A. Site plan approval, when required. Prior to the issuance of a building permit, demolition permit, sign permit, zoning permit or certificate of occupancy for any development, a final site plan application shall be submitted to and approved by resolution of the Board in accordance with the requirements of this Article, and all conditions precedent to said approval, including but not limited to the completion of required infrastructure improvements as set forth in §
102-58A, and/or the posting of performance guarantees for same, shall be complied with, and following same, the site plan shall be signed by the Chairman and Secretary of the Board. Furthermore, the Board may require, as a condition of any approval, the withholding of permits and approvals pending the satisfactory completion of required improvements as set forth in §
102-58B. Notwithstanding the above, the following developments shall be exempt from the requirement of site plan review and approval:
[Amended 12-17-01 by Ord. 2118]
(1) Subdivision or individual lot applications for detached one- or two-dwelling
unit buildings.
(2) A proposed interior alteration not involving a change of use, nor
involving any exterior site improvements other than those improvements
exempted from site plan review and approval by this section.
(3) Maintenance and repair of existing improvements.
(4) Exempt antennas, as defined in Article
II.
(5) Development undertaken by the Borough of Somerville.
(6) Development otherwise exempt from the requirement of site plan approval
by law.
B. Subdivision approval, when required. Prior to the filing of any plat, deed or other recorded instrument for the subdivision of land with the County Recording Officer, a final subdivision application shall be submitted to and approved by resolution of the Board in accordance with the requirements of this Article, and all conditions precedent to said approval, including but not limited to the completion of required infrastructure improvements as set forth in §
102-58A, and/or the posting of performance guarantees for same, shall be complied with. Furthermore, the Board may require, as a condition of any approval, the withholding of permits and approvals pending the satisfactory completion of required infrastructure improvements as set forth in §
102-58A.
C. Board jurisdiction. The resolution of the Zoning Board of Adjustment
shall substitute for that of the Planning Board whenever the Zoning
Board of Adjustment has jurisdiction over a subdivision or site plan
pursuant to this chapter.
Applications for site plan and/or subdivision approval shall
be classified as one or more of the following, as defined by this
chapter:
E. Preliminary major site plan.
F. Preliminary major subdivision.
I. Applications for amended approval, as defined in §
102-4A, shall be classified as if the amendment(s) were a new application, and excluding those plan aspects to remain the same. By way of example, but not limitation, if amended approval is sought for a major site plan, but the plan aspects to be amended would alone meet the definition of a minor site plan, the application for amended approval shall be classified as a minor site plan.
[Added 06-16-03 by Ord. 2143]
[Amended 12-17-01 by Ord. 2118]
Applications for site plan and/or subdivision approval shall
be filed in accordance with the following procedures:
A. An application for site plan or subdivision approval shall be filed
with the Secretary of the Board having jurisdiction over the application.
Required forms and checklists for the application shall be available
in the office of the Secretary for the respective Board, and shall
be provided to the applicant prior to formal submission of an application.
B. Applications must be accompanied by the required drawings, documents,
fees and other data as required by the completeness checklists in
this chapter. The applicant may produce other documents, records,
or testimony at the hearing to substantiate, clarify or supplement
the previously filed maps and documents.
C. Any maps and documents for which approval is sought shall be determined
complete within the following deadlines before the date of the public
hearing at which the application will be heard, in order to give the
Board and its advisors sufficient time to review the application.
Type of Application
|
Days Before Public Hearing
|
---|
C" Variances, No Site Plan or Subdivision
|
28
|
Appeals Other Than Variances
|
28
|
Minor Site Plans and Minor Subdivisions
|
28
|
Final Major Site Plans and Final Major Subdivisions
|
28
|
"D" Variances
|
35
|
Preliminary Major Site Plans and Preliminary Major Subdivisions
|
35
|
Combination of Application Types
|
The longest time period applicable to any of the application
types
|
The hearing date for any application will be deferred for any application failing to meet this deadline; provided, that the Board, in exceptional circumstances and for due cause shown may vary from this procedure upon written request from the applicant. Under no circumstances, however, shall the ten (10) day deadline in § 102-15 be waived. The foregoing provisions shall not be construed as a guarantee that a complete application will be heard at the next meeting; the Board shall set its own agenda in accordance with its rules and in accordance with the time periods within which the Board is required to act.
|
The Planning Board or the Zoning Board of Adjustment, as applicable,
shall have the power to review and approve or deny conditional uses,
site plans and subdivisions simultaneously, and shall have the power
to review and approve or deny variance requests simultaneously with
any of the above applications, without the developer being required
to make further application to the Board, or the Board being required
to hold further hearings.
Upon the filing of an application, it shall be reviewed to determine
compliance with the submission requirements of this chapter. The following
procedure shall apply:
A. An application for development shall be complete for purposes of
commencing the applicable time period for action by the Board when
so certified by the Board or its authorized committee or designee.
B. The applicant shall be notified in writing whether the application
has been determined complete or incomplete by the Board or its authorized
committee or designee within forty-five (45) days of the date of submission
of an application. An application shall be determined complete if
all of the items required by the appropriate completeness checklists
have been submitted.
C. In the event that the agency, committee or designee does not certify
the application to be complete or incomplete within forty-five (45)
days of the date of its submission, the application shall be deemed
complete upon the expiration of said forty-five (45) day period.
D. The applicant may request that one or more of the submission requirements
be waived. A written request, explaining the basis for such request(s)
must be submitted for such waiver requests in order to be considered.
The Board or its authorized committee shall grant or deny the waiver
request within forty-five (45) days of receipt of the written request.
E. Nothing herein shall be construed as diminishing the applicant's
obligation to prove in the application process that he or she is entitled
to approval of the application. The Board 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 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 Board.
[Amended 12-17-01 by Ord. 2118]
The following general review procedures shall apply, unless
the provisions for specific types of applications indicate a contrary
procedure:
A. After an application has been determined to be complete, the Secretary
shall forward the application to the Planning Board or the Zoning
Board of Adjustment for public hearing, depending on which board has
jurisdiction. Hearings shall be conducted in accordance with the procedures
outlined in this chapter.
