[Amended 5-19-2009 by Ord. No. 09-35]
A.
It shall be unlawful for any persons, corporation or agent to construct,
move, alter or change the use of any building or use any land without
first applying for a permit.
B.
The provisions of this chapter shall be administered and enforced
by the Construction Official and the Administrative Officer of the
municipality.
C.
In no case shall a permit be granted for the construction, alteration
or use of any building or land where the proposed construction, alteration
or use thereof would be in violation of any provision of this chapter.
D.
It shall be the duty of the Construction Official or his duly authorized
assistants to cause any building, plans or premises to be inspected
or examined and to order, in writing, the remedying of any conditions
found to exist in violation of any provision of this chapter.
E.
If the Construction Official determines that a development application
is required, the applicant shall be referred to the Administrative
Officer.
F.
When occupancy (public) is increased by the Board of Fire Commissioners
or Construction Board of Appeals, the applicant is required, within
30 days thereof, to submit signed plans for reevaluation by Code Enforcement
Officials for Code compliance.
G.
A certificate of occupancy must be obtained pursuant to the International
Building Code — New Jersey for all new constructions, reconstructions,
alterations, conversions or installations of a structure or building.
No certificate of occupancy shall be issued until all applicable requirements
of the International Building Code — New Jersey and the regulations
adopted thereunder, the site plan, subdivision, and plot plan have
been complied with, including all underground utilities, bituminous
stabilized base course for the roadway and grading within six inches
of approved finished grade which shall be shown on an as-built survey
certified by a New Jersey licensed land surveyor and approved by the
Woodbridge Township Division of Engineering. The as-built survey must
include a provision that the as-built grading contour will not result
in stormwater runoff for any adjacent properties. The as-built grading
survey shall not be a requirement for the issuance of a certificate
of occupancy for the construction of an addition to an existing single-family
residence when said addition does not exceed 25 percent of the gross
floor area of the existing structure, does not include new excavation
or foundation and does not require any bulk variance(s).
H.
Registration Required. All properties in the OSC/R Zone shall be
required to register annually, free of charge. Registration will include
initial inspection, and reinspection from time to time, as may be
necessary. Failure to register within ninety (90) days of the adoption
of this subsection, and each year thereafter, by January 15th, shall
constitute a violation in accordance with Section 150-97(A)(1) of
this Article, carrying a fine of up to $2,000 a day. A separate offense
shall be deemed to be committed on each day during or on which the
violation occurs or continues.
[Added 9-6-2016 by Ord.
No. 2016-52]
Applications for permits shall be made as prescribed in the
International Building Code — New Jersey. Applications
for development shall be made as prescribed in this chapter.
A.
No building or driveway appurtenant to any building or structure
shall be constructed, used or changed in the use, nor shall commercial
tenancies change in any building, until a zoning permit shall have
been issued by the Zoning Officer. The zoning permit shall confirm
the fact that the building, driveway, structure or proposed use complies
with the requirements of this chapter or with variances thereto as
approved by the appropriate municipal agency. The zoning permit shall
be applied for by the owner or his authorized agent prior to occupancy,
prior to a change in commercial tenants or coincident with the application
for a building permit and shall be issued within 10 days after the
above-referenced application. In the case where the Zoning Officer
shall decline to issue a zoning permit, his reasons for doing so shall
be stated upon a copy of the application therefor and that copy returned
to the applicant. A record of all zoning permits shall be kept on
file by the Zoning Officer and by the Construction Official, and copies
shall be furnished to any person having an ownership interest in the
property, building or driveway affected or to the authorized agent
of such owner. Upon the serving of notice by the Zoning Officer of
any violation of the provisions or requirements of this section with
respect to any building, driveway, structure or use thereof, the zoning
permit for such use shall thereupon without further action be null
and void and shall be reinstated upon satisfactory compliance with
the appropriate requirements of this chapter. These requirements shall
not apply to the use, reuse or sale of single-family residential dwellings.
B.
Except as provided by Subsection B(1) (2) (3) and (4) below, there should be a flat fee of $100 to be assessed and paid for by the applicant for each zoning permit, which fee is to be collected in the same manner as any other building fees.
(1)
There shall be a flat fee of $25 imposed for a zoning permit if the
premises is a residence and the applicant for the zoning permit is
the owner and occupant of the premises.
(2)
There shall be a flat fee of $25 imposed for a zoning permit if the
zoning permit is obtained for the purposes of constructing, using
or changing a driveway or fence.
(3)
There shall be a flat fee of $100 imposed for a zoning permit if
the zoning permit is obtained for a nonresidential property not exceeding
7,500 square feet.
(4)
There shall be a fee imposed for a zoning permit if the zoning permit
is obtained for a nonresidential property which exceeds 7,500 square
feet in accordance with the following schedule:
|
Fee
|
Area
(square feet)
|
|---|---|
|
$150
|
7,501 - 10,000
|
|
$200
|
10,000 - 1 acre
|
|
$250
|
1 acre - 2 acres
|
|
$350
|
3 acres - 10 acres
|
|
$450
|
10+ acres
|
A.
Establishment; Members. There is hereby established, pursuant to
N.J.S.A. 40:55D-1 et seq., in the Township of Woodbridge a Planning
Board of nine members, municipal residents, consisting of the following
four classes:
(1)
Class I: The Mayor, or the Mayor's designee in the absence of the
Mayor.
(2)
Class II: One of the officials of the municipality other than a member
of the governing body, to be appointed by the Mayor. The member of
the Environmental Commission who is also a member of the Planning
Board, as required by Section 1 of P.L. 1968, c. 245 (N.J.S.A. 40:56A-1),
shall be deemed to be the Class II Planning Board member for the purpose
of this chapter in the event that there are among the Class IV or
alternate members of the Planning Board both a member of the Board
of Adjustment and a member of the Board of Education.
(3)
Class III: A member of the governing body, to be appointed by it.
(4)
Class IV: Six other citizens of the municipality, to be appointed
by the Mayor. No member of Class IV shall hold another municipal office,
position or employment, except that one such member may be a member
of the Zoning Board of Adjustment or Historic Preservation Commission,
if there is one. One Class IV member may be a member of the Board
of Education. The member of the Environmental Commission who is also
a member of the Planning Board, as required by Section 1 of P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1) shall be a Class IV Planning Board member,
unless there are among the Class IV or alternate members of the Planning
Board both a member of the Board of Adjustment or Historic Preservation
Commission (if there is one) and a member of the Board of Education,
in which case the member common to the Planning Board and Environmental
Commission shall be deemed a Class II member of the Planning Board.
For the purpose of this section, membership on a municipal board or
commission whose function is advisory in nature, and the establishment
of which is discretionary and not required by statute, shall not be
considered the holding of a municipal office.
B.
Alternate Members. There shall be two 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.
C.
Terms of Office.
(1)
The term of the member of Class I shall correspond to his office
tenure. The terms of the members composing Class II and Class III
shall be for one year or terminate at the completion of their respective
terms of office, whichever occurs first, except for a Class II member
who is also a member of the Environmental Commission. The term of
a Class II or Class IV member who is also a member of the Environmental
Commission shall be for three years or terminate at the completion
of his term of office as a member of the Environmental Commission,
whichever occurs first. The term of a Class IV member who is also
a member of the Board of Adjustment or Board of Education shall terminate
whenever he is no longer a member of such other body or at the completion
of his Class IV term, whichever occurs first. The terms of all Class
IV members first appointed 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 years after their
appointments, provided that the initial Class IV term of no member
shall exceed four years. Thereafter, the Class IV term of each such
member shall be four years. All terms shall run from January 1 of
the year in which the appointment is made.
(2)
Any new appointments or reappointments to said Board shall be governed
by the provisions of this chapter.
(3)
The terms for alternate members shall be for two years, except that
the terms of the alternate members shall be such that the terms of
not more than one alternate member shall expire in one year; provided,
however, that in no instance shall the terms of the alternate members
first appointed exceed two years. A vacancy occurring otherwise than
by expiration of term shall be filled by appointment of the Mayor
for any unexpired term only.
D.
Conflicts of Interest; Removal for Cause.
(1)
No member or alternate member of the Planning Board shall be permitted
to act on any matter in which he has, either directly or indirectly,
any personal or financial interest.
(2)
Any member or alternate member other than a Class I member, after
a public hearing if he requests one, may be removed by the governing
body for cause.
(3)
Any member who shall fail to attend eight consecutive meetings without
just cause shall be removed by the governing body. A replacement shall
be made within 30 days by the designated appointing authority and
for the same remaining term as with the original appointment.
E.
Absent Members. A member of the Planning Board who was absent for
one or more of the meetings at which a hearing was held shall be eligible
to vote on the matter upon which the hearing was conducted, notwithstanding
his absence from one or more of the meetings; provided, however, that
such Board member has available to him the transcript or recording
of all of the hearings from which he was absent and certifies in writing
to the Board that he has read such transcript or listened to such
recording.
F.
Quorum. A quorum of the Planning Board shall be a majority of the
full authorized membership. If the Planning Board lacks a quorum because
any of its regular or alternate members is prohibited by this chapter
from acting on a matter due to the member's personal or financial
interests therein, regular members of the Board of Adjustment shall
be called upon to serve, for that matter only, as temporary members
of the Planning Board in order of seniority of continuous service
to the Board of Adjustment until there are the minimum number of members
necessary to constitute a quorum to act upon the matter without any
personal or financial interests therein, whether direct or indirect.
If a choice has to be made between regular members of equal seniority,
the Chairman of the Board of Adjustment shall make the choice.
G.
Organization of Board. The Planning Board shall elect a Chairman
and Vice Chairman from the members of Class IV and select a Secretary,
who may or may not be a member of the Planning Board or a municipal
employee.
H.
Expenses and Costs; Experts and Other Staff.
(1)
The governing body shall make provision in the municipal budget and
appropriate funds for the expenses of the Planning Board.
(2)
The Planning Board may employ or contract for and fix the compensation
of legal counsel, other than the Municipal Attorney, certified shorthand
reporter, planning and engineering experts and other staff and services
as it may deem necessary, not exceeding, exclusive of gifts or grants,
the amount appropriated by the governing body for its use.
I.
Powers and Duties. The Planning Board is authorized to adopt bylaws
governing its procedural operation. It shall also have the following
powers and duties:
(1)
To make and adopt and from time to time to amend a Master Plan for
the physical development of the municipality in accordance with this
chapter and the provisions of N.J.S.A. 40:55D-28.
(2)
To administer the provisions of the Land Subdivision and Site Plan
Regulations of the Township of Woodbridge in accordance with this
chapter, the provisions of said ordinances and N.J.S.A. 40:55D-1 et
seq.
(3)
To review and recommend actions regarding the Official Map in accordance
with the provisions of this chapter and N.J.S.A. 40:55D-32.
(4)
To review and administer the Zoning Regulations of the Township in
accordance with this chapter and N.J.S.A. 40:55D-64 regarding referrals
and N.J.S.A. 40:55D-67 regarding conditional uses which meet all conditions.
(5)
To prepare a program of municipal capital improvement projects projected
over a term of six years, and amendments thereto, and recommend same
to the governing body.
(6)
Grants of relief.
(a)
Whenever a proposed development requires approval pursuant to this chapter of a subdivision, site plan or conditional use, but not a variance pursuant to § 150-9I(4) of this chapter, the Planning Board shall have the power to grant to the same extent and subject to the same restrictions as the Board of Adjustment:
(b)
Whenever relief is required pursuant to this section, notice
of the hearing on the application for development shall include reference
to the request for a variance or direction for issuance of a permit,
as the case may be. The developer may elect to submit a separate application
requesting approval of the variance or direction of the issuance of
a permit and a subsequent application for any required approval of
a subdivision, site plan or conditional use. The separate approval
of the variance or direction of the issuance of a permit shall be
conditional upon grant of all required approval by the Planning Board.
No such subsequent approval shall be granted unless the approval can
be granted without substantial detriment to the public good and without
substantial impairment of the intent and purpose of the Zone Plan
and Zoning Regulations.
(7)
To participate in the preparation and review of programs or plans
required by State or Federal law or regulations.
(8)
To assemble data on a continuing basis as part of a continuous planning
process.
(9)
To consider and make reports, including recommendations to the governing
body, within 35 days after referral as to any proposed development
regulation, revision or amendment. The governing body, when considering
the adoption of a development regulation, revision or amendment thereto,
shall review the project and recommendations of the Planning Board
and may disapprove or change any recommendation by a vote of a majority
of its full authorized membership and shall record in its minutes
the reasons for not following such recommendations. Failure of the
Planning Board to transmit its report within the 35 day period provided
herein shall relieve the governing body from the requirements of this
subsection in regard to the proposed development regulation, revision
or amendment thereto referred to the Planning Board.
(10)
To consider and make reports to other municipal bodies or officer
having final authority thereon on matters authorized by ordinance
to be referred, provided that any matter under the jurisdiction of
the Zoning Board of Adjustment may be referred only at the request
of the Zoning Board of Adjustment. Such references shall not extend
the time for action by the referring body, whether or not the Planning
Board has submitted its report. Whenever the Planning Board shall
have made a recommendation regarding a matter authorized by this chapter
to another municipal body, such recommendation may be rejected only
by a majority of the full authorized membership of such other body.
(11)
To perform such other advisory duties as are assigned to it
by ordinance or resolution of the governing body for the aid and assistance
of the governing body or other agencies or officers.
(12)
At the request of the developer, the Technical Review Committee
shall grant an informal review of a concept plan for a development
for which the developer intends to prepare and submit an application
for development. The developer shall not be bound by any concept plan
for which review is requested, and the Technical Review Committee
shall not be bound by any such review.
(13)
To approve planned developments in order to encourage and promote
flexibility and economy in layout and design in accordance with this
chapter and pursuant to the provisions of N.J.S.A. 40:55D-39 and to
grant approvals to general development plans consistent with the provisions
of N.J.S.A. 40:55D-45. Prior to granting approval to any planned development,
the Planning Board shall find the following facts and conclusions:
(a)
Those departures by the proposed development from zoning regulations
otherwise applicable to the subject property conform to the zoning
ordinance standards pursuant to N.J.S.A. 40:55D-65c.
(b)
That the proposals for maintenance and conservation of the common
open space are reliable, and the amount, location and purpose of the
common open space are adequate.
