These rules, regulations and standards shall
be considered the minimum requirements for the protection of the public
health, safety and welfare of the citizens of the Township of Colts
Neck. Any action taken by the Planning Board and Zoning Board of Adjustment
under the terms of this chapter shall give primary consideration to
the requirements of this chapter and to the welfare of the entire
community.
All provisions of this chapter may be amended
in accordance with applicable laws in effect at the time of the amendment.
Nothing in this act shall be construed to restrict
the right of any party to obtain a review by any Court of competent
jurisdiction according to law.
A.
Establishment and composition.
(1)
A Zoning Board of Adjustment is hereby established
pursuant to N.J.S.A. 40:55D-69 et seq., as amended, consisting of
seven residents of the Township of Colts Neck, appointed by the Mayor,
to serve terms of four years from January 1 of the year of their appointment.
The terms of the members first appointed shall be so determined that,
to the greatest practicable extent, the expiration of such terms shall
be distributed evenly over the first four years after their appointment,
provided that the initial term of no member shall exceed four years.
Thereafter, the term of each member shall be for four years. Nothing
in this chapter shall, however, be construed to affect the term of
any present member of the Zoning Board of Adjustment, all of whom
shall continue in office until the completion of the term for which
they were appointed. The Zoning Board of Adjustment shall, furthermore,
consist of two alternate members, who shall be appointed by the Mayor
and who shall be designated at the time of appointment by the Mayor
as Alternate No. 1 and Alternate No. 2, respectively. The individual
first appointed as Alternate No. 1 shall serve for a term of one year.
The individual first appointed as Alternate No. 2 shall serve for
a term of two years. Thereafter, both Alternate No. 1 and Alternate
No. 2 shall each serve for terms of two years.
(2)
No member of the Zoning Board of Adjustment may hold
any elective office or position under the Township.
(3)
A vacancy occurring otherwise than by expiration of
term shall be filled for the unexpired term only.
(4)
If the Board of Adjustment lacks a quorum because
any of its regular or alternate members is prohibited by Section 56
of P.L. 1975, c. 291 (N.J.S.A. 40:55D-69), from acting on a matter
due to the member's personal or financial interest therein, Class
IV members of the Planning Board shall be called upon to serve, for
that matter only, as temporary members of the Board of Adjustment.
The Class IV members of the Planning Board shall be called upon to
serve in order of seniority of continuous service to the Planning
Board until there is the minimum number of members necessary to constitute
a quorum to act upon the matter without any personal or financial
interest therein, whether direct or indirect. If a choice has to be
made between Class IV members of equal seniority, the Chairman of
the Planning Board shall make the choice.
B.
Zoning Board of Adjustment authority.
(1)
No variance or other relief may be granted under the
provisions of this section unless such variance or other relief can
be granted without substantial detriment to the public good and will
not substantially impair the intent and purpose of the zoning plan
and the zoning provisions of this chapter.
(2)
The Zoning Board of Adjustment shall have such powers
as are granted by law to:
(a)
Hear and decide, by majority vote, appeals where
it is alleged by the appellant that there is error in any order, requirement,
decision or refusal made by an administrative officer based on or
made in the enforcement of this chapter. Such appeal shall be taken
within 20 days by filing a notice of appeal with the officer from
whom the appeal is taken, specifying the grounds of such appeal. The
officer from whom the appeal is taken shall immediately transmit to
the Board all the papers constituting the record upon which the action
appealed from was taken.
(b)
Hear and decide, by majority vote, requests
for interpretation of the Zoning Map or the zoning provisions of this
chapter or for decisions upon other special questions upon which such
Board is authorized by this chapter to pass.
(c)
Hear and decide, by majority vote, to grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulations so as to relieve such difficulties or hardship where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to Part 3 herein would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property; and where, in an application relating to a specific piece of property, the purposes of this chapter would be advanced by a deviation from the zoning provisions of this chapter and the benefits of the deviation would substantially outweigh any detriment, to grant a variance to allow departure from regulations pursuant to Parts 3 and 4 herein; provided, however, that no variance from those departures enumerated in Subsection B(2)(d) of this section be granted under this subsection; and provided, further, that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to N.J.S.A. 40:55D-60a, as amended.
(d)
Hear and decide particular cases and, for special reasons, to grant a variance to allow departure from regulations pursuant to Parts 3 and 4 herein to permit a use or principal structure in a district restricted against such use or principal structure; an expansion of a nonconforming use; deviation from a specification or standard pursuant to § 102-11 herein, pertaining solely to a conditional use; an increase in the permitted floor area ratio as defined in § 102-87, an increase in the permitted density as defined in Parts 3, 4 and 5 herein, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision; or a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under this subsection shall be granted only by affirmative vote of at least five members. If an application for development requests one or more variances but not a variance for a purpose enumerated in this Subsection B(2)(d), the decision on the requested variance or variances shall be rendered under Subsection B(2)(c) of this section.