B. After an application has been determined to be complete, or when
the application has been scheduled for public hearing, whichever occurs
sooner, the Secretary shall refer the application to the following
persons or agencies for report and recommendation to the Board:
(2) The Planning Consultant for the Board.
(3) The Township of Bridgewater and the Borough of Raritan, in the case of certain applications specified in §
102-12B(3).
(4) Such other consultants which have been directed by the Board to review
and comment on the application, as well as other Borough, County,
State and Federal officials and agencies having appropriate jurisdiction
and as directed by the Board. Such referral to other governmental
officials or agencies shall not relieve the applicant of the responsibility
of applying independently to and receiving approval from such agencies
as required by law.
C. The Board shall grant or deny an application within the following
time periods, or within such further time as may be consented to by
the applicant. The time period required below for action shall begin
on the date that an application is determined to be complete.
(1) Conceptual site plan and conceptual subdivision: no time limit.
(2) Minor site plan: 45 days.
(3) Preliminary major site plan, ten (10) acres of land or less and ten
(10) or fewer dwelling units: 45 days.
(4) Preliminary major site plan, more than ten (10) acres of land or
more than ten (10) dwelling units: 95 days.
(5) Final site plan: 45 days.
(6) Minor subdivision: 45 days.
(7) Preliminary major subdivision, ten (10) or fewer lots: 45 days.
(8) Preliminary major subdivision, more than ten (10) lots: 95 days.
(9) Final major subdivision: 45 days.
(10)
Conditional use site plan: 95 days.
(11)
Any application involving a variance: 120 days.
(12)
Simultaneous or consecutive applications. Whenever an applicant
seeks simultaneous approval of a subdivision, site plan, conditional
use, variance request and/or direction for issuance of a permit, the
longest time period for action by the Board, whether it be for subdivision,
site plan, conditional use, variance or direction for issuance of
a permit, shall apply to the simultaneous application. In the event
that the applicant elects to submit separate consecutive applications,
the time period for action provided by this chapter shall apply to
each individual application.
D. If the Board or any other governmental agency requires or the developer
proposes, or is required to propose due to conditions beyond his/her
control, any substantial amendments in the layout of improvements
or of other aspects of the development proposed by the developer that
have been the subject of a hearing, an application for amended approval
shall be submitted and proceeded upon, as in the case of the original
application for development.
[Amended 06-16-03 by Ord. 2143]
E. If the proposed development complies with this chapter and the Municipal
Land Use Law, the Board shall grant site plan and/or subdivision approval.
At the request of the developer, the Planning Board 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.
Submission of a concept plan is optional with the developer. Informal
review of a concept plan is intended to enable the Board and the developer
to discuss and evaluate principles and potential problems involved
before the applicant has gone to the expense of completing detailed
engineering drawings as required for formal plan review and approval.
The procedures for filing, determination of completeness and review
shall be as provided by this Article. The developer shall not be bound
by any concept plan for which review is requested, and the Planning
Board shall not be bound by any such review.
In addition to the procedures for filing, completeness determination
and review provided by this Article, the following provisions shall
apply to minor site plans:
A. If an application for minor site plan approval is classified as other
than a minor site plan, the applicant will be so notified. No further
action by the Board will be required, and the applicant will be required
to follow the procedures for filing an application for preliminary
and final major site plan approval.
B. A minor site plan may, at the discretion of the Board, be reviewed
by the full Board or may be approved by the Board based upon a review
and favorable recommendation by the Site Plan Waiver Committee and/or
Architectural Review Board; provided, however, that any minor site
plan which requires any variances or exceptions shall be reviewed
by the full Board, and a public hearing shall be held in accordance
with the procedures set forth in this chapter. In the case of an application
for amended approval that is classified as a minor site plan, the
application shall be reviewed by the full Board at a public hearing
if the original application was the subject of a public hearing.
[Amended 06-16-03 by Ord. 2143]
C. Minor site plan approval shall be deemed to be final approval of the plan by the Board, provided that the Board may condition such approval on terms ensuring the provision of improvements pursuant to §
102-25, §
102-58 and §
102-59, including but not limited to the posting of performance and maintenance guarantees and the withholding of permits and approvals as set forth in §
102-58. No certificate of occupancy or zoning approval shall be issued prior to the satisfactory completion of all improvements, except as may be provided otherwise by §
102-58B.
D. If the application is approved, the approved plan shall be signed by the Chairman and Secretary of the Board; provided that the signatures of the Chairman and Secretary shall not be affixed until: 1) the developer has posted any guarantees that may be required pursuant to §
102-25 and §
102-57, 2) all conditions precedent to approval have been complied with in accordance with §
102-53, and 3) the developer has submitted the number of plan copies required by §
102-48E below.
[Amended 12-17-01 by Ord. 2118]
E. Prior to the Chairman and Secretary signing the plans, the applicant
shall submit six (6) copies of the approved plan to the Secretary.
Following signature of the plan copies, the Board shall return one
copy of the signed plan to the applicant.
[Amended 12-17-01 by Ord. 2118; 06-16-03 by Ord. 2143]
F. The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor site plan approval was
granted, shall not be changed for a period of two (2) years after
the date of minor site plan approval. The Planning Board shall grant
an extension of this period for a period determined by the Board but
not exceeding one (1) 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.
The developer shall apply for this extension before: (1) what would
otherwise be the expiration date, or (2) the ninety-first (91st) day
after the date on which the developer receives the last of the legally
required approvals from the other governmental entities, whichever
occurs later.
G. If the required building and/or zoning permits for an approved minor site plan have not been issued within the period of protection set forth in Subsection
F. above, the approval of said minor site plan shall become null and void.
In addition to the procedures for filing, completeness determination
and review provided by this Article, the following provisions shall
apply to minor subdivisions:
A. If an application for minor subdivision approval is classified as
other than a minor subdivision, the applicant will be so notified.
