

OFF-SITE: Means located outside the lot lines of the lot in question but within the property of which the lot is a part, which property is the subject of a development application, or a contiguous portion of a street or right-of-way.

OFF-TRACT: Means not located on the property which is the subject of a development application nor on a contiguous portion of a street right-of-way.

ON-SITE: Means located on the lot in question.

ON-TRACT: Means located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OPEN SPACE: Means any parcel or area of land and/or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.

PARTY IMMEDIATELY CONCERNED: For purposes of notice, means any applicant for development, the owners of the subject property and all owners of property and government agencies entitled to notice under subsections 39-12.1 through 39-12.15.

PERFORMANCE GUARANTY: Means any security which may be accepted by a municipality, including cash, provided, that a municipality shall not require more than ten (10%) percent of the total performance guaranty in cash.

PLANNED COMMERCIAL DEVELOPMENT: Means an area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one (1) or more structures with appurtenant common areas to accommodate commercial or office uses, or both, and any residential and other uses incidental to the predominant use as may be permitted by ordinance.

PLANNED DEVELOPMENT: Means planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.

PLANNED INDUSTRIAL DEVELOPMENT: Means an area of a minimum contiguous size as specified by ordinance to be developed according to a plan as a single entity containing one (1) or more structures with appurtenant common areas to accommodate industrial uses and any other uses incidental to the predominant use as may be permitted by ordinance.

PLANNED UNIT DEVELOPMENT: Means an area with a specified minimum contiguous acreage of ten (10) acres or more to be developed as a single entity according to a plan, containing one (1) or more residential clusters or planned unit residential developments and one (1) or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the zoning ordinance.

PLANNED UNIT RESIDENTIAL DEVELOPMENT: Means an area with a specified minimum contiguous acreage of five (5) acres or more to be developed as a single entity according to a plan, containing one or more residential clusters, which area may include appropriate commercial or public or quasi-public uses all primarily for the benefit of the residential development.

PLANNING BOARD: Means the Edison Planning Board established pursuant to Section 39-4.

PLAT: Means a map or maps of a subdivision or site plan.

PRELIMINARY APPROVAL: Means the conferral of certain rights, pursuant to the applicable section of Section 39-8, prior to final approval, after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.

PRELIMINARY FLOOR PLANS AND ELEVATIONS: Means architectural drawings prepared during early and introductory stages of the design of a project, illustrating in a schematic form its scope, scale and relationship to its site and immediate environs.

PUBLIC AREA: Means public parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.

PUBLIC DEVELOPMENT PROPOSAL: Means a Master Plan, capital improvement program or other proposal for land development adopted by the appropriate public body, or any amendment thereto.

PUBLIC DRAINAGEWAY: Means the land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water, to safeguard the public against flood damage, sedimentation and erosion.

PUBLIC OPEN SPACE: Means an open space area conveyed or otherwise dedicated to a municipality, municipal agency, Board of Education, State or County agency or other public body, for recreational or conservational uses.

QUORUM: Means the majority of the full authorized membership of a municipal agency.

RESIDENTIAL CLUSTER: Means an area to be developed as a single entity according to a plan, containing residential housing units which have a common or public open space area as an appurtenance.

RESIDENTIAL DENSITY: Means the number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.

RESUBDIVISION: Means the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law, or the alteration of any streets or establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.

REVERSE SUBDIVISION: Means the proceeding before the appropriate municipal agency for the purpose of securing the approval by such municipal agency of the elimination of interior lot lines within a lot, parcel or tract of land in order to constitute a single lot, parcel or tract of land.

SEDIMENTATION: Means the deposition of soil that has been transported from its site of origin by water, ice, wind, gravity or other natural means as a product of erosion.

SITE PLAN: Means a development plan of one (1) 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; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, screening devices and lighting; and any other information that may be reasonably required in order to make an informed determination pursuant to this chapter.

STANDARDS OF PERFORMANCE: Means standards adopted by ordinance, pursuant to Section 39-8, regulating noise levels, glare, earthborn or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and inflammable matters, smoke and airborne particles, waste discharge, screening or unsightly objects or conditions and such other similar matters as may be reasonably required by the municipality, or standards required by applicable Federal or State laws or other municipal ordinances.

STREET: Means any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing State, County or municipal roadway or which is shown upon a plat heretofore approved pursuant to law or which is approved by official action as provided by this chapter or which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board and the grant to such board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulder, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For purposes of this chapter, "streets" are classified as follows:

STRUCTURE: Means a combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.

SUBDIVISION: Means the division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered "subdivisions" within the meaning of this chapter if no new streets are created: divisions of land found by the Planning Board, or subdivision committee thereof appointed by the Chair, to be for agricultural purposes, where all resulting parcels are five (5) acres or larger in size; divisions of property by testamentary or intestate provisions; divisions of property upon court order; conveyances so as to combine existing lots by deed or other instrument; and transfers of title to one (1) or more adjoining lots, tracts or parcels owned by the same person or persons when such lots, tracts or parcels all conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Map of this Township. The term "subdivision" shall also include the terms "resubdivision" and "reverse subdivision."

THIS CHAPTER: Refers to all sections of the Township land use ordinance, together with those sections of Chapters 36 and 37 which have not been specifically repealed by the enactment of this chapter, unless otherwise specified.

VARIANCE: Means permission to depart from the literal requirements of a zoning ordinance, which "variance" may be granted pursuant to Sections 39-4 and 39-7.

§ 39-4 PLANNING BOARD.

§ 39-4.1 Establishment; Membership.

[1999 Code § 18.08.010]

There is established pursuant to the provisions of N.J.S.A. 40:55D-1 et seq., in the Township a Planning Board of nine (9) members, consisting of the following classes of members:

Class I: the Mayor.

Class II: one (1) of the officials of the municipality other than a member of the Township Council, to be appointed by the Mayor, provided that if there is a technical review committee, a member of that committee who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member if there are both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV members.

Class III: a member of the Township Council, to be appointed by the Township Council.

Class IV: the members of Class IV shall hold no other municipal office, except that one (1) member may be a member of the Zoning Board of Adjustment and one (1) may be a member of the Board of Education. A member of the technical review committee who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member unless there are among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the site plan committee shall be deemed to be a Class II member of the Planning Board.

Alternate Members.

There may be two (2) alternate members in Class IV. Alternate members shall be appointed by the Mayor for Class IV members. Alternate members shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2." Alternate members may participate in discussions of the proceedings but may not vote, except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

The terms for alternate members shall be for two (2) years, except that the terms of the alternate members shall be such that the terms of not more than one (1) alternate member shall expire in one (1) year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two (2) years. A vacancy occurring otherwise than by expiration of term shall be filled by the Mayor for the unexpired term only.

§ 39-4.2 Terms of Office; Vacancies; Removal; Voting.

[1999 Code § 18.08.020]

Terms.

The term of the Mayor shall correspond to his or her official tenure.

The terms of the members comprising Class II and Class III of the Planning Board shall be for one (1) year or shall terminate at the completion of their respective terms of office, whichever occurs first.

The term of a Class II or Class IV member who is also a member of the Environmental Commission shall be for three (3) years or shall terminate at the completion of his term of office or as a member of the Environmental Commission, whichever occurs first.

The term of a Class IV member who is also a member of the Board of Adjustment or the Board of Education shall terminate whenever he is no longer a member of such body or at the completion of his or her Class IV term, whichever occurs first.

The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four (4) years after the appointment; provided, however, that no term of any member shall exceed four (4) years, and provided further that nothing herein shall affect the terms of any citizen members of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four (4) years, except as otherwise hereinabove provided.

If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment as above provided for the unexpired term. No member of the Planning Board shall be permitted to act on any matter in which he or she has either directly or indirectly any personal or financial interest. Any member other than a Class I member, after public hearing if he or she requests one, may be removed by the Township Council for cause.

When any hearing before a Planning Board shall carry over two (2) or more meetings, a member of the Board who was absent for one (1) or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his or her absence from one (1) or more of the previous meetings; provided, however, that such Board member has available to him or her a transcript or recording of the meetings from which he or she was absent and certifies, in writing, to the Board that he or she has read such transcript or listened to such recording.

§ 39-4.3 Organization and Staff; Adoption of Rules and Regulations.

[1999 Code § 18.08.030]

The Planning Board shall elect a chair and a vice chair from the members of Class IV, shall select a secretary who may or may not be a member of the Planning Board or a municipal employee and shall create and fill such other offices as may be established by the rules and regulations of the Planning Board.

The Planning Board may employ or contract for and fix the compensation of legal counsel, other than the municipal attorney, and experts and other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Township Council for its use. In the event that an expert or consultant is hired, the hiring shall be with the approval of the Planning Board.

The Planning Board shall adopt such rules and regulations as may be necessary to carry into effect the powers granted to it by this chapter.

The chair of the Planning Board shall appoint committees of the Board consisting of three (3) or more members of the Board.

§ 39-4.4 Powers and Duties.

[1999 Code § 18.08.040; Ord. No. O.1938-2016]

The Planning Board shall follow the provisions of N.J.S.A. 40:55D-1 et seq., and shall perform the following functions and duties:

Prepare and, after public hearing, adopt and from time to time amend a Master Plan or component parts thereof, to guide the use of lands within the Township in a manner which protects the public health and safety and promotes the general welfare and which is otherwise consistent with the purposes of this chapter as set forth in N.J.S.A. 40:55D-28;

Review and approve, modify or deny, with or without conditions, site plans, subdivisions and conditional uses and, in doing so, administer the provisions of this chapter with the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.;

Participate in the preparation and review of programs or plans required by State or Federal law or regulations;

Assemble data on a continuing basis as part of a continuous planning process;

Prepare annually a program of municipal capital improvement projects projected over a term of six (6) years, and amendments thereto, and recommend same to the Township Council;

Consider and report to the Township Council, within thirty-five (35) days after referral to the Planning Board, any proposed development regulation, revision or amendment thereto and the zoning ordinance and any amendment or revision thereto submitted to said Board pursuant to the provisions of N.J.S.A. 40:55D-26a, and consider and pass upon other matters specifically referred to the Planning Board by the Township Council pursuant to the provisions of N.J.S.A. 40:55D-26b;

When reviewing applications for approval of subdivision plats, site plans or conditional uses, grant, to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:

Variances, pursuant to N.J.S.A. 40:55D-25;

Direction, pursuant to Section 39-12, for the issuance of a permit for a building or structure not related to a street.

Whenever relief is requested pursuant to this subsection, notice of a hearing on the application for the development shall include reference to the request for a variance or direction for the issuance of a permit, as the case may be;

Perform such other advisory duties as are assigned to it by ordinance or resolution of the Township Council, for the aid and assistance of the Governing Body or other agencies or Township officials;

Hear and decide requests for interpretation of all Township ordinances related to the powers, functions and duties generally performed by the Planning Board, other than the zoning ordinance.

The Planning Board shall not grant any proposed sidewalk waiver within a two (2) mile radius of the perimeter of any school property line. For all other waivers, the Planning Board shall not grant any proposed waiver unless the proposed waiver is reasonable and within the general purposes and intent of the Code, and/or that literal enforcement of the Code is impractical and will exact undue hardship because of the peculiar conditions pertaining to a certain property and can be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the Township's Master Plan and Zoning Ordinances and redevelopment plan if applicable.

