[1999 Code § 18.04.010]
This chapter may be cited and referred to as the "Edison Township
Land Use Regulations."
[1999 Code § 18.04.020]
Pursuant to N.J.S.A. 40:55D-1 et seq., as amended, it is the
intent and purpose of this chapter to:
a.
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;
b.
Secure safety from fire, flood, panic and other natural and man-made
disasters;
c.
Provide adequate light, air and open space;
d.
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;
e.
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;
f.
Encourage the appropriate and efficient expenditure of public funds
by the coordination of public development with land use policies;
g.
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;
h.
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;
i.
Promote a desirable visual environment through creative development
techniques and good civic design and arrangements;
j.
Promote the conservation of open space and valuable natural resources
and prevent urban sprawl and degradation of the environment through
improper use of land;
k.
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;
l.
Encourage senior citizen community housing construction;
m.
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.
[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.
[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:
Shall be defined as the Clerk of the municipality, unless
a different municipal official or officials are designated by ordinance
or statute, pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-3.
[Amended 9-14-2022 by Ord. No. O.2153-2022]
Means a developer submitting an 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.
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.
Means the Board established in Section 39-4.
Means a combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
Means a governmental acquisition of real property or a major
construction project.
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.
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.
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.
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.
Means development other than planned development.
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.
Means calendar days.
Means the person appointed by an administrative officer to
perform a specified function or duty assigned to such administrative
officer by this chapter.
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.
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.
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.
Means the Division of State and Regional Planning in the
Department of Community Affairs.
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.
Means soil, water and air surrounding a site.
Means the detachment and movement of soil or rock fragments
by water, wind, ice and gravity.
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.
Means the Township Council of the Township of Edison.
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.
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.
Includes improvements and fixtures on, above or below the
surface.
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.
Means a reverse subdivision.
Means any security, other than cash, which may be accepted
by a municipality for the maintenance of any improvements required
by this chapter.
Means any subdivision not classified as a minor subdivision.
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.
Means the chief executive of the Township of Edison.
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.
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.
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.
Means the Township of Edison.
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.
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.
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.
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.
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.
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.
Means located on the lot in question.
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.
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.
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.
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.
Means planned unit development, planned unit residential
development, residential cluster, planned commercial development or
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.
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.
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.
Means the Edison Planning Board established pursuant to Section 39-4.
Means a map or maps of a subdivision or site plan.
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.
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.
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.
Means a Master Plan, capital improvement program or other
proposal for land development adopted by the appropriate public body,
or any amendment thereto.
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.
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.
Means the majority of the full authorized membership of a
municipal agency.
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.
Means the number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
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.
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.
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.
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.
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.
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:
CONTROLLED-ACCESS HIGHWAYSMeans those that are used by heavy-duty traffic and which permit no access from abutting property.
MAJOR THOROUGHFARESMeans those which are used primarily for heavy local and through traffic.
COLLECTOR STREETSMeans those which carry traffic from minor streets to the major thoroughfares, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETSMeans those which are used primarily for access to the abutting properties.
MARGINAL SERVICE STREETSMeans those which are parallel or adjacent to controlled-access highways or major thoroughfares and which provide access to abutting properties and protection from through traffic.
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.
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."
[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:
a.
Class I: the Mayor.
b.
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.
c.
Class III: a member of the Township Council, to be appointed by the
Township Council.
d.
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.
e.
Alternate Members.
1.
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.
2.
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.
[1999 Code § 18.08.020]
a.
Terms.
1.
The term of the Mayor shall correspond to his or her official tenure.
2.
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.
3.
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.
4.
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.
5.
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.
b.
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.
c.
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.
[1999 Code § 18.08.030]
a.
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.
b.
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.
c.
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.
d.
The chair of the Planning Board shall appoint committees of the Board
consisting of three (3) or more members of the Board.
[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:
a.
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;
b.
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.;
c.
Participate in the preparation and review of programs or plans required
by State or Federal law or regulations;
d.
Assemble data on a continuing basis as part of a continuous planning
process;
e.
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;
f.
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;
g.
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:
1.
Variances, pursuant to N.J.S.A. 40:55D-25;
2.
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;
h.
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;
i.
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.
j.
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]
[1999 Code § 18.08.050]
a.
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.
b.
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.
[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.
[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.
[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.
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;
b.
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;
c.