No further action by the Board will be required, and the applicant
will be required to follow the procedures contained herein for filing
an application for preliminary and final major subdivision approval.
B. In reviewing a minor subdivision application, the Board may 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 with the
"Map Filing Law".
C. A minor subdivision may, at the discretion of the Board, be reviewed
by the full Board or referred to the Subdivision Committee for review
and recommendations; provided, that any minor subdivision which requires
any variances shall be reviewed by the full Board, and a public hearing
shall be held in accordance with the procedures set forth in this
chapter.
D. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board may condition any such approval on terms ensuring the provision of improvements pursuant to §
102-25, §
102-58 and §
102-59, including but not limited to the posting of performance and maintenance guarantees, and the withholding of permits and approvals as set forth in §
102-58. No certificate of occupancy or zoning approval shall be issued prior to the satisfactory completion of all improvements, except as may be provided otherwise by §
102-58B.
E. If the application is approved, the deed or plat, as applicable, shall be signed by the Chairman and Secretary of the Board; provided that the signatures of the Chairman and Secretary shall not be affixed until: 1) the developer has posted any guarantees that may be required pursuant to §
102-25 and §
102-57, 2) all conditions precedent to approval have been complied with in accordance with §
102-53, and 3) the developer has submitted the number of plan copies required by §
102-49F below.
[Amended 12-17-01 by Ord. 2118]
F. Prior to the Chairman and Secretary signing the plans, the applicant
shall submit six (6) copies of the approved plat or deed to the Secretary.
Following signature of the plan copies, the Board shall return one
(1) copy of the signed plan to the applicant.
[Amended 12-17-01 by Ord. 2118; 06-16-03 by Ord. 2143]
G. Except as provided otherwise below, approval of a minor subdivision shall expire one hundred ninety (190) days from the date on which the resolution of Borough approval is adopted unless within such period a plat in conformity with such approval and 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 Borough Engineer and the Borough Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Board. No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to §
102-54 or §
102-62.
H. The Board may extend the one hundred ninety (190) day period for
filing a minor subdivision plat or deed if the developer proves to
the reasonable satisfaction of the Board: 1) 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 2) 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 Board. The developer
may apply for the extension either before or after what would otherwise
be the expiration date.
I. The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision approval was
granted, shall not be changed for a period of two (2) years after
the date on which the resolution of minor subdivision approval is
adopted, provided that the approved minor subdivision shall have been
duly recorded as provided in this section.
In addition to the procedures for filing, completeness determination
and review provided by this Article, the following provisions shall
apply to preliminary major site plans and preliminary major subdivisions:
A. If the application is approved, the site plan or plat, as applicable, shall be signed by the Chairman and Secretary of the Board; provided that the signatures of the Chairman and Secretary shall not be affixed until: 1) all conditions precedent to approval have been complied with in accordance with §
102-53, and 2) the developer has submitted the number of plan copies required by §
102-50B below.
[Amended 12-17-01 by Ord. 2118]
B. Prior to the Chairman and Secretary signing the plans, the applicant
shall submit six (6) copies of the approved site plan or plat to the
Secretary. Following signature of the plan copies, the Board shall
return one (1) copy of the signed plan to the applicant.
[Amended 12-17-01 by Ord. 2118; 06-16-03 by Ord. 2143]
C. Preliminary approval of a major site plan or preliminary major subdivision
shall, except as provided otherwise below, confer upon the applicant
the following right for a three (3) year period from the date on which
the resolution of preliminary approval is adopted:
(1) That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions and off-tract improvements; and, in the
case of a site plan, any on-tract improvements required to be installed,
except that nothing herein shall be construed to prevent the Borough
from modifying by ordinance such general terms and conditions of preliminary
approval as relate to public health and safety;
(2) That the developer may construct the required infrastructure improvements set forth in §
102-58C, post performance guarantees for same, or any combination of the foregoing, prior to the grant of final approval by the Board;
(3) 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 major site plan or preliminary major subdivision,
as the case may be; and
(4) That the applicant may apply for and the Board may grant extensions
of such preliminary approval for additional periods of at least one
(1) year, but not to exceed a total extension of two (2) years, provided
that if the design standards have been revised by ordinance, such
revised standards may govern.
D. In the case of a preliminary major site plan or preliminary major subdivision for an area of fifty (50) acres or more, the Board may grant the rights referred to above for such period of time, longer than three (3) years, as shall be determined by the Board to be reasonable taking into consideration 1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, 2) economic conditions, and 3) the comprehensiveness of the development. The applicant may apply for thereafter and the Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration 1) the number of dwelling units and nonresidential floor area permissible under preliminary approval, and 2) the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, 3) economic conditions and 4) the comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern. Any such extension of approval for five (5) or more years shall require notice and public hearing pursuant to §
102-11I.
E. Whenever the Board grants an extension of preliminary major site
plan or preliminary major subdivision approval as indicated above
and the 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.
In addition to the procedures for filing, completeness determination
and review provided by this Article, the following provisions shall
apply to final major site plans and final major subdivisions:
A. The Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by ordinance for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the "Map Filing Law". No final approval shall be granted unless all required infrastructure improvements pursuant to §
102-58A have been satisfactorily completed, or unless performance guarantees for same have been posted and accepted pursuant to §
102-25. Furthermore, the Board may require the withholding of permits and approvals as set forth in §
102-58B, pending the completion of required infrastructure and site improvements. No certificate of occupancy or zoning approval shall be issued prior to the satisfactory completion of all improvements, except as may be provided otherwise by §
102-58B.
B. In the case of a planned residential development, the Board may permit
minimal deviations from the conditions of preliminary approval necessitated
by a change of conditions beyond the control of the developer since
the date of preliminary approval without the developer being required
to submit another application for development for preliminary approval.