(e)
Direct the issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood-control basin or other public area reserved on an adopted Official Map whenever one or more parcels of land located in these areas cannot yield a reasonable return to the owner unless a construction permit is granted, provided that the approval given will, as little as practicable, increase the cost of opening such street or tend to cause minimum change to the Official Map, and the Board shall impose reasonable requirements as a condition of granting the permit so as to promote the health, morals, safety and general welfare of the public by an affirmative vote of a majority of the full authorized membership of the Board per N.J.S.A. 40:55D-34 of the Municipal Land Use Law, as amended. The Board of Adjustment shall not exercise the power otherwise granted by this subsection if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit pursuant to Subsection b of Section 47 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-60).
(f)
Direct the issuance of a permit for a building or structure not related to a street where the denial of the permit would entail practical difficulty or unnecessary hardship or the circumstances do not require the building or structure to be related to a street, except that the issuance of such a permit shall be subject to conditions that will provide adequate access for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and subject to conditions that will protect any future street layout shown on the Official Map or on a general circulation plan element of the Master Plan pursuant to N.J.S.A. 40:55D-36 of the Municipal Land Use Law, as amended. The Board of Adjustment shall not exercise power otherwise granted by this subsection if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit pursuant to Subsection c of Section 47 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-60).
C.
Any application under any subsection of this section
may be referred to any appropriate person or agency for its report,
provided that such reference shall not extend the period of time within
which the Zoning Board of Adjustment shall act.
[Amended 5-25-2005]
D.
Time for decision. The Zoning Board of Adjustment shall render its decision not later than 120 days after the date an appeal is taken from the decision of an administrative officer or not later than 120 days after the submission of a complete application, checklists and other required plats and documentation to the Zoning Board of Adjustment and certification of the same as complete by the administrative officer. Failure of the Board to render a decision within such 120 days' period, and certification of the same as complete by the administrative office, or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant. See also § 102-4, the definition of "Complete application for purpose of determining time period for action."
E.
In the granting of a variance under Subsection B(2)(c) of this section, a time limit of one year from the date of the variance approval shall be set, within which time the owner shall secure a construction permit, otherwise the variance granted shall be null and void. This time limit may be extended by the approving authority for good cause shown but shall not exceed three one-year extensions.
[Amended 5-28-2014[1]]
[1]
Editor's Note: This ordinance provided that it take effect
on 7-1-2014.
F.
Granting of variances; public hearing and notice.
(1)
Whenever an applicant shall request a variance under Subsection B(2)(d) of this section, the Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restriction as the Planning Board, subdivision, site plan or conditional use approval in conjunction with its action on the variance and may impose restrictions on the subdivision, site plan or conditional use application in the same manner as the Planning Board. The developer may elect to submit a separate application requesting approval of the variance and subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of a variance shall be conditioned upon the granting of all required subsequent approvals by the Zoning Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zoning plan and the zoning provisions of this chapter. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this subsection for the approval in question, and the special vote pursuant to Subsection B(2)(d) of this section shall not be required. Whenever a variance is granted pursuant to this subsection along with subdivision and/or site plan approval, the period of time to commence the development approved by the Zoning Board shall be the same as the period of time for other rights conferred upon the applicant by such subdivision or site plan approval.
[Amended 5-25-2005]
(2)
Whenever an application for development requests relief
pursuant to this subsection, the Zoning Board of Adjustment shall
grant or deny approval of the application within 120 days after submission
by a developer of a complete application and certification of the
same as complete by the administrative officer or within such further
time as may be consented to by the applicant. In the event that the
developer elects to submit separate consecutive application, the aforesaid
provisions shall apply to the application for approval of the variance.
The period for granting or denying any subsequent approval shall be
as otherwise provided in these development regulations.
(3)
Public notice for a variance public hearing under
this subsection shall list all of the approvals requested, including,
but not limited to, site plan, subdivision and/or conditional use.
H.
To be considered for discussion at a regular meeting
of the Zoning Board of Adjustment, the application and supporting
documents, including required plats, checklist(s), W-9 taxpayer's
identification number and certification, developer's escrow agreement,
hold harmless indemnification, Architectural Review Committee form,
plot plan drawing, to scale, showing the proposed land improvement
as well as all existing site improvements, including building, signs,
driveway parking areas, pool, sheds, patio, etc., floorplans and elevations
of all existing and proposed buildings and all other information required
under the provisions of this chapter, and certification from the Township
Tax Collector stating that all taxes levied against the property in
question have been paid to date, together with the fee, shall be submitted
to the administrative officer at least 10 working days prior to the
meeting and in the following quantities:
[Amended 3-28-2012]
I.
Annual report on variances heard by Zoning Board.
The Board of Adjustment shall, at least once a year, review its decisions
on applications and appeals for variances and prepare and adopt by
resolution a report of its findings on zoning ordinance provisions
which were the subject of variance requests and its recommendations
for zoning ordinance amendment or revision, if any. The Board of Adjustment
shall send copies of the report and resolution to the governing body
and Planning Board.
A.
No development shall take place in the Township of
Colts Neck except in conformance with this chapter.
B.
All zoning site and subdivision requirements of this
chapter shall be met at the time of occupancy, subdivision, use, development,
improvement, construction, reconstruction, erection, enlargement,
moving or change of use of land or structures or any change in any
aspect covered by this chapter and shall apply to the entire structure(s)
and lands, whether or not the entire structure, structures, site or
lands are involved.
