The Administrative Officer shall receive all applications for
development and issue approval certificates pursuant to N.J.S.A. 40:55D-1
et seq.
A.
Subdivisions: Any owner of land lying within the Township shall,
prior to subdividing or resubdividing of land as defined in this Article,
and before conveying legal or equitable title to such subdivision
or any part thereof, apply to the Planning Board for review and approval
of the subdivision plat pursuant to the provisions of this Article.
B.
Prior to the issuance of any construction permit for any new structure
or addition to an existing structure, a site plan shall be submitted
to the Planning Board for its review and approval with the exceptions
that (1) individual lots applications for detached one or two dwelling
unit buildings shall be exempt from such site plan review and approval;
(2) any application requiring a variance pursuant to N.J.S.A. 40:55D-70d
shall be submitted to the Zoning Board of Adjustment for its review
and approval; and (3) any other class of application exempt from site
plan approval by other sections of this Article.
[Ord. No. 2005-979 § 1]
A.
Office created. The office of Zoning Officer is hereby created. It
shall be the duty of the Zoning Officer to enforce the Township of
Branchburg Land Development Ordinance and to enforce the terms and
conditions of every resolution of the Planning Board and the Board
of Adjustment. It shall also be the duty of the Zoning Officer to
investigate any violation or alleged violation of the Township of
Branchburg Land Development Ordinance coming to the Zoning Officer's
attention.
B.
Plot plan required. The Zoning Officer shall require for every application
for development two sealed plot plans prepared by a New Jersey licensed
professional engineer or land surveyor, drawn to scale and showing
the size and location of all existing and proposed buildings, structures
and other facilities, sufficient to enable the Zoning Officer to determine
whether all zoning requirements and resolution requirements are met.
The Zoning Officer may waive the requirement for sealed plot plans
for additions, alterations or accessory structures to existing single-family
dwellings and accept a sketch prepared by the owner or applicant instead.
Where there is any question as to the site, location or any other
zoning or resolution requirement, the Zoning Officer shall require
sealed plot plans.
[Ord. No. 2005-979 § 2]
A.
Minimum standards. The rules, regulations and standards contained
in the Township of Branchburg Land Development Ordinance shall be
considered the minimum requirements for the protection of the public
health, safety and welfare of the citizens of the Township. Any action
taken by the Township shall give primary consideration to the above
mentioned matters and to the welfare of the entire community. If an
applicant can clearly demonstrate that, because of the peculiar conditions
pertaining to the land, the literal enforcement of the Township of
Branchburg Land Development Ordinance is impractical or will exact
undue hardship, the appropriate municipal agency may permit such exceptions
as may be reasonable and within the general purpose and intent of
the rules, regulations and standards established by the Township of
Branchburg Land Development Ordinance.
B.
Access for inspection. The Zoning Officer shall have the right to
enter any nonresidential building or premises during the daytime in
the course of duty after reasonable notice to the property owner or
occupant. This right of access shall not preclude entry into residential
buildings or premises, or entry at other times, or entry without notice,
under the authority of a duly issued warrant.
C.
Violations. Any person who shall cause, assist in, contribute to
or permit a violation of any requirement of the Township of Branchburg
Land Development Ordinance or a violation of the terms and conditions
of any resolution of the Planning Board or the Board of Adjustment
shall be penalized upon conviction by a fine of not less than $100
and not more than $1,500, or imprisonment for not more than 90 days,
or both. Each day during which any violation shall continue shall
be deemed a separate offense.
D.
Stop work notice. If there is any material deviation from any approved
application, plot plan, building plan or resolution, the Zoning Officer
may stop construction by posting a stop work notice at the site.
No owner, tenant or other person shall use or occupy any newly
constructed or altered building or structure without first obtaining
the applicable zoning permit or certificate of use.
A.
Zoning Permit.
1.
A zoning permit shall be required and must be obtained prior
to: using, allowing the use of or changing the use of any structure,
building, property or part thereof; and/or the issuance of a building
permit.
2.
A zoning permit shall be issued only when the Zoning Officer
is satisfied that every premises or part thereof, and the proposed
use thereof, are in conformity with provisions of this Article, or
in conformance with the provisions of a variance granted according
to law.
3.
A copy of the zoning permit shall be maintained at the subject
premises whenever construction work is being performed thereon.
B.
Certificate of Use.
1.