C. If the application is approved, the site plan or plat, as applicable, shall be signed by the Chairman and Secretary of the Board; provided that the signatures of the Chairman and Secretary shall not be affixed until: 1) the developer has posted any guarantees that may be required pursuant to §
102-25 and §
102-57 and 2) all conditions precedent to approval have been complied with in accordance with §
102-53. Prior to the signing and return of a final major subdivision plat or final major site plan, the applicant shall submit six (6) copies of the approved plat to the Secretary.
[Amended 12-17-01 by Ord. 2118; 06-16-03 by Ord. 2143]
D. Final approval of a major subdivision shall expire ninety-five (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 Board may for good cause shown extend the period
of recording for an additional period not to exceed one hundred ninety
(190) days from the date of signing of the plat.
E. The Board may extend the ninety-five (95) day or one hundred ninety
(190) day filing period if the developer proves to the reasonable
satisfaction of the Board 1) 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 2) 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 Board.
F. The developer may apply for a filing extension either before or after
the original expiration date.
G. No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to §
102-54 and §
102-62. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guarantees required pursuant to §
102-25 and §
102-57 and the developer has submitted the number of plan copies required by §
102-51C above.
[Amended 12-17-01 by Ord. 2118]
H. The zoning requirements applicable to the preliminary approval first
granted and all other right conferred upon the developer by preliminary
approval, whether conditionally or otherwise, shall not be changed
for a period of two (2) 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 herein shall expire if the plat has
not been duly recorded within the time period provided above.
I. Notwithstanding any other provisions of this chapter, the granting
of final approval to the development or section of the development
terminates the time period of protection for the preliminary approval
granted to the same development or section of the development.
J. 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 above, the Board may extend such period of protection
for extensions of one (1) year, but not to exceed three (3) extensions.
K. In the case of a subdivision or site plan for a planned development of fifty (50) acres or more, conventional subdivision or site plan for one hundred fifty (150) acres or more, or site plan for development of a nonresidential floor area of two hundred thousand (200,000) square feet or more, the Board may grant the rights referred to in Subsection
H. above for such period of time, longer than two (2) years, as shall be determined by the 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 Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the 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 developed, 3) economic conditions and 4) comprehensiveness of the development. Any such extension of approval for five (5) or more years shall require notice and public hearing pursuant to §
102-11I.
L. The developer may apply for an extension either before or after what would otherwise be the expiration date. Whenever the Board grants an extension of final approval pursuant to Subsection
J. or K. above and the 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.
In addition to the procedures for filing, completeness determination
and review provided by this Article, the following provisions shall
apply to applications which involve planned residential development:
A. Variation in density or intensity. The standards for permitting variation in intensity in a planned residential development shall be as set forth in the specific district regulations in Article
XI of this chapter.
B. Open space ownership and maintenance. Any subdivision which involves
planned residential development shall either dedicate any resulting
open space land to the Borough or shall make provision for the establishment
of an open space organization which shall own and maintain said open
space for the benefit of owners or residents of the development. Any
area to be dedicated to the Borough for open space purposes under
the terms of this section shall be at a location and shape as approved
by the Planning Board. If any open space areas are to be owned and
maintained by an organization for the benefit of owners and residents
of the development, then the following provisions shall apply:
(1) Such organization shall not be dissolved and shall not dispose of
any open space, by sale or otherwise, except to an organization conceived
and established to own and maintain the open space for the benefit
of such development. Thereafter, such organization shall not be dissolved
or dispose of any of its open space without first offering to dedicate
the same to the Borough of Somerville.
(2) In the event that such organization shall fail to maintain the open
space in reasonable order and condition, the Planning Board may serve
written notice upon such organization or upon the owners of the development
setting forth the manner in which the organization has failed to maintain
the open space in reasonable condition. Said notice shall include
a demand that such deficiencies of maintenance be cured within thirty-five
(35) days thereof, and shall state the date and place of a hearing
thereon. The hearing shall be held within fifteen (15) days of the
notice.
(3) At the hearing on deficiencies in maintenance, the Planning Board
may modify the terms of the original notice as to deficiencies and
may give a reasonable extension of time not to exceed sixty-five (65)
days within which they shall be cured.
(4) If the deficiencies set forth in the original notice or in the modification
thereof shall not be cured within thirty-five (35) days or any permitted
extension thereof, the Borough, in order to preserve the open space
and maintain the same for a period of one (1) year, may enter upon
and maintain such land. Said entry and maintenance shall not vest
in the public any rights to use the open space except when the same
is voluntarily dedicated to the public by the owners.
(5) Before the expiration of the year in Subsection
B(4) above, the Planning Board shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon fifteen (15) days written notice to such organization and to the owners of the development shall show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year.
(6) If at the hearing the Planning Board shall determine that such organization
is ready and able to maintain said open space in a responsible condition,
the Borough shall cease to maintain said open space at the end of
said year.
(7) If at the hearing the Planning Board shall determine such organization
is not ready and able to maintain said open space in a reasonable
condition, the Borough may, at its discretion, continue to maintain
said open space during the next succeeding year, subject to a similar
hearing and determination, in each year thereafter. The decision of
the Planning Board in any such case shall constitute a final administrative
decision subject to judicial review.
(8) The cost of such maintenance by the Borough shall be assessed pro
rata against the properties within the development that have a right
of enjoyment of the open space in accordance with assessed value at
the time of imposition of the lien, and shall become a lien and tax
on said properties and be added to and be a part of the taxes to be
levied and assessed thereon, and enforced and collected with interest
by the same officers and in the same manner as other taxes.
C. Findings for planned residential development. Prior to the approval
of any planned residential development, the Board must find the following
facts and conclusions:
(1) That departures by the proposed development from the zoning regulations otherwise applicable to the subject property conform to the zoning regulations authorizing such departures by planned residential developments in Article
XI.
(2) 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.
(3) 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.
(4) That the proposed planned residential development will not have a
reasonably adverse impact upon the area in which it is proposed to
be established.
(5) 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.
