[Ord. No. 779 § 16.1001]
Pursuant to the Municipal Land Use Law, the Planning Board and
the Zoning Board of Adjustment shall have the power to review all
applications requiring site plan and/or subdivision approval under
this chapter. Certain of the respective powers of each Board may overlap
in order to expedite the review of development applications.
[Ord. No. 779 § 16.1002.1]
The subdivision review procedures specified herein shall apply
to all subdivisions as defined by this chapter.
[Ord. No. 779 § 16.1002.2]
Site plan review and approval pursuant to the procedures specified
herein shall be required for any new structure; or for the addition
to an existing structure; or for the creation of new parking spaces
or for the addition of driveways or any paving on any property or
for any change of use on any property, except that:
a.
A construction permit for a detached single family dwelling used
solely for residential purpose and its customary accessory structures
on one lot shall not require site plan review. Minor site plan approval
shall be required for home professional offices and home occupations
prior to the issuance of a construction permit.
b.
An addition, alteration or modification to an existing conforming
nonresidential or community residential building which will result
in less than 200 square feet of additional lot coverage and/or require
fewer than five additional parking spaces shall require only minor
site plan approval.
c.
Resurfacing of existing parking areas or other paved areas shall
be exempt from any site plan approval, provided that the resurfacing
results in no change to grading, drainage, lighting, the number and
orientation or parking spaces and other design details of the area
to be resurfaced.
[Ord. No. 779 § 16.1002.3]
a.
The Approving Authority shall have the power to review and approve
or deny site plans simultaneously with its review of a subdivision
involving the same site without the developer being required to make
further application or hold separate hearings.
b.
An applicant may elect to file for preliminary and final approval
simultaneously to expedite the review process, in which case the submission
requirements for final approval shall apply. Applicants seeking simultaneous
approvals do so at the peril of added expenses if changes in design
are required.
[Ord. No. 779 § 16.1002.4]
Applications for variances not involving any related site plan,
subdivision or conditional use approval shall be made to the Zoning
Board of Adjustment and shall be filed at least three weeks prior
to the meeting date. The filing shall include 15 copies of any maps
and related material; 15 copies of a completed application form and
payment of the fees required by this chapter.
[Ord. No. 779 § 16.1002.5]
a.
At the request of any applicant seeking any approval pursuant to
this chapter, the Planning Board shall grant one informal review of
the application which the applicant intends to submit, provided the
following conditions are met:
[Ord. No. 779 § 16.1002.6]
a.
The Board, when acting upon an application for any approval permitted
in this chapter, shall have the power to grant such exceptions from
the submission requirements of any application as may be reasonable
and within the general purpose and intent of the provisions for the
application review if the literal enforcement of one or more provisions
of this section is impracticable or will exact undue hardship because
of peculiar conditions pertaining to the application in question.
b.
The Planning Board may waive the requirement for site plan approval
for any change of use at any existing nonresidential structure, providing
said waiver is requested by the applicant; the existing improvements
of the site are satisfactory in the opinion of the Board, further
provided the use will not increase the required number of parking
spaces. In evaluating a request for a site plan waiver under this
subsection, the Board shall consider the existing conditions of the
subject property and the need to improve the property to bring it
into conformance with chapter requirements.
[Ord. No. 779 § 16.1002.7]
a.
The Approving Authority shall review the application, determine whether
or not the applicable standards provided in this chapter have been
observed, note objections to such parts of the plans as do not meet
the standards, make corrections and recommendations for desired changes
to effect compliance with the chapter, and be satisfied that the site
plan or subdivision represents the most desirable alternative for
development of the site in compliance with the chapter and the community
preferences of the Borough and, when satisfied that the proposed development
complies with the requirements of this chapter, shall approve the
application. In conducting its review, the Approving Authority may
consider the following objectives:
1.
The details of the development are in accord with all Federal, State,
County and Borough laws, rules, regulations and ordinances.
2.
That safety and traffic control as affected by the proposed layout
are adequate to provide proper number, width, grade, alignment and
visibility of all driveways, walkways, parking stalls, and loading
or unloading areas, to be easily accessible to emergency vehicles,
and to avoid congestion.
3.
That all recreational, parking or service areas are reasonably screened
at all seasons of the year from the view of adjacent lots and streets
and that the general landscaping of the site is in character with
the prevailing scheme of the neighborhood and sound landscape design.
4.
That the layout, location and design of the proposed buildings and
other facilities would have no adverse effect upon the adjoining properties
by impairing the established character or the potential use of properties
in the area.
5.
That provision has been made for proper drainage and sewage disposal,
and that such grading, drainage, sewer lines, retaining walls, culverts
and all structures and improvements upon the site are safe and adequately
designed.
6.
That provision has been made for solid waste disposal and storage
to prevent litter, unsightly or unsanitary conditions.
7.
That substantial trees, vegetation, stream beds and other natural
features shall be protected during construction and preserved to the
greatest extent reasonably possible.
8.
That exterior lighting is sufficient and safe, properly shielded
and not directed toward adjacent residential areas, thus preventing
unnecessary glare to adjoining properties and roads.
9.
That provision has been made, wherever possible for all utilities
including telephone, electric, water, gas and sewage to be installed
underground and their locations properly marked and recorded.
10.
That the objectives of good planning and zoning as generally
set forth in the Municipal Land Use Law are met whether or not specifically
enumerated herein.
[Ord. No. 779 § 16.1003.1]
a.
The applicant shall submit to the Administrative Officer at least
10 days prior to the next meeting of the Approving Authority: 21 copies
of each of the following: minor plat; the appropriate application(s),
which includes the application(s) for any requested variance(s) and
the applicable checklist(s) with the items of information required
therein; any protective covenants, easements and/or deed restrictions
of record applicable to the subject site; evidence of payment of all
required fees and escrow and an acknowledgment signed by the applicant
stating that the applicant is familiar with the procedure set forth
herein for submitting and acting upon minor subdivision plats and
agrees to be bound by it. The Administrative Officer shall process
the application and shall issue an application number; the number
shall appear on all papers, maps, plats or plans and other documents
for processing in conjunction with the application.
b.