[Ord. No. O.1938-2016]

§ 39-4.5 Referral Powers.

[1999 Code § 18.08.050]

Development Regulations. Prior to the adoption of a development regulation, revision or amendment thereto, the Planning Board shall make and transmit to the Township Council, within thirty-five (35) days after referral, a report including recommendations concerning the proposed development regulations, revision or amendment. The Township Council, when considering the adoption of a development regulation, revision or amendment thereto, shall review the report of the Planning Board and may disapprove or change any recommendation only by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations of the Planning Board. Failure of the Planning Board to transmit its reports within the thirty-five (35) day period provided herein shall relieve the Township Council from the requirements of this subsection in regard to the proposed development regulation, revision or amendment thereto referred to the Planning Board.

Other Matters. Any municipal body, including the Township Council, or any Township department director or division manager having final authority over the matters within its or his or her particular jurisdiction, before taking final action on any matter before him, her or it relating to land use and development, may refer such matter to the Planning Board for its recommendations. Such reference shall not extend the time for action by the referring body or official, if any is applicable, whether or not the Planning Board has submitted its report. Whenever the Planning Board shall make a recommendation under this subsection, such recommendation shall be followed by the municipal body or official unless, in the case of a municipal body, the recommendation is rejected or modified by a majority of the full authorized membership of such body.

§ 39-4.6 Citizens' Advisory Committee.

[1999 Code § 18.08.060]

The Mayor may appoint one (1) or more persons as a citizens' advisory committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall have no power to vote or take other action required of the board. Such person or persons shall serve at the pleasure of the Mayor.

§ 39-5 MASTER PLAN.

§ 39-5.1 Preparation, Adoption and Reexamination.

[1999 Code § 18.12.010]

The Planning Board shall prepare and, after public hearing, adopt a Master Plan or component parts thereof, to guide the use of land within the Township in a manner which protects the public health and safety and promotes the general welfare. Such Master Plan shall be reexamined by the Planning Board at periodic intervals of not more than every six (6) years. Adequate provision for such reexaminations shall be made by the Township Council.

§ 39-5.2 Elements.

[1999 Code § 18.12.020]

The Master Plan shall generally comprise a report or statement on land use and development proposals, with maps, diagrams and text, presenting, where appropriate, the following elements:

A statement of objectives, principles, assumptions, policies and standards upon which the constituent proposals for the physical, economic and social development of the municipality are based;

A land use plan element which takes into account the other Master Plan elements and natural resource conditions, including but not necessarily limited to, topography, soil conditions, water supply, drainage, floodplain areas, marshes and woodlands, and showing the existing and proposed location, extent and intensity of development of land to be used in the future for varying types of residential, commercial, industrial, agricultural, recreational, educational and other public and private purposes or combinations of purposes, and including a statement of the standards of population density and development intensity recommended for the municipality;

A housing plan element, including but not limited to residential standards and proposals for the construction and improvement of housing;

A circulation plan element showing the location and types of facilities for all modes of transportation required for the efficient movement of people and goods into, about and through the municipality;

A utility service plan element analyzing the need for and showing the future general location of water supply and distribution facilities, drainage and flood control facilities, sewerage and waste treatment, solid waste disposal and provisions for other related utilities;

A community facilities plan element showing the location and type of educational or cultural facilities, historic sites, libraries, hospitals, firehouses, police stations and other related facilities, including their relation to the surrounding areas;

A recreation plan element showing a comprehensive system of areas and public sites for recreation;

A conservation plan element providing for the preservation, conservation and utilization of natural resources, including, to the extent appropriate, open space, water, forest, soil, marshes, wetlands, harbors, rivers and other waters, fisheries, wildlife and other natural resources;

Appendixes or separate reports containing the technical foundation for the Master Plan and its constituent elements.

§ 39-5.3 Subplans.

[1999 Code § 18.12.030]

The Master Plan and its plan elements may be divided into subplans and subplan elements projected according to periods of time or staging sequences.

§ 39-5.4 Policy Statements.

[1999 Code § 18.12.040]

The Master Plan shall include specific policy statements indicating the relationship of the proposed development of the municipality as developed in the Master Plan to the Master Plans of contiguous municipalities, to the Master Plan of the County in which the municipality is located and to any comprehensive guide plan.

§ 39-6 CAPITAL IMPROVEMENTS PROGRAM.

§ 39-6.1 Preparation of Program.

[1999 Code § 18.16.010]

The Planning Board shall prepare a program of municipal capital improvements and amendments thereto, which program shall be prepared within one (1) year of the enactment of this chapter and which shall be projected over a term of at least six (6) years. Such program may encompass major projects being currently undertaken or future projects to be undertaken with Federal, State, County and other public funds or under Federal, State or County supervision. The first year of such program shall, upon adoption by the Township Council, constitute the capital budget of the Township as required by N.J.S.A. 40A:4-43 et seq. The program shall classify projects in regard to the urgency and need for realization and shall recommend a time sequence for their implementation. The program may also contain the estimated cost of each project and indicate probable revenues, if any, as well as existing sources of funds or the need for additional sources of funds for the implementation and operation of each project. The program shall, as far as possible, be based on existing information in the possession of the departments, divisions and agencies of the Township and shall take into account public facility needs indicated by the prospective development shown in the Master Plan of the Township or as permitted by other municipal land use controls.

In preparing the program, the Planning Board shall confer, in a manner deemed appropriate by the Board, with the Mayor, the Chief Fiscal Officer, other municipal officials and agencies and the school board or boards. Any such program shall include an estimate of the displacement of persons and establishments caused by each recommended project.

In addition to any of the requirements in paragraph a. above, every municipal department, division, authority or agency shall; upon request of the Planning Board, transmit to the board a statement of all capital projects proposed to be undertaken by such municipal department, division, authority or agency during the terms of the program, for study, advice and recommendation by the Planning Board.

§ 39-6.2 Adoption of Program.

[1999 Code § 18.16.020]

Whenever the Planning Board has prepared a capital improvements program pursuant to subsection 39-6.1, it shall recommend such program to the Township Council, which council may adopt such program with any modification approved by the affirmative vote of a majority of the full authorized membership of the Township Council and with the reasons for the modification recorded in the minutes. Three (3) copies of the text of this chapter are on file in the office of the Municipal Clerk and are available for public inspection until final action is taken on the ordinance effectuating the readoption.

§ 39-6.3 Review of Capital Projects.

[1999 Code § 18.16.030]

Whenever the Planning Board shall have adopted any portion of the Master Plan, the Township Council or other public agency having jurisdiction over the subject matter, before taking action necessitating the expenditure of any public funds incidental to the location, character or extent of such project, shall refer the action involving such specific project to the Planning Board for review and recommendation in conjunction with such Master Plan and shall not act thereon without such recommendation or until forty-five (45) days have elapsed after such referral without receiving such recommendation from the Planning Board. This requirement will apply to action by a housing, parking, highway, special district or other authority, redevelopment agency, school board or other similar public agency, State, County or municipal.

§ 39-7 ZONING BOARD OF ADJUSTMENT.

§ 39-7.1 Establishment; Membership; Terms; Voting.

[1999 Code § 18.20.010]

There is established, pursuant to N.J.S.A. 40:55D-69, a Zoning Board of Adjustment, also known as the "Zoning Board" or the "Board of Adjustment," consisting of seven (7) regular and two (2) alternate members who shall be residents of the Township. Alternate members shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2."

The members of the Zoning Board of Adjustment shall be appointed by the Township Council. The terms of the members first appointed by the Mayor under this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four (4) years after their appointment and, in the case of alternate members, evenly over the first two (2) years after their appointment. Thereafter, the term of each member shall be four (4) years. No member may hold any elective office or position under the Township. No member shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest. A member may, after a public hearing if he or she requests it, be removed by the Township Council for cause. A vacancy occurring otherwise than by expiration of a term shall be filled for the unexpired term only.

When the hearing before the Zoning Board of Adjustment shall carry over two (2) or more meetings, a member of the Board who was absent for one (1) or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his or her absence from one (1) or more of the previous meetings; provided, however, that such Board member has available to him or her a transcript or recording of the meetings from which he or she was absent and certifies, in writing, to the Board that he or she has read such transcript or listened to such recording.

A member of the Zoning Board of Adjustment may, after a public hearing, be removed by the Township Council for cause. For the purpose of this section, "cause" shall be defined as any reason otherwise permitted by law or the terms of N.J.S.A. 40:55D-69 or the failure of any member, without being excused by a majority of the authorized membership of the Board, to attend and participate at meetings of the Board for a period of eight (8) consecutive weeks, or for four (4) consecutive regular meetings, whichever shall be of longer duration; provided, however, that the Zoning Board may only refuse to excuse such member with respect to those failures to attend and participate which are not due to legitimate illness.

All new and existing members of the zoning board shall be required to attend the annual two-part seminar offered by the Zoning Board attorney on New Jersey Zoning and Planning in or about the months of January and/or February of each year. Attendance by all new and existing Board members shall be mandatory since such seminar will include an update on all relevant zoning decisions from the prior year. The failure of any Board member to attend this training seminar may constitute "cause" for the removal of such member by the Township Council.

§ 39-7.2 Organization and Staff; Adoption of Rules and Regulations.

[1999 Code § 18.20.020]

The Board of Adjustment shall elect a chair and vice chair from its members and shall select a secretary who may or may not be a member of the Board of Adjustment or a municipal employee.

The Board of Adjustment may employ or contract for and fix the compensation of legal counsel other than the municipal attorney. The Zoning Board of Adjustment may also employ or contract for and fix the compensation of such experts and other staff and services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of gifts or grants, the amount appropriated by the Township Council for its use.

The Board of Adjustment shall adopt such rules and regulations as may be necessary to carry into effect the powers granted to it by this chapter.

§ 39-7.3 Powers and Duties.

[1999 Code § 18.20.030; Ord. No. O.1938-2016]

The Board of Adjustment shall have the power to:

Hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by the Director of Public Works or the Zoning Officer, based on or made in the enforcement of zoning ordinance of Edison Township;

Hear and decide, in accordance with the provisions of this chapter, requests for interpretation of the zoning map or zoning ordinance or for decisions upon other special questions upon which such Board is authorized to pass by the zoning ordinance;

Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situations or conditions of such piece of property, the strict application of any regulation pursuant to the zoning ordinance would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application so as to relieve such difficulties or hardship; provided, however, that no variance shall be granted under this subsection to allow a structure or use in a distinct restricted against such structure or use, and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board shall review a request for a variance pursuant to subsection 39-4.4g;

Grant a variance to allow a structure or use in a district restricted against such structure or use, in particular cases and for special reasons, but only by the affirmative vote of at least two-thirds (2/3) of the full authorized membership of the Board;

Grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to this chapter or conditional use approval pursuant to this chapter whenever the board of adjustment is reviewing an application for approval of a use variance pursuant to paragraph a3 above;

Direct the issuance of a permit, pursuant to Section 39-12, for a building or structure not related to a street;

Render advisory opinions regarding the interpretation, application and enforcement of the zoning ordinance upon request of the Planning Board or other Township officials.

