Township of Clinton, NJ Article VII Review Procedure

§ 165-43 General procedures.

A. Upon receipt of an application, the Clerk of the Planning Board shall forward the same to the Subdivision and Site Plan Committee and, in addition, shall send a copy to each of the following for report and recommendation:

(1) Township Engineer.

(2) Tax Assessor.

(3) County Department of Health when review by that agency is required.

(4) Environmental Commission.

(5) Township Board of Health.

(6) Such other federal, state, county and municipal officials and agencies as directed by the Subdivision and Site Plan Committee.

B. The Subdivision and Site Plan Committee shall review the application, along with reports required from any officials or agencies, and shall submit its findings and recommendations to the Planning Board.

C. Time for action by the Planning Board.

(1) The Planning Board shall grant or deny the application within the times of submission of a complete application prescribed below or within such further time as may be consented to by the applicant:

	Type of Application		Period of Time for Action by Planning Board (days)
	Minor subdivision plat		45
	Minor site plan		45
	Preliminary subdivision plat:
		10 lots or less	45
		More than 10 lots	95
	Master development plan of a planned development		95
	Preliminary planned development plan		95
	Preliminary site plan:
		10 acres or less	45
		More than 10 acres	95
	Final subdivision plat		45
	Final planned development plan		45
	Final site plan		45

(2) Failure of the Planning Board to act within the period prescribed shall constitute approval, and a certificate of the Township Clerk as to the failure of the Planning Board to act shall be issued on request of the applicant, 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. The applicant shall be notified of the Planning Board's action within one week of its action.

D. Whenever review or approval of an application by the County Planning Board is required, the Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or upon approval by the County Planning Board by its failure to report thereon within the required time period.

E. Before the Clerk of the Planning Board returns any approved application to an applicant, the applicant shall have sufficient copies made to furnish one copy to each of the following:

(1) Township Clerk.

(2) Township Engineer.

(3) Construction Official and Zoning Officer.

(4) Tax Assessor.

(5) County Planning Board.

(6) Township Board of Health.

§ 165-44 Submission of minor subdivision application.

[Amended 7-23-1984 by Ord. No. 245-84]

A. A minor subdivision application shall be filed in accordance with Article VI above and shall contain all data and information required in § 165-54, as well as all information indicated on Checklist No. 1 for determining completeness of application.

B. If the application is classified and approved as a minor subdivision by the Subdivision and Site Plan Committee, the Committee shall, in turn, refer the application to the full Planning Board for confirmation of its action. If approval as a minor subdivision is confirmed, the plat shall be signed by the Chairman and Secretary of the Planning Board. One copy of the signed plat shall be returned to the applicant within one week following the Planning Board meeting at which classification is confirmed. No further Subdivision and Site Plan Committee or Planning Board approval shall be required. In approving a plat as a minor subdivision or confirming such action, the Subdivision Committee or the Planning Board, as the case may be, may impose such terms and conditions as are reasonable and within the intent of this chapter, including provision for improvements pursuant to Articles IX and X.

C. Classification as a minor subdivision shall expire 190 days from the date of approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the minor subdivision is filed by the developer with the county recording officer, the Township Engineer and the Township Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the application for minor subdivision, the Planning Board shall be permitted to accept a plat not in conformity with the Map Filing Act, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than by deed, such plat shall conform to the provisions of said act.

D. The Zoning requirements and general terms and conditions, whether conditional or otherwise, upon which the minor subdivision is granted shall not be changed for a period of two years after the date of minor subdivision approval, provided that said minor subdivision shall have been duly recorded as provided in this section.

E. If the application for a minor subdivision is classified as a major subdivision, the subdivider will be so notified. No further Planning Board action on the application shall be required, and the subdivider shall follow the procedures contained herein for processing approval of a preliminary and final plat of a major subdivision.

F. In granting minor subdivision approval, the Planning Board may condition such approval on terms insuring the provision of on-tract improvements pursuant to Article XII.

§ 165-45 Minor site plan.

[Amended 7-23-1984 by Ord. No. 245-84; 4-27-2016 by Ord. No. 1084-16]

The procedures for minor subdivisions as provided in § 165-44 shall, as applicable, apply to minor site plans. An application for minor site plan approval shall contain all information indicated on Checklist No. 1 for determining completeness of application.

§ 165-46 Preliminary subdivision plat and preliminary site plan.

A. Application for approval of a preliminary subdivision plat or a preliminary site plan shall be filed in accordance with Article VI and shall contain all information prescribed in § 165-56 or 165-58, as the case may be, as well as all information indicated on Checklist No. 1 for determining completeness of application.