The certificate of use shall be required and must be obtained
before any premises or portion of premises in a commercial or industrial
zone or in a different zone by reason of being a nonconforming use,
shall be re-let, rented or sold and therefore occupied by a new tenant
or owner.
2.
The application for a certificate of use shall be accompanied
by an approved certificate of continued occupancy. Such certificate
of continued occupancy is available from the Office of Code Enforcement
and shall be issued in accordance with the relevant requirements of
the New Jersey State Uniform Construction Code.
3.
The Zoning Officer shall review and decide the application for
certificate of use with other subcode officials, as deemed necessary.
C.
Application.
1.
The owner or tenant of the premises about to be used occupied
or re- occupied shall apply to the Zoning Officer for the applicable
zoning permit or certificate of use on a form designated by the Zoning
Officer.
2.
The Zoning Officer shall approve the zoning permit or certificate
of use application within 15 days after receipt of a fully completed
application or, in the alternative, shall notify the applicant in
writing of a refusal to issue such permit and the reason(s) therefor.
3.
The Zoning Officer shall collect a fee of $25 for each zoning
permit so issued except that if the certificate of continued occupancy
is required, no additional charge shall be made for the issuance of
a zoning permit. The Zoning Officer shall collect a fee of $25 for
each certificate of use.
[Amended 9-27-2021 by Ord. No. 2021-1415]
D.
Appeal. Failure to notify the applicant of a denial of the application
within 15 days of the receipt of a completed application shall constitute
an appealable issue. The applicant may thereafter file an appeal with
the Zoning Board of Adjustment in accordance with the rules provided
therefor.
E.
Effect and revocation.
1.
A zoning permit or certificate of use, unless revoked, shall
continue in effect so long as there is no change of use of the premises.
2.
If it shall appear at any time to the Zoning Officer that the
application or accompanying plan(s) is in any material way false or
misleading; that the work being done on the premises is materially
different from that indicated in the application or may be in violation
of any provision of this Article; or that the conditions imposed by
either the Planning Board or the Board of Adjustment are not being
met within the time or in the manner required by the approving authority,
then the Zoning Officer may forthwith revoke the zoning permit or
certificate of use.
F.
Waiver. The Zoning Officer may waive plans on minor alterations not
effecting structural change.
G.
Existing Use. Upon written request from the owner, or tenant, the
Branchburg Township Zoning Officer shall issue a zoning permit for
an existing use legally in existence as of May 8, 1996, including
nonconforming uses, certifying the extent and type of use and whether
any such existing use conforms with the provisions of this Article,
and if not, specifying the nonconformity in detail.
A.
No construction permit, certificate of occupancy or sign erection
permit shall be issued by the Construction Code Official except upon
application therefor. All construction shall be in conformity with
all the provisions of this Article.
A.
Stop orders. In the event that a permittee shall fail to comply with
any condition or regulation or provisions of an approved plan, the
Construction Code Official or Zoning Officer, as the case may be,
may issue a stop order on all construction work within the area encompassed
by the approved plan and which order may include requirements for
the prompt correction of noncomplying conditions. Thereafter, no construction
work of any type shall be performed within the area of the approved
plan except such work in accordance with the requirements of the Construction
Code Official or Zoning Officer as set forth in said stop order or
in accordance with the approved plan.
B.
Permit revocation. In the event of a failure to comply with any condition
of an approved soil erosion and sediment control plan, tree removal
plan or steep slope disturbance plan, the Township may revoke any
construction permit for any property upon which such noncompliance
occurs or for any property affected by such noncompliance. The Township
may also seek to enjoin any violation or take other action for the
enforcement of the provisions of this Article.
[1]
Editor's Note: Former subsection 7-1.9, Violations and Penalties,
previously codified herein and containing portions of Ordinance No.
2001-863, was repealed in its entirety by Ordinance No. 2005-979.
[Ord. No. 2000-839 § 1; Ord. No. 2001-849 § 3;
Ord. No. 2009-1120 § 1; Ord. No. 2012-1193; Ord. No. 2012-1214]
A.