The Planning Board or the Zoning Board of Adjustment, in granting
any approval, may require reasonable conditions designed to further
the intent and purpose of this ordinance and the Municipal Land Use
Law (N.J.S.A. 40:55D-1 et seq.). The following provisions shall apply
to conditional approvals:
A. Time for compliance with conditions. Whenever any application for
development is approved subject to specified conditions, said conditions
shall be fulfilled within one (1) year of the date on which the resolution
of approval was adopted, subject, however, to the following:
(1) Exempt from this requirement are those conditions pertaining to other governmental approvals as indicated in Subsections
D and
E below; provided, however, that the applicant shall be required to demonstrate in writing that such approvals have been applied for and that the applicant diligently pursued such approvals within the time period for compliance set forth in this subsection.
(2) Notwithstanding the above one (1) year limitation, the Board may,
in appropriate circumstances, specify a longer period of time within
which any specific condition must be fulfilled.
(3) The applicant may, for good cause shown, apply for, and the Board
may grant, extensions of time within which such conditions must be
fulfilled as the Board may deem appropriate under the circumstances.
Applications for such extension must be made prior to the expiration
of the period within which conditions were previously required to
be fulfilled.
B. Procedure for demonstrating compliance. All conditions of approval
shall be complied with in the following manner:
(1) Proof that applications have been filed with all other agencies having
jurisdiction over any aspect of the application for development shall
forthwith be filed with the Board.
(2) The fulfillment of all other conditions shall forthwith be reported
in writing to the Board, which may cause such reports to be verified
in an appropriate manner.
C. Effect of failure to comply. Only upon fulfillment of all conditions precedent of preliminary approval shall any infrastructure improvements required by §
102-58C and any off-tract improvements required by §
102-59, be permitted. Only upon fulfillment of all conditions precedent of final approval shall any subdivision map or site plan be signed and any required building permit, demolition permit, certificate of occupancy, zoning permit, sign permit or other required approval be issued, and any site clearing, grading, and construction of required on-tract improvements be permitted. Failure to comply with any and all specified conditions of approval shall have the following effects:
[Amended 12-17-01 by Ord. 2118]
(1) Conditions precedent. In the case of specified conditions intended
to be fulfilled before the approval becomes effective, failure to
fulfill any such condition within the required time period shall cause
said conditional approval to lapse and become null and void.
(2) Conditions subsequent. In the case of specified conditions which
by their terms are incapable of being fulfilled, or are not required
to be fulfilled prior to the final approval of the application, the
performance of which are not guaranteed by bonds or securities of
any type, failure to fulfill any such condition within the required
time period shall be grounds for the issuance of a stop work order
by the enforcing official and the withholding of any certificate of
occupancy or any other approval until such conditions are fulfilled.
D. County Planning Board approval. Whenever review or approval of an
application by the County Planning Board is required section 5 of
P.L. 1968, c. 285 (C. 40:27-6.3), in the case of a subdivision, or
section 8 of P.L. 1968, c. 285 (C. 40:27-6.6), in the case of a site
plan, the 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.
E. Other governmental approvals. In the event that development proposed
by an application requires an approval by a governmental agency other
than the Planning Board, the Zoning Board of Adjustment or the County
Planning Board, the Board shall, in appropriate instances, condition
its approval upon the subsequent approval of such governmental agency;
provided that the Board shall make a decision on any application within
the time periods provided in this chapter or within an extension of
such period as has been agreed to by the applicant unless the Board
is prevented or relieved from so acting by the operation of law.
F. Legal barrier to development. In the event that a developer submits
an application for development that is barred or prevented, directly
or indirectly, by a legal action instituted by any State agency, political
subdivision or other party to protect the public health and welfare
or by a directive or order issued by any State agency, political subdivision
or court of competent jurisdiction to protect the public health and
welfare, the Borough agency shall process such application for development
in accordance with the Municipal Land Use Law and this chapter, and,
if such application for development complies with this chapter, the
Borough agency shall approve such application conditioned on removal
of such legal barrier to development.
[Amended 12-17-01 by Ord. 2118]
Failure of the Planning Board or the Zoning Board of Adjustment
to act within the periods prescribed herein shall constitute an approval
of the application, and a certificate of the Board Secretary as to
the failure of the Board 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, as required by the Municipal Land Use
Law, and shall be so accepted by the County Recording Officer for
purposes of filing subdivision plats. The following provisions shall
apply whenever an applicant wishes to claim approval of his or her
application for development by reason of the failure of the Board
to grant or deny approval within the time period provided herein:
A. The applicant shall provide notice of the default approval to the municipal agency and to all those entitled to notice by personal service or certified mail of the hearing on the application for development; but for purposes of determining who is entitled to notice, the hearing on the application for development shall be deemed to have required public notice pursuant to §
102-11.
B. The applicant shall arrange publication of a notice of the default
approval in the official newspaper of the Borough, if there be one,
or in a newspaper of general circulation in the Borough.
C. The applicant shall file an affidavit of proof of service and publication with the Board Secretary, who in the case of a minor subdivision or final approval of a major subdivision, shall be the officer who issues certificates pursuant to §
102-62.
The following shall apply to requests for extension of any approval
from the Planning Board or Zoning Board of Adjustment due to delays
in obtaining approvals from other government agencies:
A. The Planning Board shall grant an extension of any site plan or subdivision
approval for a period determined by the Board, but not exceeding one
(1) 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.
B. A developer shall apply for this extension before: 1) what would
otherwise be the expiration, or 2) the ninety-first (91st) day after
the date on which the developer receives the last of the legally required
approvals from the other governmental entities, whichever occurs later.
C. An extension granted pursuant to this section shall not preclude
the Board from granting any other extensions permitted herein or by
any other law.
In the event that, during the period of approval heretofore
or hereafter granted to an application for development, the developer
is barred or prevented, directly or indirectly, from proceeding with
the development otherwise permitted under such approval by a legal
action instituted by any State agency, political subdivision or other
party to protect the public health and welfare or by a directive or
order issued by any State agency, political subdivision or court of
competent jurisdiction to protect the public health and welfare and
the developer is ready, willing and able to proceed with said development,
the running of the period of approval under this chapter shall be
suspended for the period of time said legal action is pending or such
directive order is in effect.