[Amended 7-23-1984 by Ord. No. 245-84; 4-27-2016 by Ord. No. 1084-16]

B. Following report from the Subdivision and Site Plan Committee, if the Planning Board finds that the application is in substantial compliance with the provisions of this chapter, it shall schedule a hearing on the application, following the procedures in § 165-8.

C. If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of the hearing, an amended application shall be submitted and proceeded upon as in the case of the original application. The Planning Board shall, if the proposed application complies with this chapter, grant preliminary approval.

D. Preliminary approval shall, except as provided in Subsection E of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

(1) That the general terms and conditions on which preliminary approval is granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval pursuant to § 165-62, except that nothing herein shall be construed to prevent the Township from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

(2) That the applicant shall submit for final approval, on or before the expiration date of preliminary approval, the whole, or a section or sections, of the preliminary subdivision plat or site plan, as the case may be, after which time any such approval shall be null and void.

[Amended 8-11-2004 by Ord. No. 859-04]

(3) 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.

(4) Any lot that received preliminary subdivision or site plan approval more than three years before the date of adoption of the subject ordinance may apply for final approval within one year of the date of the adoption of the subject ordinance, after which time any such approval shall be null and void. Such application shall be subject to all other requirements of this chapter and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) during the one-year time period.

[Added 8-11-2004 by Ord. No. 859-04]

E. In the case of a subdivision of or site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsection D(1), (2) and (3) above 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 of 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 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.

F. Prior to granting approval to a preliminary plat, the applicant shall furnish the Planning Board with the following certifications:

(1) Certification from the Board of Health approving the method and type of sewage disposal and water supply.

(2) Where water or sewerage service is to be obtained from other than a municipally owned system, certification from the appropriate agency that it has consented to such method of service and copies of all agreements from private utilities undertaking to provide such services if the same are not to be supplied by the applicant.

§ 165-47 Preliminary planned development plan.

[Amended 7-23-1984 by Ord. No. 245-84; 4-27-2016 by Ord. No. 1084-16]

The procedure for review of a preliminary planned development plan shall be the same procedure as for a preliminary plat or a preliminary site plan, or both, as the case may be, as prescribed in § 165-46, according to the nature of the planned development, and approval shall confer upon the applicant the rights referred to in § 165-46D. An application for approval of a preliminary planned development shall include all data and information prescribed in § 165-56 or 165-58, as the case may be, as well as all information indicated on Checklist No. 3 for determining completeness of application.

§ 165-48 Optional staged preliminary development plan.

[Amended 7-23-1984 by Ord. No. 245-84; 4-27-2016 by Ord. No. 1084-16]

In order to provide flexibility in the review of large planned developments of at least 50 acres in size, an applicant may, at his option, seek preliminary planned development approval in sections or elements, provided that he first seeks and receives approval of a master development plan of the entire tract. The procedure for filing, review and approval of a master development plan shall be the same as procedures prescribed for a preliminary site plan. Approval of a master development plan of a planned development shall confer upon the applicant the rights described below for the period of time determined by the Planning Board in accordance with § 165-46E. An application for approval of a master development plan of a planned development shall include all information indicated on Checklist No. 2 for determining completeness of application.

A. That the plan shall not be changed with reference to the total number of dwelling units within the planned development, the density range and unit type distribution within each residential area or the ground floor area within any nonresidential area.

B. That the location and specifications for proposed collector roads shall not be changed except as justified by sound engineering practices and that said collector roads may be constructed pursuant to specifications approved by the Township Engineer.

C. That application for preliminary approval of the entire planned development or of a section or elements of the planned development may be submitted for review and approval in accordance with § 165-47.

§ 165-49 Improvements; guarantees; inspections; start of construction.

[Amended 12-8-1986 by Ord. No. 313-86; 8-13-1997 by Ord. No. 632-97R; 4-24-2002 by Ord. No. 773-02; 3-23-2022 by Ord. No. 1165-2022]

A. Guarantees required.

(1) Before filing of final subdivision plats or recording of minor subdivision deeds or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65, the Township or approving board shall, for the purposes of assuring the installation and maintenance of certain on- and off-tract improvements require the developer to furnish a performance guarantee(s) and provide for a maintenance guarantee in accordance with the terms of this section.

(a) Performance guarantees as used in this section shall mean a performance guarantee required by § 165-49B below, a temporary certificate of occupancy guarantee required by § 165-49C below, and a safety and stabilization guarantee as required by § 165-49D below. A maintenance guarantee as used in this section shall mean a maintenance guarantee required by § 165-49E below.

(b) All performance and maintenance guarantee estimates shall be prepared by the Township Engineer as required by § 165-49B(1) and § 165-49E(2) below. Any adjustment in the amount of a performance or maintenance guarantee shall be approved by resolution of the Township Mayor and Council.

