[Amended 8-23-2022 by Ord. No. 5739]
There is hereby established in connection with various applications for development and other matters which are the subjects of this chapter the following schedule of fees:
A. 
Subdivisions and site plans.
(1) 
Each application for subdivision or site plan approval shall be accompanied by both a filing fee and a technical review fee as provided below. The filing fee is a nonreturnable flat fee to cover administrative expenses. The technical review fee is established to cover the costs of legal, engineering and other professional service connected with the review of the application. Each deposit for technical review fees shall be held by the Township in a trust account separate from the general funds of the Township and separate from any other such account. Sums not utilized in the review process shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified as to the required additional amount and shall add such sum to the trust account.
[Amended 10-8-2024 by Ord. No. 5829]
Type of Application
Filing Fee
Technical Review Fee
Concept plan
$100
$100
Grading plan
$750
Minor subdivision
Simple lot line change
$150
$1,500
Other
$250, plus $50 per lot
$2,000
Major subdivision
Preliminary plat
$500, plus $50 per lot
$2,500 plus $100 per lot
Final plat
$250, plus $25 per lot
$1,000 plus $50 per lot
Site plans
Minor (Nonresidential)
$250, plus $50 per 1,000 square feet of gross nonresidential floor area
$40 per 100 square feet of floor area or fraction thereof; with a total minimum fee of $2,000
Major preliminary (conventional)
$350, plus $50 per 1,000 square feet of gross nonresidential floor area
$30 per 1,000 square feet of lot area or fraction thereof; $30 per 1,000 square feet of floor area or fraction thereof; with a total minimum fee of $2,000
Major final (conventional)
$250, plus $25 per 1,000 square feet of gross nonresidential floor area
$30 per 1,000 square feet of lot area; $30 per 1,000 square feet of floor area, with total minimum fee of $1,000
Preliminary (multifamily)
$350, plus $50 per unit
$200 per dwelling unit, with a total minimum fee of $2,000
Final (multifamily)
$250, plus $25 per unit
$100 per dwelling unit, with a total minimum fee of $1,000
Variance application (residential)
$250
$1,500
Site plan waiver
$500
$1,000
(2) 
Requests for concurrent approvals: combined fees.
B. 
Conditional uses: $150, plus applicable subdivision or site plan fee.
C. 
Variances and appeals.
(1) 
Appeals from decisions of a Construction Code Official or Zoning Official pursuant to § 170-409: $200.
(2) 
Interpretation of Zoning Map or zoning regulations or for decisions on other special questions pursuant to § 170-408B: $300.
(3) 
Variances pursuant to § 170-408C from lot area, lot dimensional, setback and yard requirements: $200 per variance.
(4) 
Variances from use regulations pursuant to § 170-408D: $400.
(5) 
Direction pursuant to § 170-408F(1) for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on an Official Map: $250.
(6) 
Direction pursuant to § 170-408F(2) for issuance of a permit for a building or structure not related to a street: $200.
(7) 
The fees in Subsection C(1) through (6), inclusive, above shall be in addition to any applicable fee in connection with a subdivision or site plan as provided in Subsection A.
(8) 
Appeals to the Township Committee pursuant to § 170-508: $300.
(9) 
Copy of decision of governing body to an interested party in connection with an appeal pursuant to § 170-508: $50.
(10) 
Publication in newspaper of decision of governing body on an appeal pursuant to § 170-508: cost of publication.
D. 
Where one application for development includes more than one approval request, the sum of the individual required fees shall be paid.
E. 
If an applicant desires a certified court reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript to the Township shall be at the expense of the applicant, who shall also arrange for the reporter's attendance.
F. 
Applications for zone change or amendment to Land Development Chapter requests to the Planning Board shall be on an application form furnished by the Planning Board, which shall be accompanied by an application fee of $250. The Planning Board, at its discretion, may direct the furnishing of the technical review fee applicable to the specific request.
[Amended 8-23-2022 by Ord. No. 5739]
A. 
Installation of improvements or guaranty prior to grant of final subdivision approval. Prior to the filing of an application for final subdivision approval, the applicant shall have installed the improvements required under the supervision and inspection of the Township Engineer unless the applicant has furnished to the Township a performance guaranty in an amount approved by the Planning Board to assure the installation, on or before a date approved by the Board, of all improvements required for the whole or any section of the subdivision tract which are not already inspected and approved by the Township Engineer.
B. 