Promptly after the completeness review, the application documents
shall be distributed by the Applicant to each member of the Approving
Authority, Board Attorney, Borough Planner, Board Engineer, Board
of Health, Chief of Police, Superintendent of Public Works, Chief
of the Fire Company, Shade Tree Commission, Environmental Commission
and other Borough officials and Consultants as may be designated by
the Approving Authority.
c.
It shall be the responsibility of the applicant to provide appropriate
County, State or Federal agencies with copies of the subject application.
[Ord. No. 779 § 16.1003.2]
a.
The completeness review authority shall review the application and
shall certify its completeness and its classification as a minor subdivision
to the Approving Authority.
b.
The Approving Authority shall review the minor site plan or subdivision
application and shall either approve or deny the application within
45 days of the date the application is certified as complete or within
such further time as may be consented to by the applicant. Failure
of the Approving Authority to act within the prescribed time period
shall constitute approval of the application, provided that any such
application that involves variance relief pursuant to N.J.S.A. 40:55D-60
or 40:55D-70d shall be acted upon within 120 days or within such further
time as may be consented to by the applicant. If approved, approval
shall be deemed to be final approval of the application.
c.
Prior to any action by the Approving Authority, all reports and comments
submitted by the Borough Planner, Board Engineer, other Borough officials,
agencies and consultants, and other governmental agencies shall be
entered into the record of the proceedings on the subject application.
d.
The Approving Authority shall review the application for minor site
plan or minor subdivision in accordance with the applicable provisions
of this chapter and the Municipal Land Use Law.
e.
When a minor subdivision is approved by the Approving Authority,
a notation to that effect, including the date of approval, shall be
made on at least 10 prints of the plat, which plat has been revised
to include all conditions embodied in the resolution of approval,
and any related deed descriptions and restrictions to be filed with
the County recording officer shall be signed by the Board Engineer
and the Chairman and Secretary of the Approving Authority. No further
approval of the application shall be required and the Secretary of
the Board, within 10 days of the date of approval, shall notify the
applicant of the Board's action, and shall forward to both the applicant
and the Construction Code Enforcement Official a copy of the resolution
of approval.
f.
Approval of any application by an Approving Authority may be conditioned
on the satisfaction of any item(s) deemed appropriate by the Approving
Authority, including approvals required of other governmental agencies.
g.
When a minor subdivision or minor site plan is disapproved by the
Approving Authority, the Secretary, within 10 days of such action,
shall notify the applicant of such disapproval. Additionally, the
Secretary shall forward to the applicant a copy of the resolution
of denial, within 10 days of its adoption by the Approving Authority,
setting forth the reasons for the disapproval.
h.
Within 190 days from the date of approval by the Approving Authority
of a minor subdivision or minor site plan, a plat map drawn in compliance
with the Map Filing Act, N.J.S.A. 46:29-9.9 et seq. or deed description,
properly drafted and signed by the Chairman, Secretary and Board Engineer
shall be filed by the applicant with the county recording officer.
Unless filed within 190 days, the approval shall expire and will require
Borough approval as in the first instance.
i.
Before the Secretary returns any approved minor site plan or minor
subdivision to the applicant, the applicant shall provide additional
copies of the plat or plan as may be necessary in order to furnish
copies to each of the following: the Borough Clerk, Board Engineer,
Tax Assessor, Board of Health, Fire Company, Police Department and
other Borough, County, State or Federal officials as prescribed by
the Board.
[Ord. No. 779 § 16.1003.3]
The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which a minor subdivision or minor
site plan approval was granted shall not be changed for a period of
two years after the date of the approval. The Approving Authority
may grant an extension of the approval, providing the extension does
not exceed one year in duration.
[Ord. No. 779 § 1003.3]
a.
Each minor plan or minor plat shall be prepared by a qualified professional
pursuant to N.J.S.A. 13:41-4.1 et seq. and licensed to practice in
the State of New Jersey and shall bear the signature, seal, license
number and telephone number of the professional(s) provided, however,
that all data and information unique to a particular profession shall
be signed and sealed by an individual licensed to practice in the
profession.
b.
Each submission shall be drawn at an appropriate scale not less than
one inch equals 50 feet and shall be submitted on one of four of the
following standard sheet sizes (8-1/2" x 13"; 15" x 21"; 24" x 36";
or 30" x 42"). All plan sheets shall be stapled together and folded
into quarters or eighths with the title block revealed.
c.
Each minor plat or plan shall show the following information as applicable
to a minor subdivision or minor site plan, unless waived by the Planning
Board or Zoning Board of Adjustment.
1.
Title block in accordance with the rules governing title blocks for
professional engineers (N.J.S.A. 45:8-36), including:
(a)
Name of subdivision or development, Borough of Haworth and Bergen
County with each sheet specifically titled with appropriately descriptive
words;
(b)
Name, title, address and telephone number of subdivider or developer;
(c)
Name, title, address and license number of the professional
or professionals who prepared the plat or plan;
(d)
Name, title, address and signature line for the owner or owners
of record;
(e)
North arrow and written and graphic scale; and
(f)
Date of original drawing and a list of specific revisions and
dates.
2.
A key map showing the entire tract and its relation to the surrounding
area, at a scale of one inch equals not more than 500 feet;
3.
Certification that the applicant is the owner of the land or his
properly authorized agent, or that the owner has given his consent
under an option agreement. If the applicant is a corporation or a
partnership, the names and addresses of all partners, or the names
and addresses of all stockholders owning 10% or more of any class
of stock of the corporation;
4.
Acreage figures (both with and without areas within public rights-of-way);
6.
Existing block and lot number(s) of the lot(s) to be subdivided or
developed as they appear on the Borough Tax Map, and proposed block
and lot numbers as provided by the Borough Tax Assessor;
7.
Tract boundary line in heavy solid line;
8.
The location of existing and proposed property lines (with related
lot areas, dimensions and legal descriptions), streets, structures
(with their numerical dimensions and an indication as to whether existing
structures will be retained or removed), parking spaces, loading areas;
recycling and trash dumpster areas, driveways, watercourses, railroads,
bridges, culverts, drain pipes, any natural features such as treed
areas, both within the tract and within 100 feet of its boundary;
9.
The location and width of all existing and proposed utility easements,
the use(s) for which they are intended to be limited, and the manner
in which the easements will be controlled;
10.