No variance or other relief shall be granted under the terms of this section unless such variance or other relief can be granted without potential detriment to the public good and will not substantially impair the intent and purpose of the zone plan as contained in the Master Plan and in the zoning ordinance. Applications under this section may be referred by the Zoning Board to any appropriate person or agency for its report. No referral made by the Zoning Board hereunder, however, shall extend the period of time within which the Zoning Board shall act on any application.

The Zoning Board of Adjustment shall not grant any proposed waiver for a sidewalk within a two (2) mile radius of the perimeter of any school property line. For any proposed sidewalk waiver outside a two (2) mile radius of the perimeter of any school property line and for any other proposed waiver, the Zoning Board of Adjustment shall not grant any proposed waiver unless the proposed waiver is reasonable and within the general purposes and intent of the Code, and/or that literal enforcement of the Code is impractical and will exact undue hardship because of the peculiar conditions pertaining to a certain property and can be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the Township's Master Plan and Zoning Ordinances and redevelopment plan if applicable.

[Ord. No. O.1938-2016]

§ 39-7.4 Appeals and Applications.

[1999 Code § 18.20.040]

Appeals to the Board of Adjustment may be taken by an interested party affected by any decision of the Director of Public Works or Zoning Officer of the Township, based on or made in the enforcement of the zoning ordinance. Such appeal shall be taken within twenty (20) days by filing a notice of appeal with the Director of Public Works or Zoning Officer specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all paper constituting the record upon which the action appealed from was taken.

A developer may file an application for development to the Zoning Board of Adjustment for action under any of its other powers, without prior application to the administrative official.

An appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made, unless the administrative official from whose action the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him or her, that by reason of facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and upon due cause shown.

The Board of Adjustment may reverse or affirm, in whole or in part, or modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the administrative official from whom the appeal is taken.

§ 39-7.5 Time Limit for Decisions.

[1999 Code § 18.20.050]

The Board of Adjustment shall render a decision not later than one hundred twenty (120) days after the submission of a complete application for development for action by the Zoning Board under any of its powers, pursuant to subsection 39-7.4b. Failure of the Zoning Board to render a decision within such one hundred twenty (120) day period or within such further time as may be consented to by the applicant shall constitute either a decision favorable to the applicant or approval of the application, as the case may be. A certificate of the secretary of the Board of Adjustment as to the failure of the Board of Adjustment to act shall be issued on request of the applicant, and such certificate shall be sufficient in lieu of a 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.

Whenever review or approval of an application by the County Planning Board is required by N.J.S.A. 40:27-6.3 in the case of a subdivision or by N.J.S.A. 40:27-6.6) in the case of a site plan, the Zoning Board shall condition any approval that it grants upon the timely receipt of a favorable report on the application by the County Planning Board or upon approval by the County Planning Board by its failure to report thereon within the required time.

§ 39-7.6 Expiration of Variances.

[1999 Code § 18.20.060]

Any variance from the terms of this chapter hereafter granted by the Board of Adjustment permitting the creation or alteration of any structure or structures or permitting a specified use of any structure or any property in a district restricted against such use shall expire by limitation unless such construction or alteration or use shall have been actively commenced, as permitted by such variance, within three (3) years from the date of adoption of the resolution by the Zoning Board, except as otherwise provided for by the granting authority; provided, however, that the Zoning Board is granted the authority to grant a one-year extension, provided that the application for such extension shall give prior notice of this application requesting such extension to those persons entitled thereto pursuant to subsections 39-12.1 through 39-12.15; provided, however, that such period of limitation herein provided shall be tolled from the date of the appeal of the decision to any court of competent jurisdiction until the termination in any manner of such appeal or proceeding.

§ 39-8 SUBDIVISIONS AND SITE PLANS.

§ 39-8.1 Subdivision and Site Plan Ordinances.

[1999 Code § 18.24.010]

The Subdivision and Site Plan Ordinance of Edison Township is contained in Chapter 36.

§ 39-8.2 Approval of Subdivision Plat Required.

[1999 Code § 18.24.020]

No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the chair and secretary of the Planning Board or a certificate has been issued pursuant to Sections 35, 38, 44, 48, 54 or 63 of P.L. 1975, C. 291 (N.J.S.A. 40:55D-1 et seq.). The signatures of the chair and secretary of the Planning Board shall not be affixed until the developer has posted the guarantees required by this chapter. If the County Recording Officer records any plat without such approval, such recording shall be deemed null and void, and, upon request of the municipality, the plat shall be expunged from the official records. Furthermore, it shall be the duty of the County Recording Officer to notify the Planning Board, in writing, within seven (7) days of the filing of any plat, identifying such instrument by its title, date of filing and official number.

§ 39-8.3 Requirements for Development Application.

[1999 Code § 18.24.030]

Unless specifically exempted by this Code or N.J.S.A. 40:55D-1 et seq., all development applications shall require review and action by the Planning Board and/or the Board of Adjustment, as the case may be, prior to development.

All development applications, in addition to any other requirement provided for in this section or the Municipal Land Use Law, shall provide the following:

The location, size, SMYS (specified minimum yield strength), maximum allowable operating pressure, location class, as defined by the United States Department of Transportation in the State of New Jersey, and operating hoop stress in percentage of specified minimum yield strength of all pipelines located upon the subject property and as surveyed by a professional land surveyor licensed in the State of New Jersey;

The location of all on-site pipeline easements and rights-of-way;

The approximate location, based upon approximate field measurements supplied by the respective owner, and the size, operating pressure, location class, as defined by the United States Department of Transportation in the State of New Jersey, and operating hoop stress in percentage of specified minimum yield strength of all off-site pipelines within seventy-five (75) feet of the subject property;

The approximate location of all off-site pipeline easements and rights-of-way within seventy-five (75) feet of the subject property as depicted on Township tax maps or other documents accepted by the approving board;

Cross sections and profiles of the pipeline in areas of disturbance within seventy-five (75) feet of the pipeline, showing existing and proposed conditions and improvements.

§ 39-8.4 Time Periods for Site Plan Approvals.

[1999 Code § 18.24.040]

An application for development shall be deemed to be a complete application unless, within forty-five (45) days from the date of submission of such application for development, the applicant is notified, in writing, that the application is incomplete and stating reasons therefor. A development application requiring a variance shall grant the Planning Board ninety-five (95) days for review and decision from the date of the completed application.

Upon the submission to the administrative officer of the complete application for a site plan of ten (10) acres of land or less or ten (10) dwelling units or fewer, the Planning Board shall grant or deny site plan approval within forty-five (45) days of the date of such submission or within such further time as may be consented to by the applicant. Upon the submission of a complete application for a site plan of more than ten (10) acres or more than ten (10) dwelling units, the Planning Board shall grant or deny approval within ninety-five (95) days of the date of such submission or within such further time as may be consented to by the applicant. Otherwise, the Planning Board shall be deemed to have granted approval of the site plan.

§ 39-8.5 Time Periods for Subdivision Approvals.

[1999 Code § 18.24.050]

Minor Subdivisions. Minor subdivision approval shall be granted or denied within forty-five (45) days of the date of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the municipal agency to act within the period prescribed shall constitute minor subdivision approval, and a certificate shall be issued by the administrative officer upon the applicant's request. Such certificate shall be sufficient in lieu of a 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. Minor subdivision approval shall be deemed to be final subdivision approval by the Planning Board, provided that the Planning Board shall condition such approval upon terms ensuring the provision of improvements pursuant to Township ordinances.

County Planning Board Approval. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, the Municipal Planning Board shall condition any approval that it grants upon the timely receipt of a favorable report on the application by the County Planning Board or upon approval by the County Planning Board by its failure to report thereon within the required time period.

Approval of Minor Subdivisions. Approval of a minor subdivision shall expire one hundred ninety (190) days from the date of municipal approval unless and within such period a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the municipal Engineer and the Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the chairperson and the secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may be permitted, by ordinance, to accept a plat not in conformity with the Map Filing Act, N.J.S.A. 46:23-9.9 et seq., provided that if the developer chooses to file the minor subdivision, as provided herein, by plat rather than by deed, such plat shall conform with the provisions of said Act.

Zoning Requirements. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two (2) years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided in this section.

Procedure for Preliminary Subdivision Approval. An application for development shall be deemed to be a complete application unless, within forty-five (45) days from the date of submission of such application for development, the applicant is notified, in writing, that the application is incomplete and stating the reasons therefor.

Upon the submission of a complete application for a subdivision of ten (10) or fewer lots, the Planning Board shall grant or deny approval within forty-five (45) days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a subdivision of more than ten (10) lots, the Planning Board shall grant or deny approval within ninety-five (95) days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted approval of the subdivision.

§ 39-8.6 Time Periods for Final Approval.

[1999 Code § 18.24.060]

Final approval shall be granted or denied within forty-five (45) days after the submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute final approval, and a certificate of the administrative officer as to the failure of the Planning Board to act shall be issued on request of the applicant, and such certificate 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.

Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3 in the case of a subdivision or by N.J.S.A. 40:27-6.6 in the case of a site plan, the municipal Planning Board shall condition any approval that it grants upon the timely receipt of a favorable report on the application by the County Planning Board or upon approval by the County Planning Board by its failure to report thereon within the required time period.

§ 39-8.7 Effect of Preliminary Approval.

[1999 Code § 18.24.070]

Preliminary approval of a major subdivision pursuant to N.J.S.A. 40:55D-48 or of a site plan pursuant to N.J.S.A. 40:55D-46 shall, except as provided in subsection 39-8.5d, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size, yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to this chapter, except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;

That the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be;

That the applicant may apply for and the planning board may grant extensions on such preliminary approval for additional periods of at least one (1) year, but not to exceed a total extension of two (2) years, provided that if the design standards have been revised by ordinance, such revised standards may govern.

In the case of a subdivision of or site plan for an area of fifty (50) acres or more, the Planning Board may grant the rights referred to in paragraphs a1, a2 and a3 for such period of time longer than three (3) years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.

§ 39-8.8 Effect of Final Approval.

[1999 Code § 18.24.080]

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to N.J.S.A. 40:55D-49, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final approval, provided that, in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period prescribed in N.J.S.A. 40:55D-54. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in N.J.S.A. 40:55D-54, the Planning Board may extend such period of protection for extensions of one (1) year, but not to exceed three (3) extensions. Notwithstanding any other provisions, the granting of final approval terminates the time period of preliminary approval, pursuant to N.J.S.A. 40:55D-49, for the section granted final approval.

In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of fifty (50) acres or more or a conventional subdivision or site plan for one hundred fifty (150) acres or more, the Planning Board may grant the rights referred to in paragraph a. for such period of time longer than two (2) years as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the floor area remaining to be developed, economic conditions and the comprehensiveness of the development.

§ 39-8.9 Fees; Guarantees and Releases; Off-Tract Improvements; Inspections.

[1999 Code § 18.24.0190]

The fee schedule for development, guarantees and releases, off-tract improvements and inspections shall be as set forth in subsection 39-12.18 through subsection 39-12.23.