Installation of improvements or guaranty prior to grant of final site plan approval. Prior to the filing of an application for final site plan approval, the applicant shall have installed any on-tract or on-site improvements required under the supervision and approval of the Township Engineer unless the applicant has furnished the Township with a performance guaranty in an amount approved by the Planning Board to assure installation on or before a date approved by the Planning Board; provided, however, that the Planning Board may waive this requirement with respect to any improvements in which the public does not have sufficient interest to warrant such a guaranty in order to insure completion as a condition for issuance of a construction permit.
C. 
Amount of performance guaranty. The performance guaranty shall be in favor of the Township of Union in an amount equal to 120% of the cost of such improvements, as estimated by the applicant and approved by the Township Engineer. Ten percent of the performance guaranty shall be in the form of cash or a certified check made payable to "Township of Union." The governing body shall pass a resolution either approving or adjusting this performance guaranty. The performance guaranty shall be developed as noted below:
(1) 
Publicly dedicated improvements. Only publicly dedicated streets, pavement, gutters, curbs, sidewalks, streetlighting, street trees, surveyor monuments, water mains, sanitary sewers, community septic systems (not private septic systems), drainage structures, public improvements of open space, and any grading necessitated by any of the foregoing public improvements are to be included within the amount of the performance guaranty.
(2) 
Perimeter landscape buffers. The Township requires that perimeter landscape buffer be bonded. Such landscape buffer area shall be 15 feet wide along the property line consisting of a staggered, double row of six-foot-high evergreens. Landscaping that is located within the interior of the site that is privately owned and maintained shall not be bonded.
(3) 
Safety and stabilization cost. The cost may be posted as part of the performance guaranty or as a separate guaranty. The purpose is to provide the Township with a source of funds to protect the public from access to an unsafe or unstable condition on site. The amount of the guaranty is $5,000 when the bonded improvements are $100,000 or less. If the bonded improvements are over $100,000, then the amount is $5,000 for the first $100,000 and 2.5% of the bonded improvement cost in excess of $100,000 up to $1,000,000, plus 1% of the bonded improvement costs in excess of $1,000,000. This guaranty, if not included within the overall performance guaranty, must be released by the Township once the Township Engineer deems the site safe for public occupancy. Additionally, the Township can only call the safety/stabilization cost guaranty after site work has stopped for a period of 60 days or longer and the Township has sent a default notice via certified mail to the developer.
(4) 
Temporary certificate of occupancy (or "TCO") guaranty. Developers have the option of posting a TCO guaranty allowing them a TCO for the project. Upon posting a TCO guaranty, the Township shall release the existing performance guaranty or safety/stabilization cost guaranty leaving the TCO guaranty to bond just the improvements (detailed above) that have not yet been completed. The bond is held until a permanent certificate of occupancy is obtained. The Township Engineer will determine if a TCO can be issued based on the extent of the remaining bonded work needed to render the public space safe.
D. 
Ownership of utilities by other agencies. In the event that other governmental agencies or public utilities will automatically own the utilities to be installed or that the improvements are covered by a performance guaranty to another governmental agency, no performance guaranty shall be required by the municipality for such utilities or improvements; provided, however, that the municipality may require evidence that the developer has paid to any such other governmental agency or public utility any charges which are required for installation, including any refundable deposits.
E. 
Approval by attorney. The applicant shall present two copies of the performance guaranty for approval as to form and execution by the Attorney for the Township of Union. The Township Attorney for the Board shall notify the Secretary of the Planning Board prior to the meeting that the performance guaranty is properly executed and can be added to the agenda.
F. 
Guaranty completion date. The performance guaranty shall run for a term not to exceed two years from the date of final approval. With the consent of the principal and any surety, the time allowed for the completion of improvements may be extended by the governing body by resolution. The Planning Board shall have a thirty-day period in which to comment upon any proposed extension. As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation of the remaining improvements, as determined as of the time of the passage of the resolution.
G. 
Reduction in performance guaranty. The amount of a performance guaranty may be reduced in accordance with the provisions of N.J.S.A. 40:55D-53.
[Amended 8-23-2022 by Ord. No. 5739]
Prior to any construction and coincident with the furnishing of the performance guaranty by the developer, there shall be executed an agreement between the developer and the Township of Union, incorporating all of the terms and conditions of approval imposed by the Planning Board.
[Amended 8-23-2022 by Ord. No. 5739]
A. 