(c)
That provisions through the physical design of the proposed
development for public services, control over vehicular and pedestrian
traffic and the amenities of light and air, recreation and visual
enjoyment are adequate.
(d)
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established.
(e)
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
(f)
The general development plan shall comply with the provisions
listed in N.J.S.A. 40:55D-45.1 — 45.8.
A.
Members. There is hereby established, pursuant to N.J.S.A. 40:55D-1
et seq., a Municipal Zoning Board of Adjustment consisting of seven
members, residents of the Township of Woodbridge, who shall be appointed
by the governing body and who shall not hold any elective office or
positions under the municipality.
B.
Alternate Members. There may be two alternate members of the Zoning
Board of Adjustment, appointed by the governing body, who shall be
designated by the Chairman 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. 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 to which alternate member is to vote, Alternate No. 1
shall vote.
C.
Terms of Office.
(1)
The terms of the members first appointed under this chapter shall
be so determined that, to the greatest practicable extent, the expiration
of such terms shall be distributed, in the case of regular members,
evenly over the first four years after their appointments and, in
the case of alternate members, evenly over the first two years after
their appointment, provided that the initial term of no regular member
shall exceed four years, and that the initial term of no alternate
member shall exceed two years. Thereafter, the term of each regular
member shall be four years, and the term of such alternate member
shall be two years. A vacancy occurring otherwise than by expiration
of term shall be filled for the unexpired term only.
D.
Conflict of Interest; Removal for Cause.
(1)
No member or alternate member of the Zoning Board of Adjustment shall
be permitted to act on any matter in which he has, either directly
or indirectly, any personal or financial interest.
(2)
Any member or alternate member, after a public hearing if he requests
one, may be removed by the governing body for cause.
(3)
Any member who shall miss eight consecutive meetings without just
cause shall be removed by the appointing authority. A replacement
shall be made within 30 days by the same appointing authority and
for the same remaining term as with the original appointment.
E.
Absent Members. A member of the Zoning Board of Adjustment who was
absent for one or more of the meetings at which a hearing was held
shall be eligible to vote on the matter upon which the hearing was
conducted, notwithstanding his absence from one or more of the meetings;
provided, however, that such Board member has available to him the
transcript or recording of all the hearings from which he was absent
and certifies in writing to the Board that he has read such transcript
or listened to such recording.
F.
A quorum of the Zoning Board of Adjustment shall be a majority of
the full authorized membership. If the Board of Adjustment lacks a
quorum because any of its regular or alternate members is prohibited
from acting on a matter due to the member's personal or financial
interest therein, Class IV members of the Planning Board shall be
called upon to serve, for that matter only, as temporary members of
the Board of Adjustment. The Class IV members of the Planning Board
shall be called upon to serve in order of seniority of continuous
service to the Planning Board until a minimum number of members necessary
to constitute a quorum to act upon the matter without any personal
or financial interest therein, whether direct or indirect. If a choice
has to be made between Class IV members of equal seniority, the Chairman
of the Planning Board shall make the choice.
G.
Organization of Board. The Zoning Board of Adjustment shall elect
a Chairman and Vice Chairman from its members and select a Secretary,
who may or may not be a member of the Board of Adjustment or a municipal
employee.
H.
Expenses and Costs; Experts and Other Staff.
(1)
The governing body shall make provision in the municipal budget and
appropriate funds for the expenses of the Board of Adjustment.
(2)
The Board of Adjustment may employ or contract for and fix the compensation
of legal counsel, other than the Municipal Attorney, certified shorthand
reporter, planning and engineering experts and other staff and services
as it shall deem necessary, not exceeding, exclusive of gifts and
grants, the amount appropriated by the governing body for its use.
I.
Powers and Duties. 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 an Administrative Officer based on or made in the enforcement of
the Zoning Ordinance.
(2)
Hear and decide requests for interpretation of the Zoning Map or
Zoning Ordinance or for decisions upon other special questions which
such Board is authorized to pass by any zoning or Official Map ordinance.
(3)
Grant of variance.
(a)
Where, by reason of exceptional narrowness, shallowness or shape
of a specific piece of property, or by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property or by reason of an extraordinary and exceptional situation
uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any zoning regulation
of the Township 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 or such
regulation so as to relieve such difficulties or hardship;
(b)
Where, in an application or appeal relating to a specific piece of property, the purposes of this chapter would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from the zoning regulations; provided, however, that no variance from those departures enumerated in this § 150-9I(4) shall be granted under this subsection; 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 has power to review a request for a variance in accordance with the provisions in § 150-8I(6)(a)[1].
(4)
Grant a variance to allow a principal structure or use in a district
restricted against such principal structure use, an expansion of a
nonconforming use, deviation from a specification or standard pursuant
to Section 54 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-67), an increase
in the permitted floor area ratio, an increase in the permitted density,
except as applied to the required lot area for a lot or lots for detached
one- or two-dwelling unit buildings, which lot or lots are either
an isolated undersized lot or lots resulting from a minor subdivision,
or a height of a principal structure which exceeds by 10 feet or 10
percent the maximum height permitted in the district for a principal
structure. A variance under this subsection shall be granted only
by the affirmative vote of at least five members of the full authorized
membership of the Board. If an application for development requests
one or more variances but not a variance for a purpose enumerated
in this subsection, the decision on the requested variance or variances
shall be rendered pursuant to Section 57 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-70c). No variance or other relief may be granted under the
terms of this section unless such variance or other relief can be
granted without substantial detriment to the public good and will
not substantially impair the intent and purpose of the Zone Plan and
the Zoning Regulations of this chapter. An application under this
section may be referred to any appropriate person or agency for its
report, provided that such reference shall not extend the period of
time within which the Zoning Board of Adjustment shall act.
(5)
Direct the issuance of permits for buildings or structures in the
bed on any street or public drainageway, flood control basin or public
area reserved as shown on the Official Map or shown on a legally filed
plat before adoption of the Official Map. Whenever one or more parcels
of land upon which is located the bed or such mapped street or public
drainageway, flood control basin or public area cannot yield a reasonable
return to the owner unless a building permit is granted, the Board
of Adjustment may, in a specific case, by an affirmative vote of a
majority of the full authorized membership of the Board, direct the
issuance of a permit for a building or structure in the bed of such
mapped street or public drainageway or flood control basin or public
area which will as little as practicable increase the cost of opening
such street or tend to cause a minimum change of the Official Map;
and the Board shall impose reasonable requirements as a condition
of granting the permit so as to promote the health, morals, safety
and general welfare of the public. The Board of Adjustment shall not
exercise the power otherwise granted by this subsection if the proposed
development requires approval by the Planning Board of a subdivision,
site plan or conditional use in conjunction with which the Planning
Board has the power to direct the issuance of a permit pursuant to
N.J.S.A. 40:55D-60b.
(6)
Direct the issuance of a permit for a building or structure not related
to a street where the enforcement of the requirement that every lot
shall abut a street giving access to such proposed building or structure
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 may, upon application
or appeal, vary this provision and direct the issuance of a permit
subject to conditions that will provide adequate access for firefighting
equipment, ambulances and other emergency vehicles necessary for the
protection of health and safety and that will protect any future street
layout shown on the Official Map or on a general circulation plan
element of the Municipal Master Plan. The Board of Adjustment shall
not exercise the power otherwise granted by this subsection if the
proposed development requires approval by the Planning Board of a
subdivision, site plan or conditional use in conjunction with which
the Planning Board has power to direct the issuance of a permit to
N.J.S.A. 40:55D-60c.
J.
The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to Article V and Article VI of this chapter or conditional use approval pursuant to Article III, § 150-44 of this chapter whenever the proposed development requires approval by the Board of Adjustment of a use variance. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the Zone Plan and Zoning Ordinance. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this act for the approval in question and the special vote pursuant to § 150-9I(4) of this article.
K.
Environmental Commission Review. Whenever the Environmental Commission
has prepared and submitted to the Planning Board and the Board of
Adjustment an index of the natural resources of the municipality,
the Board shall make available to the Environmental Commission an
informational copy of every application for development submitted
to them. Failure of the Boards to make such informational copy available
to the Environmental Commission shall not invalidate any hearing or
proceeding.
*Note: References herein to the municipal agencies shall refer
to the Planning Board and Zoning Board of Adjustment.
A.
Basic Course in Land Use Law and Planning.
(1)
All regular and alternate members of the Planning Board/Zoning Board
shall be required to successfully complete a course in land use law
and planning which has been authorized by the NJ Commissioner of Community
Affairs and/or New Jersey Planning Officials within 18 months of assuming
Board membership. No new member of the Planning Board shall be seated
as a first term member or alternate member of the Planning Board unless
the person agrees to complete the basic course required and completes
that course within 18 months of assuming Board membership. The Mayor
or Class I member, a member of the governing body serving as a Class
III member, and any person licensed as professional planner shall
be exempt from this requirement.
B.
Meetings.
(1)
Every municipal agency shall by its rules fix the time and place
for holding its regular meetings for business authorized to be conducted
by such agency. Regular meetings of the municipal agency 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 municipal agency may provide for special meetings, at the call
of the Chairman, or on the request of any two of its members, which
shall be held on notice to its members and the public in accordance
with State law. No action shall be taken at any meeting without a
quorum's being present. All actions shall be taken by a majority vote
of the members of the municipal agency present at the meeting, except
as otherwise required by this chapter. Failure of a motion to receive
the number of votes required to approve an application for development
pursuant to the exceptional vote requirements of this chapter shall
be deemed an action denying the application. Nothing herein shall
be construed to contravene any act providing for procedures for governing
bodies.
(2)
All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
State law. An executive session for the purpose of discussing certain
matters as specified by State law shall not be deemed a regular or
special meeting within the meaning of this chapter.
(3)
Minutes of every regular or special meeting shall be kept and shall
include the names of the persons appearing and addressing the municipal
agency and of the persons appearing by attorney, the action taken
by the municipal agency, the findings, if any, made by it and the
reasons thereof. The minutes shall thereafter be made available for
public inspection during normal business hours at the office of the
Secretary. Any interested party shall have the right to compel production
of the minutes for use as evidence in any legal proceedings concerning
the subject matter of such minutes. Such interested party may be charged
a reasonable fee as specified by municipal ordinance for reproduction
of the minutes for his use.
C.
Hearings.
(1)
The municipal agency shall hold a hearing on each application for
development.
(2)
The municipal agency shall make the rules governing such hearings.
Any maps and documents for which approval is sought at a hearing shall
be on file and available for public inspection at least 10 days before
the date of the hearing during normal business hours in the office
of the Secretary. The applicant may produce other documents, records
or testimony at the hearing to substantiate or clarify or supplement
the previously filed maps and documents.
(3)
The officer presiding at the hearing or such person as he may designate
shall have power to administer oaths, 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 shall apply.
(4)
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.
(5)
Technical rules of evidence shall not be applicable to the hearing,
but the agency may exclude irrelevant, immaterial or unduly repetitious
evidence.
(6)
The municipal agency shall provide for the verbatim recording of
the proceedings by either stenographer, mechanical or electronic means.
The municipal agency shall furnish a transcript, or duplicate recording
in lieu thereof, on request to any interested party at his expense.
The municipal agency, in furnishing a transcript of the proceedings
to an interested party at his expense, shall not charge such interested
party more than the maximum permitted in N.J.S.A. 2A:11-15. Said transcript
shall be certified in writing by the transcriber to be accurate.
(7)
The municipal agency shall include findings of fact and conclusions
based thereon in each decision on any application for development
and shall reduce the decision in writing. The municipal agency shall
provide the findings and conclusions through:
(a)
A resolution adopted at a meeting held within the time period
provided in the act for action by the municipal agency on that application
for development; or
(b)
A memorializing resolution adopted at a meeting, held not later than 45 days after the date of the meeting at which the municipal agency voted to grant or deny approval. Only the members of the municipal agency who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to this chapter (resulting from the failure of a motion to approve an application) shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the municipal agency and not to be an action of the municipal agency; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, findings, and publications required by § 150-10C(8) of this chapter. If the municipal agency fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the municipal agency to reduce its findings and conclusions to writing within a stated time and the cost of the application, including attorney's fees, shall be assessed against the municipality.
(8)
A copy of the decision shall be mailed by the municipal agency within
10 days of the date of decision to the applicant or, if requested,
then to his attorney, without separate charge, and to all who request
a copy of the decision for a reasonable fee. A copy of the decision
shall also be filed by the municipal agency in the office of that
agency. The Secretary shall make a copy of such filed decision available
to any interested party for a reasonable fee as specified by municipal
ordinance, and it shall be available for public inspection at his/her
office during normal business hours.
(9)
A brief notice of the decision shall be published in the official
newspaper of the municipality, if there is one, or in a newspaper
of general circulation in the municipality. Such publication shall
be arranged by the applicant for an application which receives an
approval by the municipal agency. The publication of notice for an
application which has received a denial by the municipal agency shall
be arranged for by the Administrative Officer. The period of time
in which an appeal of the decision may be made shall run from the
first publication of the decision.
D.
Contents of Notice of hearing on application for development and adoption of Master Plan. Notices pursuant to this chapter 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 F of this section, an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available pursuant to Subsection C(2) of this section.
E.
Notice of Applications. Notice pursuant to this subsection shall
be given by the applicant at least 10 days prior to the date of hearing.
(1)
Public notice of hearing on an application for development shall
be given (except for minor site plan review) pursuant to this chapter,
minor subdivisions pursuant to this chapter or final approval pursuant
to this chapter, provided that public notice of a hearing shall be
required for a major site plan request, and further provided that
public notice shall be given in the event that the Planning Board
is acting lieu of the Zoning Board of Adjustment. Public notice shall
be given by publication in an official newspaper of the municipality,
if there is one, or in a newspaper of general circulation in the municipality.
(2)
Notice of a hearing requiring public notice pursuant to Subsection E(1) of this section shall be given to the owners of all property as shown on the current tax duplicate, located in the state and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the condominium association in the case of any unit owner whose unit has a unit above or below it, or the horizontal property regime in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the property owner as shown on the current tax duplicate or his agent in charge of the property or mailing a copy thereof by certified mail to the property owner at this address as shown on said current tax duplicate. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.