C.
All developments resulting from subdivision and site
plan approvals shall comply with all the design and performance standards
of this chapter, including conditions imposed by the approving authority
as shown on the approved plat and/or included in the resolution adopted
by the approving authority.
Regulation of the development of land and the
attachment of reasonable conditions to development applications is
an exercise of valid police power delegated by the state to this Township.
The applicant has the duty of compliance with reasonable conditions
laid down by the approving authority for design, dedication, improvements
and the use of the land so as to conform to the physical and economical
development of the Township and to the safety and general welfare
of the future residents and/or owners in the development and in the
community at large. Where County Planning Board review or approval
is required on a subdivision or site plan, the approving authority
shall condition any approval it grants upon either timely receipt
of a favorable report by the County Planning Board or approval by
the County Planning Board due to its failure to submit a report within
the required time period. If the county's report is negative or attaches
conditions which the local Board desires to reflect in its approval,
the local Board may declare its original approval null and void and
adopt a new resolution at its next regular meeting.
A.
Before any approval shall be granted for a conditional
use, application(s), with checklist(s), shall be made to the approving
authority at least 10 days prior to a regular meeting. The approving
authority shall grant or deny the application after public hearing
but within 95 days of certification of a complete application by the
administrative officer or within such further time as may be consented
to by the applicant. Where a conditional use application involves
a major site plan or a major subdivision, notice of the public hearing
shall include reference to all matters being heard, and the approving
authority shall review and approve or deny the subdivision or site
plan simultaneously with the conditional use application.
C.
Professional office buildings in the D Distillery and Bottling Plant
District.
[Added 5-14-2014]
(1)
Professional office buildings may be permitted as a conditional use
in the D Distillery and Bottling Plant District, provided that the
use and/or structures shall adhere to the following.
(2)
Purpose.
(a)
The purpose of professional office buildings in the D Distillery
and Bottling Plant District is to foster a traditional small-town
scale of development and to minimize large-scale office parks, strip
commercial development, regional shopping centers or large trip-generating
uses. It is the intent to require maximum attention to proper site
design, including the size and locations of structures and parking
areas, proper ingress and egress, and developing an internal street
system. Professional office buildings shall be designed to minimize
impacts to natural resources and environmentally sensitive features,
be compatible with natural foliage, soils, contours and drainage patterns,
and avoid visual intrusion and performance nuisances upon adjacent
properties.
(b)
When professional office complex development occurs, it should
be designed to achieve the following planning principles:
[1]
Creation of a small-scale development found in traditional neighborhood
commercial districts.
[2]
Provide open space for civic functions, screening of the development
and preserving environmentally sensitive features.
[3]
Use of small building footprints and multiple buildings rather
than large buildings.
[4]
Establish a harmony in building materials, colors, windows,
rooflines, signage, lighting, fencing and other improvements by sharing
a common colonial architectural theme.
[5]
Buildings should follow a traditional colonial form. Emphasis
should be placed on facade details. Doors and windows should contain
transoms, side lights, fan lights, keystones, decorative lintels,
shutters and awnings. Building facades should contain columns, cornices,
quoins, dentils, medallions, pilasters and porticos.
[6]
Promote pedestrian circulation throughout the professional office
buildings to allow travel from one building to another without the
use of automobiles. A pedestrian realm lined with landscaping should
be established along roads, access aisles and parking areas. Sidewalks,
paths, crosswalks and other pedestrian areas should consist of brick
or pavers laid in decorative patterns.
(3)
Yard, building and site plan requirements.
(c)
Minimum principal and accessory side setback: 75 feet.
(d)
Minimum principal and accessory rear setback: 75 feet.
(f)
Maximum building coverage: 10%.
(g)
Maximum gross floor area per building: 10,000 square feet.
(h)
Professional office buildings in the D Distillery and Bottling Plant District shall be subject to the area, yard and site plan requirements of § 102-109E.
(i)
Professional office buildings shall be subject to the off-street parking requirements of § 102-109F.
(j)
A landscaping buffer a minimum of 200 feet deep shall be established
along County Route 537, a minimum buffer of 50 feet from Laird Road,
and 40 feet from all surrounding properties. A minimum of 30% of the
landscape buffer shall be planted with trees that will be at least
40 feet in height at maturity.
D.
Flex space in the D Distillery and Bottling Plant District.
[Added 5-14-2014]
(1)
Purpose. The purpose of permitting flex space is to fulfill a need
that serves local small businesses with a low-intensity use without
detriment to surrounding properties.
(2)
Flex space may be permitted as a conditional use in the D Distillery
and Bottling Plant District, provided that the use and/or structures
shall adhere to the following.
(a)
The use and/or structures shall adhere to the standards of the
D Distillery and Bottling Plant District or the following, whichever
are more restrictive.
(b)
No individual tenant or space shall have a gross floor area
that exceeds 3,000 square feet.
(d)
Minimum principal and accessory side and rear setbacks: 75 feet.