The following schedule of fees and escrow deposits for filing applications
shall be paid to the Township. Such payment shall be made in two separate
checks made payable to the Township of Branchburg and shall be submitted
to the Administrative Officer at the time of filing the application,
unless exempted as provided elsewhere in this Article.
|
Type of Application
|
Application Charge
|
Initial Deposit to Escrow Account
| ||
|---|---|---|---|---|
|
Concept plans:
|
$250
|
$500
| ||
|
1.
|
Subdivisions:
| |||
|
a)
|
Minor Plat
|
$150
|
$1,000
| |
|
b)
|
Major Preliminary Plat
|
$250 + $10 per provided a minimum $1,000 shall be deposited
|
$150 for each of lot, first 10 lots; $75 per of lot thereafter;
minimum deposit of $5,000
| |
|
c)
|
Major Final Plat
|
$200
|
$100 per lot; minimum deposit of $2,000
| |
|
2.
|
Site Plans:
| |||
|
a)
|
Minor Plans
|
$200
|
$1,000
| |
|
b)
|
Preliminary Plan
|
$250
|
$150 per acre or part or part thereof and thereof and $5 per
dwelling, provided a minimum of $2,000 shall be deposited
| |
|
c)
|
Final Plan
|
$200
|
$25 per acre or part thereof and $3 per dwelling, provided a
minimum of $2,000 shall be deposited
| |
|
3.
|
Variances:
| |||
|
a)
|
Appeals (40:55D-70a)
|
$150
|
$500*
| |
|
b)
|
Interpretation (40:55D-70b)
|
$150
|
$500*
| |
|
c)
|
"c" variance (40:55D-70c)
|
$150
|
400
| |
|
d)
|
"d" variance (40:55D-70d)
|
$250
|
$1,500
| |
|
e)
|
Conditional Use Permit (40:55D-34 & 35)
|
$150
|
$250
| |
|
4.
|
Appeals to Township Committee
|
$250
|
None required
| |
|
5.
|
Proof of nonconformity
|
$150
|
$500*
| |
|
6.
|
Certified list of property owners
|
$0.25 per name or $10 whichever is greater
|
None required
| |
|
7.
|
Copy of transcripts
|
As provided in resolution or ordinance adopted pursuant to N.J.S.A.47:1A-1
|
None required
| |
|
8.
|
Copy of minutes or decision
|
N.J.S.A. 47:1A-1
|
None required
| |
|
*Maximum escrow charge to applicant regardless of review costs.
If review costs are less, the difference will be refunded.
| ||||
|
9.
|
Wireless telecommunications applications:
| |||
|
a)
|
No tower proposed
|
$5,000
|
$2,500
| |
|
b)
|
Tower proposed
|
$10,000
|
$5,000
| |
B.
1.
The application charge is a flat fee to cover direct administrative
expenses and is nonrefundable. The escrow deposit is to cover the
costs of professional services including engineering, legal, planning
and other expenses for the review of the application and for the preparation
of required legal documents. Escrow sums not utilized in this process
shall be returned to the applicant.
2.
If additional escrow deposits are deemed necessary to cover
projected or actual deficiencies in the escrow account, the applicant
shall be notified of the required additional amounts needed and shall
add the required amounts to the escrow account within 14 days of notice.
3.
If the escrow account is not sufficient to cover the costs of
professional services, the Township Committee may by resolution authorize
a lien against the property that is the subject of the application
for the unpaid costs of professional services.
4.
If the property owner is not the applicant, the property owner
shall sign the application and acknowledge that:
5.
Statements of the escrow balance shall be available upon request
not more often than monthly at a cost of $10 per statement.
C.
Where one application for development includes several approved requests,
the sum of the individual required fees shall be paid.
D.
1.
In accordance with this subsection, each applicant for subdivision
or site plan approval shall pay all reasonable costs for professional
review of the application and for preparation of any required legal
documentation, including a mandatory Developer's Agreement, plus costs
incurred with any informal review of a concept plan which may have
preceded the submission of a preliminary application. Additionally,
each applicant shall pay all reasonable costs for the municipal inspection
and testing of the improvements during installation and/or as constructed.
2.
All costs for review and for the preparation of all required
legal documentation must be paid before any approved plat, plan or
deed is signed; all costs for inspections must be paid before any
construction permit is issued; and any remaining costs must be paid
before any occupancy of the premises is permitted or a certificate
of occupancy is issued.
E.
If an applicant desires a Court Reporter, the cost of taking testimony
and transcribing it and providing a copy of the transcript to the
Township shall be at the expense of the applicant who shall arrange
for the Reporter's attendance.
F.
The fees and escrow accounts provided for in this section shall be
required with respect to any application for development certified
as complete on or after November 9, 1987. No other fees for the services
described above in paragraph B shall be charged to the proponents
of any such application.
G.
Resubmission or extension of preliminary plat:
1.