(3)
Upon written request of an applicant, the Administrative Officer
of the municipality shall, within seven days, make and certify a list
from said current tax duplicates of names and addresses of those owners
pursuant to this article. In addition, the Administrative Officer
shall include on the list the names, addresses and positions of those
persons who, not less than seven days prior to the date on which the
applicant requested the list, have registered to receive notice pursuant
to this article. The applicant shall be entitled to rely upon the
information contained in such list, and failure to give notice to
any owner or to any public utility, cable television company or local
utility not on the list shall invalidate any hearing or proceeding.
A sum not to exceed $0.25 per name or $10, whichever is greater, may
be charged for such list.
(4)
Notice of all hearings on applications for development involving
property located within 200 feet of an adjoining municipality shall
be given by personal service or certified mail to the clerk of such
municipality.
(5)
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 200 feet of a municipal boundary.
(6)
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.
(7)
Notice shall be given by personal service or certified mail to the
State Planning Commission of a hearing on an application for development
of property which exceeds 150 acres or 500 dwelling units. Such notice
shall include a copy of any maps or documents required to be on file
with the Secretary.
(8)
The applicant shall file an affidavit of proof of service with the
municipal agency holding the hearing on the application for development
in the event that the applicant is required to give notice pursuant
to this section.
(9)
Notice of hearing on applications for approval of a major subdivision
or a site plan not defined as a minor site plan in this chapter requiring
public notice pursuant to this article shall be given, in the right-of-way
or easement within the municipality and which has registered with
the municipality in accordance with this article, by serving a copy
of the notice on the person whose name appears on the registration
form on behalf of the public utility, cable television company or
local utility, or by mailing a copy thereof by certified mail to the
person whose name appears on the registration form at the address
shown on that form.
(a)
Every public utility, cable television company and local utility
interested in receiving notice pursuant to this article and N.J.S.A.
40:55D-12h may register with the municipality if the public utility,
cable television company or local utility has a right-of-way or easement
within the municipality. The registration shall remain in effect until
revoked by the public utility, cable television company or local utility
or by its successor in interest.
(b)
The Administrative Officer of the municipality shall adopt a
registration form and shall maintain a record of all public utilities,
cable television companies and local utilities which have registered
with the municipality pursuant to this article. The registration form
shall include the name of the public utility, cable television company
or local utility and the name, address and position of the person
to whom notice shall be forwarded, as required pursuant to this article
and N.J.S.A. 40:55D-12h. The information contained therein shall be
made available to any applicant, as provided in N.J.S.A. 40:55D-12c.
(c)
The municipality shall collect a registration fee of $1,000
from any public utility, Cable Television Company or local utility
which registers to receive notice pursuant to this article.
F.
Notice Concerning Master Plan and Development Regulations. Notice
shall be given as follows:
(1)
Public notice of a hearing on adoption, revision or amendment of
the Master Plan and development regulations. Such notice shall be
given by publication in the official newspaper of the municipality,
if there is one, or in a newspaper of general circulation in the municipality
at least 10 days prior to the date of the hearing.
(2)
Notice by personal service or certified mail to the clerk of an adjoining
municipality of all hearings on adoption, revision or amendment of
a Master Plan and development regulations involving property situated
within 200 feet of such adjoining municipality at least 10 days prior
to the date of any hearing.
(3)
Notice by personal service or certified mail to the County Planning
Board of:
(a)
All hearings on the adoption, revision or amendment of the Municipal
Master Plan and development regulations at least 10 days prior to
the date of the hearing. Such notice shall include a copy of any such
proposed Master Plan, or any revision or amendment thereto.
(b)
The adoption, revision or amendment of the Master Plan and development
regulations not more than 30 days after the date of such adoption,
revision or amendment. Such notice shall include a copy of the Master
Plan, development regulations or revision or amendment thereto, as
the case may be.
G.
Effect of Mailing Notice. Any notice made by certified mail shall
be deemed complete upon mailing.
H.
Fees and Escrow Deposits. 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.
(1)
Escrow deposits for professional services.
(a)
The Township of Woodbridge, acting through its Planning Board
and/or Board of Adjustment, shall require fees for technical and/or
professional services and testimony employed to the Board in reviewing
an application. Fees required for this purpose shall be held in an
escrow account by the Township.
(b)
Fees for technical and/or professional services shall be in
addition to any and all other required fees.
(c)
The applicant shall pay for professional review services which
are reasonably necessary for the review, processing, research and/or
memorialization of any application for development. These services
may include, but not be limited to, an attorney, professional planner,
professional engineering, traffic engineer, environmental consultant
and/or other professional as deemed necessary by the reviewing Board.
(d)
If the Board determines that, because of the complexity of an
application, the services of a traffic engineer or professional other
than an engineer, planner and attorney are needed, an additional escrow
fee equal to the cost of said services may be required before the
next scheduled hearing.
(e)
All costs for the review and inspection of any application for
development shall be paid prior to the issuance of an approved plan,
and all remaining costs shall be paid in full before an occupancy
of the premises is permitted, or a certificate of occupancy is issued.
(f)
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.
(g)
Each applicant shall provide the Township with a Federal tax
identification number or Federal social security number.
(h)
All payments charged to the individual application escrow deposit
shall be pursuant to charges from the professionals stating the hours
spent, the hourly rate and the expenses incurred. The municipality
shall render a written final accounting to the developer on the uses
to which the escrow deposit was put. Thereafter, the municipality
shall, upon written request, provide copies of the vouchers to the
developer.
(i)
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 percent of the sum of the products resulting
from multiplying the hourly base salary of each of the in-house professionals
and support by the number of hours spent on the respective review
of the application for development. For other professionals, the charge
to the deposit shall be at the same rate as all other work of the
same nature by the professionals for the municipality.
(2)
Exception from escrow deposit requirements.
(a)
A waiver of application fees for nonprofit housing units being
provided by the applicant for low- and moderate-income families consistent
with the criteria established by the New Jersey Council on Affordable
Housing may be granted by the governing body.
(b)
When the governing body determines that the application will
serve a public purpose and promote the public health, safety and welfare,
the following applicants may request a waiver of the required escrow
deposit:
(c)
Any organization qualifying for Subsection H(2)(b)[2] above must hold a tax-exempt status under the Federal Internal Revenue Code of 1954 [26 U.S.C. § 501(c) or (d)].
(3)
Submission of escrow deposit.
(a)
The applicant shall submit the required escrow deposit to the
Administrative Officer prior to the application being reviewed for
completeness. No applicant shall be determined complete, reviewed
by professional staff or placed on the agenda for public hearing until
the required escrow deposit is paid.
(b)
Required escrow deposits shall be in the form of cash, money
order or check payable to the Township of Woodbridge.
(4)
Escrow for concept/informal review.
(a)
Whenever an applicant requires an informal review of an application
for development, involving technical or professional advisors, an
escrow deposit shall be required in accordance with the schedule for
formal applications. The deposit must be received prior to professional
review. There shall be a fee assessed for each informal review that
might be required for any reason.
(b)
Any escrow deposit received for informal review shall be in
addition to the required escrow deposit for informal review shall
be in addition to the required escrow deposit for formal applications.
The cost for professional services involved in the informal review
shall be considered part of the formal application review and charged
to the escrow account.
(d)
Capital project review fees shall be $750.
(5)
Schedule of required application charges.
(a)
Except as enumerated in Subsection H(2) of this section, the municipal agency shall charge fees for administration of its functions, powers and duties as follows:
[1]
Variances: Fees shall be in addition to any required subdivision
and/or site plan fees.
|
Type of Application
|
Application Fee/Escrow Fee
|
|---|---|
|
Appeals
|
$100/$250
|
|
Interpretation (40:55D-70a)
|
$75/$1,000
|
|
Bulk (40:55D-70c) hardship
| |
|
Residential
|
$75 per violation/$100 for violations not requiring site plan
or subdivision approval
|
|
Nonresidential
|
$125 per violation/$100 for violations not requiring site plan
or subdivision approval
|
|
Use (40:55D-70d)
| |
|
Residential
|
$500/$2,500 for violations not requiring site plan or subdivision
approval
|
|
Nonresidential
|
$500/$2,500 for violations not requiring site plan or subdivision
approval
|
|
Permit (40:55D-34 and 35)
|
$150/$250
|
|
Conditional use permit
|
$200/$1,000
|
|
Request for rezoning
|
$500/$2,000
|
[2]
Subdivisions: Fees shall be in addition to any required variance
fees.
|
Type of Application
|
Application Fee/Escrow Fee
|
|---|---|
|
Minor plat
|
$300 plus $15 per lot/$2,500 (3 lots or less); $4,000 (4 lots)
|
|
Preliminary major plat
|
$500 plus $15 per lot/See below
|
|
Final major plat
|
$300 plus $15 per lot/See below
|
|
Amended minor subdivision, preliminary and/or final major subdivision
|
33% of original application fee/See below
|
|
Each submission of revised plans
|
33% of original application fee/33% of original escrow fee
|
[4]
Site plans: Fees shall be in addition to any required variance
fees.
|
Type of Application
|
Application Fee/Escrow Fee
|
|---|---|
|
Minor site plan
|
$300/$2,000
|
|
Preliminary site plan
|
$500/See below
|
|
Final site plan
|
$300 or 33% of preliminary application fee; whichever is greater/$1,000
or 33% of the preliminary escrow fee, whichever is greater
|
|
Amended minor site plan, preliminary and/or final major site
plan
|
33% of original application/See below fee
|
|
Each submission of revised plans
|
33% of original application/33% of original escrow fee
|
[5]
Preliminary site plan escrow fee:
[a]
Residential site plan:
|
Number of Lots
|
Escrow Fee
|
|---|---|
|
0 to 9
|
$3,000
|
|
10 to 25
|
$4,500
|
|
26 to 50
|
$6,000
|
|
51 to 100
|
$7,500
|
|
101 to 250
|
$10,000
|
|
251 to 500
|
$12,000
|
|
Over 500
|
$14,000
|
[b]
Nonresidential site plan:
|
Gross Floor Area
(square feet)
|
Escrow Fee
|
|---|---|
|
0 to 500
|
$3,000
|
|
501 to 1,000
|
$4,000
|
|
1,001 to 5,000
|
$4,500
|
|
5,001 to 10,000
|
$7,000
|
|
10,001 to 15,000
|
$9,000
|
|
15,001 to 20,000
|
$10,000
|
|
20,001 to 25,000
|
$12,500
|
|
25,001 to 100,000
|
$15,000
|
|
Over 100,000
|
$18,000
|
(b)
The application fees delineated for administration of the municipal
agency's functions, power and duties in this section shall not be
charged and collected from any charitable, philanthropic fraternal
or religious nonprofit organization holding a tax-exempt status under
the Federal Internal Revenue Code of 1954 [26 U.S.C. 501(c) or (d)].
(c)
Resubmissions.
[1]
Applicants shall pay escrow deposit fees based upon 33 percent
of the original submission fee for any resubmission of any revised
plans, including applications for use variances, preliminary subdivisions,
final subdivisions, preliminary site plans, final site plans, planned
unit development applications and general development plan applications.
[2]
If plans are resubmitted in accordance with conditions of approval
by the appropriate Board, the escrow deposit fee for each resubmission
shall be one-third of the original escrow fee.
(d)
Special design elements. Applicants shall pay escrow fees based
upon 20 percent of the original escrow fee, when and as determined
by the reviewing Board that the proposed project includes a special
design consideration, such as but not limited to a sanitary sewer
pump station, detention or retention ponds, a potable water storage
facility, traffic signalization devices, off-tract improvements, etc.
(e)
Request for rezoning. Any property owner seeking a rezoning
of its property shall pay an escrow fee of $1,500.
(6)
Review of escrow deposit amount.
(a)
Prior to making a determination of completeness upon any application,
the Administrative Official shall review said application to determine
whether the escrow amount set forth above is sufficient. If the amount
set forth is determined insufficient by the Administrative Official
or reviewing Board to cover professional costs anticipated for the
application, additional funds in the amount of one-third 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.
(b)
Further additional escrow deposit fees may be required at any
time upon determination by the reviewing Board. All approvals shall
be conditional upon receipt of such additional fees deposited by the
applicant in increments of one-third of the initially required escrow
fee, when and as determined necessary by the reviewing Board. No building
permits or certificates of occupancy shall be issued until all required
escrow funds have been received.
(7)
Escrow deposit submission. The escrow amount shall be deposited by
the Township into an official depository of the Township in a separate
interest-bearing escrow account in the name of the Township and the
applicant. The custodian of the account shall be the Director of Finance.
The custodian shall notify the applicant, in writing, of the name
and address of the depository and the amount of the deposit. Disbursements
for professional review services shall be made in accordance with
State law and Township procedures. Deposit amounts shall be transmitted
pursuant to State statute and applicable Township regulations and
ordinances. When charges for review fees are received by the custodian
of the escrow account, the entire amounts shall be transferred to
the general fund of the Township for approval and disbursements. In
accordance with N.J.S.A. 40:55D-53.1, sums not utilized in the review
process shall be returned to the applicant. If additional sums are
deemed necessary, the applicant shall be notified of the required
additional amount and shall add such sum to the escrow as detailed
elsewhere in this submission.
(8)
Escrow amounts 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 provide
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 rate currently
paid by the institution or depository on time or saving 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 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 percent of that entire amount which shall be in lieu
of all other administrative and custodial expenses.
(9)
Accounting fees. In the event that any applicant desires an accounting
of the expenses or fees paid by him for professional review, he shall
request such in a letter directed to the Administrative Officer. Such
additional amount as may be required for said accounting shall be
paid to the Planning Board or Board of Adjustment prior to issuance
of a certificate of occupancy in the event that there are insufficient
escrow funds to pay for said account.
(10)
Refunds. All escrow funds described herein shall be utilized
by the appropriate Board to pay the cost of any technical and/or professional
services incurred by the Board for review and/or testimony in connection
with the particular application. All funds not expended shall be refunded
to the applicant within 180 days after the final determination by
the appropriate Board with respect to such application. No amount
shall be refunded prior to certification by the Board Secretary that
said application has been finally determined and is in compliance
with all Board approvals.
(11)
Rules and regulations. Pursuant to Municipal Charter, the Township
shall promulgate rules and regulations for the administration of all
processing of the provisions of these escrow deposit regulations in
compliance with all applicable Township ordinances and State laws.
I.
The application charge is a flat fee to cover direct administrative
expenses and is nonrefundable. The escrow account is established to
cover the costs of professional services, including engineering, legal,
planning and other expenses connected with the review of the submitted
materials. 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.
J.
Where one application for development includes several approved requests,
the sum of the individual required fees shall be paid.
