[Ord. 12/14/76, Art. I]
This chapter shall be known and may be cited as "The Land Development
Regulations" of the Borough of South Bound Brook, Somerset County,
New Jersey.
[Ord. 12/14/76, Art. II]
The purpose of this chapter shall be to provide rules, regulations,
and standards to guide land subdivisions and site plan review in the
Borough in accordance with the Municipal Land Use Law, Chapter 291,
Laws of New Jersey 1975.
[Ord. 12/14/76, Art. III]
Any applicant for local municipal approval under this chapter
shall submit, in writing, proof that no taxes or assessments for local
improvements are due or delinquent on the property for which any subdivision,
site plan, or planned development is made prior to the application
being heard by the approving authority.
[Ord. 12/14/76, Art. IV]
The approving authority may require a developer, as a condition
for approval of a subdivision or site plan, to pay his pro-rata share
of the cost of providing only reasonable and necessary street improvements
and water, sewerage and drainage facilities, and easements therefor,
located outside the property limits of the subdivision or development
that are necessitated or required by construction or improvements
within such subdivision or development. The approving authority shall
base its determinations regarding proportionate or pro-rata shares
to be paid by an owner or developer on the circulation and comprehensive
utility service plans pursuant to the Municipal Land Use Law, subsections
19b(4) and 19b(5). Any such determination shall be made after a full
hearing and after consideration of time and cost factors as well as
the affect of the proposed improvements on adjoining properties.
[Ord. 12/14/76, Art. V]
For the purpose of this chapter, unless the context clearly
indicates a different meaning, all definitions are those enumerated
in the Municipal Land Use Law, Ch. 291, Laws of New Jersey 1975.
[Ord. 12/14/76, Art. VI; Ord. 2/8/77, § 1]
The Planning Board is designated as the "Approving Authority"
and the Construction Official is hereby designated as the "Administrative
Officer" for the purposes of this chapter. The Planning Board is designated
as the "Approving Authority" under this chapter. The approving authority
shall have the power to review and approve or deny conditional uses
or site plans simultaneously with a review for subdivision approval
without the developer being required to make further application or
the approving authority being required to hold further hearings. The
longest time period for action by the approving authority, whether
it be for subdivision, conditional use or site plan approval, shall
apply. Whenever approval of a conditional use is requested by the
developer in conjunction with a site plan or subdivision, notice of
the hearing on the plat shall include reference to the request for
such conditional use.
[Ord. 12/14/76, Art. VII]
a.
An informal submission is optional. Any person may appear at a regular
meeting of the approving authority for informal discussion with reference
to an informally prepared plat of sufficient accuracy to be used for
purpose of discussion. The purpose of such a discussion will be to
review overall development concepts in order to assist the applicant
in the preparation of subsequent plans. No decision will be made and
no formal action taken on an informal discussion.
b.
All sketch plats containing proposals and/or designs for drainage,
streets and development layouts are for discussion and classification.
The data included on an informal submission of a site plan shall include
sufficient basic data to enable the approving authority and the applicant
to comment upon design concepts such as building location, ingress
and egress, parking, major natural features that will have to be recognized
or may influence certain design criteria, and the applicant's
basic intent for water, sewerage, and storm drainage facilities. Informal
submissions are sketches to scale of possible plan(s) for the development
of an area. They are not binding on the Borough or upon the developer
and do not necessitate accurate engineered drawings.
[Ord. 12/14/76, Art. VIII]
If an informal discussion has not been held on a proposal as
outlined above, a sketch plat submission is recommended for a major
site plan or major subdivision. Whether or not an informal discussion
was held on a minor site plan, minor subdivision or planned development
a sketch plat is required in order to record in the public record
the planned classification and to take final action on the application.
[Ord. 12/14/76, Art. VIII; Ord. 2/8/77, § 1]
The developer shall file with the administrative officer at
least two weeks prior to the meeting of the approving authority, 12
black and white copies of the sketch plat, four completed copies of
the application form, two completed copies of the sketch plat check
list, two completed copies of the County Planning Board application
form, five copies of covenants, deed restrictions and easements, three
copies of deeds for any lands offered to the Borough, and the applicable
fee.
[Ord. 12/14/76, Art. VIII]
a.
The approving authority shall review the submission for its completeness
and take action on accepting or rejecting the submission as a complete
application no later than its first regular meeting following the
two week review period. If incomplete, the material shall be returned
to the developer for a resubmission at least two weeks prior to a
subsequent meeting. If complete, the approving authority shall classify
the application as a minor or major development and shall approve,
approve with conditions, or deny the application within 45 days of
the date of submission to the administrative officer or such further
time as may be consented to by the applicant. The decision shall be
in writing and shall be sent to the applicant and published in a newspaper
of general circulation in the community.
b.
Whenever review or approval of the application by the County Planning
Board is required but not yet received, the Borough approving authority
in taking action shall grant conditional approval pending County approval.
c.
Before any approved sketch plat of a major subdivision or site plan
or any approved final plat of a minor subdivision or site plan is
returned to the developer, the administrative officer shall have sufficient
signed copies of the plat (and deed if a deed is also prepared) to
forward a copy to each of the following retaining one copy for the
approving authority's file:
d.
Approval of a minor subdivision shall expire 190 days from the date
of Borough approval unless within such period a plat in conformity
with such approval, including any conditions imposed by the approving
authority, and in conformity with the provisions of the "Map Filing
Law," P.L. 1960, C.141 (46:23-9.9 et seq.), or a deed clearly describing
the approved minor subdivision is filed by the developer with the
County Recording Officer, the Borough Engineer and the Borough Tax
Assessor. Any such plat or deed accepted for such filing shall have
been signed by the Chairman and Secretary of the approving authority
(or the Vice Chairman or Assistant Secretary in their absence, respectively).
In reviewing the application for development for a proposed minor
subdivision the approving authority may accept a plat not in conformity
with the "Map Filing Act," P.L. 1960, C.141 (46:23-9.9 et seq.), provided
that if the developer chooses to file the minor subdivision as provided
herein by plat rather than deed such plat shall conform with the provisions
of the Act.
In accordance with N.J.S.A. 40:55D-54, the County Recording
Officer shall notify the approving authority of the filing of any
plat within seven days of the filing.
The zoning requirements and general terms and conditions whether
conditional or otherwise, upon which minor subdivision approval was
granted, shall not be changed for a period of two years after the
date of minor subdivision approval, provided that the approved minor
subdivision shall have been duly recorded.
e.
When the approving authority determines that any proposed development
may create, either directly or indirectly, an adverse effect on either
the remainder of the property being developed or nearby property,
the approving authority may require the developer to revise the plat.
Where the remaining portion of the original tract is of sufficient
size to be developed or subdivided further, the developer may be required
to submit a sketch plat of the entire remaining portion of the tract
or indicate to submit a sketch plat of the entire remaining portion
of the tract to indicate a feasible plan whereby the design of the
proposed development together with subsequent subdivisions or development
will not create, impose, aggravate, or lead to any such adverse effect(s).
f.