A housing plan element, including but not limited to residential
standards and proposals for the construction and improvement of housing;
d.
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;
e.
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;
f.
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;
g.
A recreation plan element showing a comprehensive system of areas
and public sites for recreation;
h.
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;
i.
Appendixes or separate reports containing the technical foundation
for the Master Plan and its constituent elements.
[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.
[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.
[1999 Code § 18.16.010]
a.
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.
b.
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.
c.
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.
[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.
[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.
[1999 Code § 18.20.010]
a.
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."
b.
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.
c.
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.
d.
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.
e.
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.
[1999 Code § 18.20.020]
a.
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.
b.
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.
c.
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.
[1999 Code § 18.20.030; Ord. No.
O.1938-2016]
a.
The Board of Adjustment shall have the power to:
1.
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;
2.
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;
3.
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;
4.
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;
5.
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;
6.
Direct the issuance of a permit, pursuant to Section 39-12, for a building or structure not related to a street;
7.
Render advisory opinions regarding the interpretation, application
and enforcement of the zoning ordinance upon request of the Planning
Board or other Township officials.
b.
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.
c.
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]
[1999 Code § 18.20.040]
a.
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.
b.
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.
c.
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.
d.
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.
[1999 Code § 18.20.050]
a.
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.
b.
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.
[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.
[1999 Code § 18.24.010]
The Subdivision and Site Plan Ordinance of Edison Township is contained in Chapter 36.
[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.
[1999 Code § 18.24.030]
a.
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.
b.
All development applications, in addition to any other requirement
provided for in this section or the Municipal Land Use Law, shall
provide the following:
1.
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;
2.
The location of all on-site pipeline easements and rights-of-way;
3.
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;
4.
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;
5.
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.
[1999 Code § 18.24.040]
a.
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.
b.
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.
[1999 Code § 18.24.050]
a.
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.
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
[1999 Code § 18.24.060]
a.
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.
b.
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.
[1999 Code § 18.24.070]
a.
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:
1.
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;
2.
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;
3.
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.
b.
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.
[1999 Code § 18.24.080]
a.
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.
b.
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.
[1999 Code § 18.24.0190]
[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.
[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.
[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.
[1999 Code § 18.28.040]
a.
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:
b.
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.
c.
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.
d.
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.
e.
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.
f.
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.
g.
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.
h.
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.
i.
Each decision on any application for development shall be in writing
and shall include findings of fact and conclusions based thereon.
j.
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.
k.
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.
[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.
[1999 Code § 18.28.060]
a.
Whenever a hearing is required on an application for development,
the applicant shall give notice thereof as follows:
1.
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.
2.
Public notice of hearing shall be made by the applicant and published
in the official newspapers of the Township.
3.
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.
4.
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.
5.
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.
6.
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.
7.
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.
8.
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.
9.
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.
b.
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.
[1999 Code § 18.28.070]
The Planning Board shall give:
a.
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;
b.
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;
c.
Notice by personal service or certified mail to the County Planning
Board of:
1.
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,
2.
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.
[1999 Code § 18.28.080]
[1999 Code § 18.28.090]
a.
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.
b.
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.
c.
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.
[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.
[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.
[1999 Code § 18.28.120; amended 3-8-2021 by Ord. No. O.2096-2021]
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.
Upon approval of any application or plan for development, the
plan, including any improvements or conditions of said approval, shall
not be subject to change except for minor engineering changes approved
by the Township Engineer. Any change in site design or deviation from
any required or conditional improvements subsequent to approval shall
be regarded as a separate plan, and site development plans showing
the proposed new design shall be submitted under the requirements
of this section and shall be separately approved under the provisions
set forth herein.
[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.
[1999 Code § 18.28.140]
a.
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.
b.
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.
[1999 Code § 18.28.150; Ord. No.
O.1521-2006; Ord. No. O.1547-2007]
a.
Establishment.
1.
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.
2.
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.
b.
Terms of Office.
1.
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.
2.
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.
3.
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.
c.
Organization and Staff.
1.
The Technical Review Committee shall elect a chair and vice-chair
from the members of the Committee.
2.
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.
d.
Powers and Duties. The technical review committee shall have the
power to:
1.
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;
3.
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;
4.
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;
5.
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;
6.
Review and comment on such other matters as may be requested by the
Planning Board or Zoning Board of Adjustment;
e.
Application Submission and Review Procedure.