K.
Each applicant for subdivision or site plan approval shall agree
in writing to pay all reasonable costs for professional review of
the application, including costs incurred with any informal review
of a concept plan which may have preceded the submission of a preliminary
application. Additionally, each applicant shall agree in writing to
pay all reasonable costs for the municipal inspection of the constructed
improvements. All such costs for review and inspection must be paid
before any construction permit is issued and all remaining costs must
be paid in full before any occupancy of the premises is permitted
or certificate of occupancy issued.
L.
If an applicant desires a court reporter, the cost of taking testimony
and transcribing it and providing a copy of the transcript to the
municipality shall be at the expense of the applicant who shall arrange
for the reporter's attendance.
M.
The municipality shall make all of the payments to professionals
for services rendered to the municipality for review of applications
for development, review and preparation of documents, inspection of
improvements or other purposes under the provisions of N.J.S.A. 40:55D-1
et seq. The escrow deposit shall be placed in an escrow account pursuant
to N.J.S.A. 40:55D-53.1. The amount of the deposit required shall
be reasonable in regard to the scale and complexity of the development.
All payments charged to the deposit shall be pursuant to vouchers
from the professionals stating the hours spent, the hourly rate and
the expenses incurred. The municipality shall render a written final
accounting to the developer on the uses to which the deposit was put.
Thereafter, the municipality shall, upon written request, provide
copies of the vouchers to the developer. If the salary, staff support
and overhead for a professional are provided by the municipality,
the charge to the deposit shall not exceed 200 percent of the sum
of the product resulting from multiplying the hourly base salary of
each of the professionals by the number of hours spent by the respective
professional on review of the application for development or the developer's
improvements, as the case may be. For other professionals, the charge
to the deposit shall be at the same rate as all other work of the
same nature by the professional for the municipality.
N.
If an applicant refuses to pay any outstanding and reasonable costs
incurred in the review of an application, regardless of the Board's
determination, the Township will place a lien on said property associated
with the application.
A.
The Development Ordinance, or any revision or amendment thereto,
shall not take effect until a copy thereof shall be filed with the
County Planning Board. The Secretary of the County Planning Board
shall, within 10 days of the date of receipt of a written notice for
copies of any such ordinance, make such available to the party so
requesting with said Secretary's certification that said copies are
true and that all filed amendments are included. A reasonable charge
may be made by the County Planning Board for said copies.
B.
The Official Map of the municipality shall not take effect until
filed with the County Recording Officer.
C.
Copies of all development regulations, and any revisions or amendments
thereto, shall be filed and maintained in the office of the Municipal
Clerk.
D.
A protest against any proposed amendment or revision of a zoning
ordinance or zoning map may be filed with either the Municipal Clerk,
signed by the owners of 20 percent or more of the area either of the
lots or land included in such proposed change, or of the lots or land
extending 200 feet in all directions therefrom inclusive of street
space, whether within or without the municipality. Such amendment
or revision shall not become effective following the filing of such
protest except by the favorable vote of two-thirds of all the members
of the governing body of the municipality.
A.
An application for development is required for all development as
defined in this chapter. No permit shall be issued until approval
has been given by the municipal agency for those applications requiring
approval.
B.
Development applications involving requests for a site plan approval,
conditional use, subdivision and/or variance from the standards of
the zoning regulations may be submitted for simultaneous review by
the municipal agency.
C.
All development applications shall be submitted to the Administrative
Officer for referral to the proper municipal agency. All applications
shall conform to the requirements included in the submission checklists
found in this article. Requests for waiver of any of the requirements
of the submission checklists shall be submitted to the Administrative
Officer for referral to the proper approving board.
D.
All development applications shall conform to the following submission
checklist requirements according to the type of approval being sought:
(1)
Application to vary or modify the provisions of this chapter for
single-family/two-family dwellings shall include:
(a)
Four copies of completed application.
(b)
One denial of building permit (recommended).
(c)
One Tax Map, including subject property.
(d)
One certification that all taxes on the property have been paid
and that there are no outstanding assessments for local improvements.
(e)
List of names and addresses of persons having 10 percent interest
or more in the corporation or partnership (if applicable).
(f)
Two sets of photographs showing the following views; front of
subject property; rear of subject property; and opposite side of the
street.
(g)
Ten sets of a survey, which indicates all existing and proposed
buildings and structures with all front, side and rear yard dimensions,
together with prevailing setback in the area.
(h)
Five sets of building plans, either bearing the seal of a licensed
architect in the State of New Jersey or certified as having been prepared
by the homeowner for his own use and occupancy. (Note: All two-and
three-family dwellings shall require an architect's certification.)
(i)
Fee as required by this chapter.
(2)
Application to vary or modify the provisions of this chapter or, for direction pursuant § 150-9I(6) to this chapter (multifamily, commercial and industrial uses).
(a)
Four copies of completed application.
(b)
One denial of building permit (recommended).
(c)
One Tax Map including subject property.
(d)
(Reserved)
(e)
List of names and addresses of persons having 10 percent interest
or more in the corporation or partnership (if applicable).
(f)
Two sets of photographs showing the following views: front of
subject property; rear of subject property; and opposite side of the
street.
(g)
*Twelve copies of a current survey prepared by a licensed surveyor
of the State of New Jersey and/or professional engineer, including
all existing and proposed buildings and structures with all front,
side and rear yard dimensions, existing and proposed pavement, parking
and loading areas, outdoor storage areas (if applicable), refuse storage
areas and method of screening, on-site lighting, proposed or existing
freestanding signs, method of controlling stormwater drainage and
landscaping.
(h)
*Twelve copies of floor plans and building elevations prepared
by a licensed architect of the State of New Jersey.
(i)
Fee as required by this chapter.
|
*NOTE: Not applicable where simultaneous site plan
submission is made.
|
(3)
Application for conditional use permit.
(a)
*Twelve sets of plans providing all details required in this
chapter relative to the specific conditional use, and including a
current survey showing all existing and proposed buildings and structures
with all front, side and rear yard dimensions; pavement; parking and
loading areas; outdoor storage areas; refuse storage areas and method
of screening; on-site lighting; freestanding signs; landscaping; fencing;
method of controlling stormwater and drainage (NOTE: Surveys shall
be prepared by a New Jersey licensed land surveyor. Improvements to
or adjacent to the site shall be prepared by a New Jersey licensed
professional engineer or architect.); and floor plans and building
elevations, prepared by a New Jersey licensed architect.
(b)
Four copies of completed application for conditional use permit.
(c)
List of names and addresses of persons having 10 percent interest
or more in the corporation or partnership (if applicable).
(d)
Statement as to status of other required approvals (municipal,
County, State, Federal, other).
(e)
One denial of a building permit (recommended).
(f)
One Tax Map of the area.
(g)
Two sets of photographs showing the following views; front of
subject property; rear of subject property; and opposite side of the
street.
(h)
Fee as required by this chapter.
(i)
Other applications for development for simultaneous review and
approval.
|
*NOTE: If simultaneous review of application for
site plan approval is involved, details required in this chapter relative
to the specific conditional use shall be included in the site plan
submission.
|
(4)
Application for minor site plan, preliminary major site plan and
final major site plan.
(a)
Twelve prints of site plan prepared in accordance with this
chapter.
(b)
Four copies of completed application for site plan approval.
(c)
List of names and addresses of persons having 10 percent interest
or more in the corporation or partnership (if applicable).
(d)
Statement as to status of other required approvals (municipal,
County, State, Federal, other).
(e)
One Tax Map of the area.
(f)
Fee as required by this chapter.
(g)
Green Buildings Checklist.
[Added 9-15-2009 by Ord. No. 09-70]
(h)
Other applications for development for simultaneous review and
approval.
(5)
Application for minor subdivision.
(a)
Ten prints of sketch plat prepared in accordance with this chapter.
(b)
Four copies of completed application for minor subdivision.
(c)
List of names and addresses of persons having 10 percent interest
or more in the corporation or partnership (if applicable).
(d)
Statement as to status of other required approvals (municipal,
County, State, Federal, other).
(e)
One Tax Map of the area.
(f)
Fee as required by this chapter.
(6)
Application for major subdivision.
(a)
Classification of sketch plat (optional).
[1]
Four copies of completed application for classification.
[2]
List of names and addresses of persons having 10 percent interest
or more in the corporation or partnership (if applicable).
[3]
Statement as to status of other required approvals (municipal,
County, State, Federal or other, if applicable).
[4]
Ten prints of sketch plat prepared in accordance with this chapter.
[5]
Fee as required by this chapter.
[6]
One Tax Map of the area.
[7]
Other applications for development for simultaneous review and
approval.
(b)
Preliminary approval of major subdivision.
[1]
Four copies of completed application for preliminary approval
of major subdivision.
[2]
List of names and addresses of persons having 10 percent interest
or more in the corporation or partnership (if applicable).
[3]
Statement as to status of other required approvals (municipal,
County, State, Federal or other, if applicable).
[4]
Twelve prints of preliminary plat prepared in accordance with
this chapter.
[5]
Fee as required by this chapter.
[6]
One Tax Map of the area.
[7]
Other applications for development for simultaneous review and
approval.
[8]
Green Buildings Checklist
[Added 9-15-2009 by Ord. No. 09-70]
(c)
Final approval of major subdivision.
[1]
Four copies of completed application for final approval of major
subdivision.
[2]
List of names and addresses of persons having 10 percent interest
or more in the corporation or partnership (if applicable).
[3]
Statement as to status of other required approvals (municipal,
County, State, Federal or other, if applicable).
[4]
Final plat prepared in accordance with this chapter; 10 paper
prints; two translucent tracings; and three cloth prints.
[5]
Certification by the Municipal Engineer that the developer has
complied with conditions of preliminary approval is required by this
chapter.
E.
An application for development shall be complete for purposes of
commencing the applicable time period for action by an approving Board
when so certified by the approving Board or its authorized committee
or designee. In the event that the agency, committee or designee does
not certify the application to be complete within 45 days of the date
of its submission, the applicant shall be deemed complete upon the
expiration of the 45-day period for purposes of commencing the applicable
time period unless the application lacks information indicated on
a checklist adopted by ordinance and provided to the applicant; and
the municipal agency or its authorized committee or designee has notified
the applicant, in writing, of the deficiencies in the application
within 45 days of submission of the application. The applicant may
request that one or more of the submission requirements be waived,
in which event the agency or its authorized committee shall grant
or deny the request within 45 days. Nothing herein shall be construed
as diminishing the applicant's obligation to prove in the application
process that he is entitled to approval of the application. The municipal
agency may subsequently require correction of any information found
to be in error and submission of additional information not specified
in this chapter or any revisions in the accompanying documents as
are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the municipal agency.
F.
County Planning Board review and approval or waiver of site plans
and subdivisions for any property having frontage on a County road
shall be required for commercial, industrial or multifamily structures
or any land development for the above uses that requires off-street
parking or produces surface runoff, directly on or indirectly, to
a County road or any application under the jurisdiction of County
Planning Act. The municipal agency shall condition any approval that
it grants upon timely receipt of a favorable report or approval by
the County Planning Board's failure to report thereon within 30 days.
G.
No application for multifamily residential development for which
the applicant has indicated that the dwelling units shall be offered
for sale in response to this chapter shall be changed to permit that
the dwelling units be offered for rent.
H.
A corporation or partnership applying to the Planning Board of Board
of Adjustment or to the governing body for permission to subdivide
a parcel of land into six or more lots or applying for a variance
to construct a multiple dwelling of 25 or more family units or for
approval of a site to be used for commercial purposes shall list the
names and addresses of all stockholders or individual partners owning
at least 10 percent of its stock of any class or at least 10 percent
of the interest in the partnership, as the case may be. If a corporation
or partnership owns 10 percent or more of the stock of a corporation
or 10 percent or greater interest in a partnership, subject to disclosure
pursuant to this subsection, that corporation or partnership shall
list the names and addresses of its stockholders holding 10 percent
or more of its stock or 10 percent or greater interest in the partnership,
as the case may be, and this requirement shall be followed by every
corporate stockholder or partner in a partnership, until the names
and addresses of the noncorporate stockholders and individual partners,
exceeding the 10 percent-ownership criterion established in this chapter
have been listed. No Planning Board, Board of Adjustment and governing
body shall not approve the application of any corporation or partnership
which does not comply with this chapter. Any corporation or partnership,
which conceals the names of the stockholders owning 10 percent or
more of its stock or of the individual partners owning a 10 percent
or greater interest in the partnership, as the case may be, shall
be subject to a fine of $1,000, which shall be recovered in the name
of the municipality in the Municipal Court in any court of record
in the State in a summary manner pursuant to the Penalty Enforcement
Law (N.J.S.A. 2A:58-10 et seq.)
I.
Technical Review Committee
(1)
Establishment. There is established a Technical Review Committee
(TRC) which shall review all major applications for development presented
to the Planning Board or Zoning Board of Adjustment pertaining to
a minor/major site plans and minor/major subdivision, which may include
conditional use applications. The TRC shall consist of the administrative
officer, the Planning Board and Zoning Board's, engineering and planning
consultants and Director of the Redevelopment Agency.
(2)
Organization. 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.
(3)
Powers and duties. The Technical Review Committee shall have the
power to:
(a)
Determine the completeness of all applications presented before
it in accordance with provisions of the land development regulations
of the Township.
(b)
Determine the compliance of all major applications presented
before it in accordance with the provisions of this chapter.
(c)
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.
(d)
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.
(e)
Review and comment on such other matters as may be requested
by the Planning Board or Zoning Board of Adjustment.
(4)
Application submission and review procedure.
(a)
The Technical Review Committee, in accordance with the provisions of Subsection I (3) of this section, shall review all development applications presented to it.
(b)
The Technical Review Committee will review applications based
on the date they receive a completed application. The Technical Review
Committee will schedule a meeting to review an application on or about
the 28th day following the receipt of said application. A preliminary
assessment will be conducted prior to the scheduled review meeting
after which the Technical Review Committee will: return the application
to the applicant if there are major deficiencies which make the application
incomplete; advise the applicant of revisions or supplemental information
required to make the application complete; allow the application to
proceed on the scheduled meeting date. If revisions or modifications
are required, the applicant will be advised of the scheduled Technical
Review Committee meeting date. Applicant must have all revisions or
supplements to the Technical Review Committee not less than 10 days
prior to said meeting in order for said application to be deemed complete
and considered at the meeting. All timeframes set forth herein for
submissions by applicants shall be deemed time of the essence for
purposes of compliance.