Resubmission. 10% of the original preliminary application fee
but provided that it encompasses the same land as the original submission
and further provided that the resubmission is filed within six months
of the date of the last Planning Board action on the previous submission
or if there was no Planning Board action then within six months of
the previous submission.
2.
Extension. 10% of the original preliminary application fee for
each extension.
H.
Resubmission of final plat: 10% of the original final application
fee if it encompasses the same land as the original final subdivision
plat and provided that the resubmission is filed within three years
of the preliminary approval of the Planning Board.
I.
Certificate of approval and release of two-year maintenance bond:
$25 fee for each lot shown on plat.
J.
Special meeting: Special meetings of the Planning Board or Zoning
Board of Adjustment made at the request of any applicant or applicant's
authorized representative shall require a fee of $250 to defray the
costs of scheduling and holding such special meeting. This fee shall
be in addition to all other fees and charges heretofore or hereafter
established.
K.
Request to amend zoning map. Any person requesting a zone change
shall do so on a Zone Change Request form available in the Township
Clerk's office accompanied by a fee of $250. Any such request shall
be submitted to the Township Clerk. Attached to the request shall
be an appropriate scaled map identifying the area to be rezoned in
specific relation to the neighborhood and to the entire Township.
Zone boundary lines shall be provided for an area within 1,500 feet
of the proposed zone change area. Other information to be submitted
shall include the rationale why a zone change is requested and the
basis for the change.
L.
In the event that the Planning Board or Board of Adjustment finds
it necessary to obtain the advice or testimony of specialists or consultants
in connection with an application, such specialists or consultants
shall be compensated by the applicant as reasonably required by the
Board. Advice or testimony of such consultants shall be given at the
hearing with full right of cross examination afforded to the applicant.
A.
The obligor shall reimburse the Township for all reasonable inspection
fees paid to the Township Engineer for the foregoing inspection of
improvements; provided that the Township may require of the developer
a deposit for the inspection fees in an amount not to exceed, except
for extraordinary circumstances, the greater of $500 or 5% of the
cost of improvements, which cost shall be determined pursuant to N.J.S.A.
40:55D-53.4. For those developments for which the reasonably anticipated
fees are less than $10,000, fees may, at the option of the developer,
be added in two installments. The initial amount deposited by a developer
shall be 50% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid to the Township Engineer for inspection, the developer shall
deposit the remaining 150% of the anticipated inspection fees. For
those developments for which the reasonably anticipated fees are $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited by a developer shall be
25% of the reasonably anticipated fees. When the balance on deposit
drops to 10% of the reasonably anticipated fees because the amount
deposited by the developer has been reduced by the amount paid to
the Township Engineer for inspection, the developer shall make additional
deposits of 25% of the reasonably anticipated fees. The Township Engineer
shall not perform any inspection if sufficient funds to pay for those
inspections are not on deposit.
B.
In the event that final approval is by stages or sections of development
pursuant to N.J.S.A. 40:55D-35, the provisions of this section shall
be applied by stage or section.
C.
Inspection fees shall be submitted prior to the signing of the construction
drawings for a final site plan; prior to the signing of the final
plat for major subdivisions and prior to signing the deeds for minor
subdivisions in accordance with N.J.S.A. 40:55D-53h and 40:55D-53.1.
D.
All applicants or appellants other than a department board or agency
of the Township shall pay the applicable fees unless such fee is specifically
waived by the Township Committee. Such waivers shall only be considered
for charitable or nonprofit organizations.
A.
The fee for a zoning permit, which permit is required to be obtained
prior to the issuance of a construction permit for reconstruction,
alteration or improvement designed and undertaken solely to promote
accessibility for a disabled person to an existing residence or any
of the facilities contained therein, shall be waived for the disabled
person or for his or her parent or sibling if the disabled person
is a full-time resident at the residence for which the permit is sought.
B.
DISABLED PERSON – As used in this subsection shall mean a person
who has the total and permanent inability to engage in any substantial
gainful activity by reason of any medically determinable physical
or mental impairment, including blindness, and shall include, but
not be limited to, any person who is disabled pursuant to the Federal
Social Security Act (42 USC § 416), or the Federal Railroad
Retirement Act of 1974 (45 USC § 231 et seq.), or is rated
as having a 60% disability or higher pursuant to any federal law administered
by the United States Veterans Act. For purposes of this paragraph
"blindness" means central visual acuity of 20/200 or less in the better
eye with the use of correcting lenses. An eye which is accompanied
by a limitation in the field of vision such that the widest diameter
of the visual field subtends an angle no greater than 20° shall
be considered as having a central visual acuity of 20/200 or less.