Zoning districts affecting the tract, including district names
and all area and bulk requirements, with a comparison to the proposed
development; and all dimensions and other site data needed to insure
conformity with this chapter; and a photocopy of the applicable portion
of the Schedule of Limitations indicating the proposed use is permitted
in the zone in which it is located;
11.
Proposed buffer and landscaped areas;
12.
Delineation of flood plains, including both floodway and flood
fringe areas; and delineation of all wetlands and wetland buffer areas;
13.
Contours as shown on the U.S.G.S. topographic sheets;
14.
The names of all adjacent property owners as they appear on
the most recent tax list prepared by the Borough Tax Assessor; and
15.
In the case of minor subdivision, existing and proposed monuments.
d.
Together with the foregoing map or plat, the applicant shall supply
to the Board the following information:
1.
Certification from the Borough Tax Collector that all taxes and assessments
are paid to date;
2.
Completed application to the Bergen County Planning Board, if required;
3.
Completed copies of applications made to any other governmental agency
with jurisdiction over the application, except that any approvals
or other actions required of the Borough Council must be secured and
presented in writing with any minor site plan or minor subdivision
application;
4.
Proposals for soil erosion and sediment control as required by N.J.S.A.
4-24-39 et seq.;
5.
Plans of proposed improvements and utility layouts including sewers,
storm drains and water lines, and feasible connections to gas, telephone
and electrical utility systems with appropriate documentation by an
existing utility company stating that service will be available before
occupancy and will be sufficient for the proposed development. Additionally,
letters from the appropriate County and State agencies granting approval
for the extension of utility service(s) under their respective jurisdiction
shall be submitted with the application;
6.
A completed and signed application form, and proof of payment of
all application and escrow fees;
7.
Floor plans and architectural elevations, if applicable, prepared
by a registered architect of the State of New Jersey in sufficient
detail to accurately illustrate the extent and nature of the proposed
development; and
8.
For any site with existing buildings or other significant structural
development, a photograph of the site from each street from which
the site will have access.
e.
No minor subdivision or minor site plan involving any street(s),
additional right-of-way width as specified in the Master Plan or Official
Map or street requirement of this chapter shall be approved unless
such additional right-of-way, either along one or both sides of the
streets, as applicable, shall be granted to the Borough or other appropriate
governmental agency.
f.
Deed descriptions (including metes and bounds), easements, covenants,
restrictions and roadway dedications shall be submitted to the Board
for approval and required signatures prior to filing with the County
recording officer.
g.
The Board may request additional information of any applicant seeking
minor site plan or subdivision approval if the information is deemed
necessary by the Board to make an informed decision on the application.
The information may include, but not be limited to, an environmental
impact statement, traffic and pedestrian impact statement, parking
study and community or fiscal impact statement. The request for such
additional information shall not be grounds to deem any application
incomplete.
[Ord. No. 779 § 16.1004.1]
a.
The applicant shall submit to the Administrative Officer at least
four weeks prior to the meeting: 18 copies of each of the following:
preliminary plats or preliminary plat; the appropriate application(s),
which includes the application(s) for any requested variance(s) and
the applicable checklist(s) with the items of information required
therein; any protective covenants, easements and/or deed restrictions
of record applying to the subject site; evidence of payment of the
required fee; and an acknowledgment signed by the applicant stating
that the applicant is familiar with the procedure set forth herein
for submitting and acting upon preliminary major site plans and preliminary
major subdivisions and agrees to be bound by it. The Administrative
Officer shall process the application and shall issue an application
number; the number shall appear on all papers, maps, plats or plans
and other documents submitted for processing in conjunction with the
application.
b.
Promptly after the completeness review, the application documentation
shall be distributed by the Administrative Officer to each member
of the Approving Authority, Board Attorney, Borough Planner, Borough
Engineer, Board of Health, Chief of Police, Superintendent of Public
Works, Chief of the Fire Company, Shade Tree Commission, Environmental
Commission, Recreation Commission and other Borough officials and
consultants as may be designated by the Approving Authority.
c.
It shall be the responsibility of the applicant to provide appropriate
County, State or Federal agencies with copies of the subject application.
d.
All application and escrow fees shall be paid at the time of application.
[Ord. No. 779 § 16.1004.2]
a.
The completeness review authority shall review the application and
shall certify its completeness to the Approving Authority.
b.
The Approving Authority shall review applications for preliminary
site plan approval involving 10 acres of land or less and 10 dwelling
units or less and/or preliminary major subdivision approval involving
10 lots or less and shall grant or deny the application within 45
days after the application is certified complete or within such further
time as may be consented to by the applicant. Failure of the Approving
Authority to act within the prescribed time period shall constitute
approval of the application, provided that any preliminary site plan
or preliminary major subdivision application which includes any requested
variance relief pursuant to N.J.S.A. 40:55D-60 or N.J.S.A. 40-55D-70d
shall be acted upon within 120 days or within such further time as
may be consented to by the applicant.
c.
The Approving Authority shall review applications for preliminary
site plan approval involving more than 10 acres of land or more than
10 dwellings and/or a preliminary major subdivision approval involving
more than 10 lots and shall grant or deny the application within 95
days after the application has been certified complete or within such
further time as may be consented to by the applicant. Failure of the
Approving Authority to act within the prescribed time period shall
constitute approval of the application, provided that any preliminary
site plan or preliminary major subdivision application which includes
any requested variance relief pursuant to N.J.S.A. 40:55D-60 or N.J.S.A.
40-55D-70d shall be acted upon within 120 days or within such further
time as may be consented to by the applicant.
d.
Prior to any action by the Approving Authority, all reports and comments
submitted by the Borough Planner, Borough Engineer, other Borough
agencies and consultants, and other governmental agencies shall be
entered into the record of the proceedings on the subject application.
e.
All hearings held on applications for preliminary site plan approval
and/or preliminary major subdivision approval shall require public
notice of the hearing. The Board shall set the date, time and place
for the public hearing and shall inform the applicant thereof at least
14 days prior to the hearing date. Notice of the hearing shall be
given by the applicant to all property owners within 200 feet of the
proposed site as shown on the Borough tax maps. Should lands within
200 feet be within another Municipality, notice shall also be given
to the Municipality. All such notices shall be provided by the applicant
at least 10 days prior to the date of the hearing.
f.