§ 39-9 (RESERVED)

§ 39-10 (RESERVED) [1]

[1]

Editor's Note: Former Section 39-10, Stormwater Management, previously codified herein and containing portions of 1999 Code §§ 18.26.010—1826.030 was repealed in its entirety by Ordinance No. O.1611-2008. See Chapter 34 for Stormwater Regulations.

§ 39-11 (RESERVED)

§ 39-12 ADMINISTRATION AND ENFORCEMENT.

§ 39-12.1 Applicability to Planning Board and Zoning Board of Adjustment.

[1999 Code § 18.28.010]

Unless otherwise expressly set forth in any particular section of this chapter, all provisions of this chapter shall apply uniformly to the Planning Board, the Zoning Board of Adjustment and, when acting pursuant to any authority conferred upon it by this chapter, also to the Township Council.

§ 39-12.2 Meetings.

[1999 Code § 18.28.020]

The Planning Board and Zoning Board of Adjustment shall, by their rules, fix the time and place for holding their regular meetings for business authorized to be conducted by such agencies. Regular meetings of such agencies shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process. The agency may provide for special meetings, to be held on notice to the agency's members and to the public in accordance with the provisions of the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq., and the agency's regulations. No action shall be taken at any meeting without a quorum being present. All actions shall be taken by a majority vote of a quorum except as otherwise required by this chapter. Nothing herein shall be construed to contravene any statute providing for procedures for Governing Bodies.

§ 39-12.3 Meetings to Be Open to Public.

[1999 Code § 18.28.030]

All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the provisions of the Open Public Meetings Act, P.L. 1975, c 231, and the agency's regulations.

§ 39-12.4 Hearings.

[1999 Code § 18.28.040]

The Township agency shall hold a hearing(s) on application for development, as required by subsection 39-12.6, and the adoption, revision or amendment of the Master Plan. A public hearing shall be required for all of the following classes of development application:

Any application which requires a variance;

Preliminary major subdivision applications;

All conditional uses;

Preliminary major site plan applications;

Minor subdivision applications.

In addition to the above cases of application requiring public hearing and notice as per subsection 39-12.6, all other classes of application, except sketch plats, final major subdivision and final site plan before the Planning Board, shall be reviewed and decided upon after public presentation by the applicant at a public meeting of the Board. No notice by the applicant, as set forth in subsection 39-12.6, shall be required for such applications.

The Board may hear comment and opinion from interested parties in attendance, further provided that the Board may require the applicant to present expert testimony pertaining to the application.

The Township agency shall make the rules governing hearings. Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection, at least ten (10) days before the date of the hearing, during normal business hours, in the office of the Director of Public Works. The applicant may produce other documents, records or testimony at the hearing to substantiate, clarify or supplement the previously filed maps and documents.

The officer presiding at the hearing or such person as he or she may designate shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, N.J.S.A. 2A:67A-1 et seq., shall apply.

The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.

Technical rules of evidence shall not be applicable to the hearing, but the chairperson of the agency may exclude irrelevant, immaterial or unduly repetitious evidence.

The Township agency shall provide for the verbatim recording of the proceedings by either stenographic or mechanical or electronic means. The Township agency shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party, at his expense, as set forth in this section.

Each decision on any application for development shall be in writing and shall include findings of fact and conclusions based thereon.

Copies of the decision shall be mailed by the secretary or Clerk of the Township agency, within ten (10) days of the date of decision, to the applicant or, if represented, then to his or her attorney, without separate charge, and to all who request a copy of the decision for a fee, as specified in this chapter. A copy of the decision shall also be filed by the Township agency in the office of the Township Clerk who shall make a copy of such filed decision available to any interested party for a fee, as specified in this chapter, and available for public inspection at his or her office during Township business hours.

A brief notice of the decision shall be published in the official newspaper of the Township. Such publication shall be made by the Township agency, provided that the applicant may, in any case, provide for publication of the decision. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision, whether arranged by the Township or the applicant.

§ 39-12.5 Notice of Hearings; Content.

[1999 Code § 18.28.050]

Notices pursuant to subsections 39-12.6 and 39-12.7 shall state the date, time and place of the hearing; the nature of the matters to be considered; and, in the case of notices pursuant to subsection 39-12.6, an identification of the property proposed for development by street address, if any, and by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's office; and the location and times at which maps and documents for which approval is sought are available pursuant to this chapter.

§ 39-12.6 Notice Requirements for Hearings.

[1999 Code § 18.28.060]

Whenever a hearing is required on an application for development, the applicant shall give notice thereof as follows:

Notice pursuant to paragraphs 2, 3, 5, 6, 7 and 8 below shall be given by the applicant not less than ten (10) days prior to the date of the hearing.

Public notice of hearing shall be made by the applicant and published in the official newspapers of the Township.

Notice of a hearing requiring public notice pursuant to paragraph 2. above shall be given by the applicant to the owners of all real property, as shown on the current tax duplicate, within two hundred (200) feet of the out boundaries of the site of development.

Upon the request of an applicant, the tax assessor shall, within seven (7) days, make and certify a list, from the current tax duplicate, of names and addresses of owners to whom the applicant is required to give notice pursuant to paragraph 3. above. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A fee of ten ($10.00) dollars shall be charged for such list.

Notice of all hearings on applications for development involving property located within two hundred (200) feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality.

Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing County road or proposed road, shown on the official County map or on the County Master Plan, adjoining other County land or situated within two hundred (200) feet of a municipal boundary. Such notice shall be accompanied by a copy of the application for development.

Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway, as such development affects access, drainage and utilities. Such notice shall be accompanied by a copy of the application for development.

Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning, New Jersey Department of Community Affairs, of a hearing on an application for development of property which exceeds one hundred fifty (150) acres of five hundred (500) dwelling units. Such notice shall be accompanied by a copy of the application for development.

Notice shall be given by personal service or certified mail to the appropriate official of the United States Soil Conservation Service district office of an application for development which exceeds five thousand (5,000) square feet of soil disturbance in accordance with the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.

10.

Notice shall be given by personal service or certified mail to the Commissioner of Environmental Protection, State of New Jersey, or any application for the development of property which involves a stream encroachment, as defined by N.J.S.A. 58:1-1 et seq., and of any application for development of property involving a floodway as designated by the State of New Jersey.

In the event that the applicant is required to give notice pursuant to this section, he or she shall file an affidavit of proof of notice and service of all of the aforesaid notices required for his or her particular application with the Township agency holding the hearing on the application for development.

§ 39-12.7 Notice Concerning Master Plan.

[1999 Code § 18.28.070]

The Planning Board shall give:

Public notice of a hearing on the adoption, revision or amendment of the Master Plan. Such notice shall be given by publication in the New Brunswick Home News and in the News Tribune, at least ten (10) days prior to the date of the hearing;

Notice by personal service or certified mail to the clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a Master Plan involving property situated within two hundred (200) feet of such adjoining municipality, at least ten (10) days prior to the date of any hearing;

Notice by personal service or certified mail to the County Planning Board of:

All hearings on the adoption, revision or amendment of the Township Master Plan, at least ten (10) days prior to the date of the hearing. Such notice shall include a copy of any proposed Master Plan or any revision or amendment thereto,

The adoption, revision or amendment of the Master Plan, not more than thirty (30) days after the date of such adoption, revision or amendment. Such notice shall include a copy of the Master Plan or revision or amendment thereto.

§ 39-12.8 Effect of Mailing Notice.

[1999 Code § 18.28.080]

Any notice made by certified mail pursuant to subsections 39-12.6 and 39-12.7 shall be deemed complete upon mailing.

§ 39-12.9 Notices of Hearing and Action on Development Regulations, Capital Improvement Programs and Official Map.

[1999 Code § 18.28.090]

Notice by personal service or certified mail shall be made to the clerk of an adjoining municipality of all hearings on the adoption, revision or amendment of a development regulation involving property situated within two hundred (200) feet of such adjoining municipality, at least ten (10) days prior to the date of any such hearing.

Notice by personal service or certified mail shall be made to the County Planning Board of all hearings on the adoption, revision or amendment of any development regulation at least ten (10) days prior to the date of the hearing and of the adoption, revision or amendment of the Township capital improvement program or Township official map not more than thirty (30) days after the date of such adoption, revision or amendment. Any notice provided hereunder shall include a copy of the proposed development regulation, the municipal official map or the Township capital improvement program, or any proposed revision or amendment thereto, as the case may be.

Notice of hearings to be held pursuant to this section shall state the date, time and place of the hearing and the nature of the matters to be considered. Any notice by certified mail pursuant to this section shall be deemed complete upon mailing.

§ 39-12.10 Filing of Development Regulations.

[1999 Code § 18.28.100]

The Township Clerk shall file with the County Planning Board, as soon after passage as possible, all development regulations, including this one, and any amendments or revisions thereto and shall file and maintain for public inspection copies of the regulations in his or her office.

§ 39-12.11 Appeals to Township Council.

[1999 Code § 18.28.110]

Any applicant or interested party may appeal a final decision of the Board of Adjustment on a use variance to the Township Council. The appeal and procedure shall be as set forth in N.J.S.A. 40:55D-17, as amended.

§ 39-12.12 Enforcement.

[1999 Code § 18.28.120]

In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the Mayor, any Township official, elected or appointed, or any interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of such building, structure or land or to prevent any illegal action, conduct, business or use in or about such premises.

§ 39-12.13 Tolling of Period of Approval.

[1999 Code § 18.28.130]

In the event that during the period of approval heretofore or hereafter granted to an application for development, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any State agency, political subdivision or other party to protect the public health or welfare, and the developer is otherwise ready, willing and able to proceed with the development, the running of the period of approval under this chapter shall be suspended for the period of time the legal action is pending or such directive or order is in effect.

§ 39-12.14 Conditional Approvals.

[1999 Code § 18.28.140]

In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any State agency, political subdivision or any other party to protect the public health and welfare or by a directive or order issued by any State agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the municipal agency shall process such application for development in accordance with this chapter, and, if such application for development complies with the requirements of this chapter, the approving authority shall approve such application conditioned on the removal of such legal barrier to development.

In the event that development proposed by an application for development requires an approval by a governmental agency other than the approving authority, the approving authority shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the approving authority shall make a decision on any application for development within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant, unless the approving authority is prevented or relieved from so acting by the operation of law.

§ 39-12.15 Technical Review Committee.

[1999 Code § 18.28.150; Ord. No. O.1521-2006; Ord. No. O.1547-2007]

Establishment.

There is established a Technical Review Committee (TRC) which shall review all applications for development presented to the Planning Board or Zoning Board of Adjustment pertaining to site plans and subdivisions, which may include conditional use applications. The TRC shall consist of the administrative officer, two (2) members of the Planning Board appointed by its chair, two (2) members of the Zoning Board of Adjustment appointed by its chair, one (1) member of the Environmental Commission, appointed by its chair, one (1) citizen representative appointed by the Mayor, with advice and consent of the Township Council, and one (1) member of the Emergency Management Office, all of whom shall be residents of the Township.

The Technical Review Committee shall be subject to the provision of the Open Public Meetings Act and shall annually publish a notice of all regularly scheduled meetings.

Terms of Office.

The terms of the members shall be for one (1) year after appointment or shall terminate at the completion of their respective terms of office, whichever occurs first.