If classified as a major development and either approved or approved
with conditions as a major development or approved as a minor development,
a notation to that effect including the date of the approving authority's
action shall be made on all copies of the plat and shall be signed
by the Chairman and Secretary of the approving authority (or the Vice
Chairman or Assistant Secretary in their absence, respectively), except
that the minor plat shall not be signed until all conditions are incorporated
on the plat. All conditions on minor developments shall be complied
with within 90 days of the meeting at which conditional approval was
granted, otherwise the conditional approval shall lapse. If classified
as a major development, sketch plat modifications are not required.
Any conditions shall be incorporated on the preliminary plat.
[Ord. 12/14/76, Art. IX]
Preliminary plats are required for all major site plans and
major subdivisions.
[Ord. 12/14/76, Art. IX,
§ 1]
Any developer shall submit to the administrative officer at
least two weeks prior to the meeting of the approving authority, 16
black on white copies of the preliminary plat; four completed copies
of the application form for preliminary approval; two completed copies
of the preliminary plat check list; two completed copies of the County
Planning Board application form; five copies of any protective covenants,
deed restrictions and easements, applying to the land being developed;
and the application fee.
[Ord. 12/14/76, Art. IX,
§ 2]
a.
The approving authority shall review the submission for its completeness
and take action on accepting or rejecting the submission as a complete
application. If rejected, the applicant shall be notified within 45
days of submission. If accepted as an application, a public hearing
date shall be set and notice given as required State Law (Ch. 291,
Laws of New Jersey 1975).
b.
Upon submission of a plat and before approval of a plat, the administrative
officer shall submit one copy of the plat and supporting data to the
County Planning Board, Township Engineer, Environmental Commission,
and any other agency or person as directed by the approving authority
for their review and action. Each shall have 30 days from receipt
of the plat to report to the approving authority. In the event of
disapproval, such report shall state the reasons therefor. If any
agency or person fails to report to the approving authority within
the 30 day period, the plat shall be deemed to have been approved
by them. Upon mutual agreement between the County Planning Board and
the approving authority, with approval of the applicant, the 30 day
period for a County Planning Board report may be extended for an additional
30 days and any extension shall so extend the time within which the
approving authority is required to act.
c.
If submission is accepted as a subdivision, the approving authority
shall grant or deny preliminary approval of a subdivision of 10 or
fewer lots within 45 days of the date of such submission or within
such further time as may be consented to by the developer. Upon the
submission of a complete application for a subdivision of more than
10 lots, the approving authority shall grant or deny preliminary approval
within 95 days of the date of such submission or within such further
time as may be consented to by the developer. Otherwise, the approving
authority shall be deemed to have granted preliminary approval to
the subdivision.
d.
If the submission is accepted as a site plan, the approving authority
shall grant or deny preliminary site plan approval within the following
time periods unless some further time has been consented to by the
developer.
1.
A site plan for 10 acres of land or less: within 45 days of the date
of submission.
2.
A site plan of more than 10 acres of land: within 95 days of the
date of submission.
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Before any action is taken on any preliminary site plan containing
more than 10 acres or for a site plan containing a flood hazard area,
the approving authority shall conduct a public hearing as established
in this chapter. Action may be taken on a preliminary site plan for
10 acres of land or less without a public hearing unless, in the opinion
of the approving authority, the proposed use, proposed intensity of
development, location of the tract, traffic conditions, or environmental
concerns for a property of 10 acres or less are of sufficient concern
that the approving authority desires to receive the public's
comments. Where a public hearing is scheduled for a site plan, no
action shall be taken until completion of the public hearing and the
scheduling and notifications for the hearing shall be in accordance
with this chapter.
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e.
If the approving authority required any substantial amendment in
the layout of improvements in either a site plan or subdivision as
proposed by the developer and that plan has been the subject of a
hearing, an amended application for development shall be submitted
and proceeded upon, as in the case of the original application for
development. The approving authority shall, if the proposed development
complies with this chapter, grant preliminary approval.
f.
The approving authority may approve, disapprove, or approve with
conditions the application. Such action shall not take place until
after any required public hearing has been conducted. The decision
shall be in writing and shall be sent to the applicant and published
in a newspaper of general circulation in the Borough. If the approving
authority grants preliminary approval, its Chairman and Secretary
and Borough Engineer shall sign each page of the plat indicating the
approval. If the plat is conditionally approved, it shall not be signed
until all conditions are complied with. If all conditions are not
complied with within 180 days from the date of the meeting at which
a plat was conditionally approved, the conditional approval shall
lapse.
1.
The general terms and conditions on which preliminary approval was
granted shall not be changed, including but not limited to use requirements,
layout and design standards for streets, curbs and sidewalks, lot
size, yard dimensions and off-tract improvements, 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 related to
public health and safety.
2.
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 plat; and
3.
The applicant may apply for and the approving authority may grant
extensions on such preliminary approval for additional periods of
at least one year but not to exceed a total extension of two years,
provided that if the design standards have been revised by ordinance,
such revised standards may govern.
4.
In the case of a development for an area of 50 acres or more, the
approving authority may grant the rights referred to in paragraphs
a, b and c above for such period of time, longer than three years,
as shall be determined by the approving authority to be reasonable
taking into consideration:
(a)
The number of dwelling units and nonresidential floor area permissible
under preliminary approval;
(b)
The potential number of dwelling units and nonresidential floor
area of the section(s) awaiting final approval;
(c)
Economic conditions; and
(d)
The comprehensiveness of the development; provided that if the
design standards have been revised, such revised standards may govern.
[Ord. 12/14/76, Art. X,
§ 1]
a.
The developer shall file with the administrative officer at least
two weeks prior to the meeting of the approving authority one mylar,
two cloth and 10 black on white paper prints of the plat and four
completed copies of the application form for final approval, four
completed copies of the final plat check list, two completed copies
of the County Planning Board application form, the performance guarantee
including off-tract improvements, if any, any maintenance guarantees,
and the applicable fee.
b.
Letters directed to the Chairman of the approving authority and signed
by a responsible officer of the water company, sewer authority and
gas, telephone and electric utility that has jurisdiction in the area
approving each proposed utility installation design and stating who
will construct the facility.
c.
An indication by the applicant as to whether all taxes are paid to
date on the property.
d.
The final plat shall be accompanied by a statement by the Borough
Engineer that he is in receipt of a map showing all utilities and
other improvements (both in the development and off tract improvements)
in exact location and elevation, that he has examined the drainage
erosion, storm water control, and excavation plans and found that
the interests of the Borough and of nearby properties are fully protected
and identifying those portions of any improvements already installed
and that the developer has either:
1.
Installed all improvements in accordance with the requirements of
this chapter and the preliminary plat approval with a maintenance
guarantee accompanying the final plat; or
2.
Posted a performance guarantee in accordance with this chapter and
the preliminary plat approval for all partially completed improvements
or improvements not yet initiated.
[Ord. 12/14/76, Art. X,
§ 2]
a.
The approving authority shall grant final approval if the detailed
drawings, specifications, and estimates of the application for final
approval conform to the standards established by ordinance for final
approval, the conditions of preliminary approval, and in the case
of a major subdivision, the standards prescribed by the "Map Filing
Law" 46:23-9.9 et seq., provided that in the case of a planned development
the approving authority may permit minimal deviations from the conditions
beyond the control of the developer since the date of preliminary
approval without the developer being required to submit another application
for development for preliminary approval.
b.