(c) The developer shall present two copies of the performance or maintenance guarantee(s) required by § 165-49B and 165-49E below to the Township Clerk for the review and approval of the Township Attorney as to form and execution.

(2) At least 10% of the amount of the approved performance guarantee(s) shall be deposited by the developer in cash with the Township. The remaining 90% may be in cash, irrevocable letter of credit or surety bond. In the event of default, the 10% cash may be first applied to the completion of the requirements and any bidding and legal costs associated therewith, and the remaining 90% cash, letter of credit or surety bond may thereafter be resorted to, if necessary, for the completion of the requirements and any additional bidding and legal costs associated therewith.

(a) In the case of surety bonds, the developer shall be the principal and the bond shall be provided by a surety company operating pursuant to a valid certificate of authority issued pursuant to N.J.S.A. 17:17-1 et seq. Proof of such valid certificate of authority shall be furnished to the Township when the surety bond is submitted.

(b) Irrevocable letters of credit shall comply with the "Uniform Customs and Practices for Documentary Credits" (1984 Revision), International Chamber of Commerce, Publication No. 400, and shall be issued or confirmed by a New Jersey banking institution. The Township shall accept a performance guarantee or maintenance guarantee which is an irrevocable letter of credit if it:

[1] Constitutes an unconditional payment obligation of the issuer running solely to the municipality for an express initial period of time in the amount determined;

[2] Is issued by a banking or savings institution authorized to do and doing business in this state;

[3] Is for a period of time of at least one year; and

[4] Permits the municipality 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 stated in the letter of credit.

B. Performance guarantees.

(1) Public improvements. Developer shall furnish a performance guarantee in favor of the Township in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval or developer's agreement, ordinance or regulation to be dedicated to a public entity, and that have not yet been installed, which cost shall be determined by the Township Engineer, according to the method of calculation set forth in N.J.S.A. 40:55D-53.4, for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, street lighting, street trees, surveyor's monuments as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), repealed by Section 2 of P.L. 2011, c.217, or N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements. The Township Engineer shall prepare an itemized cost estimate of the improvements to be covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the developer.

(2) Perimeter buffering. The performance guarantee may also be required to include, at the discretion of the Township or approving board, a guarantee for the installation of privately owned perimeter buffer landscaping within an improved phase or section of a development as a condition of approval. At the developer's option, a separate performance guarantee may be posted for the privately owned perimeter buffer landscaping.

C. Temporary certificate of occupancy guarantee.

(1) In the event that a developer shall seek a temporary certificate of occupancy for a development, unit, lot, building or phase of a development, then as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to as a temporary certificate of occupancy guarantee in favor of the Township in an amount equal to 120% of the cost of the terms of the temporary certificate of occupancy and which must be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee.

(2) Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee, required pursuant to § 165-49B above, which relate to the development, unit, lot building or phase of development for which the temporary certificate of occupancy is sought, shall be released.

(3) The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Township Engineer, the zoning officer, or other municipal official designated by ordinance.

(4) The Township shall not, at any time, hold more than one guarantee or bond of any type with respect to the same line item.

(5) The temporary certificate of occupancy guarantee shall be released by the Township Engineer, the Zoning Officer, or other municipal official designated by ordinance upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building or phase as to which the temporary certificate of occupancy relates.

D. Safety and stabilization guarantee.

(1) A developer shall furnish to the Township a safety and stabilization guarantee in favor of the Township. At the developer's option, a safety and stabilization guarantee may be furnished either as a separate guarantee or as a line item of the performance guarantee. A safety and stabilization guarantee shall be available to the Township solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition. The Township shall be permitted to access the guarantee when:

(a) Site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure; and

(b) Work has not resumed within 30 days following the provision of written notice by the Township to the developer of the Township's intent to claim payment under the guarantee. The Township shall not provide notice of its intent to claim payment under a safety and stabilization guarantee unit a period of at least 60 days has elapsed during which all work on the development has ceased for reasons other than force majeure. The Township shall provide written notice to a developer by certificated mail or other form of delivery providing evidence of receipt.

(2) Pursuant to N.J.S.A. 40:55D-53a(1)(d), the amounts to be posted in connection with a safety and stabilization guarantee shall be as follows:

(a) For a development with bonded improvements in an amount not exceeding $100,000, shall be $5,000.

(b) For a development with bonded improvements exceeding $100,000, shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows:

[1] Five thousand dollars for the first $100,000 of bonded improvement costs, plus 2.5% of bonded improvement costs in excess of $100,000 up to $1,000,000; plus

[2] One percent of bonded improvement costs in excess of $1,000,000.

