[Article VIII was replaced in entirety by Ord. No. 2018-11 § 4]
[Prior history includes Ord. Nos. 856, 969, 970, 85-11, 90-36,
91-26 and 94-8]
[Ord. No. 2018-11 § 4]
The Planning Board shall have the power to review and approve
or deny conditional uses or site plans simultaneously with review
for subdivision approval without the developer being required to make
further application to the Planning Board or the Planning Board being
required to hold further hearings. Prior to being scheduled for a
hearing, all reports, application forms, checklists, plans and details
must be provided electronically, such as through Princeton's Seemless
Docs form link or such other means as may be directed from time to
time by the planning department.
[Ord. No. 2018-11 § 4]
Every subdivision or site plan shall conform to the applicable
zoning regulations of this Chapter.
[Ord. No. 2018-11 § 4]
Every subdivision or site plan shall conform to the state highway
access management code adopted by the commissioner of transportation
under section 3 of the "State Highway Access Management Act", P.L.
1989, c. 32, with respect to any state highway within the municipality.
Every subdivision or site plan shall conform to any access management
code adopted by the county under N.J.S.A. 27:16-1, with respect to
any county roads within the municipality.
Every subdivision or site plan shall conform to any municipal
access management code adopted under N.J.S.A. 40:67-1, with respect
to municipal streets.
[Ord. No. 2018-11 § 4]
The Planning Board, when acting on applications for subdivision approval or site plan approval, shall have the power to grant such exceptions from the requirements of subdivision or site plan approval as may be reasonable and within the general purpose and intent of the provisions of this Chapter for subdivision or site plan review and approval, if the literal enforcement of one or more of such provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question, subject to the provisions of Section T10B-227.
[Ord. No. 2018-11 § 4]
If in the course of reviewing an application for preliminary
approval of a major subdivision or for preliminary approval of a site
plan the Planning Board requires any substantial amendment in the
layout of improvements proposed by the developer that have been the
subject of a hearing, an amended application shall be submitted and
proceeded upon as in the case of the original application.
[Ord. No. 2018-11 § 4]
Preliminary approval of a major subdivision or a site plan shall,
except as provided in paragraph (d) of this section, confer upon the
applicant the following rights for a three-year period from the date
of the preliminary approval:
(a)
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including, but not limited to, use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions; off-tract improvements; and any requirements
peculiar to site plan approval. However, nothing herein shall be construed
to prevent the municipality from modifying by ordinance such general
terms and conditions of preliminary approval as relate to public health
and safety.
(b)
That the applicant may submit for final approval on or before
the expiration date of preliminary approval the whole or sections
of the preliminary subdivision plat or site plan.
(c)
That the applicant may apply for and the Planning Board may
grant extensions of such preliminary approval for additional periods
of at least one year but not to exceed a total extension of two years;
provided, that if the design standards have been revised by ordinance,
such revised standards may govern.
(d)
In the case of a subdivision or site plan for an area of 50
acres or more, the Planning Board may grant the rights referred to
in the above paragraphs of this section for such period of time, longer
than three years, as shall be determined by the Planning Board to
be reasonable, taking into consideration the number of dwelling units
and nonresidential floor area permissible under preliminary approval,
economic conditions and the comprehensiveness of the development.
The applicant may apply for thereafter and the Planning Board may
thereafter grant an extension to preliminary approval for such additional
period of time as shall be determined by the Planning Board to be
reasonable, taking into consideration the number of dwelling units
and nonresidential floor area permissible under preliminary approval,
the potential number of dwelling units and nonresidential floor area
of the section or sections awaiting final approval, economic conditions
and the comprehensiveness of the development; provided, that if the
design standards have been revised, such revised standards may govern.
[Ord. No. 2018-11 § 4]
The Planning Board, in the course of reviewing an application
for final approval of a major subdivision or a site plan involving
a planned unit residential development or a residential cluster, may
permit minimal deviations from the conditions of preliminary approval
attaching to such development or cluster plan if necessitated by change
of conditions beyond the control of the developer since the date of
preliminary approval, without the developer being required to submit
another application for development for preliminary approval.
[Ord. No. 2018-11 § 4]
(a)
The Planning Board shall require as a condition of final subdivision
or site plan approval the furnishing of a performance guarantee in
favor of the municipality for the purpose of assuring the installation
of the required on-tract improvements within two years as to a subdivision
and within such reasonable time as the board shall fix as to a site
plan. The guarantee shall be in an amount not to exceed 120% of the
cost of such installation as estimated by the municipal engineer.