(c)
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.
The approving board shall have the power to review and approve
or deny conditional uses, site plans and subdivisions and to grant
zoning variances simultaneously without the developer's being required
to make further application to the approving board or the approving
board's being required to hold further hearings. The longest time
period for action by the municipal agency, whether it is for subdivision,
conditional use, site plan approval or zoning variance, shall apply.
Whenever approval of a conditional use, site plan, subdivision or
zoning variance is requested by the developer pursuant to this section,
notice of the hearing on the plat shall include reference to the requests
for each.
A.
Board of Adjustment.
(1)
The Board of Adjustment shall render a decision not later than 120
days after the date of submission of a complete application for development
on those matters over which the Board has the power to decide.
(2)
Failure of the Board to render a decision within a 120 day period
or within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant. A certificate
of the Administrative Officer as to the failure of the Board of Adjustment
to act shall be issued on request of the applicant, and it shall be
sufficient in lieu of the written endorsement or other evidence of
approval herein required and shall be so accepted by the County Recording
Officer for purposes of filing subdivision plats.
B.
Planning Board in Lieu of Board of Adjustment. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for relief pursuant to § 150-8I(6) of this chapter, the Planning Board shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance or direction for issuance of a permit. The period for granting or denying and subsequent approval shall be as otherwise provided in this chapter. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application 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 it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the Middlesex County Recording Officer for purposes of filing subdivision plats.
C.
Planning Board.
(1)
Minor subdivisions or minor site plans.
(a)
It is required that a developer submit minor subdivisions or
minor site plans for approval in accordance with the standards of
this chapter.
(b)
Minor subdivision or minor site plan approval shall be deemed
to be final approval of the subdivision or site plan by the municipal
agency, provided that the municipal agency may condition such approval
on terms ensuring the provisions of certain improvements permitted
by law.
(c)
Minor subdivision or minor site plan approval shall be granted
or denied within 45 days of the date of submission of a complete application
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 or minor site plan approval, and
a certificate of the Administrative Officer as to the failure of the
municipal agency to act shall be issued on request of the applicant,
and it shall be sufficient in lieu of the written endorsement or other
evidence of approval herein required and shall be so accepted by the
County Recording Officer for purposes of filing subdivision plants
or by the Municipal Engineer for purposes of filing minor site plans.
(d)
Approval of a minor subdivision shall expire 190 days from the
date on which resolution of municipal approval is adopted, unless
within such period a plat in conformity with such approval and with
the provisions of the Map Filing Law, or a deed clearly describing
the approved minor subdivision, is filed by the developer with the
County Recording Officer, the Municipal Engineer and Municipal Tax
Assessor. Any such plat or deed accepted for such filing shall have
been signed by the Chairman and Secretary of the municipal agency.
In reviewing the application for development for a proposed minor
subdivision, the municipal agency may be permitted to accept a plat
not in conformity with the Map Filing Law, provided that, if the developer
chooses to file the minor subdivision as provided herein by plat rather
than deed, such plat shall conform to the provisions of said Law.
[1]
The Planning Board may extend the 190 day period for filing
a minor subdivision plat or deed if the developer proves to the reasonable
satisfaction of the Planning Board that the developer was barred or
prevented, directly or indirectly, from filing because of delays in
obtaining legally required approvals from other governmental or quasi-governmental
entities and that the developer applied promptly for and diligently
pursued the required approvals. The length of the extension shall
be equal to the period of delay caused by the wait for the required
approvals, as determined by the Planning Board. The developer may
apply for the extension either before or after what would otherwise
be the expiration date.
[2]
The Planning Board shall grant an extension of minor subdivision
approval for a period determined by the Board but not exceeding one
year from what would otherwise be the expiration date, if the developer
proves to the reasonable satisfaction of the Board that the developer
was barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued the required approvals. A developer shall
apply for the extension before what would otherwise be the expiration
date of minor subdivision approval or the 91st day after the developer
receives that last legally required approval from other governmental
entities, whichever occurs later.
(e)
Approval of a minor site plan shall run with the subject property.
The protection of the variances granted shall expire after two years
after the date of minor site plan approval.
[1]
The Planning Board shall grant an extension of the two-year
period for a period determined by the Board but not exceeding one
year from what would otherwise be the expiration date, if the developer
proves to the reasonable satisfaction of the Board that the developer
was barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued the approvals. A developer shall apply
for this extension before what would otherwise be the expiration date,
or the 91st day after the date on which the developer receives the
last of the legally required approvals from the governmental entities,
whichever occurs later.
(f)
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision approval or
minor site plan approval was granted shall not be changed for a period
of two years after the date on which the resolution of approval is
adopted, provided that an approved minor subdivision shall have been
duly recorded as provided in this section.
(g)
Whenever review or approval of the application by the County
Planning Board is required, the Planning Board shall condition any
approval that it grants upon timely receipt of a favorable report
on the application by the County Planning Board or approval by the
County Planning Board by its failure to report thereon within the
required time period.
(2)
Conditional uses.
(a)
Applicants shall be required to submit a development application
pursuant to this chapter for conditional uses.
(b)
The municipal agency shall grant or deny an application for
a conditional use within 95 days of submission of a complete application
by a developer or within such further time as may be consented to
by the applicant.
(c)
The review of the municipal agency of a conditional use shall
include any required site plan review pursuant to this chapter. The
time period for action by the municipal agency on conditional uses
shall apply to such site plan review. Failure of the municipal agency
to act within the period prescribed shall constitute approval of this
application, and a certificate of the Administrative Officer as to
the failure of the municipal agency to act shall be issued on request
of the applicant, and it shall be sufficient in lieu of the written
endorsement or other evidence of approval herein required and shall
be so accepted by the County Recording Officer for purposes of filing
subdivision plats, if involved.
(d)
Conditional use approval shall be deemed to be final approval
by the municipal agency, provided that the municipal agency may condition
such approval on terms ensuring the provisions of certain improvements
permitted by law.
(3)
Major site plans and major subdivisions.
(a)
Preliminary approval.
[1]
It is required that the developer submit a site plan or subdivision
plan in accordance with the standards of this chapter and such other
information as is reasonably necessary to make an informed decision
as to whether the requirements necessary for preliminary site plan
or subdivision approval have been met. The plans and any engineering
documents to be submitted shall be required in tentative form for
discussion purposes for preliminary approval. Architectural plans
are required to be submitted for approval, and preliminary plans and
elevations shall be sufficient. If an application for development
is found to be incomplete, the developer shall be notified in writing
of the deficiencies therein by the Board or the Board's designee for
the determination of completeness within 45 days of the submission
of such application or it shall be deemed to be properly submitted.
[2]
If the municipal agency required any substantial amendment in
the layout of improvements proposed by the developer that has been
the subject of a hearing, an amended application for development shall
be submitted and proceeded upon, as in the case of the original application
for development. The municipal agency shall, if the proposed development
complies with this chapter, grant preliminary plan approval.
[3]
Upon submission to the Administrative Officer of a complete
application for a site plan which involves 10 acres of land or less
and 10 dwelling units or less, the Planning Board shall grant or deny
preliminary approval within 45 days of the date of such submission
or within such further time as may be consented to by the developer.
Upon submission of a complete application for a site plan which involves
more than 10 acres or more than 10 dwelling units, the Planning Board
shall grant or deny preliminary approval within 95 days of the date
of such submission or within such further time as may be consented
to by the developer. Otherwise, the Planning Board shall be deemed
to have granted preliminary approval of the site plan.
[4]
Upon the submission of a complete application for a subdivision
of 10 or fewer lots, the municipal agency shall grant or deny preliminary
approval within 45 days of the date of such submission or within such
further time as may be consented to by the developer. Upon the submission
of a complete application for a subdivision of more than 10 lots,
the municipal agency shall grant or deny preliminary approval within
95 days of the date of such submission or within such further time
as may be consented by the developer. Otherwise, the municipal agency
shall be deemed to have granted preliminary approval to the subdivision.
(b)
Effect of preliminary approval.
[1]
Preliminary approval shall confer upon the applicant the following
rights for a three-year period from the date of the preliminary approval:
[a]
That the general terms and conditions on which
preliminary approval was granted shall not be changed, including but
not limited to use requirements; 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; except that nothing herein shall be construed to prevent
the municipality from modifying by ordinance such general terms and
conditions of preliminary approval as related to the public health
and safety.
[b]
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.
[c]
That the applicant may apply for and the municipal
agency may grant extensions on such preliminary approval for additional
periods of at least one year, but not to exceed a total extension
of two years, provided that if the design standards have been revised
by ordinance, such revised standards may govern.
[2]
In the case of a subdivision or site plan for an area of 50
acres or more, the municipal agency may grant the rights above for
such period of time, longer than three years, as shall be determined
by the municipal agency 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
municipal agency may thereafter grant, an extension to preliminary
approval for such additional period of time as shall be determined
by the municipal agency 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.
[3]
Whenever the Planning Board grants an extension of preliminary
approval and preliminary approval has expired before the date on which
the extension is granted, the extension shall begin on what would
otherwise be the expiration date. The developer may apply for the
extension either before or after what would otherwise be the expiration
date.
[4]
The Planning Board shall grant an extension of preliminary approval
for a period determined by the Board but not exceeding one year from
what would otherwise be the expiration date, if the developer proves
to the reasonable satisfaction of the Board that the developer was
barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued the required approvals. A developer shall
apply for the extension before what would otherwise be the expiration
date of preliminary approval or the 91st day after the developer receives
the last legally required approval from other governmental entities,
whichever occurs later. An extension granted pursuant to this section
shall not preclude the Planning Board from granting an extension pursuant
to any other section.
(c)
Prior to applying for final subdivision approval, the applicant
shall furnish the Division of Engineering with a complete set of reproducible
linens or Mylars of the preliminary plat and all other maps, incorporating
all conditions and requirements for improvements as imposed by the
municipal agency. An estimate of cost of all improvements for the
Divisions' approval, together with an estimate of any damage of any
existing accepted street or streets abutting the proposed development
project which may be caused by reason of work performed in said development
project shall also be submitted. This estimate must be signed and
sealed by a licensed New Jersey professional engineer. The applicant
shall also submit to the Township testing and inspection fees pursuant
to this article. Electronic versions of the plans and cost estimates
should also be submitted to the Division of Engineering.
(d)
Grant or denial of final approval.
[1]
The municipal agency shall grant final approval if the detailed
drawings, specifications and estimates of the application for final
approval conform to the standards established by this chapter for
final approval and the conditions of preliminary approval.
[2]
Final approval shall be granted or denied within 45 days after
submission of a complete application 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 final approval,
and a certificate of the Secretary as to the failure of the municipal
agency to act shall be issued on the request of the applicant, and
it shall be sufficient in lieu of the written endorsement or other
evidence of approval.
[3]
As a condition of approval of a subdivision or site plan, a
developer shall pay his pro rata share of the cost of providing reasonable
and necessary street improvements and water, sewerage and drainage
facilities and easements located outside the property limits of the
subdivision or development but necessitated or required by construction
or improvements within such subdivision or development. Such payments
shall be based on the standards of this chapter to determine the proportionate
or pro rata amount of the cost of such facilities that shall be borne
by each developer or owner within a related and common area, which
standards shall not be altered subsequent to final approval. Where
a developer pays the amount determined as his pro rata share under
protest, he shall institute legal action within one year of such payment
in order to preserve the right to a judicial determination as to the
fairness and reasonableness of such amount.
[4]
As a condition of final site plan approval, the applicant shall
furnish the Division of Engineering with a complete set of reproducible
linens or Mylars of the final site plan and all other maps, incorporating
all conditions and improvements as imposed by the municipal agency(ies).
An estimate of the cost of all improvements for the Division's approval
shall be submitted, together with an estimate of any damage to any
existing accepted street or streets abutting the proposed development
project which may be caused by reason of work performed in said development
projects. This estimate must be signed and sealed by a licensed New
Jersey professional engineer. Plans and cost estimates for landscaping
and any other requirement improvements not listed above shall also
be submitted at this time. The applicant shall submit to the Township
testing and inspection fees. The applicant must then execute an agreement
in a form satisfactory to the Woodbridge Law Director in accordance
with the requirements of this section.
[5]
There shall be as a condition for any approval of any development
by any municipal agency a provision which provides that all taxes
on the property shall be paid current so that there are no outstanding
taxes or assessments for local improvements against the property which
is the subject of the approval before any permit may be issued for
construction of any nature or any other type of action may be taken
to give effect to the approval.
(e)
Effect of final approval. Final approval shall confer upon the
applicant the following rights:
[1]
The zoning requirements applicable to the preliminary approval
first granted and all other rights conferred upon the developer pursuant
to this chapter, whether conditionally or otherwise, shall not be
changed for a period of two years after the date on which the resolution
of final approval is adopted, 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 required
by this chapter. 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, the municipal agency may extend such period
of protection for extensions for one year, but not to exceed three
extensions. Notwithstanding any other provisions of this chapter,
the granting of final approval terminates the time period of preliminary
approval for the section granted final approval.
[2]
In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan for 150 acres or more or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in Subsection C(3)(e)[1] of this section for such period of time, longer than 2 years, as shall be determined by the Planning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) economic conditions and (3) the comprehensiveness of the development. The developer may apply for thereafter, and the 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 (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) the number of dwelling units and nonresidential floor area remaining to be development, (3) economic conditions and (4) the comprehensiveness of the development.
[3]
Whenever the Planning Board grants an extension of final approval
and final approval has expired before the date on which the extension
is granted, the extension shall begin on what would otherwise be the
expiration date. The developer may apply for the extension either
before or after what would otherwise be the expiration date.
[4]
The Planning Board shall grant an extension of final approval
for a period determined by the Board but not exceeding one year from
what would otherwise be the expiration date, if the developer proves
to the reasonable satisfaction of the Board that the developer was
barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued these approvals. A developer shall apply
for the extension before what would otherwise be the expiration date
of final approval, or the 91st day after the developer receives that
first legally required approval from the other governmental agencies,
whichever occurs later. An extension granted pursuant to this subsection
shall not preclude the Planning Board from granting an extension pursuant
to any other section.