(3) The Township shall release a separate safety and stabilization guarantee to a developer upon the developer's furnishing of a performance guarantee which includes a line item for safety and stabilization in the amount required under this subsection.

(4) The Township shall release a safety and stabilization guarantee upon the Township Engineer's determination that the development of the project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.

E. Maintenance guarantees.

(1) Prior to the release of a performance guarantee required pursuant to § 165-49B above, the developer shall post with the Township a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.

(2) If required, the developer shall post with the Township, upon the inspection and issuance of final approval of the following private site improvements by the Township Engineer, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, inflow and water quality structures within the basins, and the outflow pipes and structures of the stormwater management system, if any, which cost shall be determined according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).

(3) The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term.

F. Improvements owned by other entities. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Township for such utilities or improvements.

G. Extensions of time for installation of bonded improvements.

(1) All required bonded improvements shall be completed to the satisfaction of the Township Engineer within 12 months of the receipt of the initial construction permit.

(2) The time allowed for installation of the bonded improvements for which the performance guarantee has been provided may be extended by the Township Mayor and Council by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the Township Engineer according to the method of calculations set forth in Section 15 of P.L. 1991, c.256 (N.J.S.A. 40:55D-53.4) as of the time of the passage of the resolution.

H. Recourse by Township. If the required bonded improvements are not completed or corrected in accordance with the performance guarantee, the developer and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected and the Township may either prior to or after the receipt of the proceeds thereof complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.).

I. Substantial completion of improvements; reduction/release of guarantee(s).

(1) Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the developer may request of the Township Mayor and Council, in writing, by certified mail addressed in care of the Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to § 165-49B above, a list of all uncompleted or unsatisfactory completed bonded improvements. If such a request is made, the developer shall send a copy of the request to the Township Engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the developer. Thereupon the Township Engineer shall inspect all bonded improvements covered by developer's request and shall file a detailed list and report, in writing, with the Township Mayor and Council, and shall simultaneously send a copy thereof to the developer not later than 45 days after receipt of the developer's request.

(2) The list prepared by the Township Engineer shall state, in detail, as to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed bonded improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each bonded improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory bonded improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to § 165-49B above.

(3) The Township Mayor and Council, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Township Engineer, or reject any or all of these bonded improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to § 165-49B above. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Mayor and Council, the developer shall be released from all liability pursuant to its performance guarantee with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the total performance guarantee and safety and stabilization guarantee posted may be retained to ensure completion and acceptability of all improvements. The safety and stabilization guarantee shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction.

(a) For the purpose of releasing the developer from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to § 165-49B above, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the Township may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the Township below 30%.

(4) If the Township Engineer fails to send or provide the list and report as requested by the developer pursuant to § 165-49I(1) above within 45 days from receipt of the request, the developer may apply to the court in a summary manner for an order compelling the Township Engineer to provide the list and report within a stated time and the cost of apply to the court, including reasonable attorney's fees may be awarded to the prevailing party.

(5) If the Township Mayor and Council fails to approve or reject the bonded improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the developer may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to § 165-49B above; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

(6) In the event that the developer has made a cash deposit with the Township or approving authority as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee, provided that if the developer has furnished a safety and stabilization guarantee, the Township may retain cash equal to the amount of the remaining safety and stabilization guarantee.

(7) If any portion of the required bonded improvements is rejected, the approving authority may require the developer to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this section, shall be followed.

(8) Irrevocable letters of credit and bonds, if any, shall be released first; cash shall be released last.

(9) Nothing herein shall be construed to limit the right of the developer to contest by legal proceedings any determination of the Township Mayor and Council or the Township Engineer.

J. Inspections.

(1) The developer shall reimburse the municipality for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements; provided that the municipality 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. For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the developer, be paid 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 50% of the anticipated inspection fees.

(2) 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.

(a) Failure of the developer to deposit the additional funds in escrow may subject the developer to a stop-work order and/or suspension of construction permits.

(3) Any improvement installed contrary to the approved plan(s) or plat(s) shall constitute just cause to void the approval(s).

(4) Any improvement installed without compliance with § 165-49J(3) above shall constitute just cause for:

(a) Removal of the uninspected improvement;

(b) The payment by the developer of any costs for material testing;

(c) The restoration by the developer of any improvements disturbed during any material testing; and/or

(d) The issuance of a stop-work order by the Township Engineer pending the resolution of any dispute.

(5) Inspection by the Township of the installation of improvements and utilities shall not operate to subject the Township of Clinton to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter; it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the owner and his contractor, if any.

(6) In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-38, the provisions of this section shall be applied by stage or section.

(7) To the extent that any of the improvements have been dedicated to the Township on the subdivision plat or site plan, the Township Mayor and Council shall be deemed, upon the release of any performance guarantee required pursuant to § 165-49B above, 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.