After scheduling the application for a public hearing, the Administrative
Officer shall publish notice thereof in a newspaper circulated in
the Borough at least 10 days prior to the hearing date.
g.
If the Board acts favorably on the preliminary site plan or major
subdivision, the Board Engineer and the Chairman and Secretary of
the Board shall affix their signatures to at least 10 copies of the
plan or plat with the notification that it has been approved. The
applicant shall furnish the copies to the Board.
h.
Should minor revisions or additions to the site plan or plat be deemed
necessary, the Approving Authority may grant preliminary approval
subject to specified conditions and receipt of revised plans within
30 days from the date of approval. Should substantial revisions be
deemed necessary, the Approving Authority shall require that an amended
plat or plan be submitted and acted upon as in the case of the original
application.
i.
If the Approving Authority, after consideration and discussion of
the preliminary plat or plan, determines that it is unacceptable,
a notation shall be made by the Chairman of the Board to that effect
on the plan or plat and a resolution adopted setting forth the reasons
for such rejection. One copy of the site plan or plat and the resolution
shall be returned to the applicant within 10 days of the adoption
of the resolution.
[Ord. No. 779 § 16.1004.3]
a.
Preliminary approval shall confer upon the applicant the following
rights for a three year period from the date of the preliminary approval:
1.
That the general terms and conditions on which preliminary approval
was granted shall not be changed including, but not limited to, use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; and 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 Borough
from modifying, by ordinance, such general terms and conditions of
preliminary approval as may be related to public health and safety;
2.
That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or a section or
sections of the preliminary plan, as the case may be;
3.
That the applicant may apply for, and the Approving Authority may
grant, extensions of 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 shall govern; and
4.
In the case of a subdivision or of a site plan for an area 50 acres
or more, the Approving Authority may grant the rights referred to
in this section for such period of time, longer than three years,
as shall be determined by the Approving Authority 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 and the Approving Authority may
thereafter grant an extension to preliminary approval for such additional
period of time, as shall be determined by the Approving Authority
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
shall govern.
[Ord. No. 779 § 16.1004]
a.
Each preliminary site plan or preliminary major subdivision plat
shall be prepared by a qualified professional pursuant to N.J.S.A.
13:41-4.1 et seq. and licensed to practice in the State of New Jersey
and shall bear the signature, seal, license number and telephone number
of the professional(s) provided, however, that all data and information
unique to a particular profession shall be signed and sealed by an
individual licensed to practice in the profession.
b.
Each submission shall be drawn at an appropriate scale not less than
one inch equals 50 feet and not more than one inch equals 10 feet
and shall be submitted on one of the following standard sheet sizes:
8-1/2" x 13"; 15" x 21"; 24" x 36"; 30" x 42". All plan sheets shall
be stapled together and folded into quarters or eighths with the title
block revealed.
c.
Each preliminary plan or plat shall show the following information
as applicable to a site plan or subdivision, unless waived by the
Planning Board or Zoning Board of Adjustment.
1.
Title block in accordance with the rules governing title blocks for
professional engineers (N.J.S.A. 45:8-36), and/or title sheet, including:
(a)
Name of development, Borough of Haworth, County of Bergen, with
each sheet specifically titled with appropriately descriptive words;
(b)
Name, title, address and telephone number of applicant;
(c)
Name, title, address and license number of the professional
or professionals who prepared the plat or plan;
(d)
Name, title, address and signature lines for the owner or owners
of record;
(e)
North arrow and written and graphic scale;
(f)
Date of original drawing and a list of specific revisions and
dates;
2.
A key map showing the entire tract and its relation to the surrounding
areas within 300 feet, at a scale of one inch equals not more than
500 feet;
3.
Certification that the applicant is the owner of the land or his
properly authorized agent, or that the owner has given his consent
under an option agreement. If the applicant is a corporation or a
partnership, the names and addresses of all partners, or the names
and addresses of all stockholders owning 10% or more of any class
of stock of the corporation;
4.
Acreage to the nearest tenth of an acre (both with and without areas
within public rights-of-way);
6.
Existing block and lot number(s) of the lot(s) to be subdivided or
developed as they appear on the Borough Tax Map; proposed block and
lot numbers as provided by the Borough Tax Assessor upon written request;
and identification of the property in question by street address;
7.
The names and lot and block numbers of all property owners within
200 feet of the extreme limits of the tract as shown on the most recent
tax list prepared by the Borough Tax Assessor;
8.
Tract boundary line in heavy solid line;
9.
The location of any existing and proposed property lines (with their
related lot areas, dimensions and legal descriptions), streets, watercourses,
railroads, bridges, culverts, drain pipes, and similar improvements;
10.
Zoning districts affecting the tract, including district names
and all area and bulk requirements, with a comparison to the proposed
development; and all dimensions and other site data needed to insure
conformity with the provisions of this chapter;
11.
All existing and proposed wooded and landscaped areas and proposed
buffering and screening, identifying all trees over four inches in
diameter, except that where trees are in mass, only the limits thereof
need be shown. A landscaping plan shall be prepared and shall include
details as to the size, number, location, and type of vegetation and
method of planting to be used;
12.
The location and delineation of natural features such as floodplains
including both flood way and flood fringe areas, wetlands and wetland
buffer areas, and slopes over 15%, both within the tracts, and within
100 feet of its boundary;
13.
All existing and proposed water courses shall be shown and accompanied
by the following information:
(a)
When a stream is proposed for alteration, improvement or relocation,
or where a drainage structure or fill is proposed over, under, in
or along a running stream, a report on the status of review by the
State Department of Environmental Protection and Energy, Division
of Water Resources, shall accompany the submission;
(b)
Cross-sections of water courses and/or drainage swales at an
appropriate scale showing the extent of the flood plain, top of bank,
normal water levels and bottom elevations at the locations required
by the Borough Engineer;
(c)
The location and extent of drainage and conservation easements
and stream encroachment lines; and
(d)
The location and type of adequate drainage provisions to reasonably
reduce and minimize exposure to flood damage;
14.
Existing and proposed contours, both on the site and within
100 feet of its boundaries with intervals of one foot where slopes
are less than 10%; and with intervals of five feet where slopes exceed
10%. All contour information shall refer to a known datum. Existing
contours shall be shown as a dashed line; finished grades shall be
shown as a solid line. Slopes 15% or more in grade shall be shaded;
15.