Prior to any construction and coincident with the furnishing
of the performance guarantee by the developer, the developer shall
enter into a developer's agreement with the Borough Council incorporating
all of the terms and conditions of approval as required by the Planning
Board. At the discretion of the Borough Council, the developer may
be required to provide a restoration guarantee as part of the agreement
that can be used by the Borough to restore the property to a safe
condition in the event that the developer abandons the development
project. The intent of such guarantee is to ensure that the property
in its unfinished development state does not adversely affect the
public safety or adversely impact the environment. No cutting of trees
or vegetation, and no excavation, earth moving or installation of
infrastructure shall be permitted until said developer's agreement
is executed between the Borough Council and the developer. No Borough
official shall sign an approved preliminary subdivision or site plan
until the required developer's agreement has been executed.
A. Completion of infrastructure improvements or performance guarantee required prior to final approval. All infrastructure improvements required in Subsection
C below, except for the top course of street pavement and street trees, shall be installed and any required off-tract improvements shall be installed or a pro rata share of such off-tract improvements paid prior to final approval of any subdivision, site plan or variance; provided, however, that the developer may provide, and the Borough shall accept, a performance guarantee in accordance with §
102-25 for the required infrastructure improvements set forth in Subsection
C below in lieu of the installation of said improvements prior to final approval.
B. Completion of improvements required prior to issuance of permits. The Board, in granting final subdivision, site plan or variance approval, may, in appropriate circumstances, condition the issuance of building permits, demolition permits, certificates of occupancy or zoning approvals, as applicable, upon: 1) the timely installation of required infrastructure improvements set forth in Subsection
C below, notwithstanding any performance guarantee which may have been provided, and 2) upon the timely installation of required site improvements set forth in Subsection
D below. In no case, however, shall a certificate of occupancy be issued for any development prior to the satisfactory completion of all required improvements set forth in Subsections
C and
D below; provided, however, that the Board may, in appropriate circumstances, authorize the issuance of a certificate of occupancy prior to the completion of the top course of street pavement, street trees and on-site landscaping if a performance guarantee for same is provided in accordance with §
102-25, provided, however, that any performance guarantee issued under such conditions shall be in the form of cash or a letter of credit. Letters of credit shall only be accepted under the terms set forth in §
102-25A(3).
[Amended 12-17-01 by Ord. 2118]
C. Required infrastructure improvements. The following improvements shall be required for all major subdivisions and major site plans; provided that the Board may require any or all of the following for minor subdivisions, minor site plans and variances if, in the opinion of the Board, the improvements are necessary to provide adequate infrastructure to service the development. All of the following improvements shall be designed in accordance with the provisions in Article
X of this chapter.
(1) Street pavement and street curbs.
(2) Sidewalks on both sides of all new through streets and along any
side of existing through streets upon which the subject property has
frontage; provided no sidewalk shall be required when neither of the
abutting properties have sidewalks along their frontage.
(5) Street signs, street traffic signs and striping.
(7) Monuments, if required by the Map Filing Law.
(8) Potable water facilities, and connections to same, within the street
right-of-way, public easements or other public areas.
(9) Water facilities for firefighting purposes within the street right-of-way,
public easements or other public areas.
(10)
Sanitary sewer facilities, and connections to same, within the
street right-of-way, public easements or other public areas.
(11)
Storm drainage facilities, and connections to same, within the
street right-of-way, public easements or other public areas.
(12)
Electric, telephone, gas and cable television service, as applicable,
and connections to same, within the street right-of-way, public easements
or other public areas.
(13)
Any related improvements that may be necessary to provide any
of the improvements required above.
(14)
Any off-tract improvements required pursuant to the provisions in §
102-59.
D. Required site improvements. All applications for site plan approval shall be required to provide any and all site improvements as necessary to comply with the provisions of this chapter, including but not necessarily limited to Articles
X and
XI.
As a condition of preliminary approval and prior to any construction
or the filing of an application for final approval of a subdivision
or site plan, the applicant shall have made cash payments or other
forms of payment acceptable to the Borough, and/or installed with
the consent of the Borough, for any required off-tract improvements.
The following provisions shall apply:
A. Determination of required improvements. The Planning Board or the
Zoning Board of Adjustment, as applicable, shall determine the nature
of off-tract improvements to be required. Such determinations shall
not be inconsistent with the Borough Master Plan circulation and utility
elements, and may include street and related improvements, water,
sewer and drainage facilities, and easements therefor.
B. Determination of total cost of improvements. The cost of installation
of the required off-tract improvements shall be determined by the
Planning Board with advice of the Borough Engineer and appropriate
Borough agencies.
C. General criteria in determining proportion of costs to be paid by
applicant. The proportion of the total cost to be paid by the applicant
for off-tract improvements shall be determined by the Board, with
the assistance of the appropriate Borough agencies, based on any or
all of the following criteria:
(1) The total cost of the off-tract improvements.
(2) The increase in market values of the property affected and any other
benefits conferred.
(3) The needs created by the application.
(4) Population and land use projections for the general area of the applicant's
property and other areas to be served by the off-tract improvements.
(5) The estimated time of construction of the off-tract improvements.
(6) The condition and periods of usefulness of the off-tract improvements,
which periods may be based upon the criteria of N.J.S.A. 40A:2-22.
(7) Any other reasonable criteria the Board feels is necessary to protect
the public health, safety and welfare.
D. Criteria in determining proportion of costs to be paid by applicant for specific improvements. In addition to and notwithstanding the provisions of Subsection
C above, the following criteria may be considered in determining the proportion of the total cost to be paid by the applicant for the following specific off-tract improvements:
(1) Proportion of costs for street pavement, curbs, sidewalks, shade
trees, streetlights, street signs, traffic lights and related improvements
and easements therefor may also be based upon the anticipated increase
of traffic generated by the development. In determining such traffic
increase, the Board may consider traffic counts, existing and projected
traffic patterns, quality of roads and sidewalks in the area and other
factors related to the need created by the development and the anticipated
benefit thereto.