(a) Prior to such acceptance, the developer shall also provide an affidavit stating that there are no liens or other legal encumbrances on any of the improvements or utilities proposed to be dedicated to the Township.

(b) Notwithstanding anything to the contrary herein, nothing shall prohibit the Township from formally accepting such improvements via ordinance in accordance with N.J.S.A. 40A:12-5 et seq.

(8) The approval of any application for development by the Township shall in no way be construed as acceptance of any street or drainage system, or any other improvement, nor shall such approval obligate the Township in any way to exercise jurisdiction over such street or drainage system or other improvement.

(9) No improvement shall be accepted by the Township unless and until all of the following conditions have been met:

(a) The Township Engineer shall have certified, in writing, that the improvements are completed and that they comply with the requirements of this chapter; and

(b) The owner shall have filed with the Township Mayor and Council a maintenance guarantee in accordance with § 165-49E above. The requirements for a maintenance guarantee may be waived by the Township Mayor and Council 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 owner has maintained the improvements in a satisfactory manner.

K. Successor developers/owners. If the property or any part of same is sold or otherwise conveyed to a successor developer prior to the completion and acceptance of all improvements, an assignment of developer's agreement, and new performance, maintenance or other guarantees shall be required from the new owner or successor developer. Upon the transfer of ownership of property that is the subject of a construction permit, and prior to the beginning or continuing work authorized by the construction permit, the new owner or successor developer shall file with the Construction Code Office an application for a permit update to notify the Construction Code Office of the name and address of the new owner or successor developer and of all other changes to information previously submitted to the Township. The Construction Code Office shall not approve the application for a permit update until it receives notification from the Township Mayor and Council or its designee that the new owner or successor developer has furnished adequate replacement performance, maintenance or other guarantees and the assignment of developer's agreement.

L. Start of construction. No construction shall commence until:

(1) The developer has entered into a developer's agreement with the Township in a form acceptable to the Township Attorney;

(2) The developer has paid all fees required by this chapter;

(3) All easements, dedications, conveyances, deed restrictions, licenses, agreements and manuals have been submitted to, reviewed and approved by the appropriate Township officials.

(4) The developer has received all other governmental permitted approvals required by the Board's resolution of memorialization granting subdivision or site plan approval;

(5) The developer has satisfied all conditions of approval required by the Board's resolution of memorialization granting subdivision and/or site plan approval and all changes required by the Board to the developer's subdivision and/or site plans have been filed with and approved by the Township Engineer;

(6) The developer's construction plans have been filed with and approved by the Township Engineer;

(7) The developer has held a predevelopment conference with the Township Engineer and the Hunterdon County Soil Conservation District for purposes inter alia of agreeing upon the anticipated construction schedule, procedure of construction, and any particular requirements of the Township Engineer; and

(8) The developer has furnished the Township the performance guarantees required by § 165-49B above.

§ 165-50 Final plat and final site plan.

A. Filing. Application for approval of a final plat or a final site plan shall be filed in accordance with Article VI and shall contain all the information prescribed in § 165-57 or 165-59, as the case may be, as well as all information indicated on Checklist No. 1 for determining completeness of application, as the case may be. Said application shall be filed within the period prescribed in § 165-38 and may be for the whole or a section or sections of the preliminary plat or site plan, as the case may be.

[Amended 7-23-1984 by Ord. No. 245-84; 4-27-2016 by Ord. No. 1084-16]

B. Following the report from the Subdivision and Site Plan Committee, if the Planning Board finds that the application is in substantial compliance with the provisions of this chapter, it shall schedule a hearing on the application, following the procedures in § 165-8.

C. If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of the hearing, an amended application shall be submitted and proceeded upon as in the case of the original application. The Planning Board shall, if the proposed application complies with this chapter, together with any conditions imposed by the Board, grant final approval.

D. Prior to granting approval to a final plat, the following conditions shall be met:

(1) In a development served by public water, hydrants are to be located and fire flows are to be such that they meet the minimum standards of the Insurance Services Office of New Jersey, and certification to that effect from that agency shall be submitted.

(2) Domestic water supplies for each house shall have a residual pressure in the water main in front of the dwelling of not less than 30 pounds per square inch. Certification to that effect from either the serving utility or the Insurance Services Office of New Jersey shall be submitted.

E. Effect of final approval.

(1) The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 165-46D(1), whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that, in the case of major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in Subsection E hereof. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in Subsection F, the Planning Board may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 165-46D for the section granted final approval.

(2) In the case of a subdivision or site plan for a planned unit development or residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the Planning Board may grant the rights referred to in Subsection D(1) of this section for such 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.