All improvements and utility installations shall be inspected during the time of their installation, under the supervision of the Township Engineer, to insure satisfactory completion. Upon construction of the foundation and prior to framing, the applicant shall submit an as-built survey of the foundation confirming that the first floor elevation is within three inches of the approved grading plan. The cost of said inspection shall be the responsibility of the owner, and he shall deposit with the Township Treasurer, for placement in a special trust fund account, a sum equal to 5% of the costs of the combined publicly dedicated site improvements that are the subject of the performance guaranty and the private site improvements that are not subject to the performance guaranty. If inspection costs exceed such fund, the owner shall deposit with the Township Treasurer additional sums upon written notice via certified mail from the Township Engineer explaining the reasons for additional inspection escrow. Inspections will not be interrupted when the escrow account is depleted. However, the developer must post the additional escrow within 10 days of being provided notice. The Township Treasurer shall return any balance of the inspection deposit to the owner upon expiration of the maintenance bond, together with the paid invoices for all expenses charged, except that the inspection fee shall in no case be less than $100.
[Amended 10-8-2024 by Ord. No. 5829]
B. 
In no case shall any paving work (including prime and seal coats) be done without permission from the Township Engineer's office. At least two days' notice shall be given to the Township Engineer's office prior to any such construction so that the person or a qualified representative may be present at the time the work is to be done.
C. 
The Township Engineer's office shall be notified after each of the following phases of the work has been completed so that the person or a qualified representative may inspect the work.
(1) 
Road subgrade.
(2) 
Curbs and gutters.
(3) 
Road paving.
(4) 
Sidewalks.
(5) 
Drainage pipes and other drainage structures before backfilling.
(6) 
Street name signs.
(7) 
Sanitary sewers and/or septic tanks.
(8) 
Handicap accessibility.
(9) 
Soil erosion and sediment control.
D. 
A final inspection of all improvements and utilities will be started within 10 days' notification by the subdivider to determine whether the work is satisfactory and in agreement with the approved final drawings and the Township specifications. The general conditions of the site shall also be considered. Upon a satisfactory final inspection report, action will be taken to release or declare in default the performance guaranty covering such improvements and utilities.
E. 
Inspection by the Township of the installation of improvements and utilities shall not operate to subject the Township to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during the 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 contractors, if any.
F. 
After completing the construction of the public improvements covered by the performance guaranty, the subdivider shall prepare a set of the approved public improvement and utility plans and the profiles on Mylar or linen amended to read "as-constructed" and apply to the Township Engineer for final inspection of the work. The Township Engineer shall report to the governing body on the condition of the work and recommend that the performance guaranty be released, extended or declared in default.
G. 
After completing the construction of the site improvements delineated on the approved final plan the applicant shall apply to the Township Engineer for final inspection and approval of the work. The applicant shall also file a written certification and two copies of an as-constructed site plan, prepared by a New Jersey licensed professional engineer or architect, indicating that all site improvements have been constructed in accordance with the approved plan, as follows:
I HEREBY CERTIFY ALL SITE IMPROVEMENTS DELINEATED HEREON HAVE BEEN CONSTRUCTED IN ACCORDANCE WITH THE APPROVED FINAL SITE PLAN WITH THE FOLLOWING EXCEPTION(S):
(None or List)
Signature
N.J. License No.
EMBOSSED SEAL
Date
[Amended 8-23-2022 by Ord. No. 5739]
The approval of any application for development by the Township shall be in no way construed as acceptance of any street or drainage system or any other improvement, nor shall such approval obligate the Township in any way to maintain or exercise jurisdiction over such street or drainage system or other improvement. No improvement shall be accepted by the governing body unless and until all of the following conditions have been met:
A. 
The Township Engineer shall have certified in writing that the improvements are complete and that they comply with the requirements of this chapter;
B. 
The final application for development shall have been approved by the Board; and
C. 
The owner shall have filed with the governing body a maintenance guaranty in an amount equal to not more than 15% of the original estimate of the cost of installing the bonded improvements, plus the cost of maintaining private stormwater management facilities (including basins, inflow and water quality structures within the basins, and the outflow pipes and structures). The maintenance guaranty shall run for a period of two years, at which point it will be automatically released. The procedures and requirements governing such maintenance guaranty shall be identical with the procedures and requirements for a performance guaranty set forth in this chapter. The requirements for a maintenance guaranty may be waived by the governing body 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.
[Amended 8-23-2022 by Ord. No. 5739]
A. 
Construction Code Official/Secretary of the Board of Adjustment. Except as otherwise herein provided, the Construction Code Official/Secretary of the Board of Adjustment of the Township shall administer and enforce the provisions of this chapter. No structure shall be erected until a construction permit is obtained from the Construction Code Official/Secretary of the Board of Adjustment, and no structure or lot shall be used in violation of this chapter. It shall be the duty of the Construction Code Official/Secretary of the Board of Adjustment to keep a record of all applications and all construction permits which are either issued or denied, with notations of any condition involved, which data shall form a part of the Township public records. A duplicate copy of all construction permits issued shall be filed with the Tax Assessor. It shall be the duty of the Construction Code Official/Secretary of the Board of Adjustment to inspect the structures and land in the Township and order the owner, in writing, to remedy any condition found to exist in violation of any provision(s) of this chapter.