No charitable, philanthropic, fraternal or religious nonprofit
organization holding a tax exempt status under the Federal Internal
Revenue Code of 1954 (26 USC § 501 (c) or (d)) shall be
required to pay any application or escrow fees imposed by this section.
No final plat or final site plan shall be approved by the approving
authority until all municipal improvements have been installed, inspected
and certified as approved and conforming to the requirements of this
Article and any other applicable law. No final plat or final site
plan shall be approved unless all of the conditions of preliminary
approval by the Township Engineer and the approving authority have
been complied with and a maintenance guarantee has been filed and
accepted by the Township Committee in accordance with the requirements
of this section, or their installation shall have been provided for
by a performance guarantee accepted and approved by the Township Committee
in accordance with the requirements hereof.
The performance guarantee cost estimate shall be submitted to
the approving authority by the Township Engineer as part of his report
on final plat review. The performance guarantee cost estimate shall
be based on the cost of installation of all municipal improvements
required for final approval or for the issuance of a zoning permit
as the case may be. In calculating such estimate, allowance shall
be made for the cost of any prevailing wage determined pursuant to
State and Federal law, and shall take into account improvements installed
prior to application for approval that do not meet the standards of
this Article or other regulations.
The proposed performance bond or guarantee required for final
plat approval shall be submitted to the Township Engineer and Township
Attorney for recommendations as to accuracy and form and then to the
Township Committee for approval and acceptance by resolution. The
Township Clerk shall immediately notify the approving authority and
the Township Engineer when the performance guarantee has been approved
and accepted by the Township Committee.
The total performance guarantee shall equal 120% of the performance
guarantee cost estimate and shall include a time limit for the proper
and complete installation of the improvements for which the guarantee
is given. 10% of the performance guarantee shall be in cash. The remainder
may be by certified check, surety bond or letter of credit. The surety
bond or letter of credit must be issued by a company or a bank having
an office within the State of New Jersey and must be in a form acceptable
to the Township and must include a copy of the Township Engineer's
performance guarantee cost estimate.
The portion of the performance guarantee consisting of cash
or certified check shall be deposited with the Township by payment
to the Township Treasurer who shall issue a receipt therefor.
This deposit shall be retained as security for the completion
of all required work or in the event of default on the part of the
developer, to be used by the Township to pay the costs of completing
the improvements. If the required improvements are not completed or
corrected in accordance with the performance guarantee and the standards
of the Township within the stipulated time, the obligor and surety
for any bond shall be liable thereon to the Township for the reasonable
cost of the improvements not completed or corrected; and upon authorization
by the Township Committee, the Township Attorney shall take the necessary
steps to obtain such cost from the obligor and surety. The Township
may, without prejudice to its rights against the obligor and surety,
complete such improvements either prior to or after receipt of the
proceeds of the performance guarantee.
The approving authority shall accept a performance guarantee
or maintenance guarantee which is an irrevocable letter of credit
if it:
A.
Constitutes an unconditional payment obligation of the issuer running
solely to the Township for an express initial period of time in the
amount determined pursuant to N.J.S.A. 40:55D-53i;
B.
Is issued by a banking or savings institution authorized to do and
doing business in this State;
C.
Is for a period of time at least two years; and
D.
Permits the Township to draw upon the letter of credit if the obligor
fails to furnish another letter of credit which complies with the
provisions of this section 30 days or more in advance of the expiration
date of the letter of credit or such longer period in advance thereof
as is stated in the letter of credit.
The time allowed for installation of the improvements for which
the performance guarantee has been provided may be extended by the
Township Committee by resolution. As a condition to or 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 as determined as of the time of the passage
of the resolution.
After completing the construction of the improvements covered
by the performance guarantee, the subdivider shall prepare two sets
of plans, one reproducible, of the improvements and utility plans
and the profiles amended to read "as constructed" which shall be submitted
to the Township Committee. Upon completion or substantial completion
of all required or pertinent utility improvements, and the connection
of the same to the public system, the obligor on the performance guarantee
may notify the governing body in writing, by certified mail addressed
in care of the Municipal Clerk of the completion or substantial completion
of improvements and shall send a copy thereof to the Township Engineer.
Thereupon the Township Engineer shall inspect all improvements of
which such notice has been given and shall file a detailed report,
in writing, with the Township Committee indicating either approval,
partial approval or rejection of such improvements with a statement
of reasons for any rejection. The cost of the improvements as approved
or rejected shall be set forth.