(e)
Outdoor storage of equipment and materials which are incidental
to the flex space operation may be permitted as an accessory use in
side or rear yards only and subject to setback requirements. Such
storage areas shall be screened from public streets and adjacent properties
by walls, fencing, landscaping or a combination of these elements.
(f)
Cars, small trucks and vans (maximum overall length of 20 feet)
may be parked outdoors, but all other vehicles and trailers shall
be parked indoors.
E.
Indoor recreational and training facilities in the D Distillery and
Bottling Plant District.
[Added 5-14-2014]
(1)
Purpose. The purpose of permitting indoor recreational and training
facilities in the D Distillery and Bottling Plant District is to fulfill
an active recreational need while complementing the existing outdoor
recreational facilities located at adjoining Dorbrook Recreational
Area. The intent is to promote an adaptive reuse of the existing structures
and facilities to minimize environmental impacts to the Swimming River
Reservoir, a Category 1 water body resulting from increased impervious
surfaces. The goal is to provide a year-round recreational practice
and training facility to support the recreational activities occurring
at Dorbrook Recreation Area on a seasonal basis. Emphasis must be
placed on minimizing traffic impacts to Laird Road and County Route
537. A small-scale practice and athletic training facility with limited
competitive games is encouraged. A large-scale recreational facility
with multiple games and children's parties occurring simultaneously
or consecutively on the same day is not envisioned.
(2)
Indoor recreational and training facilities may be permitted as a
conditional use in the D Distillery and Bottling Plant District, provided
that the use and/or structures shall adhere to the following:
(a)
The use shall adhere to the standards of the D Distillery and
Bottling Plant District or the following standards, whichever are
more restrictive.
(b)
Permitted uses: adult and children's year-round athletic activities
and sports academies to provide instruction, training and practice
in field and court sports such as: baseball, soccer, football, softball,
basketball, volleyball, ice skating, hockey, lacrosse, field hockey,
gymnastics and swimming. The facility may provide training for a variety
of sports. However, spectator seating shall be limited to a maximum
of 100 permanent seats, such as retractable bleachers, tiered seating,
etc., for the entire facility. Folding chairs or portable benches
shall not be considered as permanent seating.
(c)
Accessory uses may include a maximum one-thousand-square-foot
snack bar, a maximum retail sales area for related sports and fitness
items of 1,000 square feet and management offices. Amusement devices
shall be limited to a maximum of five machines.
(e)
Minimum principal and accessory side and rear setbacks: 75 feet.
(f)
Vehicular access to and from the facility shall be limited to
County Route 537 or Dorbrook Recreation Area.
(g)
All patron and/or employee vehicles must be parking in an approved,
designated, paved parking space. Off-street parking requirements for
the facility shall be as follows:
(h)
Application for a recreational and training facility shall require
a traffic study that will address traffic flow and off-street parking
requirements. The study shall be based on traffic counts and parking
counts obtained from two separate similar size and type of facilities
over a full week per facility. Traffic counts shall not be limited
to typical a.m. or p.m. peaks but shall include all times of day,
including special events. The traffic study must demonstrate that
the proposed improvements will result in zero degradation to the existing
level of service during any period of time to County Route 537, Laird
Road and the County Route 537/Laird Road intersection.
(i)
The exterior of all building elevations facing County Route
537 or Laird Road shall be treated with brick, stone, decorative masonry,
wood siding, vinyl siding or synthetic siding. No metal facades shall
be visible from a public street. The use of "bubble type" buildings
shall be prohibited.
F.
Institutional
uses. Institutional uses, as defined in this chapter, when approved
as conditional uses, in the A-1, A-3 and AG Zones only, subject to
the following requirements:
[Added 8-11-2021 by Ord. No. 2021-14]
(1)
The
property on which the structure or building is to be constructed or
the activities conducted must contain a minimum of five acres in the
A-1 and A-3 Zones and 10 acres in the AG Zone.
(2)
The
property must have a minimum lot frontage of 300 feet.
(3)
The
property must have a minimum lot depth of 300 feet.
(4)
No building, structure, access aisle or parking area shall be closer than 75 feet to the side line of any adjacent property and subject to § 102-87, Note 1. These 75 feet shall be considered as a buffer strip and shall be landscaped in accordance with the standards set forth in § 102-90 where the lot lines abut residential uses or zone boundaries.
(5)
No building, structure, access aisle or parking area shall be closer than 75 feet to the rear line of any adjacent property and subject to § 102-87, Note 1. These 75 feet shall be considered as a buffer strip and shall be landscaped in accordance with the standards set forth in § 102-90 where the lot lines abut residential uses or zone boundaries.
(6)
No building or structure shall be closer than 100 feet to any front street property line in the A-1 and A-3 Zones, 200 feet in the AG Zone and subject to § 102-87, Note 1, nor less than 20 feet from any other structure.
(7)
No building or structure shall be higher than 55 feet above the ground level except as provided by § 102-61.
(8)
The
property shall not exceed 10% maximum building coverage.
(10)
No parking shall be permitted between the front building line and
the street right-of-way.
(11)
The site shall have direct access to major collector, secondary arterial
or primary arterial road designated in the Colts Neck Master Plan,
as amended.
G.
Public utilities.
[Added 2-8-2023 by Ord.