F. Recording of final plat.

(1) 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 Planning Board 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.

(2) No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by the Planning Board as indicated on the instrument by the signatures of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to P.L. 1975, c. 291.[1] The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guaranties required pursuant to § 165-46. If the county recording officer records any plat without such approval, such recording shall be deemed null and void.

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

G. Filing and return of prints. After final approval, one translucent tracing and one cloth print shall be filed with the Township Clerk. The original tracing and one cloth print shall be returned to the subdivider.

H. No construction permit shall be issued until final subdivision approval by the Planning Board of the final plat and said plat has been properly filed with the County Clerk within the time or extended time required by Subsection F of this section. Proof of the filing shall be submitted to the Planning Board Secretary prior to issuance of a building permit.

I. Construction permits for site plans. No construction permit in connection with a site plan shall be issued prior to final site plan approval. No certificate of occupancy in connection with a site plan shall be issued until final site plan approval is granted by the approving authority.

[Amended 9-23-2009 by Ord. No. 994-09]

J. Temporary certificate of occupancy. The Construction Official may grant a temporary certificate of occupancy in accordance with the provisions of the Uniform Construction Code,[2] specifically N.J.A.C. 5:23-2.23 and 5:23-2.24.

[Amended 12-22-2008 by Ord. No. 974-08]

[2] Editor's Note: See Ch. 97, Construction Codes, Uniform.

K. Certificates showing approval.

(1) The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision three years preceding the effective date of this chapter, may apply in writing to the Clerk of the Planning Board for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.

(2) The Clerk of the Planning Board shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said Clerk shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.

(3) Each such certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:

(a) Whether there exists in said municipality a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of this Act.

(b) Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof, showing that subdivision of which the lands are a part is a validly existing subdivision.

(c) Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this chapter.

§ 165-51 Final planned development plan.

[Amended 7-23-1984 by Ord. No. 245-84; 4-27-2016 by Ord. No. 1084-16]

The procedure for review of a final planned development plan shall be the same procedure as for a final plat or site plan, or both, as the case may be, as prescribed above, according to the nature of the planned development. An application for approval of a final planned development plan shall include all information indicated on Checklist No. 3 for determining completeness of application.

§ 165-52 General development plans.

[Added 5-27-1993 by Ord. No. 516-93]

A. General development plans, submission and time for decision.

(1) Submission. Any developer of a parcel of land greater than 100 acres in size for which the developer is seeking approval of a planned development pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) may submit a general development plan to the Planning Board prior to the granting of preliminary approval of that development by the Planning Board pursuant to Section 34 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-46) or Section 36 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-48).

(2) Time for decision. The Planning Board shall grant or deny general development plan approval within 95 days after submission of a complete application to the administrative officer, or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute general development plan approval of the planned development.

B. Contents of the general development plan.

(1) The general development plan shall set forth the permitted number of dwelling units, the amount of nonresidential floor space, the gross residential density, and the nonresidential floor area ratio for the planned development, in its entirety, according to a schedule which sets forth the timing of the various sections of the development in a chronological sequence of events as described in Subsection B(3)(k) below.

(2) The planned development shall be developed in accordance with the general development plan approved by the Planning Board, notwithstanding any provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), or an ordinance or regulations adopted pursuant thereto after the effective date of the approval.

(3) A general development plan shall include, but is not limited to, the following:

(a) A general land use plan at a scale of not less than one inch equals 100 feet or such other scale permitting the entire site to be shown on one sheet. Enlargement of portions of the plan may be submitted on separate sheets of the same size. The plan shall indicate the tract area and general locations of the land uses to be included in the planned development. The total number of dwelling units and amount of nonresidential floor area to be provided and proposed land area to be devoted to residential and nonresidential uses to be included in the planned development shall be set forth, and the land area to be occupied by each proposed use shall be estimated. The gross density and intensity of use of the entire planned development shall be set forth, and a residential density and a nonresidential floor area ratio shall be provided.

(b) A circulation plan showing the general location and types of transportation facilities, including a general description of proposed improvements for pedestrian access, within the planned development and any proposed improvements to the existing transportation system outside the planned development. The circulation plan shall be accompanied by a traffic impact report and the applicant shall be responsible for off-site traffic improvements in accordance with N.J.S.A. 40:55D-42 and municipal ordinances that govern same. In addition, the plan shall incorporate traffic demand management measures as specified in § 165-199G(4).

(c) An open space plan showing the proposed land area and general location of parks and any other land area to be set aside for conservation and recreational purposes and a general description of improvements proposed to be made thereon, including a plan for the operation and maintenance of parks and recreational lands. The open space plan shall be accompanied by a timing schedule evidencing when open space areas will be set aside and when construction of recreational amenities will commence and be completed.