(b)
The Planning Board shall also require as a condition of final
subdivision or final site plan approval the posting of a maintenance
guarantee with the municipal Governing Body for the purpose of assuring
the maintenance of required on-tract improvements for a period of
two years for a subdivision or site plan after final acceptance of
the improvements. The maintenance guarantee shall be in an amount
equal to 15% of the cost of the improvements as estimated by the municipal
engineer.
(c)
In the event that governmental agencies or public utilities
other than the municipality will automatically own utilities to be
installed or if required on-tract improvements are covered by a performance
or maintenance guarantee to another governmental agency or to the
municipality in connection with any other development application,
no performance or maintenance guarantee, as the case may be, shall
be required by the municipality for such utilities or improvements.
(d)
A performance or maintenance guarantee may be in the form of
a surety bond issued by a bonding or surety company approved by the
Governing Body, a certified check returnable to the developer after
full compliance or any type of surety or collateral approved by the
municipal attorney. 10% of the total performance guarantee shall be
paid by a cash payment and no cash shall be required for the maintenance
guarantee or any part thereof. All guarantees shall be approved by
the municipal attorney as to form, sufficiency and execution.
(e)
The time allowed for installation of the improvements for which
the performance guarantee has been provided may be extended by the
Governing Body by resolution. As a condition or as a 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.
(f)
If the required improvements are not completed or corrected
in accordance with the performance or maintenance guarantee, the obligor
and surety, if any, shall be liable thereon to the municipality for
the reasonable cost of the improvements not completed or corrected
and the municipality may, either prior to or after the receipt of
the proceeds thereof, complete such improvements.
(g)
Upon substantial completion of all required appurtenant utility
improvements and the connection of same to the public system, the
obligor 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 municipal
engineer. Thereupon the municipal engineer shall inspect all improvements
of which such notice has been given and shall file a detailed report
in writing with the Governing Body, 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.
(h)
The Governing Body shall either approve, partially approve or
reject the improvements on the basis of the report of the municipal
engineer and shall notify the obligor, in writing, by certified mail
of the contents of such report and the action of the Governing Body
with relation thereto not later than 65 days after receipt of the
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
sufficient to secure installation of the improvements not yet approved;
provided that 30% of the amount of the performance guarantee posted
may be retained to insure completion of all improvements. Failure
of the Governing Body 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.
(i)
If any portion of the required improvements is rejected, the
Governing Body may require the obligor to complete such improvements
and, upon completion, the same procedure of notification as set forth
in the preceding paragraph shall be followed.
(j)
The obligor shall reimburse the municipality for all reasonable
inspection fees paid to the municipal engineer for the foregoing inspection
of improvements and such fees shall constitute part of the cost of
the improvements covered by a guarantee; provided that the Planning
Board may require of the developer a deposit with the municipality
for all or a portion of the reasonably anticipated fees to be paid
to the municipal engineer for such inspection.
(k)
Performance and maintenance guarantees pertaining to site plan improvements shall also be subject to the requirements of Section T10B-224.
(l)
Nothing herein, however, shall be construed to limit the right
of the obligor to contest by legal proceedings any determination of
the Governing Body or the municipal engineer.
(m)
In the event that the final approval of a subdivision or site plan is by stages or sections pursuant to Section T10B-131(b), the provisions of this Section T10B-133 shall be applied by stage or section.
[Ord. No. 2018-11 § 4]
(a)
The zoning requirements applicable to the preliminary approval
of a major subdivision or a site plan first granted and all other
rights conferred upon the developer by the preliminary approval thereof,
whether conditionally or otherwise, shall not be changed for a period
of two years after the date of final approval; but, in the case of
a major subdivision, the rights conferred by this section shall expire
if the final plat has not been duly and timely filed with the county
recording officer.
(b)
If the developer has followed the standards prescribed for final
approval and, in the case of a subdivision, has duly and timely filed
the plat with the county recording officer, the Planning Board may
extend such period of protection for extensions of one year, but not
more than three such extensions.
(c)
Notwithstanding any other provisions of this Chapter, the granting
of final approval terminates the time period of protective rights
attaching to preliminary approval for sections of the subdivision
or site plan granted final approval.