If a vacancy shall occur otherwise than by expiration of the members' term of office, the position shall be filled by appointment as provided herein for the time period of the unexpired term.

No member of the Committee shall be permitted to act on any matter in which he or she has either any direct or indirect personal or financial interest.

Organization and Staff.

The Technical Review Committee shall elect a chair and vice-chair from the members of the Committee.

The Technical Review Committee may employ, or contract for, and fix the compensation of consultant experts and other staff and services as it may deem necessary, the cost for which shall be borne by applicants and paid for out of the escrow account established pursuant to Township ordinance.

Powers and Duties. The technical review committee shall have the power to:

Determine the completeness of all major applications presented before it, in accordance with the provisions of Chapter 36, of the land development regulations of the Township;

Determine the compliance of all major applications presented before it in accordance with the provisions of Chapters 25, 36, 37 and 39;

Review, comment on and make recommendations to the applicable reviewing board by the professional staff with regard to the design and technical aspects of all applications presented before it;

The professional staff shall make recommendations to the applicable reviewing board, where appropriate, for action to be taken regarding the waiver of particular technical requirements or imposition of design standards;

Require any major application for development to be resubmitted to the committee for subsequent review if determined to be incomplete or not in compliance with the provisions of the land development regulations of the Township;

Review and comment on such other matters as may be requested by the Planning Board or Zoning Board of Adjustment;

Grant or deny any applications submitted to it seeking a waiver of the requirement to install sidewalks, curbs, and gutters pursuant to Chapter 36, subsection 36-11.2, paragraph h.

Application Submission and Review Procedure.

The Technical Review Committee, in accordance with the provisions of paragraph d., shall review all development applications presented to it.

For an application to be reviewed by the Technical Review Committee, all of the documents which constitute a complete application must be received by the administrative officer at least thirty-five (35) days prior to the date of the scheduled technical review committee meeting. All revisions to documents which are part of an application certified to be complete must also be submitted no later than at least ten (10) days prior to the date of a subsequent Technical Review Committee meeting at which such revisions are to be reviewed. All time frames set forth herein shall be deemed of the essence for purposes of compliance.

No application for development shall be scheduled for review by the Planning Board or Board of Adjustment until such time as the Technical Review Committee has deemed it complete and has certified, that the applicant has complied with all of the provisions of the land development regulations of the Township. Waiver of the above may only occur in the event that the Technical Review Committee determines that any particular recommendation(s) and/or requirement(s) cannot be addressed prior to a public hearing by the appropriate reviewing board.

§ 39-12.16 Permits and Certificates; Building Lot to Abut Street; Exception.

[1999 Code § 18.28.160; Ord. No. O.1603-2007§ I]

No permit for the erection of a building or structure shall be issued unless the lot abuts an approved street giving access to such proposed building or structure.

Where the enforcement of paragraph a. above requiring a building lot to abut a street would entail practical difficulty or unnecessary hardship or where the circumstances of the case do not require the building or structure to be related to a street, the Board of Adjustment or Planning Board, as the case may be, may, upon application, vary the application of this subsection and grant the issuance of a permit, subject to conditions, if warranted. Section 39-5 and subsection 39-7.4 shall apply to applications or appeals pursuant to this subsection.

An individual seeking to construct a new home on a conforming lot, not forming part of any subdivision, shall install sidewalks, curbs, gutters and drywells unless the owner thereof can demonstrate to the reasonable satisfaction of the Township Engineer that the installation of one (1) or more of these improvements is not practicable under the circumstances. The decision of the Township Engineer shall be binding upon the property owner. Any waiver granted by the Township Engineer shall be conditioned upon the payment by the property owner of a sum equal to the cost of the installation of the sidewalks, curbs, gutters and drywells (or any of these items so waived) which would otherwise have to be installed. The calculation of the payment shall be based upon estimates prepared by the property owner or its engineer and submitted to the Township Engineer for review and approval. The funds shall be deposited into the Township's general operating account and be realized as general revenue of the Township.

No permit for the erection of a building or structure which does not require subdivision or site plan approval shall be issued for any lot unless and until the applicant shall submit a site grading plan which shall be approved by the Township Engineer, unless the same is waived by the Planning Board.

§ 39-12.17 Conditional Building Permits.

[1999 Code § 18.28.170]

No building permit shall be issued in any instance where final site plan or final subdivision approval is required, except that issuance of permits for site development, including clearing and grading, is permitted subject to the requirements of Chapter 36.

§ 39-12.18 Schedule of Application Fees.

[1999 Code § 18.28.180; Ord. No. O.1547-2007; Ord. No. O.1574-2007§ 1]

Purpose.

The fees listed below, for applications for the rendering of any approval by the Planning Board or the Zoning Board of Adjustment or for any administrative staff for the enforcement of Chapters 36 and 37, are required in order to defray the costs incurred by the Township. Every application for development shall be accompanied by a check payable to the Township. The application fee is a flat charge to cover direct administrative expenses and is nonrefundable.

All fees set forth are for various application types, and if an application has a request for approval of more than one (1) type, the fee to be paid shall be equal to the sum of the fee for each type of application.

Application for Subdivision. The fees for applications for subdivision shall be as follows:

Minor subdivision plat: three hundred ($300.00) dollars, plus an additional fifteen ($15.00) dollars per lot proposed to be created.

Preliminary subdivision plat: five hundred ($500.00) dollars, plus an additional fifteen ($15.00) dollars per lot to be created.

Final subdivision plat: three hundred ($300.00) dollars, plus an additional fifteen ($15.00) dollars per lot proposed to be created.

Concept plat: two hundred ($200.00) dollars.

Resubmission of any revised plan: one-third (1/3) of the original submission fee.

Application for Site Plans. The fees for application for site plans shall be as follows:

Minor site plan: three hundred ($300.00) dollars.

Preliminary site plan: five hundred ($500.00) dollars; plus:

(a)

For nonresidential preliminary site plans:

(1)

A sum equal to three ($0.03) cents per square foot of building area for the first ten thousand (10,000) feet of building, plus

(2)

A sum equal to one ($0.01) cent per square foot of building area for the next ninety thousand (90,000) square feet of building area, plus

(3)

A sum equal to five-tenths ($0.005) cent per square foot of a building area for all square footage of building area in excess of one hundred thousand (100,000) square feet;

(b)

For residential preliminary site plans:

(1)

Ten ($10.00) dollars per unit to be developed up to five hundred (500) units.

(2)

Five ($5.00) dollars per unit for every unit to be developed over five hundred (500) units.

Final site plan: three hundred ($300.00) dollars or one third (1/3) of the fee paid for preliminary site plan application, whichever is greater.

Concept site plan: two hundred ($200.00) dollars.

General development plan: three hundred ($300.00) dollars.

Resubmission of any revised plan: one-third (1/3) of the original submission fee.

Variances, Appeals, Vacations and Interpretations. The fees for variances, appeals and interpretations shall be as follows:

Appeals per N.J.S.A. 40:55D-70a: one hundred ($100.00) dollars.

Interpretations per N.J.S.A. 40:55D-70b: seventy-five ($75.00) dollars.

Hardship (bulk variances) per N.J.S.A. 40:55D-70c: one hundred twenty-five ($125.00) dollars per variance.

Use variance per N.J.S.A. 40:55D-70d: two hundred fifty ($250.00) dollars per variance.

Permit per N.J.S.A. 40:55D-34 and 40:55D-35: one hundred fifty ($150.00) dollars.

Appeal to Township Council: two hundred fifty ($250.00) dollars.

Conditional use application: two hundred ($200.00) dollars (in addition to any other site plan or subdivision fees which may also be required).

Request for rezoning: five hundred ($500.00) dollars for any rezoning request made by a property owner (other than for a rezoning initiated by the Township or any of its constituent boards, bodies or agencies).

Request by private property owners for the vacation of a public road or portion thereof pursuant to N.J.S.A. 40:67-21: One hundred ($100.00) dollars. No such application fee shall be required if the vacation is initiated by the Township.

Other Fees. Other fees shall be as follows:

For a certified list of property owners: twenty-five ($0.25) cents per name or ten ($10.00) dollars, whichever is greater.

For a copy of transcripts prepared at cost to the Township: one dollar and fifty ($1.50) cents per page for first copy of the page, plus fifty ($0.50) cents per copy of each additional copy of the page. The estimated amount of the cost shall be deposited into an escrow account.

Copy of minutes or decisions:

(a)

One (1) to ten (10) copies: fifty ($0.50) cents per page.

(b)

Eleven (11) to twenty (20) copies: twenty-five ($0.25) cents per page.

(c)

Twenty-one (21) plus copies: ten ($0.10) cents per page.

Capital project review: one hundred ($100.00) dollars.

Waiver request of Township design standards: seventy-five ($75.00) dollars per each standard waiver requested.

Payment of Fees. All fees listed above shall be paid to the Edison Township administrative officer at the time of the application.

Miscellaneous.

Where one (1) application for development includes several approval requests, the sum of the individual required fees shall be paid.

Each applicant for subdivision or site plan approval shall agree, in writing, to pay all reasonable costs for professional review of the application, including costs incurred with any informal review of a concept plan which may have preceded the submission of a preliminary application. Additionally, each applicant shall agree, in writing, to pay all reasonable costs for the municipal inspection of the constructed improvement. All such costs for review and inspection must be paid before any construction permit is issued, and all remaining costs must be paid in full before any occupancy of the premises is permitted or a certificate of occupancy issued.

If an applicant desires a court reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript to the Township shall be at the expense of the applicant, who shall arrange for the reporter's attendance. One (1) copy of each transcript prepared shall be made available to the Township at no cost to the Township.

Notwithstanding any other provision of this chapter, a waiver of not more than fifty (50%) percent of all municipal subdivision and site plan application fees may be granted by the approving municipal agency for all housing units being provided by the applicant for low- and moderate-income families.

§ 39-12.19 Guarantees Required; Surety; Release.

[1999 Code § 18.28.190; Ord. No. O.2000-2018]

Before filing of final subdivision plats or recording of minor subdivision deeds or as a condition of final site plan approval or as a condition to the issuance of a zoning permit the Township may require and shall accept in accordance with the standards adopted by this subsection, and regulations adopted pursuant to N.J.S.A. 40:55D-53a for the purpose of assuring the installation and maintenance of certain on-tract improvements, the furnishing of a performance guarantee, and provision for a maintenance guarantee in accordance with paragraphs 1 and 2. For any successor developer, as a condition to the approval of a permit update under the State Uniform Construction Code, for the purpose of updating the name and address of the owner of property on a construction permit, the Township Council shall accept in accordance with the standards adopted by this subsection for the purpose of assuring the installation and maintenance of certain on-tract improvements, the furnishing of a performance guarantee, and provision for a maintenance guarantee, in accordance with paragraphs 1 and 2.

(a)

The developer shall furnish a performance guarantee in favor of the Township in an amount not to exceed one hundred twenty (120%) percent of the cost of installation of only those improvements required by an approval or developer's agreement, ordinance, or regulation to be dedicated to a public entity, and that have not yet been installed, which cost shall be determined by the Township Engineer, according to the method of calculation set forth in N.J.S.A. 40:55D-53.4, for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, street lighting, street trees, surveyor's monuments, as shown on the final map and required by "the map filing law" (N.J.S.A.46:26B-1 through N.J.S.A. 46:26B-8), water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements.