1.
The Technical Review Committee, in accordance with the provisions
of paragraph d., shall review all development applications presented
to it.
2.
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.
3.
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.
[1999 Code § 18.28.160; Ord. No.
O.1603-2007§ I]
a.
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.
b.
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.
c.
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.
d.
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.
[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.
[1999 Code § 18.28.180; Ord. No.
O.1547-2007; Ord. No. O.1574-2007§ 1; amended 9-28-2022 by Ord. No. O.2159-2022]
a.
Purpose.
1.
The Township, acting through its Planning Board, Zoning Board of Adjustment and/or Technical Review Committee shall require the following application fees for the filing, administrative processing and hearing of any application. The fees listed below for applications seeking 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.
2.
Application Fees services shall be in addition to escrow fees, and
any and all other required fees.
3.
The application fee is a flat charge to cover direct administrative
expenses and is non-refundable.
4.
Payment of Fees. All fees listed above shall be paid to the Edison
Township Administrative Officer at the time of the application.
5.
When a single Application for Development includes several approval
requests, the total application fee shall be the sum of the individual
fees for each requested variance, site plan or subdivision, or other
element of the application.
6.
All application fees for an Application for Development shall be
paid before any construction permit is issued. Any remaining costs
created during the construction process shall be paid in full before
any temporary or full certificate of occupancy is issued.
b.
Application Fee Submission Required for Completeness.
1.
The applicant shall submit the required application fee to the Administrative
Officer prior to the application being reviewed by the Technical Review
Committee or reviewing board for completeness. No application shall
be determined complete, reviewed by professional staff, or placed
on the agenda for a technical meeting or public hearing until the
full required application fee has been submitted. If a technical question
arises as to whether a particular fee is required, the Administrative
Officer shall consult with the Technical Review Committee and appropriate
Board Attorney to clarify the matter, however no application may be
deemed complete or scheduled for a public hearing until all unresolved
fees have been paid.
2.
Required escrow deposits shall be in the form of money order or check
payable to the Township of Edison.
3.
The Administrative Officer shall maintain and provide to the Technical
Review Committee and reviewing board, as a completeness item, an up-to-date
record of all application and escrow fees calculated and collected
for each application being heard. This shall be provided at every
meeting of the committee or Board.
4.
The Administrative Officer shall reject and return any attempted
submission of plans delivered without the appropriate application
fee, and shall direct the developer to provide the applicable fee
to process any plan submission.
c.
Application Fee for Informal or Concept Review.
1.
Whenever an applicant requests an informal review of a concept plan
involving technical or professional consultation, an application fee
of $250 shall be required, which must be received prior to professional
review. The fee is for each informal review session. Any subsequent
informal review sessions shall require submission of an additional
application fee.
2.
The application fee for informal review shall not be considered part
of, or credited to a subsequent formal application fee.
d.
Variances, Appeals, Vacations and Interpretations.
1.
Appeals or Interpretations per N.J.S.A. 40:55D-70a & b: $500.
2.
Bulk variances per N.J.S.A. 40:55D-70c: $500 per variance.
3.
"D" or Use variance per N.J.S.A. 40:55D-70d: $1,000 per variance.
4.
Permit per N.J.S.A. 40:55D-35 or 40:55D-36: $500.
5.
Appeal of Decision or Fee to Township Council: $1,500.
6.
Conditional use application: $1,000 in addition to any other site
plan or subdivision fees which may also be required.
7.
Request for rezoning made by a property owner: $2,500.
8.
Request by private property owners for the vacation of a public road
or portion thereof pursuant to N.J.S.A. 40:67-21: $1,000.
g.
Other Fees shall be as shown below.
1.
For a certified list of property owners: $100.
2.
For a copy of transcript prepared by others: $100 plus cost of transcript.
3.
The fee for a copy of minutes or decisions shall be based on the
Township Clerk's fee for requesting general public documents.
4.
Capital project review or hearing by government entity: $500.
5.
Request for Rezoning: $500.
6.
Mixed Uses. For an application involving more than one use, or a
mixed-use application, the fee shall be calculated as the cumulative
fee for each component of the development based on the above Preliminary
and Final Major Site Plan fees for residential and non-residential
development, plus any Subdivision, Variance or other fees that are
applicable.
h.
Total Application Fee. The sum of all Subdivision, Site Plan, Variance
and other fees required by this subchapter shall be calculated to
determine a "Total Original Application Fee."
i.