The Township Committee shall either approve, partially approve
or reject the improvements, on the basis of the report of the Township
Engineer and shall notify the obligor in writing, by certified mail,
of the content of the report and the action of the approving authority
with relation thereto, not later than 65 days after receipt of the
required notice from the obligor of the completion of the improvements.
Where partial approval is granted, the obligor shall be released from
all liability pursuant to its performance guarantee, except for that
portion adequately sufficient to secure provision of the improvements
not yet approved; provided that 30% of the amount of the total performance
guarantee may be retained to insure completion of all improvements.
Failure of the Township Committee to send or provide such notification
to the obligor within 65 days shall be deemed to constitute approval
of the improvements and the obligor and surety, if any, shall be released
from all liability pursuant to such performance guarantee for such
improvements.
If any portion of the required improvements is rejected, the
approving authority may require the obligor to complete such improvements
and, upon completion, the same procedure of notification, as set forth
in this section, shall be followed.
In the event that final approval is by stages or section of
development, the provisions of this section shall be applied by stage
or section.
To the extent that any of the improvements have been dedicated
to the Township on the subdivision plat or site plan, the Township
Committee 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 Township Engineer.
No improvement shall be accepted by the Township Committee unless
and until all the following conditions have been met:
A.
The Township Engineer shall have certified in writing that all the
improvements are complete and that they comply fully with the requirements
of this Article and of other applicable law.
B.
The subdivider shall have filed with the Township Committee a maintenance
guarantee in an amount equal to not more than 15% of the performance
guarantee cost estimate and shall run for a period of two years. The
procedures and requirements governing such maintenance guarantees
shall be identical with the procedures and requirements for a performance
guarantee set forth in this section, except that no cash payment shall
be required. The requirements for a maintenance guarantee may be waived
by the Township Committee only if the Township Engineer has certified
that the improvements have been in continuous use for not less than
two years from the date the Township Engineer certified completion
of such improvements and that during this period the subdivider has
maintained the improvements in a satisfactory manner.
C.
No maintenance guarantees shall be accepted nor shall any partial
facility be accepted for any item which has further stages or work
to be completed or which will need to be altered or reworked in any
manner due to the installation or connection of any other facility.
Electrical, gas, telephone and all other utility installations
installed by utility companies shall be subject to the inspection
requirements of the individual companies.
Certification of occupancy shall be issued only when the installation
of curbs, sidewalks, driveway aprons, utilities, functioning water
supply and sewage treatment facilities, necessary storm drainage to
insure proper drainage of the lot and surrounding land, rough grading
of lots, soil stabilization, and base course for the street and driveway
are installed to serve the lot and structure for which the certificate
is required. It is permissible that streets not receive surface course
paving until all heavy construction is completed. Shade trees shall
not be planted until all grading and earth moving is completed. Seeding
of grass areas shall be the final operation.
Inspection by the Township Engineer of the installation of improvements
shall not subject the Township to liability for claims, suits, or
liability of any kind that may arise because of defects or negligence,
it being recognized that the responsibility to provide proper utilities
and improvements and to maintain safe conditions at all times on all
parts of the tract whether construction is waiting to start, is in
progress, or is completed, is not upon the Township Engineer.
Prior to final approval of a major subdivision the applicant
shall deposit with the Township Clerk the sum of $1,500 for each mile
of proposed street in the subdivision which will require snow plowing
during the next winter. In the event the street improvements are not
accepted by November 1 of the next or any subsequent calendar year,
the applicant will deposit an additional sum of $1,500 for each subsequent
winter during which the street will need to be snow plowed. In default
of such snow plowing deposit, the final approval will expire. This
nonrefundable deposit shall constitute full payment for the municipal
snow plowing services.
[Ord. No. 2000-840 § 1; Ord. No. 2001-849 § 1]
A.
Within 90 days of the adoption of the resolution granting final subdivision
approval and prior to the execution of the final subdivision or site
plan approval and prior to the execution of the final subdivision
plat or site plan, there shall be executed and delivered to the Township
an agreement between the applicant and the Township incorporating
all of the terms and conditions of final approval. The agreement shall
be drawn by the Township and shall be executed by the applicant. Legal
fees associated with the preparation of negotiation of the agreement
shall be paid by the applicant in accordance with the fee schedule
established in subsection 7-2.1.
B.