B. 
Construction permits. Plans which have been submitted to and approved by the Planning Board or the Board of Adjustment must bear the stamp of approval of the appropriate agency and must be accompanied by an affidavit of no change when the application for a building permit is submitted to the Construction Code Official/Secretary of the Board of Adjustment. Every application for a construction permit shall be accompanied by four sets of plans drawn in ink or a blueprint showing the actual shape and dimensions of the lot to be built upon, the exact location, size and height of all existing and proposed structure(s), the existing or intended use of each structure, the number of dwelling units the structure is designed to accommodate, the number and location of off-street parking spaces and off-street loading areas and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. A construction permit shall be granted or denied within 10 days from the date of a complete application unless additional time is agreed upon, in writing, by the applicant. One copy of such plans shall be returned to the owner when such plans shall have been approved or denied by the Construction Code Official/Secretary of the Board of Adjustment, together with such permits as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on an actual survey of the lot by a licensed land surveyor in the State of New Jersey. The lot and the location of the structure(s) thereon shall be staked out on the grounds before construction is started. No construction permit shall be issued for any structure until prior site plan, subdivision and variance approvals as may be necessary have been granted by the appropriate municipal agency or municipal agencies in accordance with the provisions of this chapter.
C. 
Certificate of occupancy.
(1) 
It shall be unlawful to use or permit the use of any structure or part(s) thereof, either occupied by a new use or occupant or hereafter erected, altered, converted or enlarged, wholly or in part, until a certificate of occupancy shall have been issued by the Construction Code Official/Secretary of the Board of Adjustment. It shall be the duty of the Construction Code Official/Secretary of the Board of Adjustment to issue a certificate of occupancy only when he is satisfied that the structure or part(s) thereof and the proposed use conform to this chapter and all other applicable codes and ordinances of the Township. This section shall not be applicable to the resale of or transfer of existing one- or two-family residential dwellings.
(2) 
A certificate of occupancy shall be granted or denied, in writing, within 10 days from the date that a written notification is filed with the Construction Code Official/Secretary of the Board of Adjustment that the erection of the structure is completed, unless additional time is agreed upon by the applicant, in writing.
(3) 
Should the Construction Code Official/Secretary of the Board of Adjustment decline to issue a certificate of occupancy, his reason for doing so shall be so stated on two copies of the application, and one copy shall be returned to the applicant.
(4) 
Upon notices being served of any condition found to exist in violation of any provision(s) of this chapter with respect to any land use, the certificate of occupancy for such use shall thereupon, without further notice, be null and void, and a new certificate of occupancy shall be required for any further use of such structure or land.
(5) 
A duplicate copy of all certificates of occupancy shall be filed with the Tax Assessor. A record of all certificates of occupancy shall be kept in the office of the Construction Code Official/Secretary of the Board of Adjustment, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the structure or land affected. The charge for each copy shall be established by ordinance of the governing body, except that there shall be no charge to a municipal agency.
[Amended 8-23-2022 by Ord. No. 5739]
In case any building or structure is erected, constructed, reconstructed, altered, moved or converted or in case any building, structure or land is used, converted or constructed in violation of any resolution adopted by either the Planning Board or Board of Adjustment or in violation of or contrary to any provisions of this chapter, the Township may institute an action to enjoin or any other appropriate action or proceeding to prevent such erection, construction, reconstruction, alteration, conversion or use. However, nothing in this chapter shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
[Amended 8-23-2022 by Ord. No. 5739]
A. 
Any person, firm or corporation that shall violate any provisions of this chapter shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be fined such sum not exceeding $1,000 as such court, in its discretion, may impose, or, if the party so convicted is a natural person, such person may be imprisoned for such term not exceeding 90 days as such court, in its discretion, may impose or be fined a sum not exceeding $1,000, as such court, in its discretion, may impose, or such natural person may be both imprisoned and fined, not exceeding the maximum limits set forth herein, as such court, in its discretion, may impose. Each day that such violation exists shall constitute a separate offense.
B. 
The owner of any building or structure, lot or land, or part thereof, and/or the tenant or occupant of any building or structure, lot or land, or part thereof, where anything in violation of this chapter shall be placed or shall exist or be suffered, allowed or permitted to exist, and any architect, builder, developer, contractor, agent, person or corporation engaged in connection therewith and who assists in the commission of any such violation, shall each be guilty of a separate violation and, upon conviction thereof, shall each be liable to the fine or imprisonment, or both, specified above.