No. 2023-3]
(1)
A narrative statement must be submitted by the applicant setting
forth the reasons that the proposed installation must be provided
in the particular location proposed. The statement must show that
the installation in the location proposed is necessary for the efficiency
and effectiveness of the public utility system and for the provision
of service to the general public or the neighborhood impacted by the
installation.
(2)
For above-grade installations, a statement must be submitted setting
forth the reasons that the proposed installation must be provided
aboveground.
(3)
The design of any building in connection with such facility must
conform to the general character of the area.
(4)
Adequate and attractive fencing and other safety devices shall be
provided.
(5)
A minimum fifty-foot buffer shall be required along all lot lines
and any building, apparatus or installation on the site. Sufficient
landscaping, including shrubs and trees to create a solid screen,
shall be provided and shall be periodically maintained.
(6)
The public utility and lot shall meet all the applicable Schedule of Limitations (§ 102-87 or § 102-114) for the district in which it is located, including height, except that it need not have the minimum required lot area. Only one principal building will be permitted on the lot, and a paved parking area is required.
(7)
Public utility buildings shall provide one parking space for each
company vehicle station at the building, plus one parking space for
each employee, but in no case less than two parking spaces.
(8)
Building or mounted lighting fixtures may be utilized, provided shielding
is provided to prevent the spillover of illumination onto adjacent
properties. Motion-sensitive lighting is encouraged.
(9)
Appropriate safety devices shall be provided at the public utility
facility to ensure public safety.
(10)
A conditional use permit shall not be required for underground
public utilities.
H.
Electric generating facilities. Electrical generation facilities
are facilities which generate electricity and transmit electricity
to the public utility electrical system. Electrical generating facilities
shall be permitted in accordance with an approved site plan.
[Added 2-8-2023 by Ord.
No. 2023-3]
(1)
The location of the electrical generating facility is to be wholly
within the D-1 Light Industrial District with no structures to be
located within 500 feet of any residential zone.
(2)
Fuel for said facility is to be limited to piped natural gas as the
primary fuel and Number 2 fuel oil and kerosene as backup fuels.
(3)
On-site storage of fuel is to be limited to fuel oil tanks with a
total capacity not exceeding 25,000 gallons and separated from public
streets and adjoining properties in accordance with the criteria established
pursuant to 24 CFR Part 51, Safe Separation Standards for Hazardous
and Flammable Material.
(4)
A water supply source capable of meeting the worst case supply/demand
situation is to be secured prior to preliminary approval.
(5)
Cooling towers are to be located so as to minimize icing conditions
on or adjacent to public streets.
(6)
Electric generating facilities will be allowed to have a height of
75 feet to accommodate an exhaust stack, related inlet filter structures
and lattice structures for transmission lines consistent with sound
engineering and environmental design.
(7)
Exhaust stacks shall be designed to comply with U.S. Environmental
Protection Agency Good Engineering Practice (GEP) regulations to ensure
that ambient air quality standards are maintained.
(8)
Off-site electrical transmission lines situated within or adjoining
public street rights-of-way are to be mounted on structures not exceeding
75 feet in height, except at crossings of intersections and where
required by the Board of Public Utility Commissioners or other regulatory
agencies where the maximum height shall not exceed 100 feet. Alternatives
are to be routed and designed to minimize any adverse impact on public
safety, property value or utilization, street widenings or realignments
and aesthetic character.
I.
Service stations (with or without convenience stores).
[Added 2-8-2023 by Ord.
No. 2023-3]
(1)
Service stations (with or without convenience stores) shall be located
on a lot meeting the following requirements:
(a)
Lot width and frontage: 200 feet.
(b)
Lot depth: 200 feet.
(c)
Front yard setback: 100 feet.
(d)
Rear yard setback: 60 feet.
(e)
Side yard setback: 40 feet.
(f)
Minimum separation between canopy and service station or convenience
store: 55 feet.
(g)
Maximum building and canopy coverage: 10%.
(h)
Maximum convenience store gross floor area: 4,500 square feet.
(i)
Food preparation areas in the convenience store are prohibited.
The purpose of this requirement is to promote public safety by discouraging
situations where customers will eat prepared food such as sandwiches,
hamburgers, hot dogs, soups, and similar items while driving and by
facilitating the function and safety of the site by limiting the amount
of time that customer vehicles will remain on-site at the gasoline
pump islands or parking spaces.
(2)
Service stations (with or without convenience stores) shall adhere
to the following:
(a)
There shall be no more than two rows of fueling islands with
a maximum of two pumps per row;
(b)
All parking spaces and their access aisles shall be separated
from the pump islands and the traffic circulation around the pump
islands;
(c)
The convenience store shall have no drive-up window service;
(d)
There shall be no car wash facilities in recognition of the
Swimming River Reservoir and the state's Environmentally Sensitive
Planning Area designations in the State Development and Redevelopment
Plan;
(e)
The number of service stations in all business districts combined
shall not exceed three;
(f)
Service stations shall be limited to a maximum of three bays accessed
from the side or rear building façade.
[Added 5-10-2023 by Ord. No. 2023-7]
(3)
There shall be no counters, tables or seating for the consumption
of food or beverage items either within the building or outside of
the building.