Waiver of developer's agreement. If the resolution granting final
subdivision or site plan approval neither necessitates the construction
of nor otherwise impacts upon any off-site improvement or any improvement
to be owned by a public entity, the Township Engineer may recommend
in writing the waiver of a developer's agreement. The Township Committee,
after receiving the Township Engineer's recommendation, may by resolution
waive the requirement of a developer's agreement.
C.
Extension of developer's agreement. In the event that all of the
improvements have not been installed within the time period set forth
in the developer's agreement, the developer may request, in writing,
to the Township Committee, a one-year extension of the time in which
to complete all improvements. No more than two such extensions will
be considered unless the developer demonstrates unusual circumstances
beyond his control. Any request for an extension of the developer's
agreement shall be accompanied by an application fee of $300 to cover
the engineering and legal fees associated with the processing of the
application.
A.
Pursuant to N.J.S.A. 40:55D-42, the following standards are hereby
promulgated with respect to determining a developer's proportionate
or pro-rata share for a required off-tract improvement. Prior to the
granting of final approval of a subdivision or final site plan, the
developer shall have installed or made cash payments, in the manner
provided for below for the immediate or ultimate installation of any
required off-tract improvement.
1.
Allocation of costs. The allocation of costs for off-tract improvements
as between the developer, other property owners and the Township,
or any one or more of the foregoing, shall be determined by the Planning
Board with the assistance of the appropriate Township agencies on
the basis of the total cost of the off-tract improvements, the increase
in market values of the property affected and any other benefits conferred,
the needs created by the application, population and land use projections
for the general area of the developer's property and other areas to
be served by the off-tract improvements, the estimated time of construction
of the off-tract improvements and the condition and periods of usefulness.
The following criteria may also be considered as well as any other
reasonable criteria which would aid in said determination:
(a)
Street, curb, gutter, sidewalk, shade trees, street lights,
street signs and traffic light improvements may also be based upon
the anticipated increase of traffic generated by the application.
In determining such traffic increase, the Planning 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 application and the anticipated benefit thereto.
(b)
Drainage facilities may also be based upon or be determined
by the drainage created by or affected by any particular application
considering: (a) the percentage relationship between the acreage of
the application and the acreage of the total drainage basin; (b) the
use of a particular site and the amount of area to be covered by impervious
surfaces on the site itself; and (c) the use, condition or status
of the remaining area of the drainage basin.
2.
Improvements to be constructed at the sole expense of the developer.
In cases where there is a reasonable and necessary need for an off-tract
improvement or improvements necessitated or required by the proposed
development application and where no other property owners receive
a special benefit thereby, the Board may require the applicant, as
a condition of approval and at the developer's expense, to provide
for and construct such improvements as if such were on-tract improvements
in the manner provided hereafter and as otherwise provided by law.
3.
Other benefiting properties.
(a)
In cases where the need for any off-tract improvement is necessitated
by the proposed development and where the Board determines that properties
outside the development will also be benefited by the improvement,
the Board shall forthwith forward to the Township Committee a list
and description of all such improvements together with a request that
the Township Committee determine and advise the Board of the procedure
to be followed in the construction or installation thereof. The Board
shall act upon the development application within the prescribed time
period subject to (a) receipt of the Township Committee's determination;
or (b) until the expiration of 45 days after forwarding such list
and description to the Township Committee without such determination
having been made.
(b)
The Township Committee, within 45 days after receipt of said
list and description shall determine and advise the Board whether:
(1)
The improvement or improvements are to be constructed or installed
by the municipality:
[a]
As a general improvement, the cost of which is
to be borne at general expense (except as hereinafter otherwise provided
as to contribution thereto by the applicant); or
[b]
As a local improvement, all or part of the cost
of which is to be specially assessed against property benefited thereby
in proportion to the benefits conferred by the improvements in accordance
with law (except as hereinafter otherwise provided as to a contribution
thereto by the applicant); or
(2)
The improvement or improvements are to be constructed or installed
by the applicant under a formula for partial reimbursement as hereinafter
set forth.
(c)
If the Township Committee shall determine that the improvement
or improvements shall be constructed or installed as a general improvement
under paragraph 3(b)(i)[a], the Board shall estimate, with the aid
of the Township Engineer or such other persons as have pertinent information
or expertise, the amount, if any, by which the total cost thereof
will exceed the total amount by which all properties, including the
proposed development, will be specially benefited thereby. The developer
shall be liable to the municipality for such excess and shall pay
to the municipality said excess as hereinafter set forth. Further,
the Township Committee may adopt an ordinance authorizing and providing
for the financing of the improvement or improvements in a manner consistent
with the obligation of the developer for any excess of total cost
over total benefits conferred as set forth above.