Final approval shall be granted or denied within 45 days after submission
of a complete application to the administrative officer, or within
such further time as may be consented to by the applicant. An approved
final plat shall be signed by the Chairman and Secretary of the approving
authority (or the Vice Chairman or Assistant Secretary in their absence,
respectively). Failure of the approving authority to act within the
period prescribed shall constitute final approval and a certificate
of the administrative officer as to the failure of the approving authority
to act shall be issued on request of the application, and it shall
be sufficient in lieu of the written endorsement or other evidence
of approval herein required, and shall be so accepted by the County
Recording Officer for purposes of filing subdivision plats.
c.
Whenever review or approval of the application by the County Planning
Board is required by 40:27-6.3 or 40:27-6.6, the Borough approving
authority shall condition any approval that it grants upon timely
receipt of a favorable report on the application by the County Planning
Board or approval by the County Planning Board by its failure to report
thereon within the required time period.
d.
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer pursuant
to the Municipal Land Use Law, whether conditionally or otherwise,
shall not be changed for a period of two years after the date of final
approval. If the developer has followed the standards prescribed for
final approval, the approving authority may extend such period of
protection for extensions of one year, but not to exceed three extensions.
Upon granting of final approval, the rights conferred upon the applicant
by the granting of preliminary approval shall be terminated upon final
approval.
e.
In the case of a subdivision or site plan of 150 acres or more, the
approving authority may grant the rights referred to in the above
paragraph d for such period of time, longer than two years as shall
be determined by the approving authority to be reasonable taking into
consideration:
1.
The number of dwelling units and nonresidential floor area permissible
under final approval;
2.
Economic conditions; and
3.
The comprehensiveness of the development.
The developer may apply for thereafter, and the approving authority
may thereafter grant an extension of final approval for such additional
period of time as shall be determined by the approving authority to
be reasonable taking into consideration:
4.
The number of dwelling units and nonresidential floor area permissible
under final approval;
5.
The number of dwelling units and nonresidential floor area remaining
to be developed;
6.
Economic conditions; and
7.
The comprehensiveness of the development.
f.
Upon final approval, the applicant shall provide:
1.
Three sets of final plans and one signed linen and one mylar of the
final plan to the Borough Engineer.
2.
One mylar and opaque linen copies to the County Clerk per law.
3.
One linen to the Borough Clerk.
4.
One signed paper print to the Planning Board, Building Inspector,
Tax Assessor, County Planning Board and such other Borough, County,
or State officials or other individuals as directed by the Board.
5.
One set of final plans to the approving authority.
g.
Final approval of a major subdivision shall expire 95 days from the
date of signing of the plat unless within such period the plat shall
have been duly filed by the developer with the County Recording Officer.
The approving authority may for good cause shown extend the period
for recording for an additional period not to exceed 190 days from
the date of signing of the plat. No subdivision plat shall be accepted
for filing by the County Recording Officer until it has been approved
by the approving authority as indicated on the instrument by the signature
of the Chairman and Secretary of the Approving Authority or a certificate
has been issued as to the failure of the approving authority to act
within the required time. The signatures of the Chairman and Secretary
shall not be affixed until the developer has posted the required guarantees.
If the County Recording Officer records any plat without such approval,
such recording shall be deemed null and void, and upon request of
the Borough, the plat shall be expunged from the official records.
It shall be the duty of the County Recording Officer to notify the
approving authority in writing within seven days of the filing of
any plat, identifying such instrument by its title, date of filing,
and official number.
[Ord. 12/14/76, Art. XI,
§ 1]
No development application shall be accepted unless submitted in plat form and no plat shall be accepted for consideration unless it conforms to the following requirements as to form, content and accompanying information, and complies with the provisions of N.J.S.A. 46:23-1 et seq. (Map Filing Law), as amended. All plats shall be drawn by a land surveyor as required by law, licensed to practice in the State of New Jersey, and shall bear the signature, seal, license number and address of the land surveyor except that plats submitted under the "Informal Discussion" provisions of Section 31-7 and sketch plats of minor subdivisions and minor site plans are exempt from this requirement. All drawings of improvements shall be signed and sealed by a licensed Professional Engineer of the State of New Jersey.
[Ord. 12/14/76, Art. XI,
§ 2]
A sketch plat shall be clearly and legibly drawn at an accurate
scale of not less than one (1") inch equals one hundred (100')
feet in order to include the entire tract on one sheet and shall be
based on a certified boundary survey. Plats shall be presented on
sheet(s) of one of the following dimensions:
Thirty by forty-two (30" x 42") inches, twenty-four by thirty-six (24" x 36") inches, eighteen by twenty-four (18" x 24" inches, fifteen by twenty-one (15" x 21") inches, twelve by eighteen (12" x 18") inches, nine by twelve (9" x 12") inches or eight and one-half by thirteen (8 1/2" x 13") inches. The plat shall be designed in compliance with the provisions of Section 31-7 and shall include a key map with North arrow showing the entire subdivision and its relation to surrounding areas at a scale of not less than one (1") inch equals one thousand (1,000') feet, together with the following information:
a.
The boundary and acreage of the original tract measured to the nearest
0.01 of an acre; the number, acreage and configuration of all lots
being created; the area of each lot correct to 0.1 of an acre, all
existing and proposed lot lines correct to one (1') foot.
b.
All existing buildings and structures and their use(s), with the
shortest distance from existing building(s) to any proposed or existing
lot line, and wooded areas, rock out-crops, streams, lakes, drainage
rights-of-way and streets within the limits of the tract(s) being
subdivided and within two hundred (200') feet thereof, including
the location, width and direction of flow of all streams, brooks,
drainage structures and drainage rights-of-way. Any existing features
to be removed or relocated shall be indicated. Flood hazard area lines
and wetlands and swamps within the tract shall be shown, as well as
contours at sufficient intervals to determine the general surface
drainage.
c.
The existing and proposed rights-of-way, with dimensions of all easements,
sight triangles and all streets within the premises and within two
hundred (200') feet thereof, together with existing driveways,
street names and the purpose of any easement. The type of street surface
material and existing utilities within two hundred (200') feet
of the tract shall be shown, including at least one street intersection,
using the foreshortened tie distance when same is remote from the
property in question.
d.
The Tax Map sheet, block and lot number for the tract and all adjacent
lots; the name of the owner and all adjoining property owners as disclosed
by the most recent Borough tax records; date, title, graphic scale,
North arrow and space for the subdivision application number; Zoning
district(s), and if the property lies in more than one Zoning district,
the plat shall indicate all the Zoning district lines; and the name,
address, phone number and signature of the owner, subdivider and person
preparing the plat.
e.
When on-lot water and/or on-lot sewage disposal are proposed, the
plat shall be accompanied by the results of percolation tests. A minimum
of two percolation tests shall have been located on each proposed
septic tank and appropriate additional locations in the leaching field
and shall be approved by the Board of Health. The percolation tests
shall include all required data, including but not limited to the
date of the tests, the location of each test shown on the plat, soil
log at least ten (10') feet below finished grade, groundwater
level, the rate of percolation, the weather conditions prevailing
at the time of the test(s) as well as for the preceding 48 hours,
and the layout and grades for the proposed septic field. The tests
shall be performed at applicant's expense. Each proposed lot
shall show the location of the proposed individual water supply and
its location relative to the sewage disposal system.