(d) A utility plan showing the need for and showing the proposed location of sewage and water lines, any drainage facilities necessitated by the physical characteristics of the site, proposed methods for handling solid waste disposal, and a plan for the operation and maintenance of proposed utilities.

(e) A stormwater management plan setting forth the proposed method of controlling and managing stormwater on the site and off site (if applicable).

(f) An environmental inventory and assessment in accordance with the Township's environmental impact statement requirements (§ 165-72), including a general description of the vegetation, soils, topography, geology, surface hydrology, climate, and cultural resources of the site, existing or man-made structures or features and the probable impact of the development on the environmental attributes on the site.

(g) A community facility plan indicating the scope and type of supporting community facilities which may include, but not be limited to educational, or cultural facilities, historic sites, libraries, hospitals, firehouses, municipal buildings, and police stations.

(h) A housing plan outlining the number of housing units to be provided and the extent to which any housing obligation assigned to the municipality pursuant to P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.) will be fulfilled by the development.

(i) A local service plan indicating those public services which the applicant proposes to provide and which may include, but not be limited to, water, sewer, cable, solid waste disposal, including separation and recycling of recyclable materials. The plan shall also indicate anticipated ownership and responsibilities for these facilities.

(j) A fiscal report describing the anticipated demand on municipal services to be generated by the planned development and any other financial impacts to be faced by the municipality or school district as a result of completion of the planned development. The fiscal report shall also include a projection of property tax revenues which will accrue to the county, municipality and school district according to the timing schedules provided under Subsection B(3)(k) below, and following completion of the planned development in its entirety.

(k) A proposed development schedule in the case of a planned development where construction is contemplated over a period of years, including any terms or conditions which are intended to protect the interests of the public and of the residents who occupy any section of the planned development prior to the completion of the project in its entirety. The development schedule referred to herein need not be a schedule of specific dates but can be a series of sequential events that provides for a logical progression of the build-out and completion of the project in coordination with any on-site and off-site improvements required by the Planning Board of the municipality.

(l) A municipal development agreement, which means a proposed written agreement between the municipality and the applicant relating to the planned development.

C. Terms and duration of approval.

(1) The term and effect of the general development plan approval shall be determined by the Planning Board using the guidelines set forth in Subsection C(2) below, except that the term of the effect of the approval shall not exceed 20 years from the date upon which the developer receives final approval of the first section of the planned development pursuant to P.L. 1975, c.291 (N.J.S.A. 40:55D-1 et seq.);

(2) In making its determination regarding the duration of the effect of approval of the development plan, the Planning Board shall consider the number of dwelling units or amount of nonresidential floor area to be constructed, prevailing economic conditions, the timing schedule to be followed in completing the development and the likelihood of its fulfillment, the developer's capacity of completing the proposed development, and the contents of the general development plan and any conditions which the Planning Board attaches to the approval thereof. However, the Planning Board, in establishing the timing schedule pursuant to § 165-52B(1)(k) and the municipality in negotiating the development agreement pursuant to § 165-52B(1)(l) hereof, may allow for application for preliminary approval for section(s) of the planned development subsequent to the five year limitation of N.J.S.A. 40:55D-45.7(b). The municipality shall not have cause to terminate the general development plan approval as long as the timing schedule and the development agreement allowing section by section preliminary approvals subsequent to the five-year period are being met.

D. Modification of proposed development schedule.

(1) In the event that the developer seeks to modify the proposed development schedule, such modification shall require the approval of the Planning Board. The Planning Board shall, in deciding whether or not to grant approval of the modification, take into consideration prevailing economic and market conditions, anticipated and actual needs for residential units, and nonresidential space within the municipality and the region, and the availability and capacity of public facilities to accommodate the proposed development.

(2) The developer shall gain the prior approval of the Planning Board if, after approval of the general development plan, the developer wishes to make any variation in the location of land uses within the planned development or to increase the density of residential development or the floor area of nonresidential development in any section of the planned development; provided, however, that the Planning Board, in approving the location of land uses, density, and floor area ratio in any section, may allow reasonable variations from the development plan within specific ranges incorporated in the approved development plan which changes are in accordance with the Zoning Ordinance[1] and do not adversely affect the proposed infrastructure or other basic elements of the development plan.

[1] Editor's Note: See Part 7, Zoning Regulations, of this chapter.

E. Amendments, revisions, and allowable reductions.

(1) Except as provided in Subsection E(2) below, once a general development plan has been approved by the Planning Board, it may be amended or revised by the Planning Board upon application of the developer.