The municipal agency, when acting upon applications for minor
subdivision or preliminary site plan approvals, shall have the power
to grant such exceptions from the requirements for subdivision and
site plan approval as may be reasonable and within the general purpose
and intent of the provisions for subdivision review and approval of
an ordinance adopted pursuant to this chapter, if the literal enforcement
of one or more provisions of the ordinance is impractical or will
exact undue hardship because of peculiar conditions pertaining to
the land in question.
A.
Before recording of final subdivision plats or as a condition of
final site plan approval or as a condition to the issuance of a zoning
permit, the applicant shall:
(1)
Sign an agreement in a form satisfactory to the Woodbridge Township
Council which provides for the furnishing of a performance guaranty
in favor of the municipality in an amount not to exceed 120 percent
of the cost of installation, which cost shall be determined by the
Municipal Engineer according to the method of calculation set forth
in this chapter and N.J.S.A. 40:55D-53.4, for improvements which the
approving authority may deem necessary or appropriate, including streets,
grading, pavement, gutters, curbs, sidewalks, street lighting, shade
trees, surveyor's monuments, as shown on the final map and required
by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.),
water mains, culverts, storm sewers, sanitary sewers or other means
of sewerage disposal, drainage structures, erosion control and sedimentation
control devices, public improvements of open space and, in the case
of site plans only, other on-site improvements and landscaping. The
Municipal Engineer shall prepare an itemized cost estimate of the
improvements covered by the performance guaranty, which itemized cost
estimate shall be appended to each performance guaranty posted by
the obligor.
(2)
Provide for a maintenance guaranty to be posted with the governing
body for a period not to exceed two years after final acceptance of
the improvement in an amount not to exceed 15 percent of the cost
of the improvement, which cost shall be determined by the Municipal
Engineer according to the method of calculation set forth in this
chapter and N.J.S.A. 40:55D-53.4. In the event that other governmental
agencies or public utilities automatically will own the utilities
to be installed or the improvements are covered by a performance or
maintenance guaranty to another governmental agency, no performance
or maintenance guaranty, as the case may be, shall be required by
the municipality for such utilities or improvements.
B.
The municipality shall not require that a maintenance guaranty be
in cash or that more than 10 percent of a performance guaranty be
in cash. A developer may, however, provide, at his option, some or
all of a maintenance guaranty in cash or more than 10 percent of a
performance guaranty in cash.
C.
The cost of the installation of improvements shall be estimated by
the Municipal Engineer based on documented construction costs for
public improvements prevailing in the general area of the municipality.
The developer may appeal the Municipal Engineer's estimate to the
governing body. The governing body shall decide the appeal within
45 days of receipt of the appeal, in writing, by the Municipal Clerk.
After the developer posts a guaranty with the municipality based on
the cost of the installation of improvements and determined by the
governing body, he may institute legal action within one year of the
posting in order to preserve the right to a judicial determination
as to the fairness and reasonableness of the amount of the guaranty.
D.
The approving authority shall, for the purposes of this section,
accept a performance guaranty or maintenance guaranty which is an
irrevocable letter of credit if it:
(1)
Constitutes an unconditional payment obligation of the issuer running
solely to the municipality for an express initial period of time.
(2)
Is issued by a banking or savings institution authorized to do and
doing business in this State.
(3)
Is for a period of time of at least one year.
(4)
Permits the municipality to draw upon the letter of credit if the
obligor fails to furnish another letter of credit which complies with
the provisions of this section 30 days or more in advance of the expiration
date of the letter of credit or such longer period in advance thereof
as is stated in the letter of credit.
E.
The amount of any performance guaranty may be reduced by the governing
body, by resolution, when portions of the improvements have been certified
by the Municipal Engineer to have been completed. The time allowed
for installation of the improvements for which the performance guaranty
has been provided may be extended by said body by resolution. As a
condition or as part of any such extension, the amount of any performance
guaranty shall be increased or reduced, as the case may be, to an
amount not to exceed 120 percent of the cost of the installation,
which cost shall be determined by the Municipal Engineer according
to the method of calculation set forth in this chapter and N.J.S.A.
40:55D-53.4 as of the time of the passage of the resolution.
F.
If the required improvements are not completed or corrected in accordance
with the performance guaranty, the obligor and surety, if any, shall
be liable thereon to the municipality for the reasonable cost of the
improvements not completed or corrected, and the municipality may,
either prior to or after the receipt of the proceeds, complete such
improvements. Such completion of correction of improvements shall
be subject to the public bidding requirements of the Local Public
Contracts Law, P.L. 1971, c. 198, (N.J.S.A. 40A:11-1 et seq.)
G.
Upon substantial completion of all required street improvements (except
for the top course) and appurtenant utility improvements and the connection
of the same to the public system, the obligor may request of the governing
body, in writing, by certified mail addressed in care of the Municipal
Clerk, that the Municipal Engineer prepare, in accordance with the
itemized cost estimate prepared by the Municipal Engineer and appended
to the performance guaranty, a list of all uncompleted or unsatisfactorily
completed improvements.
(1)
If such a request is made, the obligor shall send a copy of the request
to the Municipal Engineer. The request shall indicate which improvements
have been completed and which improvements remain uncompleted in the
judgment of the obligor.
(2)
Thereupon, the Municipal Engineer shall inspect all improvements
covered by the obligor's request and shall file a detailed list and
report, in writing, with the governing body, and shall simultaneously
send a copy thereof to the obligor not later than 45 days after receipt
of the obligor's request. The list prepared by the Municipal Engineer
shall state, in detail, with respect to each improvement determined
to be incomplete or unsatisfactory, the nature and extent of, and
remedy for, the unsatisfactory state of each completed improvement
determined to be unsatisfactory. The report prepared by the Municipal
Engineer shall identify each improvement determined to be complete
and satisfactory, together with a recommendation as to the amount
of reduction to be made in the performance guaranty relating to the
completed and satisfactory improvement, in accordance with the itemized
cost estimate prepared by the Municipal Engineer and appended to the
performance guaranty.
(3)
If the Municipal Engineer fails to send or provide the list and report
as requested by the obligor within 45 days from receipt of the request,
the obligor may apply to the court in a summary manner for an order
compelling the Municipal Engineer to provide the list and report within
a stated period of time, and the cost of applying to the court, including
reasonable attorney's fees, may be awarded to the prevailing party.
H.
The governing body, by resolution, shall either approve the improvements
determined to be complete and satisfactory by the Municipal Engineer
or reject any or all of these improvements upon the establishment
in the resolution of cause for rejection, or shall approve and authorize
the amount of reduction to be made in the performance guaranty relating
to the improvements accepted, in accordance with the itemized cost
estimate prepared by the Municipal Engineer and appended to the performance
guaranty.
(1)
This resolution shall be adopted not later than 45 days after the
receipt of the list and report prepared by the Municipal Engineer.
Upon adoption of the resolution of the governing body, the obligor
shall be released from all liability, pursuant to its performance
guaranty, with respect to those approved improvements, except for
that portion adequately sufficient to secure completion of correction
of the improvements not yet approved, provided that 30 percent of
the amount of the performance guaranty posted may be retained to ensure
completion and acceptability of all improvements.
(2)
If the governing body fails to approve or reject the improvements
determined by the Municipal Engineer to be complete and satisfactory
or reduce the performance guaranty for the complete and satisfactory
improvements within 45 days from the receipt of the Municipal Engineer's
list and report, the obligor may apply to the court in a summary manner
for an order compelling, within a stated period of time, approval
of the complete and satisfactory improvement and approval of a reduction
in the performance for the approvable complete and satisfactory improvements
in accordance with the itemized cost estimate prepared by the Municipal
Engineer and appended to the performance guaranty; and the cost of
applying to the court, including reasonable attorney's fees, may be
awarded to the prevailing party.
I.
In the event that the obligor has made a cash deposit with the Township
or approving authority as part of the performance guaranty, then any
partial reduction granted in the performance guaranty shall be applied
to the cash deposit in the same proportion as the original cash deposit
bears to the full amount of the performance guaranty.
J.
If any portion of the required improvements is rejected, the approving
authority may require the obligor to compensate or correct such improvements,
and, upon completion or correction, the same procedure of notification
as set forth in this section shall be followed.
K.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
governing body or the Municipal Engineer.
L.
Reimbursement of Inspection Fees.
(1)
The obligor shall reimburse the municipality for all reasonable inspection
fees paid to the Municipal Engineer for the foregoing inspection improvements,
provided that the municipality may require of the developer a deposit
for inspection fees in an amount not to exceed, except for extraordinary
circumstances, the greater of $500 or five percent of the cost of
improvements, which cost shall be determined pursuant to this chapter
and N.J.S.A. 40:55D-53.4. For those developments for which the reasonably
anticipated fees are less than $10,000, fees may, at the opinion of
the developer, be paid in two installments. The initial amount deposited
by a developer shall be 50 percent of the reasonably anticipated fees.
When the balance on deposit drops to 10 percent of the reasonably
anticipated fees because the amount deposited by the developer has
been reduced by the amount paid to the Municipal Engineer for inspection,
the developer shall deposit the remaining 50 percent of the anticipated
inspection fees. For those developments for which the reasonably anticipated
fees are $10,000 or greater, fees may, at the option of the developer,
be paid in four installments. The initial amount deposited by a developer
shall be 25 percent of the reasonable anticipated fees. When the balance
on deposit drops to 10 percent of the reasonably anticipated fees
because the amount deposited by the developer has been reduced by
the amount paid to the Municipal Engineer for inspection, the developer
shall make additional deposits of 25 percent of the reasonably anticipated
fees. The Municipal Engineer shall not perform any inspection if sufficient
funds for those inspections are not on deposit.
M.
In the event that final approval is by stages or sections of development,
pursuant to N.J.S.A. 40:55D-38a, the provisions of this section shall
be applied by stage or section.
A.
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat, unless within such period the plat shall
have been duly filed by the developer with the County Recording Officer.
The municipal agency may, for good cause shown, extend the period
for recording for an additional period of 190 days from the date of
signing of the plat. The Planning Board may extend the 95-day or 190-day
period if the developer proves to the reasonable satisfaction of the
Planning Board that the developer was barred or prevented, directly
or indirectly, from filing because of delays in obtaining legally
required approvals from other governmental entities or quasi-governmental
entities and that the developer applied promptly for and diligently
pursued the required approvals. The length of the extension shall
be equal to the period of delay caused by the wait for the required
approvals, as determined by the Planning Board. The developer may
apply for an extension either before or after the original expiration
date.
B.
No subdivision plat shall be accepted for filing by the County Recording
Officer until it has been approved by the municipal agency as indicated
on the instrument by the signature of the Chairman and Secretary of
the municipal agency or a certificate has been issued pursuant to
this chapter. The signatures of the Chairman and Secretary of the
municipal agency shall not be affixed until the developer has posted
the guaranties required pursuant to 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.
C.
It shall be the duty of the County Recording Officer to notify the
municipal agency in writing within seven days of the filing of any
plat, identifying such instrument by its title, date of filing and
official number.
A.
Penalty for Selling Before Approval. If, before final subdivision
approval has been granted, any person transfers or sells or agrees
to transfer or sell, except pursuant to an agreement expressly conditioned
on final subdivision approval, as owner or agent, any land which forms
a part of a subdivision for which municipal approval is required by
ordinance pursuant to this chapter, such person shall be subject to
a penalty not to exceed $1,000, and each lot disposition so made shall
be deemed a separate violation.
B.
Suits. In addition to the foregoing, the municipality may institute
and maintain a civil action for injunctive relief and set aside and
invalidate any conveyance made pursuant to such contract of sale if
a certificate of compliance has not been issued in accordance with
this chapter.
C.
Lien. In any such action, the transferee, purchaser or grantee shall
be entitled to a lien upon the portion of the land from which the
subdivision was made that remains in the possession of the developer
or his assigns or successors and to secure the return of any deposits
made or purchase price paid, and also a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years,
if unrecorded.
A.
Issuance; Contents; Fee.
(1)
The prospective purchaser, prospective mortgagee or any other person
interested in any land which forms part of a subdivision, or which
formed part of such subdivision three years preceding the effective
date of this chapter, may apply in writing to the Administrative Officer
for the issuance of a certificate certifying whether or not such subdivision
has been approved by the municipal agency. Such application shall
contain a diagram showing the location and dimension of the land to
be covered by the certificate and the name of the owner thereof. The
Administrative Officer shall make and issue such certificate within
15 days after the receipt of such written application and the fees
therefor. Said Administrative Officer shall keep a duplicate copy
of each certificate, consecutively numbered, including a statement
of the fee charged, in a binder as a permanent record of his office.
Each such certificate shall be designated a "certificate as to approval
of subdivision of land" and shall certify:
(a)
Whether there exists in said municipality a duly established
municipal agency and whether there is an ordinance controlling subdivision
of land adopted under the authority of Chapter 291 of the Laws of
New Jersey 1975.
(b)
Whether the subdivision, as it relates to the land shown in
said application, has been approved by the municipal agency and, if
so, the date of such approval and any extensions and terms thereof,
showing that the subdivision on which the lands are a part is a validly
existing subdivision.
(c)
Whether such subdivision, if the same has not been approved,
is statutorily exempt from the requirement of approval as provided
in this chapter.
(2)
A fee of $20 shall be charged for each certificate.
B.
Right of Owner of Land Covered by Certificate.
(1)
Any person who shall acquire for a valuable consideration an interest
in the lands covered by any such certificate of approval of a subdivision
in reliance upon the information therein contained shall hold such
interest, free of any right, remedy or action which could be prosecuted
or maintained by the municipality pursuant to the provisions of this
chapter.
(2)
If the Administrative Officer designated to issue any such certificate
fails to issue the same within 15 days after receipt of an application
and the fees therefor, any person acquiring an interest in the lands
described in such application shall hold such interest free of any
right, remedy or action which could be prosecuted or maintained by
the municipality pursuant to this chapter. Any such application addressed
to the Municipal Clerk shall be deemed to be addressed to the proper
designated officer, and the municipality shall be bound thereby to
the same extent as though the same were addressed to the designated
official.
A.
Appeals to Zoning Board of Adjustment.
(1)
An appeal to the Zoning Board of Adjustment may be taken by any interested
party affected by any decision of the Zoning Official/Construction
Official based on or made in the enforcement of the zoning regulations.