[Ord. 12/14/76, Art. XI,
§ 3]
The preliminary plat shall be titled as such and shall be clearly and legibly drawn by a licensed New Jersey engineer and/or land surveyor and shall be based on a certified boundary survey by a licensed New Jersey land surveyor, at a scale of not less than one (1") inch equals fifty (50') feet, and shall include a key map with North arrow showing the entire subdivision and its relation to surrounding areas at a scale of not less than one (1") inch equals one thousand (1,000') feet. Plats shall be presented on sheets of one of the following dimensions: thirty by forty-two (30" x 42") inches, twenty-four by thirty-six (24" x 36") inches, eighteen by twenty-four (18" x 24") inches, fifteen by twenty-one (15" x 21") inches, twelve by eighteen (12" x 18") inches, nine by twelve (9" x 12") inches or eight and one-half by thirteen (8 1/2" x 13") inches. If more than one sheet is required to show the entire subdivision, a separate composite map shall be drawn showing the entire subdivision and the sheets on which the various sections are shown, and each detail sheet shall include a key map showing its relation to the whole tract. The plat shall consist of as many separate maps as are necessary to properly evaluate the site and the proposed work. The plat shall be designed in compliance with the provisions of Section 31-7 and shall show or be accompanied by the following information:
a.
A title containing the name of the subdivision; the name of the Borough,
County and State; Tax Map sheet, block and lot number; date of preparation
and most recent revision; North arrow; written and graphic scales;
the names, addresses, phone numbers and signatures of the owner, subdivider
and person(s) who prepared the plat(s) including the seal of the latter;
the names of all property owners within two hundred (200') feet
of the extreme limits of the subdivision; and space for the subdivision
application number.
b.
The boundary and acreage of the original tract measured to the nearest
0.01 of an acre; the number, acreage and configuration of all lots
being created; the area of each lot correct to 0.1 of an acre; all
existing and proposed lot lines correct to one (1') foot.
c.
A map showing existing and proposed elevations and contour lines
over the entire area of the proposed subdivision together with watercourses
and an indication of the final disposal of the surface waters. All
elevations shall be related to two permanent bench marks identified
on the plan. Contours shall be shown at not more than two (2')
foot intervals for areas with less than a 10% slope, five (5')
foot intervals for areas with ten to twenty (10% — 20%) percent
slopes, and ten or twenty (10' — 20') foot intervals
for areas with slopes in excess of 20%. For tracts containing slopes
in more than one category, the subdivider shall show contour lines
at the most restrictive interval throughout the tract unless specifically
waived by the approving authority in lieu of some other satisfactory
contour interval and topographic data to meet the objectives of this
chapter.
d.
The locations and dimensions of railroad rights-of-way, bridges and
natural features, such as soil types, wooded areas, lakes, rock outcroppings
and views within the subdivision, and the locations of individual
trees outside wooded areas having a minimum caliper of six (6") inches.
The proposed location of shade trees to be provided by the subdivider
shall also be shown. Soil types shown shall be based on United States
Soil Conservation categories.
e.
All existing and proposed watercourses, including lakes, ponds and
marsh areas, accompanied by the following information or data:
1.
When a running stream with a drainage area of 1/2 square mile or
greater is proposed for alteration, improvement or relocation, or
when a structure or fill is proposed over, under, in or along such
a running stream, evidence of approval, required alterations, lack
of jurisdiction or denial of the improvement by the New Jersey Division
of Water Policy and Supply or such agency having jurisdiction shall
accompany the application.
2.
Profiles and cross sections at fifty (50') foot intervals of
watercourses, at an appropriate scale, showing the extent of the flood
fringe area, top of bank, normal water level and bottom elevations
of all watercourses on or within five hundred (500') feet of
the subdivision.
3.
When ditches, streams, brooks or watercourses are to be altered,
improved or relocated, the method of stabilizing slopes and the measures
to control erosion and siltation during construction, as well as typical
ditch sections and profiles, shall be shown on the plan or accompany
it.
4.
The total upstream acreage in the drainage basin of any watercourse
running through or adjacent to a subdivision including the distance
and average slope upstream to the basin ridge line.
5.
The total acreage in the drainage basin to the nearest downstream
drainage structure and the acreage of that portion of the subdivision
which drains to the structure, including the distance and average
slope downstream to the structure.
6.
The location and extent of drainage and conservation easements and
floodway and flood hazard area limits.
7.
The location, extent and water level elevation of all existing or
proposed lakes or ponds on or within five hundred (500') feet
of the subdivision.
8.
Plan, profile drawings and computation for any storm drainage systems,
including:
(a)
All existing and/or proposed storm sewer lines on site or within
five hundred (500') feet of the subdivision, showing size, profile
and slope of the lines, the location of each inlet, manhole or other
appurtenance and the pipe material type, strength class or thickness
and bedding type.
(b)
The location and extent of any proposed dry wells, groundwater
recharge basins, detention basins, flood control devices, sedimentation
basins and other water conservation devices.
f.
The names, locations and dimensions of all existing streets within
a distance of two hundred (200') feet of the subdivision, including
at least one street intersection and showing existing driveways and
any connection proposed by the subdivision to existing streets, sidewalks
and bike routes outside the subdivision: plans, cross sections, center-line
profiles, proposed grades and standard details of all proposed streets,
including full details of other utility improvements within or adjacent
to the street right-of-way, including sanitary sewers, curbing, sidewalks,
storm drains and water, gas and electric facilities. Typical street
cross sections shall indicate the type and width of pavement and the
location of curbs, sidewalks, bike routes, sewers, drains, water and
gas mains, electric and telephone facilities and appurtenances and
shade tree planting. At intersections, the sight triangles, radii
of curblines and the location of street signs and traffic control
devices shall be clearly indicated. Horizontal scale shall not be
less than one (1") inch equals forty (40') feet.
g.
The names, location, right-of-way widths and purpose(s) of existing
and proposed easements and other rights-of-way in the subdivision,
and the location and description of all existing or proposed boundary
control monuments and pipes.
h.
All proposed lot lines, including existing lot lines to remain and those to be eliminated, and all setback lines required by Chapter 34, Zoning, with the dimensions thereof. Any lot(s) to be reserved or dedicated to public use shall be identified and shall show proposed improvements, such as but not limited to landscaping, grading, walkways and recreation facilities, if any. Each block shall be numbered and the lots within each block shall be numbered consecutively beginning with number one, as acceptable to the Borough Engineer.
i.
Locations of all existing structures and their use(s) in the tract
and within two hundred (200') feet thereof, showing existing
and proposed front, rear and side yard setback distances and an indication
of all existing structures and uses to be retained and those to be
removed.
j.
Plans and profiles of proposed on-site, off-site and off-tract improvements
and utility layouts (sanitary sewers, storm sewers, erosion control
and landscaping, storm-water control, sedimentation basin, excavation,
water mains, gas, telephone, electricity, etc.), showing location,
size, slope, pumping stations and other details as well as feasible
connections to any existing or proposed utility systems. If private
utilities are proposed, they shall comply fully with all Borough,
County and State regulations. If service is to be provided by an existing
utility company, a letter from that company shall be submitted, stating
that service will be available before occupancy of any proposed structures.