Resubmissions.
1.
After an initial plan submission, each subsequent plan submission
to the Township Planning/Zoning Department or Administrative Officer
shall be considered a plan resubmission. Resubmissions shall include
any submission of revised plans before, during, or after the technical
review, public hearing, or resolution compliance period, or any time
thereafter to satisfy conditions of approval or modify a proposed
or approved plan. This resubmission fee shall apply to all development
applications.
2.
When submitting a revised plan resubmission, all applicants shall
be required to pay a "Resubmission Application Fee" of 50% of the
Total Original Application Fee per each resubmission.
3.
This resubmission fee shall be required for each resubmission of
revised plans, regardless of how many times plans are resubmitted.
4.
The "Resubmission Application Fee" shall apply to submission of all
engineering and architectural plats and plans, but shall not be applicable
to submission of revised reports, typewritten documents, response
letters, memorandum, or outside agency permits and approvals. When
multiple engineering and architectural plats or plans, including any
supporting documents, are submitted together in a single instance,
this shall be considered one resubmission.
5.
The Administrative Officer shall reject and return any attempted
resubmission of plans delivered without the sufficient Resubmission
Application Fee, and shall direct the applicant to provide the applicable
fee to process any plan resubmission.
6.
The Administrative Officer shall maintain and provide to the Technical
Review Committee and reviewing board a record of all resubmission
fees calculated and collected for each application. This shall be
provided at every meeting of the committee or Board.
j.
Non-Payment.
1.
Filing of an Application for Development shall inherently include
an agreement to pay all application fees and resubmission application
fees associated with that application. If an applicant or property
owner or fails to pay any outstanding fees, regardless of the Board's
determination, the Township may place a lien on the associated property
in an amount equal to the outstanding fee in compliance with all applicable
Township ordinances and State law. Additionally, each applicant shall
agree, in writing, to pay all reasonable costs for the municipal inspection
of the constructed improvement. All costs for the application and
review of any Application for Development shall be paid in full before
any construction permit is issued. Any remaining costs created during
the construction process shall be paid in full before any temporary
or full certificate of occupancy is issued.
k.
Miscellaneous Provisions.
1.
Notwithstanding any other provision of this chapter, a waiver of
not more than 25% of all municipal subdivision and site plan application
fees may be granted by the approving municipal agency for a 100% affordable
housing development for low- and/or moderate-income families.
[1999 Code § 18.28.190; Ord. No.
O.2000-2018]
a.
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.
1.
(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.
2.
(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.
3.
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.
b.
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.
c.
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.
d.
1.
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.
2.
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.
e.
1.
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.
2.
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.
3.
In the event that the obligor has made a cash deposit with the Township
as part of the performance guarantee, then any partial reduction granted
in the performance guarantee pursuant to this 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."
f.
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.
g.
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.
h.
1.
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
2.
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.
3.
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.
4.
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.
i.
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.
j.
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.
[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.
[1999 Code § 18.28.210]
a.
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.
b.
Other Improvements.
1.
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.
2.
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.
3.
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.
4.
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.
5.
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.
6.
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.
c.
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:
1.
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.
2.
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.
3.
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.
d.
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.
e.
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.
f.
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.
g.
Governing Body Approval Required. All estimates required to be made
by the Board herein shall be reviewed and approved by the Governing
Body.
[1999 Code § 18.28.220]
a.
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.
b.
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.
c.
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:
d.
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.
e.
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.
f.
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.
g.
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."
[1999 Code § 18.28.230; Ord. No.
O.1525-2006; Ord. No. O.1547-2007; Ord. No. O.1574-2007§ 2; amended 9-28-2022 by Ord. No. O.2158-2022]
a.
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 required for professional services shall
be based on the following:
1.
The Township, acting through its Planning Board, Zoning Board of
Adjustment and/or Technical Review Committee 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.
2.
Fees for technical and/or professional services shall be in addition
to application fees, and any and all other required fees.
3.
By filing any type of application or appeal, an applicant shall consent
to pay for professional review services which are reasonably necessary
for the review, processing, research and/or memorialization of such
application. 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.
4.
If the Board determines that, because of the complexity of an application,
the services of a traffic engineer, sound expert, or other professional
specialty other than board 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.
5.