(2) A developer, without violating the terms of the general development plan approval granted by the Planning Board, may, in undertaking any section of the planned development, reduce the number of residential units or amounts of nonresidential floor space in the section in question by no more than 15%; provided, however, that a developer may not reduce the number of residential units to be provided pursuant to P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.) without prior municipal approval.

F. Notice of completion; Nonfulfillment, termination of approval.

(1) Upon the completion of each section of the development as set forth in the approved general development plan, the developer shall notify the administrative officer of the municipality, by certified mail, as evidence that the developer is fulfilling his obligations under the approved plan. For purposes of this section, "completion" of any section of the development means that the developer has acquired a certificate of occupancy for every residential unit or every nonresidential structure as set forth in the approved general development plan and pursuant to Section 15 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-133). If the municipality does not receive such notification at the completion of any section of the development, the municipality shall notify the developer, by certified mail, in order to determine whether or not the terms of the approved plan are being complied with.

(2) If the developer does not complete any section of the development within the time required in the Planning Board's approval of the general development plan, or if at any time the municipality has cause to believe that the developer is not fulfilling his obligations pursuant to the approved plan, the municipality shall notify the developer, by certified mail, and the developer shall have 10 days within which to give evidence that he is fulfilling his obligations pursuant to the approved plan. The municipality shall thereafter conduct a hearing to determine whether or not the developer is in violation of the approved plan. If, after such a hearing, the municipality finds good cause to terminate the approval, it shall provide written notice of same to the developer and the approved plan shall be terminated 30 days thereafter.

(3) In the event that a developer who has a general development plan approval does not apply for preliminary approval for the planned development which is the subject of the general development plan approval within the time provided in the developer's agreement or within five years of the date upon which the general development plan has been approved by the Planning Board (whichever is later), the municipality shall have cause to terminate the approval, unless an extension is agreed upon by the mutual consent of the applicant and the municipality.

G. Termination of approval upon completion. In the event that a development plan is completed before the end of the term of approval, the approval shall terminate upon the completion of the development. For purposes of this section, a development shall be considered complete on the date upon which certificate of occupancy has been issued for the final residential or nonresidential structure in the last section of the development in accordance with the timing schedule set forth in the approved general development plan and the developer has fulfilled all of his obligations pursuant to the approval.

§ 165-53 Procedure for tenancy review.

[Amended 5-27-1993 by Ord. No. 516-93]

A. The Zoning Officer is the appropriate administrative official to serve as the lead official in the review of proposed uses for compliance with the conditions of site plan approval and the ordinance.

B. Prior to the issuance by the Construction Official of a building permit for interior finishing or a continuing certificate of occupancy, the applicant shall submit to the Construction Official a statement of zoning approval from the Zoning Officer indicating that the proposed use is consistent with the conditions of site plan approval and the ordinance and that additional site plan review is not required.

C. The applicant shall submit four copies of the information required in § 165-53E to the Zoning Officer. The Zoning Officer may refer the application to the Township's engineer, planner, and/or wastewater consultant, for consultation in making his determination as to the consistency of the proposal with the Zoning Ordinance and approval. Additional information may be required if it is deemed essential to making a determination of zoning approval. The Zoning Officer shall make his determination within 15 days of the receipt of a completed application containing the information required in § 165-53E.

D. If the Zoning Officer determines that the proposed use is not consistent with the Zoning Ordinance and approval, then the applicant shall be so notified in writing, with the reason(s) for disapproval noted. The applicant may then seek other administrative remedies, including application to the Planning Board for amended site plan approval or application to the Zoning Board of Adjustment for an interpretation or variance.

E. The applicant shall submit a building plan showing the location of the proposed use, along with the following information:

(1) Name, address, and telephone number of property owner, applicant and proposed tenant.

(2) Block and lot number of the proposed use.

(3) Description of proposed use, including square footage devoted to differing uses (office, manufacturing, etc.), and an identification of the ordinance section and/or approval condition with which the proposed use complies.

(4) Existing use, if any, including square footage devoted to differing uses.

(5) Description of raw materials or original materials from which products are to be manufactured.

(6) Description of proposed machinery operation, products, by-products, and processes to be contained on the site.

(7) Estimate of daily water consumption, and the volume and nature of sewage, waste and water to be disposed of and descriptions of water supply and sewage treatment facilities.

(8) Statement of the anticipated number of shifts and number of employees per shift.

(9) Requirements for parking and loading areas, in accordance with ordinance and approval.

F. The Zoning Officer and Planning Board shall maintain a file for each site plan approval involving tenancy review. One copy of each application referred to in § 165-53C shall be maintained in the file, along with the record of actions taken by the Zoning Officer. Where the Resolution of Approval specified a limit on the type and mix of uses in a project, the file shall include an ongoing accounting of the current mix of uses in a project.