(4)
Minimum off-street parking. Service stations shall provide at least
five spaces for the first and three spaces for each additional lift,
wheel alignment pit, bay or similar work area in the service station
and one space per employee on the largest work shift, which space
shall be separated from the driveway and general apron areas and shall
not obstruct access to any such facilities. Convenience stores shall
provide one space per 200 square feet of gross floor area in the convenience
store. Large size parking (10 feet by 40 feet) shall be provided for
convenience stores in addition to the required number of off-street
parking spaces. The number of large size vehicle spaces shall be approved
by the Board through the site plan process but in no event shall be
less than three large size vehicle parking spaces.
(5)
Service station (with or without convenience store) building design
requirements.
(a)
A Colonial Williamsburg or agricultural (i.e., barn or similar
agricultural structure) architectural style is strongly encouraged.
The architectural details shall provide facades containing a delineated
base, middle and top through exterior wall material changes along
the vertical plane of the building. For example, the base could be
delineated with stone or brick while the top could be delineated with
cornice expression, trim material, or accentuated masonry.
(b)
Facade improvements should incorporate traditional design elements
such as cornices, transoms, sign band, bulkheads, window bases and
window head moldings.
(c)
First floor facades which are visible from Route 34, Route 537
or the highway access management road shall have a minimum of 60%
of the ground floor facade between three feet and 10 feet above grade,
be transparent, and shall provide visual access to the street. Blanked-out
windows and windows which display only signage or which look into
unused or "dead" space do not meet this requirement.
(d)
Building facades shall be finished in stone, veneer, stucco,
brick, fiber cement panel and/or cast stone. The use of face brick,
limestone, fieldstone, brownstone, marble, or granite are recommended
masonry finishes. Wood walls of clapboard, board and batten, shiplap,
shingle style or other traditional wood siding is encouraged. Fiber
cement panels shall have the appearance of siding or shingles. Metal
shall be used only for minor accentuation of other elements of the
facade. Exterior insulation and finishing systems (EIFS), T-111 plywood
panels or stucco panels shall not be used on any portion of the building
facade facing a public street or the highway access management road.
(e)
Building entrances should be articulated to make it easily identifiable
by visitors and to provide architectural interest. Examples of special
features of entrances include, but are not limited to, awnings or
architectural treatments.
(f)
Long interrupted wall or roof planes in excess of 30 feet shall
be avoided.
(g)
Offsets within the form of buildings are encouraged as features
that minimize the bulky look of a block-shaped building.
(h)
Recessed entrances are encouraged for unprotected entrances.
(i)
Warm, small-scale and durable materials shall be used on pedestrian-accessible
surfaces, including knee walls, walkway features and walking surfaces.
The use of brick or stone, stamped concrete sidewalks and crosswalks
are examples.
(j)
Roof design.
[1]
Flat roofs are prohibited, except for rooftop equipment only.
This prohibition shall not apply to fueling island canopies.
[2]
Roofline at the top of the structure shall incorporate offsets,
jogs, architectural features and components for enhanced interest.
Monotony should be avoided in design.
[3]
Roof shape, color and texture should be coordinated with exterior
materials of the building's facade.
[4]
Roof design should minimize the negative impact of roof protrusions
by grouping plumbing vents, duct and other utility structures together.
[5]
Rooftop equipment such as mechanical units, vents and flues
should be located centrally or to the rear of the building to the
greatest extent practicable. Any equipment visible from a publicly
accessible area, adjacent lot and pedestrian corridor shall be screened
using pitched roof forms.
(k)
All refuse containers shall be enclosed within and screened
by a masonry enclosure with an exterior treatment that is complementary
to the color and materials of the principal building.
(6)
A maximum of two colors shall be used for signs. Background colors
that match the building color or neutral colors are encouraged. A
high level of contrast between the sign message and the background
works well for legibility.
(7)
The fuel islands and gasoline fueling canopy shall not be located
between State Highway Route 34 or Monmouth County Route 537 and the
service station building and/or convenience store.
(8)
Service stations (with or without convenience stores) shall provide
public restroom facilities.
(9)
There shall be no outdoor display or storage of merchandise, product,
stock or similar goods.
(10)
Service stations (with or without convenience stores) shall
be equipped with emergency generators to ensure continued operation
during periods of a state of emergency.
(11)
No service station (with or without a convenience store) shall
have an entrance or exit for vehicles within 200 feet of an entrance
or exit along the same side of a street or across the street from
any firehouse, public or private school, park, playground, institutional
use, hospital or public building, except where such property is in
another block or abuts another street from the subject lot. No service
station (with or without a convenience store) shall be within 2,500
feet of another service station (with or without a convenience store),
measured from the shortest distance from property line to property
line along the street right-of-way and, where measurements cross the
street right-of-way, perpendicular to the street right-of-way. Driveways,
aprons, parking areas and other portions of the site traveled by motor
vehicles shall be located and paved in accordance with the off-street
parking provisions of this chapter. Access to all service stations
shall be in conformance with the Route 34, Colts Neck, Highway Access
Management Plan.