Proposals for soil erosion and sediment control in accordance
with specifications required for Bergen County Soil Conservation District
certification;
16.
The location of all existing structures, both within the tract
and within 100 feet of its boundary, with an indication of existing
and proposed front, rear and side yard setback distances and whether
the existing structures and uses will be retained or removed;
17.
Size, height and location of all proposed structures including,
but not limited to, signs, fences and lighting facilities, and of
all proposed buildings, including loading areas and recycling and
trash dumpster areas;
18.
The proposed location, direction of illumination, power, type
of proposed outdoor lighting and foot-candle limits, including details
of lighting poles, shielding and light fixtures;
19.
The location and design of any off-street parking area, showing
size and location of bays, aisles and barriers, curbing and paving
specifications;
20.
All means of vehicular access and egress to and from the site
onto public streets, showing the site and the location of driveways,
curb cuts, and depressed curbs, including the possible utilization
of traffic signals, channelization, acceleration and deceleration
lanes, sight triangles, additional width and other proposed devices
necessary to promote a safe traffic circulation pattern;
21.
The location of existing utility structures such as water and
sewer mains, utility structures, gas transmission lines and high tension
power lines on the tract and within 200 feet of its boundaries;
22.
Plans of proposed improvements and utility layouts including
sewers, storm drains and water lines, and feasible connections to
gas, telephone and electrical utility systems. Plans of proposed sanitary
sewer facilities shall be drawn or reproduced at a scale of one inch
to 50 feet. Profiles shall be drawn at a scale of one inch to 50 feet
horizontally and one inch to five feet vertically. If service will
be provided, appropriate documentation by an existing utility company,
stating that service will be available before occupancy and will be
sufficient for the proposed development;
23.
Plans, typical cross sections and construction details, horizontal
and vertical alignments of the centerline of all proposed streets
and of all existing streets abutting the tract. The vertical alignments
shall be based on U.S.G.S. vertical datum or a more specific datum
supplied by the Borough Engineer. Appropriate information shall be
provided on all curbing, sidewalks, street paving, storm drains, drainage
structures for all proposed and existing streets contiguous to and
within 200 feet of the tract. Sight triangles, the radius of curblines
and street sign locations shall be clearly indicated at the intersections;
24.
The location and width of all existing and proposed utility
easements, the use(s) for which they are intended to be limited;
25.
The proposed permanent monuments shall be shown, in accordance
with the Map Filing Law, N.J.S.A. 46:23-9.9;
26.
Floor plans and architectural elevations, if applicable, prepared
by a registered architect of the State of New Jersey in sufficient
detail to accurately illustrate the extent and nature of the proposed
development; and
27.
All existing covenants, easements and deed restrictions of record
applying to the subject site.
d.
The application shall include plans and computations for any storm
drainage system, including the following, as may be required by the
Board Engineer:
1.
All existing or proposed storm sewer lines within or adjacent to
the tract showing size and slope of the lines, direction of flow and
the location of each catch basin, inlet, manhole, culvert and headwall.
2.
A map drawn to scale showing the contributing area to each inlet
or cross drain.
3.
Pertinent runoff calculations and structural computations, sufficient
to meet the drainage and zero runoff increase specified by the Borough
Engineer and the design standards of this chapter.
e.
Additionally, letters from the appropriate County and State agencies
granting approval for the extension of utility service(s) under their
respective jurisdiction shall be submitted with the application.
f.
Any protective covenants or deed restrictions applying to the land
being developed shall be submitted with the application and/or indicated
on the submitted plat or plan.
g.
The applicant shall contemporaneously provide a certification from
the Borough Tax Collector that all taxes and assessments are paid
to date;
h.
The applicant shall contemporaneously provide a completed and signed
application form(s) and proof of payment of all application and escrow
fees;
i.
For any site with existing buildings or other significant structural
development, a photograph of the site from each street to which the
site will have access shall be provided by the applicant.
j.
The Approving Authority may request additional information of any
applicant seeking site plan or major subdivision approval if the information
is deemed necessary by the Approving Authority to make an informed
decision on the application. The information may include, but not
be limited to an environmental impact statement, traffic and pedestrian
impact statement, parking studies, community or fiscal impact statement.
The request for such additional information shall not be grounds to
deem any application incomplete.
[Ord. No. 779 § 16.1005.1]
a.
A final site plan or final plat shall be submitted to the Administrative
Officer within three years after the date of preliminary approval
or any authorized extension thereof as permitted by this chapter.
The final site plan or plat shall be submitted at least three weeks
prior to the meeting and shall include 21 copies of each of the following:
final site plan or final major subdivision plat; appropriate application(s),
which includes the applications for any requested variance(s) and
the applicable checklist(s) with the items of information required
therein; evidence of payment of all revised fees and escrows; and
an acknowledgment signed by the applicant stating that the applicant
is familiar with the procedure set forth herein for submitting and
acting upon final subdivision plats and final major site plans, and
agrees to be bound by it. The Administrative Officer shall process
the application and shall issue an application number; the number
shall appear on all papers, maps, plans or plats and other documents
submitted in conjunction with the application.
b.
Promptly after the completeness review, the application documents
shall be distributed by the Applicant to each member of the Approving
Authority, Board Attorney, Borough Planner, Board Engineer, Board
of Health, Chief of Police, Superintendent of Public Works, Chief
of the Fire Company, Shade Tree Commission, Environmental Commission
and other Borough Officials and Consultants as may be designated by
the Approving Authority.
c.
It shall be the responsibility of the applicant to provide appropriate
County, State or Federal agencies with copies of the subject application.
d.
All application and escrow fees shall be paid at the time of application.
[Ord. No. 779 § 16.1005.2]
a.
The completeness review authority shall review the application and
shall certify its completeness to the Approving Authority.
b.
The Approving Authority shall review applications for final site
plan approval and final subdivision approval and shall grant or deny
the application within 45 days after the application has been certified
complete or within such further time as may be consented to by the
applicant. Failure of the Approving Authority to act within the prescribed
time period shall constitute approval of the application.
c.
Prior to any action by the Board, all reports and comments submitted
by the Borough Planner, Planning Board Engineer, and other Borough
agencies and consultants, and other governmental agencies, shall be
entered into the record of the proceedings on the subject application.
d.