All costs for the review of any application for development shall
be paid before any construction permit is issued. Any remaining costs
created during the construction process shall be paid in full before
any temporary or full certificate of occupancy is issued.
6.
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.
7.
Each applicant shall provide the Township with a federal tax identification
number or federal social security number.
8.
All payments charged to the individual escrow account 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 applicant on the uses to which the escrow
deposit was invoiced. Thereafter, the municipality shall, upon written
request, provide copies of the vouchers to the applicant.
9.
The charge to the deposit shall be at the same contractual rate as
all other work of the same nature by the professionals for the municipality.
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 200% 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.
b.
Residential Exceptions, Partial Waiver, and Resubmission Fee Waivers
from Escrow Deposit Requirements.
1.
Residential applications including but not limited to fencing, sheds,
porches, patio's, decks, pools and minor residential building
additions of less than 300 square feet gross floor area shall be exempt
from escrow deposit.
2.
Development of or improvement to one single-family dwelling on an
existing lot where no off-tract or municipal improvements which extend
beyond the frontage of the lot are involved shall be exempt from escrow
deposit requirements.
3.
Charitable and/or philanthropic organizations, civic, fraternal and/or
religious nonprofit organizations may apply to the reviewing board
for a reduction of 25% of the required escrow deposit. To qualify,
any such organization must hold a tax-exempt status under the Federal
Internal Revenue Code of 1954 (26 U.S.C. Section 501(c) or (d)). Notwithstanding
the reduced escrow fee, the applicant shall still be responsible to
pay all costs directly associated with the review and memorialization
of the application even if those costs exceed the sum of fees collected.
c.
Escrow Fee Submission Required for Completeness.
1.
The applicant shall submit the required escrow fee to the administrative
officer prior to the application being reviewed by the Technical Review
Committee for completeness. No application shall be determined complete,
reviewed by professional staff, or placed on the agenda for a technical
meeting or public hearing until the full required escrow fee has been
submitted. If a technical question arises as to whether a particular
fee is required, the Administrative Officer shall consult with the
Technical Review Committee and appropriate Board Attorney to clarify
the matter, however no application may be deemed complete or scheduled
for a public hearing until all unresolved fees have been paid.
2.
Required escrow deposits shall be in the form of money order or check
payable to the Township of Edison.
3.
The Administrative Officer shall maintain and provide to the Technical
Review Committee and reviewing board, as a completeness item, an up-to-date
record of all application and escrow fees calculated and collected
for each application being heard. This shall be provided at every
meeting of the committee or Board.
4.
The Administrative Officer shall reject and return any attempted
submission of plans delivered without the appropriate escrow fee,
and shall direct the developer to provide the applicable fee to process
any plan submission.
d.
Escrow Fee for Informal or Concept Review.
1.
Whenever an applicant requests an informal review of a concept plan
involving technical or professional consultation, an escrow deposit
shall be submitted in accordance with the schedule below which must
be received prior to professional review. The fees listed below are
for each informal review session. Any subsequent informal review sessions
shall require submission of an additional review fee.
2.
Informal review fees shall be as follows:
3.
When escrow fees are submitted for professional services for informal
review, those fees submitted shall be considered an advance on the
formal application fee for a subsequent application for the same development.
When the subsequent full application is filed and the relative escrow
fees are calculated for that submission, the applicant shall be entitled
to an escrow credit equal to the amount submitted for the concept
review. Any remaining escrow fees after an informal review shall be
allocated to the applicant's escrow account for that development.
e.
Escrow Fees for Development Applications. The following fees are
required to be deposited in an escrow account for applications to
the Planning Board and/or Board of Adjustment:
1.
Variances. (Fees shall be in addition to any required subdivision
or site plan approval).
2.
Site Plan Applications: (Fees shall be in addition to any required
variances or subdivision).
|
Type of Site Plan
|
Gross Floor Area or Number dwelling units
|
Escrow Fee
|
|---|---|---|
|
Minor Site Plan:
|
N/A
|
$4,000
|
|
Major Site Plans:
| ||
|
Preliminary Non-residential
|
1 to 5,000 square feet
|
$5,000
|
|
Preliminary Non-residential
|
5,001 to 25,000 square feet
|
$10,000
|
|
Preliminary Non-residential
|
25,001 to 100,000 square feet
|
$15,000
|
|
Preliminary Non-residential
|
Over 100,000 square feet
|
$20,000
|
|
Preliminary Residential
|
1 to 10 units
|
$10,000
|
|
Preliminary Residential
|
11 to 25 units
|
$15,000
|
|
Preliminary Residential
|
Over 50 units
|
$20,000
|
|
Final Site Plan
|
All applications
|
$5,000
|
3.