Such appeal shall be taken within 20 days by filing a notice of appeal
with the officer from whom the appeal is taken, specifying the grounds
of such appeal. The officer from whom the appeal is taken shall immediately
transmit to the municipal agency all the papers constituting the record
upon which the action appealed from was taken.
(a)
The Board of Adjustment may reverse or affirm, wholly or in
part, or may modify the action, order, requirement, decision, interpretation
or determination appealed from, and to that end shall have all the
powers of the Zoning/Construction Official from whom the appeal is
taken.
(b)
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 officer from whose action the appeal is taken
certifies to the Board of Adjustment, after the notice of appeal shall
have been filed with him, that, by reason of facts stated in the certificate,
a stay would, in his 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 on due cause shown.
(2)
A developer may file an application for development with the Board
of Adjustment for action under any of its powers without prior application
to the Zoning Official/Construction Official.
B.
Appeals to the Superior Court. All appeals from any final decisions
to the Zoning Board of Adjustment shall be made to the Superior Court
of New Jersey in accordance with applicable law.
A.
The property owner, as well as any builder and/or other entity responsible
for the construction of any site whereby an excavation hole is dug
as part of or in any way related to the construction, that the person
or entity shall be required to erect a fence, in the maximum height
allowable under the current Township Ordinances, encircling the excavation
area in its entirety, once the Woodbridge Township Construction Code
Official, or his designee, orders the person or entity to do so, in
writing.
B.
The discretion as to whether the Township will require the owner
or entity of the construction site to erect any such fencing as well
as the type of fencing are solely within the discretion of the Woodbridge
Township Construction Code Official, or his designee, based upon his
determination involving the circumstances of the site and the potential
for risks of injury.
C.
Once ordered to do so, the person responsible for construction or
the owner of the site must erect the fencing within 24 hours of the
order or be exposed to fines which can range up to $1,000 and/or six
months of imprisonment. Said monetary fines are to be deemed to continue
during each day of the violation.
D.
This section shall not be interpreted to absolve the builder and/or
owner of the premises of the strict responsibility to ensure that
the construction site remains as safe in every respect as possible
and that all safety rules and regulations as well as statutes and
ordinances are complied with.
E.
Enforcement of this section will not preclude the Township from pursuing
any other remedy available to it under the law against the builder
or property owner to enforce applicable laws and regulations.
A.
Purpose.
(1)
It is the intent of this section to promote the general welfare
of the people of the Township by providing for the protection, regulation
and planting and cutting of trees in such a way as to protect and
preserve the environment by conserving to the maximum extent possible
the tree life in the Township. The Mayor and the Township Council
find that the indiscriminate, uncontrolled and excessive destruction,
removal, and cutting of trees upon lots and tracts of land within
the Township has caused increased drainage control costs, increased
soil erosion, increased buildup of atmospheric carbon and increased
dust, tending to decrease the quality of life and to diminish property
values in the Township.
(2)
The adverse effects of uncontrolled tree removal affects the
general health, safety, welfare, and well being of the residents of
the Township as well as the integrity of the natural environment and
processes upon which the residents of the Township depend.
(3)
Therefore, it is in the public interest that an ordinance establishing
conditions, standards and procedures for the removal and replacement
of trees, and for the preservation of mature vegetation be enacted
by the Township.
B.
Findings.
(1)
With an ever growing population in the Township, it is absolutely
essential to our citizens to remove pollution from our air. It takes
approximately 20 mature trees to clean the air of gases produced from
vehicular traffic consuming five gallons of gasoline. Healthy trees
greatly assist in the battle against air pollution since moist tree
foliage traps dust and soot particles until the rain washes them away.
Trees also consume carbon dioxide, a by-product of the combustion
of organic fuel materials.
(2)
Properly planted and nurtured trees are also needed to create
sound barriers to help in the reduction of the noise level made by
vehicular traffic, trains and ultimately the noise which will be created
by the air traffic.
C.
ADMINISTRATIVE OFFICER
AVERAGE WOODED ACRE
(1)
(2)
(3)
CLEAR CUTTING
DIAMETER AT BREAST HEIGHT (D.B.H.)
DRIP LINE
PERSON
PROFESSIONAL FORESTER
RECOMMENDED TREE SPECIES
RECOMMENDED TREE SPECIES LIST
REPLACEMENT TREE
SILVICULTURE
SINGLE-FAMILY LOT
SLASH
SPECIMEN TREE
STREET TREES
SUBDIVISION
TREE
TREE REPLACEMENT PLAN
WOODED AREA
ZONING PERMIT
Definitions. As used in this section:
The Director of Planning and Development, his designee.
Shall be determined as follows:
A selective inventory by size and species, of all trees having
a D.B.H. of four inches or greater, shall be conducted using a minimum
of 0.2 acre plots which shall be staked or visibly marked to allow
for Township inspection.
The location of the inventory plots shall be determined by the
applicant subject to Township approval, by using a grid overlay drawn
to the same scale as the site plan submitted with the application.
A representative five percent of the wooded acres proposed to
be cleared shall be inventoried. The representative five percent shall
be determined by agreement between the applicant, the agencies with
jurisdiction including the Planning or Zoning Board, the Township
Planner and the Administrative Officer. Where two acres or less are
proposed to be cleared, a minimum of one-tenth acre shall be inventoried.
The removal of all standing trees on a lot or portion of
a lot.
Diameter of tree measured at breast height, approximately
four and one-half feet from the ground.
A limiting line established by a series of perpendicular
drop points marking the maximum radius of the crown of an existing
tree but not less than eight feet from the trunk, whichever is greater.
Any individual, firm, copartnership, association, corporation,
limited liability company, limited liability partnership or developer,
other than the Township.
One who has a minimum of a Bachelor's of Science degree in
forestry from a four-year college accredited by the Society of American
Foresters.
The species of trees acceptable for use in planting in the
Township. A list of recommended trees species shall be maintained
by the Township Planner and shall be reviewed and approved annually
by the Planning Board. Species not shown on the list of comparable
attributes may be approved for use as equivalent substitutes. Native
tree species are preferred over non-native tree species for equivalent
substitutes.
A list recommended trees species maintained by the Township
Planner and reviewed and approved annually by the Planning Board.
A nursery grown certified tree, properly balled and burlapped
and marked with a durable label indicating genus, species and variety,
having a minimum caliper of two and one-half inches measured at D.B.H.
A replacement tree shall be selected from the recommended tree species
list.
The management of any forested tract of land to ensure its
continued survival and welfare whether for commercial or noncommercial
purposes pursuant to a plan approved by the New Jersey Bureau of Forestry.
A lot upon which a dwelling unit exists, or an individual
conforming, undeveloped single-family residential lot which has the
potential to be developed as a single-family dwelling and is not part
of a subdivision and which lot may not be further subdivided pursuant
to municipal land use law and the Township land use regulations.
The forest debris remaining after a tree removal operation.
Any tree with a D.B.H. of 16 inches or greater.
Parking lot landscaping trees, and landscaping surrounding
a building or structure that were planted in connection with prior
development shall not constitute a wooded area.
Any tract of land which is hereafter subdivided into two
or more parcels along an existing or proposed street, highway, easement
or right-of-way, for sale or for rent as residential lots or residential
building plots regardless of whether or not the lots or plots to be
sold or offered for sale or leased for any period of time are described
by metes and bounds or by reference to a map or survey of the property
or by any other method of description.
Any deciduous or coniferous species which reaches a typical
mature height of 10 feet or more. An individual tree for the purpose
of this chapter has a D.B.H. of four inches or greater. A specimen
with multiple trunks will be considered an individual tree with a
D.B.H. of one-half of the sum of the diameters of the trunks.
A plan for replacement of removed trees in accordance with
the provisions of this chapter.
Any natural cluster or clusters of trees and vegetative undergrowth.
Street trees, parking lot landscaping trees, and landscaping surrounding
a building or structure that were planted in connection with prior
development shall not constitute a wooded area.
A permit to remove trees issued by the administrative officer
after review and approval of application for removal and replacement
of trees by those parties with jurisdiction.
D.
Protection of Trees.
(1)
Damage from electrical wires. Any person, firm or corporation
having control over any wire for transmission of electrical current
along a public highway shall at all times guard all trees through
which or near which such wires pass against any injury from wires
or from electrical current carried by them. The device or means used
shall in every case be subject to the approval of the Township Engineer.
(2)
Contact of trees with injurious chemicals. No person, firm or
corporation shall permit any brine, gas or injurious chemical to come
into contact with the stem or roots of any tree or shrub upon a public
highway, street or road or upon Township property.
E.
Removal of Trees.
(1)
Permission required for certain acts.
(a)
No person shall do or cause to be done upon trees, in any right-of-way, public street, road or highway within the Township without first obtaining a permit from the Township in accordance with Chapter 25 of the Woodbridge Township Code:
[1]
Cut, trim break, climb with spikes, disturb the
roots or otherwise intentionally injure, misuse or spray with harmful
chemicals or remove any living tree five inches or more D.B.H. or
remove any device installed to support or protect such trees;
[2]
Plant any tree;
[3]
Fasten any rope, wire, electrical equipment, sign
or other device to a tree or any guard about such a tree or shrub;
[4]
Close or obstruct any open space provided at the
base of a tree which open space is necessary to permit the access
of air, water or fertilizer to the roots of such tree;
[5]
Pile, heap or store any building material, soil,
debris or any other matter or make any mortar or cement within a distance
of six feet of a tree.
(2)
During the period of construction or repair of any building
or structure or in the construction or repair of a street, road, and
highway not yet dedicated to the Township, the owner thereof or the
contractor shall take every precaution to place guards around all
nearby trees on Township land or within public rights-of-way so as
to effectively prevent injury to such trees. The owner and/or contractor
shall each be responsible for the placement of such guards or guardrails
and failure to make adequate provision for the protection of the trees
shall subject the owner and builder to a penalty as hereinafter provided.
(3)
Trees on Public Highways. Where a person desires to control the growth of trees on a public highway, street or road or right-of-way by removing them or pruning the trees, then the person shall apply for approval to the Township, according to Chapter 25 of the Township Code and shall outline the work to be performed. If the applicant fails to comply with Chapter 25 of the Township Code, the applicant shall be subject to the penalties provided in Chapter 1 of the Township Code.
F.
Exemptions.
(1)
Exemptions from tree replacement. The following activities are
exempt from the tree replacement element of this chapter:
(a)
Commercial nurseries and fruit orchard, garden centers and Christmas
tree plantations, in current operation. Such enterprises which commence
after the effective date of the chapter shall be exempt from the requirements
of this chapter after five years of operation;
(b)
Properties used for the practice of silviculture where a plan
approved by the New Jersey Bureau of Forestry is on file with the
administrative officer;
(c)
Cutting, pruning and removal of trees in public or utility rights-of-way and easements by utility companies and agencies having jurisdictions over the respective utility in accordance with Chapter 25 of the Township Code;
(d)
Removal of trees which are dead, dying or diseased or trees
which have suffered severe damage. Any tree whose angle of growth
makes it a hazard to structure or human life;
(e)
Any tree on a single-family lot as previously defined, provided,
however, that this exemption shall not apply to any tree removal in
conjunction with the construction of a new single home or a substantial
addition (more than 50 percent increase in size) to an existing single-family
home; it being understood, however, that under no circumstances may
more than 25 percent of the existing tree cover be removed without
compliance with the terms of this chapter.
(f)
Approved game management practice, as recommended by the State
of New Jersey Department of Environmental Protection, Division of
Fish, Game and Wildlife.
(g)
Any trees removed pursuant to either a New Jersey Department
of Environmental Protection ("NJDEP") or Environmental Protection
Agency ("EPA") approved environmental clean-up or an NJDEP approved
woodlands management plan.
(h)
Where no trees are being removed, no application need be submitted.
A signed and sealed letter from applicant's engineer certifying that
no trees are being removed shall suffice.
(2)
Application. Notwithstanding any exemption to the replacement
requirements of this chapter, an application for the harvest of timber
and/or silviculture, shall be based upon and in accordance with the
standards and recommendations of the New Jersey State Bureau of Forestry
pertaining to the type of tree removal project proposed.
G.
Zoning Permit.
(1)
Procedure for obtaining a zoning permit when approval from Zoning
Board of Adjustment or Planning Board is not required.
(a)
For the removal of trees (i) not in conjunction with an application for development of property involving minor or major subdivision or site plan, (ii) where the approval of the Planning Board or Zoning Board of Adjustment is not required, or (iii) on any single-family lot not meeting the exemption criteria under Subsection F. above, an application for obtaining a zoning permit in a form to be established shall be submitted in duplicate to the administrative officer providing the following information:
[1]
Street address of property with block and lot;
[2]
Name of owner of property, name of occupant of
premises;
[3]
Size of the tract;
[4]
List identifying the number of trees by species
with a D.B.H. greater than four inches to be removed. For lots one
acre or greater the number of trees to be removed as a percentage
of total trees on the tract;
[5]
Name of person or company to do removal or replacement;
[6]
Reason for the removal;
[7]
Plot plan at any scale between: one inch equals
one foot through one inch equals 100 feet; showing the location of
all trees and the trees to be removed;
[8]
Replacement plan in accordance with this section
including the location on plot plan where trees will be replaced;
[9]
Indicate whether the subject property has been
part of a development application submitted to the Planning Board
or Zoning Board of Adjustment. If it has, indicate the decision of
the respective board and provide a copy of the resolution and plans.
(b)
The Administrative Officer shall review the submitted information
and determine what effect the proposed tree removal will have on the
subject property. The Administrative Officer shall forward a copy
of the application for obtaining a zoning permit to the Department
of Planning who shall certify that the information contained in the
application is accurate. If the proposed removal does not violate
the below listed criteria, a zoning permit, in a form to be established,
shall be issued by the Administrative Officer. If the proposed tree
removal does violate one of the below listed criteria, the matter
shall be referred to the review board which had or would have jurisdiction.
(c)
The Administrative Officer shall have 45 days to deem an application
for zoning permit complete. Once the application is deemed complete,
the Administrative Officer shall have 45 days to render a decision
of approval or denial, as otherwise set forth in the Municipal Land
Use Law.
(d)
A zoning permit issued by the administrative officer under this
subsection shall be valid for one year from the date of issuance.
It shall be displayed or available for inspection at the site where
tree removal and replacements are to take place. Any person may examine
an application for zoning permit on file with the Administrative Officer
upon request made in writing or in person to that officer.
(e)
Tree removal criteria.