The Board shall not approve an application for a final major site
plan or final major subdivision unless the application meets all conditions
of the previously granted preliminary approval and other requirements
as may be imposed by this chapter.
e.
The final site plan or plat shall be accompanied by a statement by
the Planning Board Engineer that the final plat properly shows the
exact location and elevation for all utilities, installed or to be
installed, and that the developer has complied with one or both of
the following:
1.
Installed all improvements in accordance with the requirements of
these regulations and the requirements of the Board of Health, or
2.
A performance guarantee, approved as to form by the Borough Attorney,
has been posted with the Borough of Haworth in the amount equal to
the Planning Board Engineer's estimate of the cost of completion of
construction of all improvements.
f.
If the Approving Authority acts favorably on the final site plan
or plat, the Borough Engineer and the Chairman and Secretary of the
Approving Authority shall affix their signatures to at least eight
copies of the plan or plat with the notification that it has been
approved. The applicant shall furnish such copies to the Approving
Authority for signature. In the case of final subdivisions only, the
applicant shall include for signature one cloth copy and at least
two mylar copies of the approved plat in addition to the 10 paper
copies.
g.
After approval of the final site plan or plat by the Approving Authority,
the Secretary shall retain one copy of the signed site plan or plat
and shall furnish other copies to each of the following within 10
days from the date of the adoption of a resolution: Borough Clerk,
Planning Board Engineer, Construction Code Official, Borough Tax Assessor
and Board of Health.
h.
Within 95 days of the date of approval by the Approving Authority
of a final subdivision plat, the applicant shall file a copy of same
with the Bergen County Clerk. In the event of failure to file within
95 days, the approval of the major subdivision shall expire and any
further proceedings shall require the filing of a new application
as in the first instance. The Approving Authority, for good cause
shown, may extend the time for filing for an additional 95 days.
i.
If the Approving Authority, after consideration and discussion of
the final site plan or plat, disapproves the submission, a notation
to that effect shall be made by the Chairman on the plan or plat.
The Secretary, within 10 days of such disapproval, shall notify the
applicant of such disapproval and forward to the applicant a copy
of the plan and adopted resolution setting forth the reasons for the
disapproval.
[Ord. No. 779 § 16.1005.3]
a.
Final approval of a subdivision or site plan shall confer upon the
applicant the following rights for a period of two years from the
date of final approval:
1.
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer, whether
conditionally or otherwise, shall not be changed.
2.
If the developer has followed the standards prescribed for final
approval, the Approving Authority may extend the period of protection
for extensions of one year, but not to exceed three extensions.
In the case of a subdivision or site plan for a planned development
of 50 acres or more, conventional subdivision or site plan of 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 this subsection for such period of time,
longer than two years, as shall be determined by the Board to be reasonable
taking into consideration the number of dwelling units and nonresidential
floor area permissible under final approval; economic conditions;
and the comprehensiveness of the development.
The applicant may thereafter apply for, and the Approving Authority
may thereafter grant, an extension to final approval for such additional
period of time as shall be determined by the Approving Authority to
be reasonable taking into consideration the number of dwelling units
and nonresidential floor area permissible under final approval; the
number of dwelling units and non-residential floor area remaining
to be developed; economic conditions; and the comprehensiveness of
the development.
[Ord. No. 779 § 16.1005]
Each application for final site plan approval and/or final major
subdivision approval shall provide the following:
b.
All additional details required at the time of preliminary approval,
including a copy of the resolution of approval by the Approving Authority.
c.
A section or staging plan, if proposed, indicating the portion of
the tract to be considered for final approval as part of the current
application and the relationship of the portion of the tract to the
remaining land area, including all applicable comparisons such as
parking spaces, building coverage, lot coverage, open space areas
and number of lots.
d.
Detailed architectural and engineering data including:
1.
An architect's rendering of each building and sign or a typical building
and sign showing front, side and rear elevations.
2.
Final cross sections, plans, profiles and established grades of all
streets, aisles, lanes and driveways, and construction documents (plans
and specifications or reference to specifications) for all public
improvements.
3.
Final plans and profiles of all storm and sanitary sewers and water
mains.
4.
All dimensions of the exterior boundaries of any subdivision shall
be balanced and closed to a precision of one to 5,000 and the dimensions
of all lot lines to within one to 10,000. All dimensions, angles and
bearings must be tied to at least two permanent monuments not less
than 300 feet apart and all information shall be indicated on the
plat. At least one corner of the subdivision shall be tied horizontally
to the New Jersey State Grid Coordinate System and vertically to the
U.S. Geodetic Survey System, with the data on the plat as to how the
bearings were determined.
5.
Copies of any covenants or easements affecting the development.
6.
Upon completion of the installation of all utilities, the applicant
also shall provide the Borough Engineer and the Board with four copies
of "as built" plans showing the installed location of all utilities.
[Ord. No. 2018-03]
a.
Before filing of final subdivision plats or recording of minor subdivision
deeds or as a condition of final site plan approval or as a condition
to the issuance of a zoning permit pursuant to subsection d of Section
52 of P.L. 1975, c. 291 (C.40:55D-65), or as a condition of approval
of a permit update under the State Uniform Construction Code for the
purpose of updating the name and address of the owner of property
on a construction permit, the Borough shall require and shall accept
in accordance with the standards set forth hereinbelow and regulations
adopted pursuant to Section 1 of P.L. 1999, c. 68 (C. 40:55D-53a)
for the purpose of assuring the installation and maintenance of certain
on-tract improvements, the furnishing of a performance guarantee,
and provision for a maintenance guarantee as set forth in this section.
1.
The developer shall furnish a performance guarantee in favor of the
Borough in an amount not to exceed 120% of the cost of installation
of only those improvements required by an approval or developer's
agreement, ordinance, or regulation to be dedicated to a public entity,
and that have not yet been installed, which cost shall be determined
by the Borough Engineer, according to the method of calculation set
forth in Section 15 of P.L. 1991, c. 256 (C. 40:55D-53.4), for the
following improvements as shown on the approved plans or plat:
(a)
Streets.
(b)
Pavement.
(c)
Gutters.
(d)
Curbs.
(e)
Sidewalks.
(f)
Street lighting.
(g)
Street trees.