The Township Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.

(b)

The Township may also require a performance guarantee to include, within an approved phase or section of a development privately-owned perimeter buffer landscaping, as required by local ordinance or imposed as a condition of approval.

At the developer's option, a separate performance guarantee may be posted for the privately-owned perimeter buffer landscaping.

(c)

In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee," in favor of the Township in an amount equal to one hundred twenty (120%) percent of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a "temporary certificate of occupancy guarantee," all sums remaining under a performance guarantee, required pursuant to subparagraph (a) of this paragraph, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released.

The scope and amount of the "temporary certificate of occupancy guarantee" shall be determined by the Township Engineer. At no time may the Township hold more than one guarantee or bond of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the Township 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.

(d)

A developer shall furnish to the Township a "safety and stabilization guarantee," in favor of the Township. At the developer's option, a "safety and stabilization guarantee" may be furnished either as a separate guarantee or as a line item of the performance guarantee. A "safety and stabilization guarantee" shall be available to the Township solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:

(1)

site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least sixty (60) consecutive days following such commencement for reasons other than force majeure, and

(2)

work has not recommenced within thirty (30) days following the provision of written notice by the Township to the developer of the Township's intent to claim payment under the guarantee. The Township shall not provide notice of its intent to claim payment under a "safety and stabilization guarantee" until a period of at least sixty (60) days has elapsed during which all work on the development has ceased for reasons other than force majeure. The Township shall provide written notice to a developer by certified mail or other form of delivery providing evidence of receipt.

The amount of a "safety and stabilization guarantee" for a development with bonded improvements in an amount not exceeding one hundred thousand ($100,000.00) dollars shall be five thousand ($5,000.00) dollars.

The amount of a "safety and stabilization guarantee" for a development with bonded improvements exceeding one hundred thousand ($100,000.00) dollars shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows: five thousand ($5,000.00) dollars for the first one hundred thousand ($100,000.00) dollars of bonded improvement costs, plus two and a half percent of bonded improvement costs in excess of one hundred thousand ($100,000.00) dollars up to one million ($1,000,000.00) dollars, plus one percent of bonded improvement costs in excess of one million ($1,000,000.00) dollars.

The Township shall release a separate "safety and stabilization guarantee" to a developer upon the developer's furnishing of a performance guarantee which includes a line item for safety and stabilization in the amount required under this paragraph, or upon the Township Engineer's determination that the development of the project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.

(a)

The developer shall post with the Township, prior to the release of a performance guarantee required pursuant to subparagraph (a), subparagraph (b), or both subparagraph (a) and subparagraph (b) of paragraph (1) of this subsection, a maintenance guarantee in an amount not to exceed fifteen (15%) percent of the cost of the installation of the improvements which are being released.

(b)

If required, the developer shall post with the Township, upon the inspection and issuance of final approval of the following private site improvements by the Township Engineer, a maintenance guarantee in an amount not to exceed fifteen (15%) percent of the cost of the 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, if any, which cost shall be determined by the municipal engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4.

(c)

The term of the maintenance guarantee shall be for a period not to exceed two (2) years and shall automatically expire at the end of the established term.

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 guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Township for such utilities or improvements.

The time allowed for installation of the bonded improvements for which the performance guarantee has been provided may be extended by the Township Council by resolution. 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 one hundred twenty (120%) percent of the cost of the installation, which cost shall be determined by the Township Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 as of the time of the passage of the resolution.

If the required bonded 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.

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 Council 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. of this section, a list of all uncompleted or unsatisfactory completed bonded 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 bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon the Township Engineer shall inspect all bonded improvements covered by obligor's request and shall file a detailed list and report, in writing, with the Township Council, and shall simultaneously send a copy thereof to the obligor not later than forty-five (45) days after receipt of the obligor's request.

The list prepared by the Township Engineer shall state, in detail, with respect to each bonded 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 bonded improvement determined to be unsatisfactory.

The report prepared by the Township Engineer shall identify each bonded 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 bonded improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to subsection a. of this section.

The Township Council, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Township Engineer, or reject any or all of these bonded 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. of this section. This resolution shall be adopted not later than forty-five (45) days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Council, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that thirty (30%) percent of the amount of the total performance guarantee and "safety and stabilization guarantee" posted may be retained to ensure completion and acceptability of all improvements

The "safety and stabilization guarantee" shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction. For the purpose of releasing the obligor from liability pursuant to its performance guarantee the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to subsection a. of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed seventy (70%) percent of the total amount of the performance guarantee, then the Township may retain thirty (30%) percent of the amount of the total performance guarantee and "safety and stabilization guarantee " to ensure completion and acceptability of bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a "temporary certificate of occupancy guarantee" has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the Township below (30%) percent.

If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to subsection d. of this section within forty-five (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 Council fails to approve or reject the bonded improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within forty-five (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. of this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

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 subsection 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, provided that if the developer has furnished a "safety and stabilization guarantee," the Township may retain cash equal to the amount of the remaining "safety and stabilization guarantee."

If any portion of the required bonded improvements is rejected, the Township Engineer may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this section shall be followed.

Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Township Council or the Township Engineer.

The obligor shall reimburse the Township for reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements; which fees shall not exceed the sum of the amounts set forth in subparagraphs (a) and (b) of this paragraph. The Township may require the developer to post the inspection fees in escrow in an amount:

(a)

not to exceed, except for extraordinary circumstances, the greater of five hundred ($500.00) dollars or five (5%) percent of the cost of bonded improvements that are subject to a performance guarantee under subparagraph (a), subparagraph (b), or both subparagraph (a) and subparagraph (b) of paragraph 1. of subsection a. of this section; and

(b)

not to exceed five (5%) percent of the cost of private site improvements that are not subject to a performance guarantee under subparagraph (a) of paragraph 1. of subsection a. of this section, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.

For those developments for which the inspection fees total less than ten thousand ($10,000.00) dollars, fees may, at the option of the developer, be paid in two (2) installments. The initial amount deposited in escrow by a developer shall be fifty (50%) percent of the inspection fees. When the balance on deposit drops to ten (10%) percent of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspections, the developer shall deposit the remaining fifty (50%) percent of the inspection fees.

For those developments for which the inspection fees total ten thousand ($10,000.00) dollars or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited in escrow by a developer shall be twenty-five (25%) percent of the inspection fees. When the balance on deposit drops to ten (10%) percent of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspection, the developer shall make additional deposits of twenty-five (25%) percent of the inspection fees.

If the Township determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to subparagraphs (a) and (b) of paragraph 1. of this subsection, is insufficient to cover the cost of additional required inspections, the Township may require the developer to deposit additional funds in escrow provided that the Township delivers to the developer a written inspection escrow deposit request, signed by the Township Engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.

In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-38(a), the provisions of this section shall be applied by stage or section.

To the extent that any of the improvements have been dedicated to the Township on the subdivision plat or site plan, the Township Council shall be deemed, upon the release of any performance guarantee required pursuant to subsection a. of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the Township Engineer.

§ 39-12.20 Special Meetings of Boards.

[1999 Code § 18.28.200]

Upon request of the applicant, the Planning or Zoning Board of Adjustment may call for a special meeting to conduct a public hearing or otherwise consider an application for development, provided that, in such event, the applicant shall pay a fee of one thousand ($1,000.00) dollars to the Township to defray the costs associated with attendance of the Planning Board or Zoning Board of Adjustment staff.

§ 39-12.21 Off-Tract Improvements.

[1999 Code § 18.28.210]

Improvements to be Constructed at the Sole Expense of the Applicant. In cases where the need for an off-tract improvement is created by the proposed subdivision or site plan and where no other property owners receive a special benefit thereby, the Board may recommend to the Governing Body that it require the applicant, as a condition for subdivision or site plan approval, at the applicant's expense, to acquire lands outside of the subdivision or tract and improve and dedicate such lands to the municipality or the County or, in lieu thereof, require the applicant to deposit with the municipality a sum of money sufficient to allow the municipality to acquire and to improve such lands.

Other Improvements.

In cases where the need for any off-tract improvement is created by the proposed subdivision or site plan and where the Board determines that properties outside the subdivision or tract will also be benefited by the improvement, the Board shall forthwith forward to the Governing Body a list and description of all such improvements, together with its request that the Governing Body determine and advise the Board of the procedure to be followed in the construction or installation thereof. The Board shall defer final action upon the subdivision or site plan until receipt of the Governing Body's determination or until the expiration of ninety (90) days after the forwarding of such list and description to the Governing Body without such determination having been made, whichever occurs sooner.

The Governing Body, within ninety (90) days after receipt of said list and description, shall determine and advise the Board whether:

(a)

The improvement or improvements are to be constructed or installed by the municipality:

(1)

As a general improvement, the cost of which is to be borne at general expense (except as hereinafter otherwise provided as the applicant's pro rata share); or

(2)

As a local improvement, all or part of the cost of which is to be specially assessed against the properties benefited thereby, in proportion to the benefits conferred by the improvements in accordance with N.J.S.A. 40:56-1 et seq., except as hereinafter otherwise provided as the applicant's pro rata share pursuant to as hereinafter provided.

(b)

The improvement or improvements are to be constructed or installed by the applicant under a formula for partial reimbursement as hereinafter set forth.

If the Governing Body shall determine that the improvement or improvements shall be constructed or installed under paragraph b2(a)(1) above, the board shall estimate, with the aid of the Municipal Engineer or such other persons as have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the subdivision or tract, will be specially benefited thereby, and the applicant shall be liable to the municipality for such excess. Further, the Governing Body shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements in a manner consistent with the obligation of the applicant for any excess of total cost over the total benefits conferred, as set forth above.

If the Governing Body shall determine that the improvement or improvements shall be constructed or installed under paragraph b2(a)(2) above, the Board shall, as provided in paragraph b3 above, estimate the difference between the total costs to be incurred and the total amount by which all properties, including the subdivision property or tract, will be specifically benefited by the improvement, and the applicant shall be liable to the municipality therefor, as well as for the amount of any special assessments against the subdivision property or tract for benefits conferred by the improvement or improvements and the assessment of benefits arising therefrom, in a manner consistent with the accordance with N.J.S.A. 40:56-1 et seq., except to the extent modified by the obligation of the applicant for any excess of total costs over total benefits conferred, as set forth above.

If the Governing Body shall determine that the improvement or improvements are to be constructed or installed by the applicant under paragraph b2(b), the Board shall, in like manner, estimate the amount of such excess. The applicant shall be liable to the municipality therefor, as well as for the amount of any special assessments against the subdivision property or tract for benefits conferred by the improvement or improvements. However, the applicant shall be entitled to be reimbursed by the municipality for the amount of any special assessments against property other than the subdivision property or tract for benefits conferred by the improvement or improvements. Proceedings under said ordinance shall be in accordance with N.J.S.A. 40:56-1 et seq. However, any such assessment against the subdivision property or tract shall be marked "paid" and satisfied in consideration of the construction or installation of the improvement or improvements by the applicant.