Subdivision Applications (Fees shall be in addition to any required
site plan or variances).
|
Type of Application
|
Total Number
Lots Proposed
|
Escrow Fee
|
|---|---|---|
|
Minor Subdivision
|
N/A
|
$4,000
|
|
Major Subdivision:
| ||
|
Preliminary
|
1 to 10 lots
|
$10,000
|
|
Preliminary
|
11 to 25 lots
|
$15,000
|
|
Preliminary
|
26 to 50 lots
|
$20,000
|
|
Preliminary
|
51 to 100 lots
|
$25,000
|
|
Preliminary
|
Over 100 lots
|
$30,000
|
|
Final Subdivision
|
All Applications
|
$7,500
|
4.
Mixed uses. For an application involving more than one use, or a
mixed-use application, the fee shall be calculated as the cumulative
fee for each component of the development based on the above Preliminary
and Final Major Site Plan fees for residential and non-residential
development, plus any Subdivision, variance or other fees that are
applicable.
5.
Planned Unit Developments. For a planned unit development, fees shall
be calculated as the cumulative fee of each component of a development
based on the above Preliminary and Final Major Site Plan fees for
residential and non-residential development, plus any subdivision
or variance fees that are applicable.
6.
General Development Plan. The fee shall be $5,000, in addition to
any other Site Plan, Subdivision or Variance fees which may be applicable.
7.
Special Design Elements. When, and as determined by the reviewing
board, the proposed project includes a special design consideration,
such as but not limited to a sanitary/storm sewer pump station, a
potable water storage facility, traffic signalization devices, street
vacation or improvement, or other off-tract improvements, the additional
escrow fee shall be $5,000.
8.
Request for Rezoning. Any property owner seeking a rezoning of property shall, in addition to the fee paid pursuant to subsection § 39-12.18d8, submit an escrow fee of $4,000.
9.
Single Family Lot with Off-Tract Improvements Extending Beyond the
Frontage of the 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 an escrow fee of $3,000.
10.
Single Family Lot Involving development or construction in a Wetlands, Wetlands Buffer, Steep Slope area, FEMA Repetitive Loss Area, and/or Flood Hazard Area. The development of or an improvement to an individual single family dwelling on an existing lot involving construction in any of the above circumstances or in a flood hazard area as set forth in Chapter 33, Floodplain Management Regulations, shall require the payment of an escrow fee of $3,000.
11.
Total Escrow Fee. The sum of all Subdivision, Site Plan, Variance
and other fees required by this subchapter shall be calculated to
determine a "Total Original Escrow Fee."
12.
Resubmissions.
(a)
After an initial plan submission, each subsequent plan submission
to the Township Planning/Zoning Department shall be considered a plan
resubmission. Resubmissions shall include any submission of revised
plans before, during, or after the technical review, public hearing,
or resolution compliance period, or any time thereafter to satisfy
conditions of approval or modify a proposed or approved plan.
(b)
When submitting a revised plan resubmission, all applicants
shall be required to pay a "Resubmission Escrow Fee" based on 50%
of the "Total Original Escrow Fee" which shall be deposited into the
applicant's escrow account to replenish funds therein. This resubmission
fee shall be required for each resubmission of revised plans, regardless
of how many times plans are resubmitted. This resubmission fee shall
apply to all development applications.
(c)
The "Resubmission Escrow Fee" shall apply to submission of all
engineering and architectural plats and plans, and shall not be applicable
to submission of revised reports, typewritten documents, response
letters, memorandum, or outside agency permits and approvals. When
multiple engineering and architectural plats or plans, including any
supporting documents, are submitted together in a single instance,
this shall be considered one resubmission.
(d)
The Administrative Officer shall reject and return any attempted
resubmission of plans delivered without the resubmission fee, and
shall direct the developer to provide the applicable fee to process
any plan resubmission.
(e)
The Administrative Officer shall maintain and provide to the
Technical Review Committee and/or reviewing board a record of all
resubmission fees calculated and collected for each application. This
shall be provided at every meeting of the committee or Board.