When on-lot water or sewage disposal is proposed, the plan for such
system shall be approved by the appropriate Borough and State agencies
and the results of percolation tests shall be submitted with the preliminary
plat in accordance with the procedures outlined in this chapter.
k.
Zoning district(s), and if the property lies in more than one Zoning
district, the plat shall indicate the Zoning district lines.
l.
Minimum front, rear and side yard setback lines for the zone.
[Ord. 12/14/76, Art. XII,
§ A; Ord. 2/8/77, § 2]
The final plat shall be prepared in compliance with the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), as amended; and shall conform to the following standards and particulars and be accompanied by final plans in accordance with subsection 31-12.2.
a.
The plat shall be prepared and submitted on a sheet of standard size
(twenty-four by thirty-six (24" x 36") inches or thirty by forty-two
(30" x 42") inches), including a margin of at least one-half (1/2")
inch and be drawn to a scale of one (1") inch equals one hundred (100')
feet, except that a scale of one (1") inch equals fifty (50')
feet or larger shall be used where necessary and at special details
to provide fully intelligible and legible information throughout.
When the overall size of the development or the owner's desire
to submit final plans in sections will result in more than one sheet,
individual sheets or sections shall be numbered, match lines or boundaries
with adjacent sheets or sections shall be provided and each sheet
shall contain an acceptable key map of the entire tract showing the
relation and orientation of the subject to adjacent sections and the
total development.
b.
The original plat shall be prepared in waterproof black ink on mylar
under the immediate supervision of and in accordance with the computations
of a land surveyor licensed to practice in the State of New Jersey.
The original and all submitted black-line prints, translucent mylar,
translucent linen and opaque linen copies shall be hand signed and
sealed by the responsible surveyor.
c.
The fieldwork for the basic boundary survey shall be precise, with
a linear error of closure not to exceed one part in 10,000 before
adjustment. Angular error of closure shall not exceed 15 seconds times
the square root of n (where "n" equals the number of sides). Fieldwork
meeting these standards shall be adjusted and balanced by the compass
rule, transit rule or least square analysis, as considered appropriate
by the responsible surveyor. All existing boundary evidence for the
property in question and/or adjacent properties shall be clearly shown
in relation to the boundaries of the property in question. All exterior
boundaries shall be clearly identified by bearings precise to the
nearest one second of arc and distances precise to the nearest 0.01
of a foot. Permanent concrete monuments conforming to State Statutes
and extending not less than thirty (30") inches below grade nor more
than one (1") inch above shall be indicated on the plat and precisely
set in the field along the tract boundary at all corners, sidelines
of proposed streets and beginning and ending points of all horizontal
curves. Inaccessible corners shall be provided with two offset reference
monuments clearly defined on the plat. Additional point-on-line monuments
as necessary shall be installed in the field and identified on the
plat whenever topographic conditions do not permit corner-to-corner
visibility. Unless specifically waived by the Borough Engineer for
due cause, the boundaries of all final plats shall be based on the
United States Geological Survey bearing datum and all boundary monuments
shall be coordinated on the New Jersey plan coordinate system, with
North and East coordinates for each monument and corner shown on the
plat. The gross tract area and the area of each interior parcel, including
parcels dedicated to public use, shall be calculated and shown to
the nearest thousandth (.001) of an acre of the nearest 10 square
feet.
d.
The metes and bounds for all interior parcels, streets, and/or easements
dedicated to public use shall be calculated to the same order of precision
and shown on the plat as above described for the tract boundary. Interior
monuments shall be indicated on the plat and installed in the field
along one side of all street rights-of-way, at all corners of parcels
dedicated to public use and at such other additional locations incident
to topographic conditions and other factors as the Borough Engineer
may find essential to the public interest. Due to the high potential
for disturbance or destruction during construction, the installation
of interior monuments may be deferred until the completion of final
grading and seeding, subject to posting of acceptable performance
guaranty.
e.
In addition to tract, lot and street boundary lines above described,
the final plat shall identify and provide precise metes and bounds
for all necessary easements, sight triangles and other reservations
for public or quasi-public use. The grantee of any such public or
quasi-public dedication shall be identified on the plat.
f.
The following circular curve data shall be provided for all curvilinear
boundaries and street center lines: radius, central angle, tangent
distance, chord distance, chord bearing and arc length. Distances
shall be shown to the nearest one-hundredth (1/100') foot. Angles
and bearings shall be shown to the nearest one second of arc.
g.
Block and lot numbers shall be shown on the final plat in accordance
with established standards and in conformity with the Borough Tax
Assessment Map as approved by the Borough Engineer.
h.
Title block in the lower right-hand portion of the sheet shall include:
1.
The name (and section, where applicable) of the plat.
2.
The current tax assessment block(s) and lot(s) numbers.
3.
The name of the Municipality, County and State.
4.
Names and addresses of the owner, applicant and responsible surveyor.
5.
The date of preparation (and revisions, if any).
6.
The plat scale.
7.
Graphic scale.
i.
Bearing datum North (map datum) and true North arrows shall be provided,
including the angular difference between map North and true North.
j.
All street names shall be shown, acceptable to the approving authority.
k.
The plat shall contain the following endorsements:
1.
Certification by the responsible surveyor that the map was prepared
under his supervision and is in compliance with State Statute and
local ordinances, such certification to be signed, sealed and dated
by the responsible surveyor.
2.
Certification by the owner(s) that the plat is in accordance with
their free consent and express desires, including their consent to
filing, such certification to be signed, dated and sealed by the owner(s)
and witness(es). In the case of individual ownership, signature shall
be certified by a notary; if a partnership, by all partners and certified
by a notary; if a corporation, by an authorized principal of the corporation,
certified by the corporate secretary and sealed with the corporate
seal. The name and position of each signing party shall be legibly
printed below each signature.
3.
Signature block with places to be signed and dated by the Chairman
and Secretary of the approving authority.
4.
Certification that all new streets and easements have been approved
by the Borough Council and that bonds have been given to the Borough
guaranteeing the completion of improvements to same, such certification
to be signed, dated and sealed by the Borough Clerk.
5.
Certification of compliance with "Map Filing Law," applicable local
ordinances and regulations, signed and dated by the Borough Engineer.
6.
Certification of compliance with State Statute and approval to file
in the County Clerk's office within 95 days of approval of such
certification to be signed, dated and sealed by the Borough Clerk.
7.
Certification that bond has been given to the Borough guaranteeing
the future setting of monuments (if any not previously set), such
certification to be signed, dated and sealed by the Borough Clerk.
8.
Other appropriate notes regarding the dedication of public or private
roads, easements, recreation areas, etc., and reference to related
deeds of conveyance, such notes to be signed, dated and sealed by
the owner.
9.
Signature block for certification by the County Planning Board.
10.
Recording block for use by the County Clerk with space to insert
map number, date and time of filing.
l.
Minimum building setback lines shall be shown for each lot and other
sites. The names and block, lot and property lines of adjoining owners
shall be shown, as disclosed by the current tax assessment records.