(d)
In the case of a subdivision or site plan for a planned unit
residential development or residential cluster of 50 acres or more
or a conventional subdivision or site plan for 150 acres or more,
the Planning Board may grant the rights referred to in paragraph (a)
of this section for such a period of time longer than two years as
shall be determined by the Planning Board to be reasonable taking
into consideration the number of dwelling units and nonresidential
floor area permissible under final approval, economic conditions and
the comprehensiveness of the development. The developer may apply
for thereafter, and the Planning Board may thereafter grant, an extension
of final approval for such additional period of time as shall be determined
by the Planning Board to be reasonable taking into consideration the
number of dwelling units and nonresidential floor area permissible
under final approval, the number of dwelling units and nonresidential
floor area remaining to be developed, economic conditions and the
comprehensiveness of the development.
[Ord. No. 2018-11 § 4]
The Planning Board may permit a deviation from a subdivision
or site plan as finally approved if caused by change of conditions
beyond the control of the developer since the date of final approval
and if the deviation would not substantially alter the character of
the development or substantially impair the intent and purpose of
the master plan and zoning ordinance.
[Ord. No. 2018-11 § 4]
(a)
If the master plan or the official map provides for the reservation
of designated streets, public drainageways, flood control basins or
public areas within the proposed development, the Planning Board may,
before approving a subdivision or site plan, further require that
such streets, ways, basins or areas be shown on the subdivision plat
or site plan in locations and sizes suitable to their intended uses.
The Planning Board may reserve the location and extent of such streets,
ways, basins or public areas shown on the plat or plan for a period
of one year after the approval of the final plat or plan or within
such further time as may be agreed to by the developer.
(b)
Unless during such period or extension thereof the municipality
shall have entered into a contract to purchase or shall have instituted
condemnation proceedings according to law for the fee or a lesser
interest in the land comprising such streets, ways, basins or public
areas, the developer shall not be bound by such reservations shown
on the plat or plan and may proceed to use such land for private use
in accordance with applicable development regulations.
(c)
The developer shall be entitled to just compensation for actual
loss found to be caused by such temporary reservation and deprivation
of use. In such instance, unless a lesser amount has previously been
mutually agreed upon, just compensation shall be deemed to be the
fair market value of an option to purchase the land reserved for the
period of reservation; provided, that determination of such fair market
value shall include, but not be limited to, consideration of the real
property taxes apportioned to the land reserved and prorated for the
period of reservation. The developer shall be compensated for the
reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining subdivision approval
or site plan approval, as the case may be, caused by the reservation.
(d)
The amount and terms of payment of compensation for the reservation
of any public area shall be determined promptly by the Governing Body,
with due regard for the provisions of the preceding paragraph, after
affording the developer an opportunity to be heard. Such determination
shall be reduced to writing and furnished to the developer and the
Planning Board.
(e)
The provisions of this section shall not apply to streets and
roads, flood control basins or drainage ways necessitated by the subdivision
or land development and required for final approval of the subdivision
or site plan.
[Ord. No. 2018-11 § 4]
When approving subdivision and site plan applications, including
applications for residential and nonresidential clusters, the may
require that any improvements, such as sidewalks, bike paths, jogging
trails, and recreational facilities, designed to be made available
to the general public or to the residents or occupants of the development
shall be completed at such time in the sequence of development as
it deems appropriate, including before issuance of the first certificate
of occupancy.
[Ord. No. 2018-11 § 4]
Applicants for subdivision and site plan approval containing any of the improvements set forth in Section T10B-136.1 or providing for land dedications or conveyances to the municipality of any other interest in the property which is the subject of the development application, including easements, shall provide a notice of the improvements and proposed land dedications or conveyances to prospective purchasers of dwelling units within the development. Such notice shall be in plain language and shall be in a form acceptable to the attorney for the Board. It shall be provided prior to the time a contract of sale is executed. As to conveyances which have not been made and as to improvements which have not been completed, such notice shall also be provided to any subsequent purchaser of the unit prior to the time the contract therefor is executed. A copy of each executed notice, with a signed acknowledgment that the purchaser has read and understood the notice, shall be filed by the developer and any subsequent seller with the Board. Failure of a seller to give the required notice to a purchaser shall not be a basis for the purchaser to object to the proposed improvements, dedications, or conveyances.