(12)
All appliances, pits, storage areas, equipment and accessory
items displayed, other than gasoline filling pumps, air pumps, vacuum
machines or electric charging stations, shall be within a building.
All repair work shall be performed in a fully enclosed building and
no dismantled parts shall be displayed outside of an enclosed building.
(13)
The operation of a service station (with or without a convenience
store) shall adhere to the following:
(a)
No autobody work or painting shall be permitted on any part
of the premises.
(b)
No motor vehicles, trailers or boats to be sold or leased shall
be parked, stored or displayed on any part of the premises.
(c)
No vehicle shall be permitted to be standing or parked on the
premises of a service station other than those used by employees in
the direct or indirect operation of the establishment or by customers
of the service station or as permitted in number 15 below
(14)
No vending machines shall be permitted outdoors.
(15)
No inoperable or wrecked motor vehicle or part thereof or not
more than four motor vehicles incapable of normal operation upon the
highways or unregistered vehicles shall be permitted on the premises
of any service stations not within a closed and roofed building; except,
however, that an additional number, not exceeding six motor vehicles,
may be located upon any service station premises outside of a closed
or roofed building for a period of time not to exceed seven days,
provided that said motor vehicles are awaiting repair by the owners
thereof.
J.
Veterinarian offices.
[Added 2-8-2023 by Ord.
No. 2023-3]
A.
Enforcing officer.
(1)
Zoning Officer.
(a)
It shall be the duty of the Zoning Officer and/or
the Code Enforcement Officer appointed by the Township of Colts Neck
to administer and enforce this chapter. No structure shall be modified,
extended, enclosed, constructed, reconstructed, structurally altered
or erected or moved until a construction permit is obtained from the
Construction Official, for which a fee may be required as established
by resolution of the Township Committee. In no case shall a construction
permit be issued for the construction or alteration of any structure
or site until the Construction Official determines that the proposed
construction or the alteration conforms to the provision(s) of this
chapter.
[Amended 11-10-1999]
(b)
It shall be the duty of the Zoning Officer and
Construction Official to cause any new or modified structures, plans,
sites or premises to be inspected or examined and to order the owner,
in writing, that any condition be remedied which is found to exist
in violation of any provisions of this chapter. The Construction Official
and/or Zoning Officer shall have the right to enter any structure
or premises during the daytime in the course of his or her duties.
It shall be the duty of the Construction Official to keep a record
of all applications and construction permits which are either issued
or denied with notations of any conditions involved, which data shall
form a part of the Township public records.
(2)
Township Engineer. It shall be the duty of the Township
Engineer to monitor all development activities concerned with approved
subdivisions and site plans; in case of any ordinance and/or plan
violations, to promptly report to and require prompt corrective action
by the developer; and to keep the Planning Board promptly and fully
informed of such violations and corrective action so that further
legal action may be taken if required.
B.
Revocation of approval.
(1)
The Planning Board shall have the right to revoke
site plan or subdivision approval previously given when the applicant,
property owner, successor property owners, their contractor(s) or
other agent(s), servant(s) and/or employee(s) deviate in a material
and/or substantial manner from the standards, conditions and/or requirements
of site plan or subdivision approval in the construction, maintenance
and/or development of the property, land or site or a portion of the
same.
(2)
Notice of such deviation shall be given to the Chairman
of the Planning Board by the Zoning Officer or Municipal Engineer
who shall thereafter cause written notice of the change to be served
upon the developer and/or property owner at the address shown by the
tax assessment records of the Township. The notice shall state that
the Planning Board shall hold a hearing in order to determine whether
site plan or subdivision approval should be revoked because of the
deviation from the standards, conditions and/or requirements of site
plan or subdivision approval. The developer and/or property owner
may appear personally and participate at such hearing and may be represented
by an attorney at law. The hearing may be scheduled not earlier than
seven days after receipt of the written notice by the Chairman and
not later than 45 days after such receipt, provided that the property
owner and/or developer shall have at least five days' notice of such
hearing. Service by mail of the notice upon the developer and/or property
owner shall be deemed to have been made upon deposit of a properly
addressed notice in the United States Mail.
A.
The approving authority, when acting upon applications for preliminary or minor subdivision approval and preliminary or minor site plan approval, shall have the power to grant such exceptions from the design and performance standards in Part 3 of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivisions/site plan review and approval if the literal enforcement of one or more provisions of this chapter is impractical or will exact undue hardship because of peculiar conditions pertaining to the land in question or will result in an improved subdivision or site plan in accordance with good planning practices.
B.
The approving authority, when acting upon an application
which includes provisions for lower-income housing, may waive those
portions of the design standards that do not create health and safety
concerns for the Township or for the future residents of a development,
provided that such exemption from these standards will reduce construction
costs so that the savings therefrom shall be passed on to the buyers
and renters of lower-income housing in the form of reduced housing
costs.
A.
Division of land not considered a subdivision as defined
in this chapter shall be exempt from compliance with the requirements
of this chapter only after affirmative action by the approving authority.