[1]
The tree removed is not located within a buffer
area as required by the zoning ordinance for the zoning district in
which the property in question is located;
[2]
The tree to be removed is not located within a
tree save area or buffer area as delineated and/or specified on a
previously approved site plan or subdivision plan for the property
in question;
[3]
The tree to be removed was not required to be planted
by a previously approved application and/or landscape plan to provide
screening or buffering for a building or structure located on the
property in question or on an adjacent parcel of land.
(2)
Procedure for obtaining zoning permit when approval from zoning
or planning board is required.
(a)
For the removal of trees in conjunction with an application
for development of property as either a minor or major subdivision
or site plan, or in any other form of development where the approval
of the Planning Board or Board of Adjustment will be required, the
applicant shall submit to the Board simultaneously with the application
for approval of such development in a form and manner which complies
with the Township land use regulations.
[1]
A tree replacement plan consisting of a map having
a scale of one inch equals 50 feet or less showing the location of
existing wooded areas and clearly marked boundaries of the plots used
to determine the average wooded acre for the site. The map shall be
prepared by a professional licensed in the State of New Jersey and
authorized pursuant to law to submit such plans. The map or site plan
shall also show:
[a]
Location of streams and watercourses;
[b]
Locations of slopes greater than 10 percent where
any tree removal is proposed;
[c]
Total acreage of the tract;
[d]
Locations on the tract where tree removal is to
take place;
[e]
The location of each one-tenth acre plot used to
determine the average wooded acre as defined above;
[f]
For each plot inventoried to determine the average
wooded acre, the application shall provide a list identifying the
species of tree, the number of trees of each species and the side
of each individual tree in that plot;
[g]
The total number by species of existing trees with
a D.B.H. of four inches or greater on the tract;
[h]
The total number by species of trees with a D.B.H.
of four inches or greater, which are to be removed;
[i]
For tracts greater than two acres, the applicant
may make an estimate of the total quantity of trees by species, based
upon the inventory of one-tenth acre plots. For tracts less than two
acres or where less than two acres are proposed to be cleared, the
number and species of trees to be removed shall be based on actual
count;
[j]
All trees with a D.B.H. of 16 inches or greater
shall be specifically identified by location on the map and listed
on a separate schedule showing species and common name and size. All
efforts shall be made to preserve such trees, including, if necessary,
relocation of infrastructure, roadways and buildings.
[k]
A specific replacement plan for the replanting
of removed trees in accordance with this section;
[l]
Where individual lots are to be created by the
application, individual plot plans shall be prepared showing the location
of trees to be removed and replaced.
(b)
The Planning Board or the Zoning Board shall forward the proposed
tree removal plan to the Department of Planning for review and comment
by its Board professionals. The Department of Planning shall certify
that the plan is accurate and so advise the Planning Board or Zoning
Board.
(c)
A copy of the signed resolution of approval and a copy of the
fully executed site plan or subdivision indicating all conditions
of approval have been met shall be submitted to the administrative
officer before a zoning permit shall be issued.
(d)
The zoning permit issued by the administrative officer shall
be valid so long as the approved application is valid. The removal
or damage to trees not approved for removal shall be considered a
violation of this chapter.
(e)
Any substantial change in a tree removal and replacement plan
shall necessitate the submission of a revised plan to the appropriate
board for review.
(f)
The zoning permit issued by the administrative officer shall
be displayed or be available for inspection at the site where tree
removal and replacement is to take place. Failure to display or make
available the zoning permit at the site of removal shall be a violation
of this chapter. Any person may examine the application for zoning
permit on file with the Administrative Officer upon request made in
writing or in person to that office. Copies of the application submission
shall be made available at the usual charge.
(g)
Prior to the issuance of a building permit by the Construction
Official, the developer shall designate on all relevant lots, the
trees to be retained which designation shall be based upon the zoning
permit.
(h)
Prior to the issuance of the certificate of occupancy, the Construction
Official shall receive a release from the administrative officer or
his or her designee that all trees to be retained and all trees to
be replaced under the zoning permit are in fact in existence and that
all debris (slash) generated as a result of these activities has been
removed.
H.
Replacement Requirements.
(1)
Replacement formulas. For all replacement requirements, the following formulas shall apply, except for trees in the Township right-of-way, which shall be in accordance with Chapter 25 of the Township Code:
(a)
For trees with a D.B.H. equal to or greater than four inches
and less than 16 inches, replacement shall be based upon the percentage
of the trees removed as set forth below:
|
Percentage of Trees Removed from Entire Development to Be Replaced
with Trees of Min. Size 2.5" Caliper
|
Percentage of Trees
|
|---|---|
|
80—100
|
80
|
|
60—79
|
60
|
|
40—59
|
40
|
|
20—39
|
20
|
|
Less than 20
|
10
|
(b)
For trees with a D.B.H. equal to or greater than 16 inches,
the removed tree shall be replaced:
|
Existing Tree to Be Removed (min. size 2.5" caliper)
|
Number of Replacement Trees
|
|---|---|
|
Less than 18
|
3
|
|
Less than 21
|
4
|
|
Less than 24
|
5
|
|
Less than 27
|
6
|
|
Less than 29
|
7
|
|
Less than 31
|
8
|
|
Less than 33
|
9
|
|
Less than 35
|
10
|
|
Less than 37
|
11
|
|
Less than 39
|
12
|
|
Less than 40
|
13
|
|
Less than 41
|
14
|
|
41 inches or greater
|
15
|
(c)
The species or type of replacement tree and the mix of replacement
tree types (deciduous, coniferous) shall be selected from the species
removed from the tract under consideration or from the recommended
tree species list.
(d)
On parcels to be developed where less than 10 percent of the
site is wooded area, in addition to any trees that must be replaced
or provided under this chapter, there shall be required the addition
of one tree for every 1,000 square feet of new or reconstructed impervious
coverage. Trees incorporated in a landscaping plan or required for
rights-of-way may not be credited toward this requirement.
(e)
The applicant may provide replacement trees of a caliper size
larger than two and one-half inches and receive tree replacement credit
on a tree replacement plan as set forth below:
|
Size of Tree Value
|
Replacement Value
|
|---|---|
|
Minimum 2.5" caliper
|
1.00
|
|
Minimum 3.0" caliper
|
1.25
|
|
Minimum 3.5" caliper
|
2.00
|
|
Minimum 4.0" caliper
|
3.00
|
|
For example, if two and one-half inches replacement trees are
required, the applicant may provide any one of the following combinations
of trees:
|
|
Twelve (12) trees of minimum 2.5" caliper: [12 trees
x 1.00 (replacement value) = 12 trees]
|
|
Ten (10) trees of minimum 3.0" caliper: [10 trees
x 1.25 (replacement value) = 12.5 trees]
|
|
Six (6) trees of minimum 3.5" caliper: [6 trees
x 2.0 (replacement value) = 12 trees]
|
|
Four (4) trees of minimum 4.0" caliper: [4 trees
x 3.00 (replacement value) = 12 trees]
|
|
Further, the applicant may provide coniferous evergreen
replacement trees of a height between six feet to ten (6 to 10) feet
and/or dark arborvitae replacement trees of a height between eight
to twelve (8 to 12) feet and receive a one for one tree replacement
credit on a tree replacement plan.
|
I.
Shade Tree Requirements.
(1)
Street and parking area trees (shade trees).
(a)
In addition to the trees required to be replaced by this chapter, there shall be planted one shade tree for every 50 feet of frontage on proposed right-of-way in accordance with Chapter 25 of the Township Code.
(b)
Where development includes the construction of off-street parking for 10 vehicles or more, shade trees shall be planted around the perimeter of the parking space in accordance with the standard in Subsection I(1)(a) above.
(c)
The types and locations of shade trees to be planted shall be
shown in the plans submitted to the Planning Board or Zoning Board
of Adjustment in conjunction with the application for development.
J.
On-Site Replacement Waivers.
(1)
Waivers.
(a)
All required replacement trees shall be planted on the site
from which trees were removed. A waiver from any portion or all of
the required-on-site replacement shall be granted by the review board
having jurisdiction, if the applicant has adequately demonstrated
to the review Board that practical physical difficulties associated
with the subject property that were not caused by the applicant and/or
undue hardship related to the unique conditions of the site from which
trees are to be removed preclude strict compliance with this chapter.
The comments and recommendations of the review board's professional
planner shall be solicited in determining whether the requested waiver
is appropriate.
(2)
In lieu of replanting trees on the removal site, the applicant
shall have the option of planting replacement trees of type(s) selected
by the Administrative Officer from the recommended tree species list
at an off-site location chosen by the Board having jurisdiction in
consultation with the Environmental Commission. Such off-site locations
shall be public property and rights-of-way, including, but not limited
to public parks, public schools and public buildings.
(3)
For those excess trees that cannot be planted on the site, the
applicant may make a contribution to be deposited in the Township's
tree fund escrow as established by this chapter. The contribution,
in lieu of planting of trees, shall be three hundred fifty ($350.00)
dollars per tree. Applicants shall demonstrate their ability to plant
as many trees on the site as reasonably practicable as determined
by the review Board's professional planner. After a showing that the
applicant can place no additional plantings on the site, the remainder
shall be available for contribution in lieu of such plantings, subject
to the recommendation of the review Board's professional planner.
K.
Bonding for Replacement Trees.
(1)
Bond requirements. The applicant shall post a bond covering
15 percent of the cost of the tree replacement plan, including all
labor costs, prior to the final engineering approval for the release
of the performance guarantees, if any. The bond shall be held for
two growing seasons after the cessation of construction or land disturbance
on the site. Funds shall be used to replace trees which die or are
damaged during this two-year growing season period in the event that
the applicant fails in his, her or its duty to replace trees. If the
Township replaces trees under this provision, all administrative fees
to cover the Township's costs including the cost of replacement trees,
labor, and materials shall be deducted from any amount of funds to
be returned to the applicant. Any unused funds shall be returned to
the applicant at the end of the two-year period.
L.
Tree Fund.
(1)
There shall be established by this chapter a Township Tree Fund
for the purposes set forth in this chapter.
(2)
All funds collected as contribution in lieu of replanting trees
shall be made out to the "Woodbridge Township Tree Fund" and deposited
into an escrow account clearly designated as the "Woodbridge Township
Tree Fund." Funds so deposited shall be used solely for the following
purposes:
(a)
Park improvements, including landscape improvements, retaining
walls, landscape irrigation systems, park benches, bollards, landscape
lighting, site lighting (excluding sport event lighting) pathways
and playground equipment; provided, however, that at no time shall
more than 30 percent of the outstanding account balance on an annual
basis be utilized for such park improvements; and
(b)
The planting of trees or other landscaping in public parks,
property surrounding public buildings and rights-of-way.
(3)
The Woodbridge Township Tree Fund shall be administered by the
Director of Finance. The Director of Finance shall report (listing
by date for the report period) to the Township Council, the Planning
Board, and the Environmental Commission, on a quarterly basis, the
amount in the Fund as of the end of each quarter, the amount deposited
by each development application or other contribution, and all amounts
dedicated from the Fund for use for the purposes described in this
section for that period. Such reports for any period shall be filed
with the Township Clerk and made available as a public record to residents
who request them in writing pursuant to the Open Public Records Act.
(4)
Any and all appropriations from the Woodbridge Township Tree
Fund shall be made by the Township Council of the Township of Woodbridge.
M.
Tree Planting and Preservation Standards.
(1)
Standards established.
(a)
No soil shall be deposited or removed within the drip line or
within eight feet, whichever is greater, of any existing tree trunk.
No machinery or materials shall be sorted, deposited, cleaned or operated
within the drip line or within eight feet, whichever is greater of
any existing trunk.
(b)
Drip lines of specimen trees and isolated groupings of trees
which are to remain on site shall be clearly protected by snow fencing.
(c)
The grade of the land located along the drip line shall not
be raised or lowered more than six inches unless compensated for by
welling or retaining methods and in no event shall the welling or
retaining wall methods be less than eight feet from the trunk of the
tree.
(d)
All debris created during tree removal and replacement shall
be removed from the site for disposal before any certificate of occupancy
shall be issued.
(e)
Where clearing and construction on the site results in accidental removal or severe damage, which will eventually result in earth and removal, of any tree delineated in the replacement plan as remaining on the site, such removed or damaged tree shall be replaced on a one for one basis by trees two and one-half inch caliper if the damaged tree is between two and one-half and 16 inches D.B.H. If the damaged tree is greater than 16 inches D.B.H., replacement shall be as set forth in Subsection H. of this section.
(f)
Planting.
[1]
In general, excavation for planting shall be large
enough to accommodate the natural spread of the root system and at
least six inches deeper and two feet wider than the ball of earth
supplied with the tree. The pit shall be rock free and refilled with
seven parts topsoil and one part humus and the parent soil disposed
of properly. Hardpan shall be loosened an additional 12 inches from
the bottom and side of the pit. Trees shall be adequately fertilized
and watered at the time of planting and mulched with three inches
of approved mulch immediately after planting.
[2]
Trees shall be staked and guyed immediately after
planting. A minimum of two stakes shall be driven outside of the excavation
of the root ball. Stakes shall be of cedar or oak, eight feet long,
no less than two inches in diameter. Trees shall be guyed to the stakes
using No. 10 wire covered with rubber hose or equal. The wire shall
be attached to the stake in such a manner that it will not slip or
come into contact with the tree trunk. The trunk of the tree shall
be protected with tree wrap.
N.
Fees.
(1)
There shall be a $25 fee for applications under this subsection
for tree removal from any single-family residential lot.
(2)
Where the applicant is seeking a zoning permit and replacement
plan approval for any other property, the application fee shall be
$200 in addition to all other fees required by the Township of Woodbridge
land use and development regulations.
O.
Violations; Penalties.
(1)
Each tree cut, damaged or destroyed in violation of this chapter
shall be deemed to be a separate and distinct violation. Any person
convicted of violating any of the provisions of this chapter shall
be liable to the penalty stated in the land use and development regulations.
(2)
In addition, the Township may institute and maintain a civil
suit in chancery for injunctive relief to enforce the provisions of
this chapter. The Township may also require the replacement of illegally
removed trees with trees of similar species or appropriate contribution
for same as set forth in other sections of this chapter.
(3)
The Township Council through the Administrative Officer of the
Township may revoke a zoning permit where there has been a false or
misleading application or there is noncompliance with the approved
tree removal and replacement plan.