[Ord. 12/14/76, Art. XII,
§ B]
a.
Submission of the final plat shall be accompanied by final plans
and other relevant supporting materials, including the following:
1.
Plans, profiles and cross sections, as appropriate, for all new streets,
including all utilities and street improvements; public utility easements;
site grading and drainage, including detail plans for storm water
detention facilities or stream encroachment as approved by the County
Engineer and/or State Department of Environmental Protection Division
of Water Resources; and sanitary sewerage plans.
2.
Copies of all required permits or relevant agreements for proposed
utility improvements related to drainage, sewerage, gas, water, electric,
telephone or other facilities.
3.
Copies of proposed deeds of conveyance for all new street, sight
triangles, easements, recreation parcels, school sites and/or other
land restrictions.
4.
Design calculations for sanitary sewerage and storm drainage facilities,
signed, dated and sealed by the responsible project engineer.
b.
Plans shall be standard size (twenty-four by thirty-six (24" x 36")
inches or thirty by forty-two (30" x 42") inches) and shall be drawn
to an appropriate scale necessary to clearly show the scope and detail
of the proposed work sufficient for the Borough Engineer to make a
quantitative engineering analysis and to assure proper construction
in accordance with Borough Standards. A standard size cover sheet
shall be provided which shall include, as a minimum:
1.
A key map, at a scale not greater than one (1") inch equals one thousand
(1,000') feet, of the property in question and all adjacent local
streets and watercourses within two thousand (2,000') feet of
the property boundaries.
2.
A general location plan, at a scale not greater than one (1") inch
equals two hundred (200') feet, of the property in question,
showing proposed streets and utility systems.
3.
Index for the complete set of plans.
[Ord. 12/14/76, Art. XIII,
§ 1]
No development application shall be accepted unless submitted in plat form and no plat shall be accepted for consideration unless it conforms to the following requirements as to form, content and accompanying information. All plats shall be drawn by a land surveyor as required by law, licensed to practice in the State of New Jersey, and shall bear the signature, seal, license number and address of the land surveyor or except that plats submitted under the "Informal Discussion" provisions of Section 31-7 and sketch plats of minor site plans are exempt from this requirement. All drawings of improvements shall be signed and sealed by a licensed Professional Engineer of the State of New Jersey.
[Ord. 12/14/76, Art. XIII,
§ 2]
The minor site plan shall include the same data as required for a "Minor Subdivision Plat for Classification and Approval" in Section 31-11, except that the graphic scale shall be one (1") inch to ten, twenty, thirty, forty, or fifty (10', 20', 30', 40', or 50') feet.
[Ord. 12/14/76, Art. XIII,
§ 3]
The sketch plat shall show to scale the lot lines, proposed
building(s), proposed use(s), parking, loading, onsite circulation,
driveways, wooded areas, streams, approximate flood hazard area, contours
based on U.S.G.S. or similar available datum, approximate on-site
or on-tract, storm water detention facilities, and water and sewer
service. The scale shall be one to one hundred (1' — 100')
feet.
[Ord. 12/14/76, Art. XIII,
§ 4]
a.
Each site plan shall be submitted at a scale not smaller than of
one (1") inch equals fifty (50') feet. All plans shall be signed
and sealed by an architect or engineer licensed to practice in the
State of New Jersey, including accurate lot lines certified by a licensed
land surveyor, submitted on one of the following standard sheet sizes:
eight and one-half by thirteen (8 1/2" x 13") inches, twelve
by eighteen (12" x 18") inches, nine by twelve (9" x 12") inches,
fifteen by twenty-one (15" x 21") inches, eighteen by twenty-four
(18" x 24") inches, twenty-four by thirty-six (24" x 36") inches or
thirty by forty-two (30" x 42") inches. If one sheet is not sufficient
to contain the entire territory of the tract, the tract may be divided
into sections to be shown on separate sheets of equal sizes, all sheets
with the same scale, with references on each sheet to the adjoining
sheets, provided that one sheet at a smaller scale is attached which
shows the entire project on one sheet of the same size.
b.
Each plan shall include the following data:
1.
Name of the development.
2.
Appropriate places for the signatures of the approving authority
Chairman and Secretary, the dates of official approving authority
actions and dates of the signatures.
3.
A small key map giving the general location of the tract in relation
to the remainder of the community.
4.
Zone district(s) in which the lot(s) is (are) located.
5.
North arrow.
6.
Date of the original plan and each subsequent revision date.
7.
Graphic scale.
8.
Total tract acreage to one one-hundredth (1/100) of an acre.
9.
An outbounds survey of the tract certified by a licensed land surveyor.
10.
Existing and proposed streets and street names.
11.
Existing and proposed contour lines at five (5') foot intervals
inside the tract and within fifty (50') feet of the tract's
boundaries.
12.
Existing and proposed streams and easements.
13.
Flood hazard areas based on 100 year plus storms.
14.
All dimensions and areas needed to confirm conformity to this chapter,
such as but not limited to building area, lot lines, parking and loading
spaces, setbacks, buffers and yards.
15.
The site in relation to all remaining contiguous lands in the applicant's
or owner's ownership.
16.
All roads, driveways, watercourses and existing buildings within
two hundred (200') feet of the tract.
[Ord. 12/14/76, Art. XIII,
§ 5; Ord. No. 2005-03]
Site plan approval shall include and shall be limited to:
a.
Preservation of existing natural resources on the site.
b.
Safe and efficient vehicular and pedestrian circulation, parking
and loading.
c.
Screening, landscaping and location of structures.
d.
Exterior lighting needed for safety reasons in addition to any requirements
for street lighting.
e.
Civic design of public and quasi-public areas forming the streetscape
including building fascia, landscaping, walls, fencing, signs, outdoor
displays and window displays (Excluded are maintenance and repair
activity that do not change the appearance of approved features).
Acceptable design is to respect streetscape legibility and promote
visual interest and unique identity.
[Ord. 12/14/76, Art. XIII,
§ 6]
The final plat shall include all data required on the preliminary
site plan plat drawn to incorporate all changes required as a condition
of preliminary approval and drawn by persons and to specifications
as required for a preliminary plat.
[Ord. 12/14/76, Art. XIII,
§ 7]
Failure to comply with any of the conditions of site plan approval
subsequent to the receipt of a Building Permit, Zoning Permit, or
Certificate of Occupancy, as the case may be, shall be construed to
be a violation of the Zoning Ordinance and shall be grounds for the
revocation of any Building Permit, Zoning Permit, or Certificate of
Occupancy, as the case may be. If the Construction Official finds
that any conditions of site plan approval have not been met, he shall
give the applicant 10 days written notice to comply with the conditions
and failure to comply with this 10 day period shall result in the
revocation of the Building Permit, Zoning Permit, or Certificate of
Occupancy, as the case may be.
[Ord. #6-82, § 2]
Each developer who has received approval of a major site plan
shall within 30 days of the date of the approval post a performance
bond to cover 100% of the site plan improvements and to ensure that
the site plan improvements are completed within one year of the date
of final approval. The actual amount of the surety bond shall be determined
by the Borough Engineer.
[1]
Editor's Note: Prior ordinance history includes portions
of Ordinance 12/14/76 Art. XIV and Ord. No. 6-82.