(d)
If the Township Committee shall determine that the improvement
or improvements shall be constructed or installed as a local improvement
under paragraph 3(b)(i)[b] hereinabove, the Board shall estimate the
difference between the total cost to be incurred and the total amount
by which all properties to be benefited, including the development
property, will be specially benefited by the improvement. The developer
shall be liable to the Township, as above provided, as well as for
the amount of any special assessments against the development property
for the benefits conferred by the improvement or improvements to be
paid to the Township as hereinafter set forth. Further, the Township
Committee may adopt an ordinance authorizing and providing for the
financing of the improvement or improvements and the assessment of
benefits arising therefor in a manner consistent with the obligation
of the developer.
(e)
If the Township Committee shall determine that the improvement
or improvements are to be constructed or installed by the applicant
as a general improvement, the Board shall, in like manner, estimate
the amount of the excess of total cost over total benefits conferred
in accordance with this section and the developer shall be liable
to the Township therefor, as well as for the amount of any special
assessments against the development property for benefits conferred
by the improvement or improvements. However, the developer shall be
entitled to be reimbursed by the Township for the amount of any special
assessments against property other than the development property for
benefits conferred by the improvement or improvements. Such reimbursement
to be made if, as and when the special assessments against such other
property are received by the Township. Further, the Township Committee
may adopt an ordinance authorizing and providing for the assessment
against all property including the development property of benefits
conferred by the improvement or improvements and proceedings under
said ordinance shall be in accordance with law. However, any such
assessment against the development property shall be marked, "paid
and satisfied" in consideration of the construction or installation
of the improvement or improvements by the applicant.
4.
Payment of allocated costs.
(a)
Form. In the event that the improvement required shall be constructed
as a general or a local improvement, the estimated cost of the off-tract
improvement allocated to the applicant shall be deposited with the
Township in the form of cash. Said deposit shall be paid by the subdivider
to the Township 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 shall be refunded to the subdivider
as hereinafter set forth.
(b)
Amount.
(1)
When the manner of construction has been determined to be as
a general or a local improvement the applicant shall be required to
provide, as a condition for final approval of the subdivision or site
plan, a guarantee as hereinabove set forth to the Township of one
of the following amounts:
[a]
If the improvement is to be constructed by the
municipality as a general improvement, a cash guarantee in the amount
of the excess of the estimated cost of the improvement over the estimated
total amount by which all parties, including the development property,
will be specially benefited.
[b]
If the improvement is to be constructed by the
municipality as a local improvement, cash in the amount referred to
in the preceding subsection, plus the estimated amount by which the
development property will be specially benefited by the improvement.
(2)
When the improvement is to be constructed by the applicant either
under paragraph 2 above or under paragraph 3(b)(i)[a] above, the developer
shall be required to provide, as a condition for final approval of
the subdivision or site plan, a performance guarantee not to exceed
10% cash in an amount equal to the estimated cost of the improvement.
5.
Deposit of funds. All funds paid by an applicant pursuant to this
ordinance shall be used only for the improvements for which they are
deposited or improvements serving the same purpose.
6.
Redetermination of assessment upon completion of improvements. Upon
completion of off-tract improvements required pursuant to this ordinance,
the developer's liability hereunder shall be recalculated in accordance
with the actual as compared with the estimated cost of the improvements.
To the extent that such recalculation shall increase the amount of
any cash deposit made by the applicant hereunder, the applicant shall
forthwith pay the amount of such increase to the municipality. To
the extent that it shall decrease the amount thereof, the Township
shall refund the amount of such decrease to the applicant. In cases
where improvements are specially assessed against all benefited properties,
recalculation shall be made by the Township assessing authority in
the course of the special assessment proceedings. In other cases,
it shall be made by the Township Engineer or such other persons as
have pertinent information or expertise with respect thereto.
B.
Omissions. Omissions from the bond of any improvement will in no
way be construed as to relieve the developer from his legal obligation
to conform to the required improvements as provided for in this Article.
C.
Certification. Prior to the final acceptance of any of the required
improvements by the Township, the subdivision owner or owners shall
have submitted satisfactory affidavits certifying that no unpaid bills,
liabilities or liens against such improvements and installations are
outstanding.