(2) Proportion of costs for drainage facilities may also be based upon
the drainage conditions created by or affected by a particular development,
considering any or all of the following:
(a)
The percentage relationship between the acreage of the development
and the acreage of the total drainage basin.
(b)
The use of the site and the amount of area to be covered by
impervious surfaces on the site.
(c)
The use, condition or status of the remaining area of the drainage
basin.
(3) Proportion of costs for water supply and distribution facilities
may also be based upon the additional facilities necessitated by the
total anticipated water use requirements of the development and other
properties in the general area benefiting therefrom.
(4) Proportion of costs for sanitary sewer facilities may also be based
upon the proportion that the total anticipated volume of sewage effluent
of the development and other properties connected to the new facility
bears to the existing capacity of existing sewerage facilities. The
calculation shall include the lines and other appurtenances leading
to and servicing the development property. Consideration may also
be given to the types of effluent and particular problems requiring
special equipment or added costs for treatment. In the event that
the applicant's property shall be permitted to be connected to existing
sewer facilities, the applicant shall pay a charge or be assessed
in accordance with law.
E. Manner of implementation. After the estimated total cost of construction
and the application's proportion of the total cost has been determined,
the Borough Council shall determine whether the off-tract improvement
is to be implemented by the Borough as a general or local improvement,
or by the applicant under a formula providing for partial reimbursement
by the Borough for benefits to properties other than the subdivision
or site plan.
F. Deposit for improvements. When the manner of implementation has been
determined by the Borough Council, the applicant may be required to
provide a cash deposit or other deposit acceptable to the Borough,
in accordance with the following:
(1) If the improvement is to be constructed by the Borough as a general
improvement, the applicant shall be required to deposit an amount
equal to the difference between: a) the total cost of the improvement
and b) the estimated amount, if less than the total cost, that all
properties which are to be serviced by the improvement, including
the subject property, will be specifically benefited by the improvement.
(2) If the improvement is to be constructed by the Borough as a local improvement, the applicant shall be required to deposit an amount equal to: a) the amount specified in Subsection
F(1) above, plus b) the estimated amount that the subject property will be specifically benefited by the improvement.
(3) If the improvement is to be constructed by the applicant, the applicant
shall be required to deposit an amount equal to the estimated cost
of the improvement, less an offset for benefits to properties other
than the subject property.
G. Payment for applicant's share of the cost of improvement. The applicant's proportion of the total cost of off-tract improvements shall be paid by the applicant to the Borough Treasurer, who shall provide a suitable depository therefor, and such funds shall be used only for the off-tract improvements for which they are deposited, or for other improvements serving the same purpose. In the event that the amount of the deposit pursuant to Subsection
F. above is less than the applicant's proportion of the total cost determined pursuant to Subsections
C and
D above, then the applicant shall be required to pay said proportion. In the event that the amount of the deposit pursuant to Subsection
F. above is more than the applicant's proportion of the total cost determined pursuant to Subsections
C and
D above, then the Borough shall reimburse the applicant, or his or her successors or assigns, for the difference between the deposit and the applicant's proportion.
[Amended 12-17-01 by Ord. 2118]
H. Refund of payments for failure of Borough to make improvements. If
after a period of ten (10) years from the date of payment by an applicant
for off-tract improvements to be constructed by the Borough, construction
of such off-tract improvements has not been initiated, the Borough
shall refund any and all deposits made by the applicant for such improvements,
together with the accumulated interest or other income earned on the
deposit, if any.
I. Dispute of amount of applicant's contribution. If the applicant and
the Board cannot agree on the total cost or the applicant's proportion
of the total cost of the off-tract improvement, or on the determination
made by the officer or Board charged with the duty of making assessments
as to special benefits, and if the off-tract improvement is to be
constructed as a local improvement, no approval shall be granted for
the application. Where a developer pays the amount determined as his
or her proportion of the total cost of the improvement under protest,
he or she shall institute legal action within one (1) year of such
payment in order to preserve the right to a judicial determination
as to the fairness and reasonableness of such amount.
[Amended 12-17-01 by Ord. 2118]
J. Assessments of properties. Upon receipt from the applicant of his or her proportion of the total cost of the off-tract improvement, the Borough may adopt a local improvement assessment ordinance for the purpose of construction of the off-tract improvements based upon the actual cost thereof. Any portion of the cost of the improvements not defrayed by a deposit by the applicant may be assessed by the Borough against any property owners who benefit from the improvement. Any assessments made against the applicant or his or her successors or assigns for benefits conferred shall be first offset by a credit for the payment made by the applicant pursuant to Subsection
G. above. The applicant or his or her successors or assigns shall not be liable for any part of any assessment for such improvements unless the assessment exceeds the credit for payment previously made, and then only to the extent of the deficiency.
[Amended 12-17-01 by Ord. 2118]
K. Credit for work performed. In the event that the applicant, with the Borough's consent, decides to install and construct the off-tract improvement, or any portion thereof, the certified cost shall be treated as a credit against any future assessment for that particular off-tract improvement or portion thereof constructed by the Borough in the same manner as if the applicant had made a payment pursuant to Subsection
G. above.
L. Installation of improvements by applicant. At the option of the Borough,
and with the consent of the applicant, the Borough may enter into
a contract with the applicant providing for the construction of off-tract
improvements by the applicant upon contribution by the Borough of
the remaining unallocated portion of the cost of the off-tract improvement.
In the event that the Borough so elects to contribute to the cost
and expense of installation of the off-site improvements by the applicant,
the portion contributed by the Borough shall be subject to possible
certification and assessment as a local improvement against benefiting
property owners in the manner provided by law, if applicable.
M. Compliance with design criteria. Should the applicant and the Borough
enter into a contract for the construction and erection of the off-tract
improvement to be done by the applicant, he or she shall observe all
requirements and principles of this chapter in the design of such
improvements.