If the Governing Body shall not adopt such an ordinance or resolution within said time, the final subdivision layout or site plan shall be designed accordingly, and the Board shall thereupon grant or deny final approval.

Performance Guaranty. The applicant shall be required to provide, as a condition for final approval of the applicant's subdivision or site plan application, a performance guaranty running to the municipality as follows:

If the improvement is to be constructed by the applicant under paragraph a. or under paragraph b2(b) above, a performance bond with surety in an amount equal to one hundred twenty (120%) percent of the estimated cost of the improvement or, as to any part of the improvement that is to be acquired or installed by the municipality under said paragraph a., a cash deposit equal to the estimated cost of such acquisition or installation by the municipality.

If the improvement is to be constructed by the municipality as a general improvement under paragraph b2(a)(1), a cash deposit equal to the amount of the excess of the estimated cost of the improvement over the estimated total amount by which all properties, including the subdivision property or tract, will be specially benefited thereby.

If the improvement is to be constructed by the municipality as a local improvement under paragraph b2(a)(2), a cash deposit equal to the amount by which the subdivision property or tract will be specially benefited by the improvement.

Refund of Deposit Where Improvements are not Authorized Within Ten (10) Years. In any case in which an applicant shall deposit money with the municipality for the completion of an improvement that is to be constructed pursuant to this chapter by the municipality, the applicant shall be entitled to a full refund of such deposit if the Governing Body shall not have enacted an ordinance authorizing the improvement within ten (10) years after the date of all other improvement are completed.

Deposit of Funds. All moneys paid by an applicant pursuant to this chapter shall be deposited with the municipality, and a suitable depository shall be established for such moneys. Such funds shall be used only for the improvements for which they are deposited or improvements serving the same purpose.

Redetermination of Assessment Upon Completion of Improvement. Upon the completion of off-tract improvements required pursuant to this section, the applicant's liability hereunder shall be recalculated in accordance with the actual, as compared with the estimated, cost of the improvements. To the extent that it shall decrease the amount thereof, the municipality shall forthwith refund the amount of such decrease to the applicant. In cases where improvements are specially assessed against all benefited properties, recalculation shall be made by the municipal assessing authority in the course of the special assessment proceedings. In other cases, it shall be made by the Municipal Engineer.

Governing Body Approval Required. All estimates required to be made by the Board herein shall be reviewed and approved by the Governing Body.

§ 39-12.22 Inspections and Tests.

[1999 Code § 18.28.220]

All improvements and utility installations shall be inspected during the time of their installation under the supervision of the Municipal Engineer or a qualified representative to ensure satisfactory completion. The cost of the inspection shall be the responsibility of the applicant. The applicant shall deposit with the custodian of the professional escrow account a sum equal to five (5%) percent of the amount of the total improvement cost of the project. Such funds shall be used by the municipality only for purposes relating to the application and shall be expended only for the actual outlays incurred as a result of the application. If actual inspection costs based upon time and expense records are less than the five (5%) percent deposited, the balance shall be returned to the applicant.

In no case shall any paving work, including prime and seal costs, be commenced without permission from the Municipal Engineer. At least two (2) days' notice shall be given to the Municipal Engineer prior to any such construction so that the Municipal Engineer or a qualified representative may be present at the time the work is to be done.

The Municipal Engineer's office shall be notified after each of the following phases of the work has been completed so that the Municipal Engineer or a qualified representative may inspect the work:

Road subgrade;

Curb and gutter forms;

Curbs and gutters;

Road paving;

Sidewalk forms;

Sidewalks;

Drainage pipes and other drainage or flood-control facilities;

Street name signs;

Monuments;

10.

Soil disturbance activities;

A final inspection of all improvements and utilities will be initiated within ten (10) days of written notification by the applicant, to determine whether the work is satisfactory and in agreement with the approved final drawings and the municipal specifications. The general condition of the site shall be considered. Upon a satisfactory final inspection report, action shall be taken to release or declare in default the performance guaranty covering such improvements and utilities.

Inspection by the municipality of the installation of improvements and utilities shall not operate to subject the municipality to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter. It shall be the responsibility of the applicant and the applicant's contractors, if any, to maintain safe conditions at all times during construction and to provide proper utilities and improvements.

Upon the substantial completion of all required appurtenant utility improvements and the connection of the same to the public system, the obligor may notify the Governing Body, in writing, by certified mail addressed in care of the Municipal Clerk, of the completion or substantial completion of the improvements and shall simultaneously send a certified copy thereof to the Municipal Engineer. As-built plans must be presented to the Municipal Engineer before improvements can be inspected. Within ten (10) working days of receipt of the notice and the as-built plans, the Municipal Engineer shall inspect all of the improvements of which such notice has been given and file a detailed report, in writing, with the Governing Body, indicating either approval, partial approval or rejection of such improvements, with a statement of the reasons for any rejection. The costs of the improvements as approved or rejected shall be set forth.

The Municipal Council may reduce by fifty (50%) percent the fees to be imposed by this section for the connection to the sewer system of any commercial or industrial building or structure which is located within a designated "area in need of rehabilitation and development" in accordance with this Code and which is subject to a tax abatement agreement with the Township as authorized by this Code and N.J.S.A. 40A:21-1, et seq. "The Five Year Exemption and Abatement Law."

§ 39-12.23 Schedule of Escrow Deposit Fees.

[1999 Code § 18.28.230; Ord. No. O.1525-2006; Ord. No. O.1547-2007; Ord. No. O.1574-2007§ 2]

The escrow deposit fees are established to cover the costs of professional services, including but not limited to: engineering, legal, planning, landscaping, traffic, environmental and other expenses incurred by the Township for the review of submitted materials for specific development applications.

Escrow Deposits for Professional Services.

The Township, acting through its Planning board and/or board of adjustment shall require fees for technical and/or professional services and testimony employed to the Board in reviewing an application. Fees required for this purpose shall be held in an escrow account by the Township.

Fees for technical and/or professional services shall be in addition to any and all other required fees.

The applicant shall pay for professional review services which are reasonably necessary for the review, processing, research and/or memorialization of any application for development. These services may include, but need not be limited to, an attorney, professional planner, professional engineer, traffic engineer, environmental consultant and/or other professional as deemed reasonable and necessary by the reviewing board.

If the Board determines that because of the complexity of an application, the services of a traffic engineer or professional other than engineer, planner and attorney are needed, an additional escrow fee equal to the cost of the services may be required before the next scheduled hearing.

All costs for the review and inspection of any application for development shall be paid before any construction permit is issued, and all remaining costs shall be paid in full before an occupancy of the premises is permitted or a certificate of occupancy issued.

The review services of these professionals shall be charged at the hourly rate authorized or paid by the Township for professional services based upon the current fee schedule.

Each applicant shall provide the Township with a Federal tax identification number or Federal social security number.

All payments charged to the individual application escrow deposit shall be pursuant to charges from the professionals stating the hours spent, the hourly rate and the expenses incurred. The municipality shall render a written final accounting to the developer on the uses to which the escrow deposit was put. Thereafter, the municipality shall, upon written request, provide copies of the vouchers to the developer.

If the salary, staff support and overhead for a professional review are provided by the municipality, the charge to the escrow deposit shall not exceed two hundred (200%) percent of the sum of the products resulting from multiplying the hourly base salary of each of the in-house professionals and support staff by the number of hours spent on the respective review of the application for development. For other professionals, the charge to the deposit shall be at the same rate as all other work of the same nature by the professionals for the municipality.

Exception from Escrow Deposit Requirements.

A waiver of not more than fifty (50%) percent of all municipal subdivision, site plan and/or variance escrow fees may be granted by the approving municipal agency for all housing units being provided by the applicant for low- and moderate-income families consistent with the criteria established by the New Jersey Council on Affordable Housing.

Residential fencing, decks, pools and minor residential building additions of less than three hundred (300) square feet gross floor area shall be exempt from escrow deposit requirements.

Development of or improvement to one (1) single-family dwelling on an existing lot where no off-tract improvements or municipal improvements which extend beyond the frontage of the lot are involved shall be exempt from escrow deposit.

When the reviewing board determines that the application will serve a public purpose and promote the public health, safety and welfare, the following applicants shall submit fifty (50%) percent of the required escrow deposit:

(a)

Public organizations and/or agencies;

(b)

Charitable and/or philanthropic organizations;

(c)

Fraternal and/or religious nonprofit organizations.

Any organization qualifying for paragraph b4(b) above must hold a tax-exempt status under the Federal Internal Revenue Code of 1954 (26 U.S.C. Section 501(c) or (d)).

The Planning Board or the Board of Adjustment may, at its discretion, waive the requirement for submission of additional escrow deposit fees for the resubmission of the second or subsequent set of revised plans or applications when fifty (50%) percent of the previously submitted escrow deposit funds remain available and unused in the escrow deposit account of that particular applicant.

Submission of Escrow Deposit.

The applicant shall submit the required escrow deposit to the administrative officer prior to the application being reviewed for completeness. No application shall be determined complete, reviewed by professional staff or placed on the agenda for public hearing until the required escrow deposit is paid.

Required escrow deposits shall be in the form of cash, money order or check payable to the Township.

Escrow for Informal Review.

Whenever an applicant requires an informal review of an application for development, involving technical or professional advisors, an escrow deposit shall be required in accordance with the schedule for formal applications. The deposit must be received prior to professional review. There shall be a fee assessed for each informal review that might be required for any reason.

Informal review fees shall be as follows:

(a)

Minor subdivision or minor site plan: one hundred ($100.00) dollars.

(b)

Major subdivision, major site plan or use variance: five hundred ($500.00) dollars.

(c)

Request by private property owners for the vacation of a public road or portion thereof pursuant to N.J.S.A. 40:66-21: two thousand five hundred ($2,500.00) dollars. No such escrow shall be required if the vacation is initiated by the Township.

Any escrow deposit received for informal review shall be credited to the required escrow deposit for formal applications. The cost for professional services involved in the informal review shall be considered part of the formal application review and charged to the escrow account.

Capital project review fees shall be seven hundred fifty ($750.00) dollars.

Schedule of Required Fees for Escrow Deposits. The following sums are required to be deposited in an escrow account for applications to the Planning Board and/or Board of Adjustment:

Variances.

(a)

Bulk (hardship) variance under N.J.S.A. 40:55D-70c, not requiring site plan or subdivision approval: one hundred ($100.00) dollars.

(b)

Variance under N.J.S.A. 40:55D-70d, not requiring site plan or subdivision approval (use, etc.): two thousand five hundred ($2,500.00) dollars.

(c)

Conditional use approval (fees shall be in addition to site plan approval): one thousand ($1,000.00) dollars.

Site Plan Applications (Fees Shall be in Addition to any Required Variances).

(a)

Residential Site Plan (Involving Dwelling Units).

(1)

Preliminary approval:

Number of Units	Fee
1 to 9	$3,000.00
10 to 25	$4,500.00
26 to 50	$6,000.00
51 to 100	$7,500.00
101 to 250	$10,000.00
251 to 500	$12,000.00
Over 500	$14,000.00

(2)

Final approval: twenty (20) percent of preliminary approval escrow fee or a minimum of one thousand ($1,000.00) dollars whichever is greater.

(b)

Nonresidential Site Plan (Not Involving Dwelling Units).