(h)
Surveyor's monuments, as shown on the final map and required
by "the map filing law," P.L. 1960, c. 141 (C. 46:23-9.9 et seq.;
repealed by Section 2 of P.L. 2011, C. 217) or N.J.S.A. 46:26B-1 through
N.J.S.A. 46:26B-8.
(i)
Water mains.
(j)
Sanitary sewers.
(k)
Community septic systems.
(l)
Drainage structures.
(m)
Public improvements of open space; and
(n)
Any grading necessitated by the preceding improvements.
2.
The developer shall also furnish a performance guarantee to include,
within an approved phase or section of a development, privately-owned
perimeter buffer landscaping, as required by the Borough Code or imposed
as a condition of approval. At a developer's option, a separate performance
guarantee may be posted for the privately-held perimeter buffer landscaping.
3.
The Borough Engineer shall prepare an itemized cost estimate of the
improvements covered by the performance guarantee, which itemized
cost estimate shall be appended to each performance guarantee posted
by the obligor.
[Ord. No. 2018-03]
a.
The developer shall also furnish to the Borough a "safety and stabilization
guarantee" in favor of the Borough. At the developer's option, a "safety
and stabilization guarantee" may be furnished either as a separate
guarantee or as a line item of the performance guarantee. A "safety
and stabilization guarantee" shall be available to the Borough solely
for the purpose of returning property that has been disturbed to a
safe and stable condition or otherwise implementing measures to protect
the public from access to an unsafe or unstable condition, only in
the circumstance that:
1.
Site disturbance has commenced and, thereafter, all work on the development
has ceased for a period of at least 60 consecutive days following
such commencement for reasons other than force majeure, and
2.
Work has not recommenced within 30 days following the provision of
written notice by the Borough to the developer of the Borough's intent
to claim payment under the guarantee.
3.
The Borough shall not provide notice of its intent to claim payment
under a "safety and stabilization guarantee" until a period of at
least 60 days has elapsed during which all work on the development
has ceased for reasons other than force majeure. The Borough shall
provide written notice to the developer by certified mail or other
form of delivery providing evidence of receipt.
4.
The amount of a "safety and stabilization guarantee" for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000.
5.
The amount of a "safety and stabilization bond guarantee" for a development
with bonded improvements exceeding $100,000 shall be calculated as
a percentage of the bonded improvement costs of the development or
phase of development as follows:
6.
The Borough shall release a separate "safety and stabilization guarantee"
to a developer upon the developer's furnishing of a performance guarantee
which includes a line item for safety and stabilization in the amount
required under this paragraph.
7.
The Borough shall release a "safety and stabilization guarantee"
upon the Borough Engineer's determination that the development of
the project site has reached a point that the improvements installed
are adequate to avoid any potential threat to public safety.
[Ord. No. 2018-03]
a.
In the event that the developer shall seek a temporary certificate
of occupancy for a development, unit, lot, building, or phase of development,
as a condition of the issuance thereof, the developer shall furnish
a separate guarantee, referred to herein as a "temporary certificate
of occupancy guarantee," in favor of the Borough in an amount equal
to 120% of the cost of installation of only those improvements or
items which remain to be completed or installed under the terms of
the temporary certificate of occupancy and which are required to be
installed or completed as a condition precedent to the issuance of
the permanent certificate of occupancy for the development, unit,
lot, building or phase of development and which are not covered by
an existing performance guarantee. Upon posting of a "temporary certificate
of occupancy guarantee," all sums remaining under a performance guarantee
previously furnished by the developer which relate to the development,
unit, lot, building, or phase of development for which the temporary
certificate of occupancy is sought, shall be released. The scope and
amount of the "temporary certificate of occupancy guarantee" shall
be determined by the Borough Engineer. The "temporary certificate
of occupancy guarantee" shall be released by the Borough Engineer
upon the issuance of a permanent certificate of occupancy with regard
to the development, unit, lot, building, or phase as to which the
temporary certificate of occupancy relates.
[Ord. No. 2018-03]
a.
Prior to the release of a performance guarantee required pursuant
to this Section, the developer shall post with the Borough a maintenance
guarantee in an amount not to exceed 15% of the cost of the installation
of the improvements which are being released.
1.
The developer shall post with the Borough, upon the inspection and
issuance of final approval of the following private site improvements
by the Borough Engineer, a maintenance guarantee in an amount not
to exceed 15% of the cost of the installation of the following private
site improvements, which cost shall be determined according to the
method of calculation set forth in section 15 of P.L.1991, c.256 (C.40:55D-53.4):
2.
The term of the maintenance guarantee shall be for a period not to
exceed two years and shall automatically expire at the end of the
established term.
[Ord. No. 2018-03]
a.
In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed or the improvements
are covered by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the Borough for such utilities or improvements.
[Ord. No. 2018-03]
a.
The time allowed for installation of the bonded improvements for
which the performance guarantee has been provided may be extended
by the Governing Body by resolution. As a condition or as part of
any such extension, the amount of any performance guarantee shall
be increased or reduced, as the case may be, to an amount not to exceed
120% of the cost of the installation, which cost shall be determined
by the Borough Engineer according to the method of calculation set
forth in section 15 of P.L. 1991, c. 256 (C. 40:55D-53.4) as of the
time of the passage of the resolution.
b.
If the required bonded improvements are not completed or corrected
in accordance with the performance guarantee, the obligor and surety,
if any, shall be liable thereon to the Borough for the reasonable
cost of the improvements not completed or corrected, and the Borough
may either prior to or after the receipt of the proceeds thereof complete
such improvements. Such completion or correction of improvements shall
be subject to the public bidding requirements of the "Local Public
Contracts Law," P.L. 1971, c. 198 (C. 40A:11-1 et seq.).
c.
Upon substantial completion of all required street improvements (except
for the top course) and appurtenant utility improvements, and the
connection of same to the public system, the obligor may request of
the Governing Body in writing, by certified mail addressed in care
of the Borough Clerk, that the Borough Engineer prepare, in accordance
with the itemized cost estimate prepared by the Borough Engineer and
appended to the performance guarantee pursuant to this section, a
list of all uncompleted or unsatisfactory completed bonded improvements.