[Ord. #97-1 § 1]
The applicant or developer, shall, at the time of filing a submission,
pay the following nonrefundable fee to the Borough Clerk. Proposals
involving more than one use shall pay a fee equaling the sum of the
fees for the component elements of the submission. Proposals requiring
a combination of approvals, such as subdivision, site plan, variance,
conditional use, or the like, shall pay a fee equal to the sum of
the fees for all elements.
[Ord. #97-1 § 1]
c.
1.
Application preliminary major subdivision- with sketch plat approval:
$350
|
Plus
|
1-3 lots
|
$50
|
|
4-10 lots
|
$400
| |
|
11-50 lots
|
$800
| |
|
50+ lots
|
$1,600
|
2.
Subdivision without sketch plat approval: $500
|
Plus
|
1-3 lots
|
$100
|
|
4-10 lots
|
$800
| |
|
11-50 lots
|
$1,600
| |
|
50+ lots
|
$3,200
|
3.
Application for extension of preliminary approval: $100
e.
Application for preliminary site plan (nonresidential)
f.
Application for final site plan (nonresidential)
g.
Application for preliminary site plan (residential): $350 plus $10/unit
h.
Application for final site plan (residential): $200 plus $10/unit
i.
Soil removal/fill permit: $50
j.
Driveway permit: $50 plus $20 for each inspection
k.
Minor Site Plan: $200
l.
Resubmission of Plans. On the applications where substantially similar
plans are resubmitted within three months from the date of the original
submission, the fee shall be equivalent to 1/2 the current fee for
said submission.
m.
Certification of Approval (N.J.S.A. 40:55D-56): $25
[Ord. #97-1 § 1]
e.
Appeals filed pursuant to N.J.S.A. 40:55D-34: $150
f.
Appeals filed pursuant to N.J.S.A. 40:55D-36: $150
g.
Only one fee is to be charged for a single application regardless
of its complexity, and such fee will be the highest fee chargeable
under the above schedule.
h.
On appeals under N.J.S.A. 40:55D-76(b), the filing fee shall be the
sum of the applicable fees by class of development application and
variance(s), if applicable.
Fees for applications or for the rendering of any service by
the Planning Board or the Zoning Board of Adjustment or any member
of their administrative staffs which is not otherwise provided by
ordinance may be provided for and adopted as part of the rules of
the Board and copies of such rules or of the schedule shall be available
to the public.
[Ord. No. 97-1 § 1]
Where a transcript is required on the filing of an appeal to
the Borough Council, and the transcript has not been previously prepared
and available, the appellant, at the time of filing the appeal, shall,
in addition to the appeal filing fee, deposit with the Administrative
Officer the estimated costs of the transcript as a deposit to cover
the costs thereof. Such deposits shall be at the rate of $50 for each
hour of the hearing comprising the matter. If such deposit shall not
be sufficient, the appellant shall pay the difference prior to the
appeal being heard; if the deposit shall exceed the costs of the transcript,
the difference shall be refunded to the appellant.
[Ord. #97-1 § 1]
a.
General.
1.
In addition to the submission of application filing fees (which are
charged to cover general Borough administrative costs), as set forth
hereinbefore, development applications which meet the criteria established
herein shall be accompanied by a deposit of escrow funds in accordance
with the provisions of this subsection.
2.
Said escrow funds shall be utilized to cover the Borough costs of
professional charges for review of applications, review and preparation
of documents and inspections of developments under construction and
review by outside consultants when an application is of a nature beyond
the scope of expertise of the professional normally utilized by the
Borough. All plan review and inspection fees or charges must be set
by resolution by the Planning Board or Borough governing body. The
only charge that shall be added to any such charges shall be actual
out-of-pocket expenses of any such professionals or consultants, including
normal and typical expenses incurred in processing applications and
inspecting improvements.
(a)
Review fees shall be charged only in connection with an application
for development presently pending before the approving authority or
upon review of compliance with conditions of approval, or review of
requests for modification or amendments made by the applicant.
(b)
A professional shall not review items which are subject to approval
by any State governmental agency and not under municipal jurisdiction
except to the extent consultation with a State agency is necessary
due to the effect of State approvals in the subdivision or site plan.
(c)
Inspection fees shall be charged only for actual work shown
on a subdivision or site plan or required by an approving resolution.
Professionals inspecting improvements under construction shall charge
only for inspections that are reasonably necessary to check the progress
and quality of the work and such inspections shall be reasonably based
on the approved development plans and documents.
3.
Sketch Plat, Preliminary Site Plan and/or Subdivision Approval Inclusive
of Minor Site Plan:
|
Nonresidential
|
Escrow Amount
|
|---|---|
|
Less than 10,000 sq. ft. of building area
|
$ 3,000.00
|
|
10,001 to 50,000 sq. ft. of building area
|
$10,000.00
|
|
50,001 to 100,000 sq. ft. of building area
|
$ 20,000.00
|
|
In excess of 100,000 sq. ft. of building area
|
$25,000.00
|
|
Residential:
|
Escrow Amount
|
|---|---|
|
1 to 3 lots or units
|
$1,000.00
|
|
4 to 10 lots or units
|
$2,000.00
|
|
11 to 25 lots or units
|
$3,000.00
|
|
26 to 50 lots or units
|
$5,000.00
|
|
51 to 100 lots or units
|
$7,500.00
|
|
In excess of 100 lots or units
|
$15,000.00
|
4.
Final Plan Approval. One-third (1/3) for nonresidential use and one-half
(1/2) for residential use of the original escrow fee paid at the time
of preliminary plan application.
5.
Soil Removal/Fill Permit. An application fee of twenty-five ($25.00)
dollars shall accompany each application, to be utilized to offset
the general administrative costs of the application. In addition to
the application fee, the following sums shall be posted in escrow
to cover the Borough costs of professional and nonprofessional services
incurred during the review process and also for inspection costs required
during the construction process.
(a)
The sum of five hundred ($500.00) dollars where the application
is for the addition, removal or movement of between one hundred (100)
and nine hundred ninety-nine (999) cubic yards of soil, except in
matters pertaining to the construction of residential swimming pools
and other work related directly thereto where the fee shall be two
hundred fifty ($250.00) dollars.
(b)
The sum of one thousand ($1,000.00) dollars where the application
is for the addition, removal or movement of between one thousand (1,000)
and four thousand nine hundred ninety-nine (4,999) cubic yards of
soil or more.
(c)
The sum of two thousand ($2,000.00) dollars where the application
is for the addition, removal or movement of five thousand (5,000)
cubic yards of soil or more.
(d)
No escrow fee shall be required for applications of less than
one hundred (100) cubic yards of soil.
b.
Procedural Requirements.
1.
An applicant to the Joint Planning/Zoning Board of Adjustment shall
deposit all escrow funds called for in the within subsection before
the applicant's appearance before that Board. No meeting or hearing
with the applicant shall be held by the Board until all escrow funds
and required fees have been deposited in accordance with this subsection.
The escrow sums must be in the form of cash, certified check or money
order. All deposits of escrow funds shall be made to the official
designated by the Borough Council.
2.