[Amended 12-17-01 by Ord. 2118]
[Amended 12-17-01 by Ord. 2118]
All improvements required by the Board, except electric, telephone,
cable television, street lighting, gas, water, and streets not under
the jurisdiction of the Borough of Somerville shall be installed under
the supervision and inspection of the Borough Engineer. Other improvements
shall be installed under the supervision and inspection of the authority
having jurisdiction over such improvements. No construction work covering
the required improvements shall be commenced without the developer
first notifying the Borough Engineer that said construction work is
about to take place. Such notice shall be given, in writing, to the
Borough Engineer at least one (1) week before the commencement of
such work. No underground improvements shall be covered until inspected
and approved by the Borough Engineer. Prior to approving any improvements,
the Borough Engineer may require appropriate certifications from the
developer's engineer or other acceptable professional that the improvements
in question comply in all details with the approved site plan, subdivision
or variance, as applicable.
[Amended 12-17-01 by Ord. 2118]
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 Borough approval is required by this chapter or any other ordinance
pursuant to the Municipal Land Use Law, such person shall be subject
to a penalty not to exceed one thousand dollars ($1,000), and each
lot disposition so made may be deemed a separate violation.
In addition to the foregoing, the Borough may institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made to such a contract of sale if a certificate of compliance has not been issued in accordance with §
102-62. 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 or her assigns or successors, 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 (2) years of the date of the recording of the instrument of transfer, sale or conveyance of said land or within six (6) years, if unrecorded.
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 a subdivision subsequent to August 1, 1973,
may apply in writing to the Board Secretary for the issuance of a
certificate certifying whether or not such subdivision has been approved
by the Board. The following provisions shall apply to the issuance
of said certificates:
A. 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.
B. The Board Secretary shall make and issue such certificate within
fifteen (15) days after the receipt of such written application and
the fees therefor.
C. Each such certificate shall be designated a "certificate as to approval
of subdivision of land", and shall certify the following:
(1) Whether there exists in the Borough a duly established Planning Board
and whether there is an ordinance controlling subdivision of land
adopted under the authority of the Municipal Land Use Law.
(2) Whether the subdivision, as it relates to the land shown in said
application, has been approved by the Planning Board and, if so, the
date of such approval and any extensions and terms thereof, showing
that subdivision of which the lands are a part is a validly existing
subdivision.
(3) Whether such subdivision, if the same has not been approved, is statutorily
exempt from the requirement of approval as provided in the Municipal
Land Use Law.
D. The Board Secretary shall charge a fee for such certificate as provided in Article
V of this chapter, which fee shall be paid by the Board Secretary to the Borough of Somerville.
E. The Board Secretary 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 or her office.
[Amended 12-17-01 by Ord. 2118]
F. 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 contained therein shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Borough pursuant to the provisions of §
102-61.
G. If the Board Secretary fails to issue the same within fifteen (15) days after receipt of an application and 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 Borough pursuant to §
102-61.
H. Any such application addressed to the Borough Clerk shall be deemed
to be addressed to the proper designated officer and the Borough shall
be bound thereby to the same extent as though the same was addressed
to the designated official.
The Board, when acting upon applications for minor site plan, minor subdivision, preliminary major site plan or preliminary major site plan approval, shall have the power to grant such exceptions from the requirements in this chapter for site plan or subdivision approval as may be reasonable and within the general purpose and intent for the provisions for site plan and subdivision review and approval, if the literal enforcement of one or more provisions of this chapter regulating site plan and subdivision applications is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question. Notwithstanding the above, there shall be no deviation from the zoning regulations, Article
XI of this chapter, authorized by this section.
If the Borough Master Plan or Official Map provides for the reservation of designated streets, public drainage ways, flood control basins, or public areas within the proposed development, the Board may require that such streets, ways, basins or areas be shown on the plat in locations and sizes suitable to their intended uses before approving the subdivision or site plan. The Board may also reserve such areas in accordance with the provisions of §
102-123.
It shall be a condition of any approval by a Borough agency
pursuant to this chapter that proof be submitted that no taxes or
assessments for local improvements are due or delinquent on the property
for which any approval is sought.
A corporation or partnership applying to the Planning Board,
Zoning Board of Adjustment or to the Borough Council, as provided
herein, for permission to subdivide a parcel of land into six (6)
or more lots, or applying for a variance to construct a multiple dwelling
of twenty-five (25) or more family units or for approval of a site
to be used for commercial purposes, shall disclose the ownership of
the corporation or partnership as follows:
A. The corporation shall list the names and addresses of all stockholders
or individual partners owning at least ten percent (10%) of its stock
of any class or at least ten percent (10%) of the interest in the
partnership, as the case may be.
B. If a corporation or partnership owns ten percent (10%) or more of
the stock of a corporation, or ten percent (10%) or greater interest
in a partnership, subject to disclosure pursuant to this section,
that corporation or partnership shall list the names and addresses
of its stockholders holding ten percent (10%) or more of its stock
or of ten percent (10%) 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 non-corporate stockholders and individual partners exceeding
the ten percent (10%) ownership criterion established in this section
have been listed.
C. The Planning Board, Zoning Board of Adjustment or Borough Council
shall not approve any application of any corporation or partnership
that does not comply with the provisions of this section.
D. Any corporation which conceals the names of the stockholders owning
ten percent (10%) or more of its stock, or of the individual partners
owning a ten percent (10%) or greater interest in the partnership,
as the case may be, shall be subject to a fine of one thousand dollars
($1,000) to ten thousand dollars ($10,000) which shall be recovered
in the name of the Borough of Somerville in any court of record in
the State in a summary manner pursuant to "The Penalty Enforcement
Law".
[Amended 12-17-01 by Ord. 2118]
Any site plan or subdivision approved by the Board pursuant
to this Article shall be binding upon the applicant and his or her
heirs, executors, successors or assigns. Any deviation from an approved
site plan or subdivision, or any failure to adhere to the conditions
of approval shall be deemed a violation of this chapter and shall
be subject to the enforcement and penalties prescribed by this chapter.