If such a request is made, the obligor shall send a copy of the request
to the Borough Engineer. The request shall indicate which bonded improvements
have been completed and which bonded improvements remain uncompleted
in the judgment of the obligor. Thereupon the Borough Engineer shall
inspect all bonded improvements covered by 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.
1.
The list prepared by the Borough Engineer shall state, in detail,
with respect to each bonded improvement determined to be incomplete
or unsatisfactory, the nature and extent of the incompleteness of
each incomplete improvement or the nature and extent of, and remedy
for, the unsatisfactory state of each completed bonded improvement
determined to be unsatisfactory. The report prepared by the Borough
Engineer shall identify each bonded improvement determined to be complete
and satisfactory together with a recommendation as to the amount of
reduction to be made in the performance guarantee relating to the
completed and satisfactory bonded improvement, in accordance with
the itemized cost estimate prepared by the Borough Engineer and appended
to the performance guarantee pursuant to paragraph a of this section.
2.
The Governing Body, by resolution, shall either approve the bonded
improvements determined to be complete and satisfactory by the Borough
Engineer, or reject any or all of these bonded improvements upon the
establishment in the resolution of cause for rejection, and shall
approve and authorize the amount of reduction to be made in the performance
guarantee relating to the improvements accepted, in accordance with
the itemized cost estimate prepared by the Borough Engineer and appended
to the performance guarantee pursuant to this section. This resolution
shall be adopted not later than 45 days after receipt of the list
and report prepared by the Borough Engineer. Upon adoption of the
resolution by the Governing Body, the obligor shall be released from
all liability pursuant to its performance guarantee with respect to
those approved bonded improvements, except for that portion adequately
sufficient to secure completion or correction of the improvements
not yet approved; provided that 30% of the amount of the total performance
guarantee and "safety and stabilization guarantee" posted may be retained
to ensure completion and acceptability of all improvements. The "safety
and stabilization guarantee" shall be reduced by the same percentage
as the performance guarantee is being reduced at the time of each
performance guarantee reduction.
3.
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bond improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to subsection a of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70 percent of the total amount of the performance guarantee, then the Borough may retain 30 percent of the amount of the total performance guarantee and "safety and stabilization guarantee" to ensure completion and acceptability of all bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a "temporary certificate of occupancy guarantee" has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the Borough below 30 percent.
4.
If the Borough Engineer fails to send or provide the list and report
as requested by the obligor pursuant to this section within 45 days
from receipt of the request, the obligor may apply to the court in
a summary manner for an order compelling the Borough Engineer to provide
the list and report within a stated time and the cost of applying
to the court, including reasonable attorney's fees, may be awarded
to the prevailing party.
5.
If the Governing Body fails to approve or reject the bonded improvements
determined by the Borough Engineer to be complete and satisfactory
or reduce the performance guarantee for the complete and satisfactory
improvements within 45 days from the receipt of the Borough Engineer's
list and report, the obligor may apply to the court in a summary manner
for an order compelling, within a stated time, approval of the complete
and satisfactory improvements and approval of a reduction in the performance
guarantee for the approvable complete and satisfactory improvements
in accordance with the itemized cost estimate prepared by the Borough
Engineer and appended to the performance guarantee pursuant to this
section; and the cost of applying to the court, including reasonable
attorney's fees, may be awarded to the prevailing party.
6.
In the event that the obligor has made a cash deposit with the Borough
or approving authority as part of the performance guarantee, then
any partial reduction granted in the performance guarantee pursuant
to this subsection shall be applied to the cash deposit in the same
proportion as the original cash deposit bears to the full amount of
the performance guarantee, provided that if the developer has furnished
a "safety and stabilization guarantee," the Borough may retain cash
equal to the amount of the remaining "safety and stabilization guarantee."
d.
If any portion of the required bonded improvements is rejected, the
approving authority may require the obligor to complete or correct
such improvements and, upon completion or correction, the same procedure
of notification, as set forth in this section shall be followed.
e.
Nothing herein shall be construed to limit the right of the obligor
to contest by legal proceedings any determination of the Governing
Body or the Borough Engineer.
[Ord. No. 2018-03]
a.
The obligor shall reimburse the Borough for reasonable inspection
fees paid to the Borough Engineer for the foregoing inspection of
improvements; which fees shall not exceed the sum of the amounts set
forth hereinbelow. The Borough shall require the developer to post
the inspection fees in escrow in an amount:
1.
Not to exceed, except for extraordinary circumstances, the greater
of $500 or, except for extraordinary circumstances, the greater of
$500 or 5% of the cost of bonded improvements that are subject to
a performance guarantee under this section; and
2.
Not to exceed 5% of the cost of private site improvements that are
not subject to a performance guarantee under this section, which cost
shall be determined pursuant to Section 15 of P.L. 1991, c. 256 (C.
40:55D-53.4).
b.
For those developments for which the inspection fees total less than
$10,000, fees may, at the option of the developer, be paid in two
installments. The initial amount deposited in escrow by a developer
shall be 50% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Borough Engineer
for inspections, the developer shall deposit the remaining 50% of
the inspection fees.
c.
For those developments for which the inspection fees are total $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited in escrow by a developer
shall be 25% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Borough Engineer
for inspection, the developer shall make additional deposits of 25%
of the inspection fees.
d.
If the Borough determines that the amount in escrow for the payment
of inspection fees, as calculated hereinabove, is insufficient to
cover the cost of additional required inspections, the developer shall
deposit additional funds in escrow. In such instance, the Borough
shall deliver to the developer a written inspection escrow deposit
request, signed by the Borough Engineer, which informs the developer
of the need for additional inspections, details the items or undertakings
that require inspection, estimates the time required for those inspections,
and estimates the cost of performing those inspections.
[Ord. No. 2018-03]
In the event that final approval is by stages or sections of
development pursuant to subsection a of Section 29 of P.L.1975, c.291
(C.40:55D-38), the provisions of this Section shall be applied by
stage or section.
[Ord. No. 2018-03]
To the extent that any of the improvements have been dedicated
to the Borough on the subdivision plat or site plan, the governing
body shall be deemed, upon the release of any performance guarantee
required pursuant to this section, to accept dedication for public
use of streets or roads and any other improvements made thereon according
to site plans and subdivision plats approved by the approving authority,
provided that such improvements have been inspected and have received
final approval by the Borough Engineer.