Additional escrow funds may be required when the escrow has been
depleted to twenty (20%) percent of the original escrow amount or
that in the opinion of the escrow official or administrative officer,
additional funds are necessary. The official designated by the Borough
Council shall notify the applicant when escrow funds have been so
depleted. Professionals being paid from the escrow funds shall notify
the Board as to additional costs anticipated to be incurred. If an
escrow account contains insufficient funds to enable the Borough or
approving authority to perform required application reviews or improvement
inspections, the Chief Financial Officer of the Borough shall provide
the applicant with a notice of insufficient escrow or deposit balance.
In order for work to continue on the development or the application,
the applicant shall within fourteen (14) days, post a deposit to the
account in an amount to be agreed upon by the Borough and the applicant.
In the interim, any required health and safety inspections shall be
made and charged back against the replenishment of funds.
3.
All disbursements to consulting professionals and applicable charges
from Borough employed professionals for services involved in processing
an application which requires the deposit of escrow funds shall be
charged against the escrow account.
4.
The Chief Financial Officer of the Borough shall make all payments
to professionals for services rendered pursuant to the formal procedures
prepared. All vouchers submitted by consulting professionals relative
to said application shall specify the name of the person performing
the service, the actual hours spent on the project (to one-quarter
(1/4) hour increments), the services performed, the name of the project,
the hourly rate being charged and the date the work was performed.
(a)
All consulting professionals shall submit billing vouchers on
a monthly basis in accordance with the schedules developed by the
Chief Financial Officer. The professional shall send an informational
copy of the voucher to the applicant simultaneously with submission
to the Borough. Any vouchers submitted thirty (30) days or longer
from date of the signing of the plats or subdivision plans may be
void.
(b)
The Chief Financial Officer of the Borough shall prepare and
send to the applicant a monthly statement which shall include an accounting
of funds listing all deposits, interest earnings, disbursements and
the cumulative balance of the escrow account.
5.
All charges by Borough employed professionals, enumerated herein
above, shall be submitted on a voucher by the Borough employee to
the Chief Financial Officer of the Borough containing the same information
as required on a voucher, on a monthly basis. The charge for Borough
employed professionals shall not exceed two hundred (200%) percent
of the sum of the products resulting from multiplying (1) the hourly
base salary of each of the professionals by (2) the number of hours
spent by the respective professionals on review of the application
for development or the developer's improvements, as the case
may be. For other professionals, the charge to the deposit shall be
at the same rate as all other work of the same nature by the professional
for the Borough when fees are not reimbursed or otherwise imposed
on applicants or developers.
6.
The following close-out procedures shall apply to all deposits and
escrow accounts established under the provisions of P.L. 1975, c.291
(N.J.S.A. 40:55D-1 et seq.) and shall commence after the approving
authority has granted final approval and signed the subdivision plat
or site plan, in the case of application review escrows and deposits,
or after the improvements have been approved as provided in Section
41 of P.L. 1975, c.291 (N.J.S.A. 40:55D-53), in the case of improvement
inspection escrows and deposits.
(a)
The applicant shall send written notice by certified mail to
the Chief Financial Officer of the Borough and the approving authority,
and to the relevant Borough professional, that the application or
the improvements, as the case may be, are completed.
(b)
After receipt of such notice, the professional shall render
a final bill to the Chief Financial Officer of the Borough within
thirty (30) days, and shall send a copy simultaneously to the applicant.
(c)
The Chief Financial Officer of the Borough shall render a written
final accounting to the applicant on the uses to which the deposit
was put within forty-five (45) days of receipt of the final bill.
(d)
Any balances remaining in the deposit or escrow account, including
interest, shall be refunded to the developer along with the final
accounting.
7.
No resolution approving any development application which is subject
hereto shall be passed by the Joint Planning/Zoning Board of Adjustment
until all fees and escrow sums required hereunder have been paid in
full.
8.
In the event that an applicant disputes the charges made by a professional
for services rendered to the Borough in reviewing applications for
development, review and preparation of documents, and inspection of
improvements or any other charges made pursuant to P.L. 1975, c.291
(N.J.S.A. 40:55D-1 et seq.), the applicant shall notify in writing
the Borough Council with copies to the Chief Financial Officer, the
approving authority and the professional. The governing body or its
designee shall, within a reasonable time period, attempt to remediate
any disputed charges.
(a)
If the matter is not resolved to the satisfaction of the applicant,
the applicant may appeal to the County Construction Board of Appeals
established under Section 9 of P.L. 1975, c.217 (N.J.S.A. 52:27D-127)
any charge to an escrow account or a deposit by any municipal professional
or consultant, or the cost of the installation of improvements estimated
by the Borough Engineer pursuant to Section 13 of P.L. 1991, c.256
(N.J.S.A. 40:55D-53.4).
(b)
An applicant or its authorized agent shall submit the appeal
in writing to the County Construction Board of Appeals. The applicant
or its authorized agent shall simultaneously send a copy of the appeal
to the Borough, approving authority, and any professional whose charge
is the subject of the appeal.
(c)
The County Construction Board of Appeals is required by law
to hear the appeal, render a decision thereon and file its decision
with a statement of the reasons therefor with the Borough or approving
authority not later than ten (10) business days following the submission
of the appeal, unless such period of time has been extended with the
consent of the applicant. The decision may approve, disapprove or
modify the professional charges appealed from and a copy of the decision
shall be forwarded by certified or registered mail to the party making
the appeal, the Borough, the approving authority and the professional
involved in the appeal.
(d)
During the pendency of any appeal, the Borough or approving
authority shall continue to process, hear and decide the application
for development and to inspect the development in the normal course
and shall not withhold, delay or deny reviews, inspections, signing
of subdivisions plats or site plans, the reduction or the release
of performance or maintenance guarantees, the issuance of construction
permits or Certificates of Occupancy or any other approval or permit
because an appeal has been filed or is pending under this section.
(e)
The Chief Financial Officer of the Borough may pay charges out
of the appropriate escrow account or deposit for which an appeal has
been filed.
(f)
If a charge is disallowed after payment, the Chief Financial
Officer of the Borough shall reimburse the deposit or escrow account
in the amount of any such disallowed charge or refund the amount to
the applicant.
(g)
If the charge is disallowed after payment to a professional
or consultant who is not in the employ of the Borough, the professional
or consultant shall reimburse the Borough in the amount of any such
disallowed charge.
[Ord. 12/14/76, Art. XV; Ord. No. 3-96]
Any developer, owner, or other person who, prior to final approval transfers, sells, or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which the approving authority is required to act, such persons shall be subject to the penalty set forth in Chapter 1, Section 1-5, and each parcel, plot or lot so disposed of shall be deemed a separate violation. In addition to the foregoing, if the streets in a subdivision are not such that a structure on the land in the subdivision would meet requirements for a building permit, the municipality may institute and maintain a civil action:
a.
For injunctive relief.
b.
To set aside and invalidate any conveyance made pursuant to such
a contract or sale.
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In any such action the transferee, purchaser or grantee shall
be entitled to a lien upon the portion of the land from which the
subdivision was made that remains in the possession of the subdivider
or his assigns or successors, to secure the return of any deposit
made or purchase price paid, and also a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two (2) years after the date of the recording of the
instrument of transfer, sale or conveyance of the land, or within
six (6) years if unrecorded.
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