(f)
The "Resubmission Escrow Fee" shall be applicable to all submissions
described hereinabove, but shall not be applicable to plan submissions
after an application has been formally withdrawn or for applications
for which the escrow account for has been terminated by way of refund.
In those instances, a new "Original Escrow Fee" shall be calculated
and apply.
f.
Review of Escrow Deposit Amount.
1.
Prior to certifying completeness upon any application, the Administrative
Officer and Technical Review Committee shall review the application
materials, content, checklist, and fees to verify the escrow amount
set forth above is sufficient for the professional review of the application.
If the amount set forth is determined insufficient to cover professional
costs anticipated for the application, additional funds in the amount
of 33% 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.
2.
Further additional escrow deposit fees may be required at any time
upon determination by the Administrative Officer.
3.
All approvals shall be conditional upon receipt of such additional
fees deposited by the applicant in increments of 50% of the "Total
Original Escrow Fee," when and as determined necessary by the Administrative
Officer. All costs for the review of any Application for Development
shall be paid before any construction permit is issued. Any remaining
costs created during the construction process shall be paid in full
before any temporary or full certificate of occupancy is issued.
g.
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.
h.
Escrow Deposit Accounts. 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 Township 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 appropriate
account(s) 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.
i.
Escrow Accounts Over $5,000; Conditions. Pursuant to N.J.S.A. 40:55D-53.1,
whenever an amount of money in excess of $5,000 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 $100
for the year. If the amount of interest exceeds $100, 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 33 1/3% of that entire
amount which shall be in lieu of all other administrative and custodial
expenses.
j.
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 Township
Director of Finance. In the event that there are found insufficient
escrow funds in the account to pay all outstanding invoices, the outstanding
balance shall be submitted by the applicant prior to issuance of a
certificate of occupancy or building permit.
k.
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 remaining funds not expended
shall be refunded to the applicant upon request within 120 days after
the final determination by the board with respect to such application.
If conditions of approval are required by any approving resolution,
the escrow account may remain active for such extended time as to
allow the applicant to pursue resolution compliance via submission
and professional review of revised plans or documents. However, in
any case, no amount shall be refunded prior to written certification
by the Administrative Officer that all professional services invoices
are paid.
l.
Refunds after Application Withdrawal. Upon submission of a written
withdrawal request, all remaining funds not expended shall be refunded
to the applicant within 120 days after withdrawal. However, in all
cases, no amount shall be refunded prior to written certification
by the Administrative Officer that all professional services invoices
are paid.
m.
Refunds Without Resolution Compliance. If an Application for Development
has been approved subject to conditions of approval, and the applicant
later withdraws the application and/or requests a refund of escrow
fees without satisfying the required conditions of approval, the escrow
account may be terminated and all remaining funds not expended shall
be refunded to the applicant within 120 days after withdrawal and/or
request. However, in all cases, no amount shall be refunded prior
to written certification by the Administrative Officer that all professional
services invoices are paid.
n.
Refund and/or Application Withdrawal shall Constitute Termination
of Application. A request for withdrawal and/or refund shall be considered
an affirmative act of termination of the application. After which,
any subsequent resubmission of an application, with or without changes,
shall be considered a new application and shall be subject to the
Original Escrow Fee in effect for a new application, not the Resubmission
Escrow Fee permitted elsewhere in this subsection.
o.
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.
p.
Non-Payment. Filing of an Application for Development shall inherently
include an agreement to pay for the reasonable costs of the professional
review and memorialization of that application. If an applicant or
property owner refuses to, or fails to, pay any outstanding and reasonable
costs incurred in the review or memorialization of an application,
regardless of the Board's determination, the Township will place
a lien on said property associated with the application to recover
the professional costs incurred to the Township, in compliance with
all applicable Township ordinances and State laws.
[1999 Code § 18.28.240; Ord. No.
O.1522-2006; Ord. No. O.1747-2020§ I]
a.
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:
1.
Minor subdivisions and minor site plans; or
2.
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
3.
Major subdivisions in which no public improvements are required.
b.
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.
c.
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.
d.
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.
[Ord. No. O.1540-2006]
a.
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.
b.
This requirement shall apply to all applications for development
except for the following:
1.
Minor subdivisions;
2.
Minor site plans;
3.
Stand alone "c" variance applications under N.J.S.A. 40:55D-70(c)(1)
or (2); and
4.
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.
[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.