(1)

Preliminary approval with principal buildings over one thousand (1,000) square feet of gross floor area:

Gross Floor Area (square feet)	Fee
1,001 to 2,500	$2,500.00
2,501 to 5,000	$4,000.00
5,001 to 10,000	$6,000.00
10,001 to 15,000	$8,000.00
15,001 to 20,000	$10,000.00
20,001 to 25,000	$12,500.00
25,001 to 100,000	$15,500.00
Over 100,000	$18,000.00

(2)

Preliminary approval without principal buildings over one thousand (1,000) square feet gross floor area:

Lot Area	Fee
Up to an acre	$2,500.00
1 to 5	$4,000.00
5 to 10	$5,000.00
Over 10	$6,000.00

(3)

Final approval: twenty (20%) percent of preliminary approval escrow fee or a minimum of one thousand ($1,000.00) dollars, whichever is greater.

(4)

Minor site plan: one thousand ($1,000.00) dollars.

3 Subdivision Applications (Fees Shall be in Addition to any Required Variances).

(a)

Minor subdivision (three (3) lots or fewer): Two thousand five hundred ($2,500.00) dollars.

(b)

Preliminary subdivisions:

(1)

Preliminary approval of four (4) to ten (10) lots: four thousand ($4,000.00) dollars.

(2)

Preliminary approval of eleven (11) to twenty-five (25) lots: five thousand ($5,000.00) dollars.

(3)

Preliminary approval of twenty-six (26) to fifty (50) lots: six thousand ($6,000.00) dollars.

(4)

Preliminary approval of fifty-one (51) to one hundred (100) lots: eight thousand ($8,000.00) dollars.

(5)

Preliminary approval of one hundred one (101) to two hundred fifty (250) lots: ten thousand ($10,000.00) dollars.

(6)

Preliminary approval of two hundred fifty-one (251) to five hundred (500) lots: twelve thousand ($12,000.00) dollars.

(7)

Preliminary approval of over five hundred (500) lots: fourteen thousand ($14,000.00) dollars.

(c)

Final Subdivisions.

(1)

Final approval of four (4) lots to twenty-five (25) lots: two thousand ($2,000.00) dollars.

(2)

Final approval of twenty-six (26) lots to one hundred (100) lots: three thousand ($3,000.00) dollars.

(3)

Final approval of one hundred one (101) lots to five hundred (500) lots: four thousand ($4,000.00) dollars.

(4)

Final approval of over five hundred (500) lots: five thousand ($5,000.00) dollars.

Planned Unit Development. Fees shall be as for a simultaneous major site plan and major subdivision application, with fees for residential and nonresidential development computed separately, and thereafter cumulatively upon the applicant.

Concept Plan Applications.

(a)

Minor subdivision or minor site plan: one hundred ($100.00) dollars.

(b)

Major subdivisions: five hundred ($500.00) dollars.

(c)

All site plans with more than one thousand one (1,001) square feet of gross floor area: five hundred ($500.00) dollars.

(d)

Use variance application: five hundred ($500.00) dollars.

(e)

All fees for concept plans or informal submission: to be credited toward required escrow fees for the review of the formal application for the same development.

General development plan: one thousand ($1,000.00) dollars (in addition to any other site plan and/or subdivision fees which may also be required).

Resubmissions.

(a)

Applicants shall pay escrow deposit fees based upon thirty-three (33%) percent of the original submission fee for each resubmission of revised plans, including applications for use variances, preliminary subdivisions, final subdivisions, preliminary site plans, final site plans and planned unit development applications.

(b)

If plans are resubmitted in accordance with conditions of approval by the appropriate board, the escrow deposit fee for resubmission shall be one-third (1/3) of the original escrow fee.

Special Design Elements. Applicants shall pay escrow fees based upon twenty (20%) percent of the original escrow fee, when and as determined by the reviewing board that the proposed project includes a special design consideration, such as but not limited to a sanitary sewer pump station, detention or retention ponds, a potable water storage facility, traffic signalization devices, off-tract improvements, etc.

Request for Rezoning. Any property owner seeking a rezoning of its property shall, in addition to the fee paid pursuant to subsection 39-12.18d8, pay an escrow fee of two thousand ($2,000.00) dollars.

10.

Single Family Lot Where Off-Tract Improvements or Municipal Improvements Which Extend Beyond Frontage of Lot. The development of or improvement to an individual single family dwelling on an existing lot where off-tract improvements or municipal improvements extend beyond the frontage of the lot shall require the payment of an escrow fee of two thousand ($2,000.00) dollars.

11.

Single Family Lot Involving Construction in Flood Hazard Area. The development of an improvement to an individual single family dwelling on an existing lot involving construction in a flood hazard area as set forth in Chapter 33, Flood Damage Prevention and Protection, shall require the payment of an escrow of two thousand ($2,000.00) dollars.

Review of Escrow Deposit Amount.

Prior to making a determination of completeness upon any application, the administrative official shall review the application to determine whether the escrow amount set forth above is sufficient. If the amount set forth is determined insufficient by the administrative official or reviewing board to cover professional costs anticipated for the application, additional funds in the amount of one-third (1/3) of the initially required escrow fee shall be deposited by the applicant prior to declaring the application complete. The application shall not be declared complete or placed on the agenda for public hearing until such additional escrow deposit is received.

Further additional escrow deposit fees may be required at any time upon determination by the reviewing board. All approvals shall be conditional upon receipt of such additional fees deposited by the applicant in increments of one-third (1/3) of the initially required escrow fee, when and as determined necessary by the reviewing board. No building permits or certificates of occupancy shall be issued until all required escrow funds have been received.

Appeal of Escrow Fees. In the event that the applicant believes the fees to be unreasonable, the Planning Board or Board of Adjustment shall hear and decide whether such fees are reasonable. The applicant may appeal the decision of the Planning Board or Board of Adjustment to the Governing Body, provided that the applicant shall provide to the Governing Body transcripts of the Planning Board or Board of Adjustment hearing on fees, at his or her cost, and such appeal shall be on the record. The Governing Body shall set a meeting date, with notice to the applicant. The applicant may submit oral and/or written arguments on the record, provided that the applicant provides a court-certified stenographer to record the meeting and provides a transcript of the meeting. The Governing Body may reverse a Planning Board or Board of Adjustment decision upon showing that the Board's decision is not sustained by the preponderance of the evidence.

Escrow Deposit Submission. The escrow amount shall be deposited by the Township into an official depository of the Township in a separate interest-bearing escrow account in the name of the Township and the applicant. The custodian of the account shall be the director of finance. The custodian shall notify the applicant, in writing, of the name and address of the depository and the amount of the deposit. Disbursements for professional review services shall be made in accordance with State law and Township procedures. Deposit amounts shall be transmitted pursuant to State statute and applicable Township regulations and ordinances. When charges for review fees are received by the custodian of the escrow account, the amounts shall be transferred to the general fund of the Township for approval and disbursements. In accordance with N.J.S.A. 40:55D-53.1, sums not utilized in the review process shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow as detailed elsewhere in this subsection.

Escrow Accounts Over Five Thousand Dollars; Conditions. Pursuant to N.J.S.A. 40:55D-53.1, whenever an amount of money in excess of five thousand ($5,000.00) dollars shall be deposited by an applicant in the Township for professional services employed by the Township to review applications, the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided for therein, shall continue to be the property of the applicant and shall be held in trust by the municipality. Money deposited shall be held in escrow in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The Township shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The Township shall not refund an amount of interest paid on a deposit which does not exceed one hundred ($100.00) dollars for the year. If the amount of interest exceeds one hundred ($100.00) dollars, that entire amount shall belong to the applicant and shall be refunded to him or her by the Township at the time that the unexpended deposit is repaid or applied to the purpose for which it was deposited, as the case may be; except that the Township shall retain for administrative expenses a sum equivalent to no more than thirty-three and one-third (33 1/3%) percent of that entire amount which shall be in lieu of all other administrative and custodial expenses.

Accounting of Fees. In the event that any applicant desires an accounting of the expenses or fees paid by him or her for professional review, he or she shall request such in a letter directed to the administrative officer. Such additional amount as may be required for the accounting shall be paid to the Planning Board or Board of Adjustment prior to issuance of a certificate of occupancy in the event that there are insufficient escrow funds to pay for the account.

Refunds. All escrow funds described herein shall be utilized by the appropriate board to pay the cost of any technical and/or professional services incurred by the Board for review and/or testimony in connection with the particular application. All funds not expended shall be refunded to the applicant within one hundred twenty (120) days after the final determination by the appropriate board with respect to such application. No amount shall be refunded prior to certification by the board secretary that the application has been finally determined.

Rules and Regulations. Pursuant to municipal Charter, the Township shall promulgate rules and regulations for the administration of all processing of the provisions of this escrow deposit ordinance in compliance with all applicable Township ordinances and State laws.

§ 39-12.24 Developers' Agreements.

[1999 Code § 18.28.240; Ord. No. O.1522-2006; Ord. No. O.1747-2020§ I]

Prior to the commencement of any on-site construction, there shall be executed and delivered to the Township Council a developer's agreement between the applicant and the Township of Edison incorporating all of the terms and conditions of final approval, except that such developer's agreement shall not be required for the following:

Minor subdivisions and minor site plans; or

Major subdivisions and/or major site plans for which the value of site improvements as determined by an engineer's estimate (as approved by the Township Engineer) does not exceed one hundred thousand ($100,000.00) dollars; or

Major subdivisions in which no public improvements are required.

The Planning Board or Zoning Board, as the case may be, shall have the right to specifically require a developer's agreement notwithstanding the exceptions set forth in paragraphs a1, a2, or a3 hereinabove.

The developer's agreement shall be drawn by the Township Attorney and shall be executed by the applicant. Legal fees incurred by the Township associated with the preparation and negotiation of the developer's agreement shall be paid by the applicant in accordance with the fees established in subsection 39-12.23.

The developer's agreement shall be recorded against the affected properties by the Township Attorney. Legal fees and recording fees incurred by the Township associated with the recording of the developer's agreement shall be paid by the applicant in accordance with the fees established in subsection 39-12.23.

§ 39-12.25 Mandatory Shorthand Reporter.

[Ord. No. O.1540-2006]

Any applicant for an application for development to either the Edison Township Zoning Board of Adjustment or Planning Board shall engage the services of a certified shorthand reporter to document all hearings regarding said land development application at his/her or its expense. A copy of all transcripts shall be promptly provided to the board secretary after each hearing at the applicant's expense.

This requirement shall apply to all applications for development except for the following:

Minor subdivisions;

Minor site plans;

Stand alone "c" variance applications under N.J.S.A. 40:55D-70(c)(1) or (2); and

Any application for development for which a waiver of this requirement shall have been granted by the Zoning Board of Adjustment or Planning Board (as the case may be), at its sole discretion.

§ 39-13 EMINENT DOMAIN.

[Ord. No. O.1582-2007§ 2]

The Township of Edison is prohibited from exercising the power of eminent domain to acquire property from a private landowner without acquiring the private land owner's consent when the purpose or result of such acquisition is to sell, transfer, lease, or in any way convey such property in whole or in part, to any private entity or party.