Such action shall be taken following submission of an application
and documentation sufficient for the approving authority to determine
if the application qualifies as an exception. Until exempted from
the subdivision regulations by the approving authority, no person
can transfer, sell or agree to transfer or sell, as owner or agent,
any land which forms a part of a subdivision for which approval is
required.
A.
Nonrefundable application fees. The developer shall,
at the time of filing an application, pay the following nonrefundable
fee(s) to the Township of Colts Neck. Proposals involving more than
one use or approval shall pay a fee equaling the sum of the fees for
the component elements of the application. For subdivision, site plan
and variance application in the A-4 District involving lower-income
housing, the fee for each lower-income lot in a subdivision and for
each lower-income dwelling unit in a site plan shall be waived. Escrow
deposits, performance guaranties, inspection fees and maintenance
guaranties shall be in addition to the application fees. For purposes
of this section, "application" shall mean an application for development
or a request for a determination by an approving authority under this
chapter.
(1)
Subdivision fees.
(a)
Informal submission: $200.
(b)
Sketch plat: $250 plus $25 per lot.
(c)
Minor subdivision: $500 plus $175 per lot.
[Amended 8-11-2004]
(d)
Preliminary major subdivision: $1,000 plus $250
per lot.
[Amended 8-11-2004]
(e)
Final major subdivision: $350 plus $250 per
lot.
[Amended 8-11-2004]
(g)
Where new roads are proposed, $100 per road
for update of Township Street and Road Map.
[Amended 12-29-1999]
(h)
Resubmission fee: $200 per resubmission for minor, preliminary or
final approval after the first resubmission.
[Added 12-8-2010]
(i)
Extension of time: $100 per extension of time to minor, preliminary
or final approval.
[Added 12-8-2010]
(2)
Site plan fees.
(a)
Informal submission: $200.
(b)
Sketch plat: $250 per acre.
(c)
Minor site plan: $500 plus $100 per acre.
[Amended 8-11-2004]
(d)
Preliminary major site plan:
[1]
Up to two acres: $1,500 per acre.
[Amended 8-11-2004]
[2]
Two and one-tenth to 10.0 acres: $3,000 plus
$350 per acre over two acres.
[Amended 8-11-2004]
[3]
Ten and one-tenth to 50.0 acres: $5,800 plus
$100 per acre over 10 acres.
[Amended 8-11-2004]
[4]
Fifty and one-tenth to 100.0 acres: $6,500 plus
$50 per acre over 50 acres.
[5]
One hundred and one-tenth acres or more: $9,000
plus $10 per acre over 100 acres.
(e)
All per-acre costs shall be for each whole acre
and for any remaining fraction of an acre.
(f)
Final major site plan: one half of the preliminary
major site plan fee.
(g)
Resubmission fee: $200 per resubmission for minor, preliminary or
final approval after the first resubmission.
[Added 12-8-2010]
(h)
Extension of time: $100 per extension of time to minor, preliminary
or final approval.
[Added 12-8-2010]
(3)
Other.
(a)
Signs not included in any other site plan: $75
per sign.
(b)
Approval of New Jersey Department of Environmental
Protection (DEP) stream encroachment permit by Township Engineer:
$250 minimum or $150 per encroachment, whichever is greater.
(c)
Farm stand, temporary seasonal permit: $15 per
stand.
(d)
Seasonal decoration display permit: $15 per
display.
(e)
Temporary outdoor sign permit (NOTE: This permit
shall be good for four separate sales day events per calendar year
if the same sign size and location are used for all sales days and
the sales day dates are reported to the Township Administrator at
least 10 days prior to each sales day event.): $15 per sign.
(f)
Private horse show: $15 per show.
(g)
Public horse show: $50 per show.
(h)
Zoning permit: $50 per application.
[Amended 12-8-2010]
(i)
Special event permit: $250 per event.
(j)
Major development grading/drainage plan review: $500 per review.
[Added 12-8-2010]
(k)
Special Planning Board or Board of Adjustment meeting: $1,500 per
meeting.
[Added 12-8-2010]
(4)
Conditional uses: $350 per application.
(5)
Variances.
(a)
Hear and decide appeals: $500 per application.
[Amended 12-8-2010]
(b)
Interpretation of Zoning Map or special questions:
$350 per application.
[Amended 12-8-2010]
(c)
Hardship variances or other variances under
N.J.S.A. 40:55D-70(c): $350 per lot.
(d)
Use variance under N.J.S.A. 40:55D-70(d):
[1]
Up to two acres: $500 per acre, $400 minimum.
[Amended 12-8-2010]
[2]
Two and one-tenth to 10.0 acres: $600 plus $150
per acre over two acres.
[3]
Ten and one-tenth to 50.0 acres: $1,800 plus
$50 per acre over 10 acres.
[4]
Fifty and one-tenth to 100.0 acres: $3,800 plus
$20 per acre over 50 acres.
[5]
One hundred and one-tenth acres or more: $4,800
plus $10 per acre over 100 acres.
(e)
All per-acre costs shall be for each whole acre
and for any remaining fraction of an acre.
B.
Escrow deposits. An escrow deposit shall be required
to be posted and maintained in connection with any application for
interpretation, for a concept or informal plan, sketch plat, preliminary
plat, final plat, conditional use, variance or related matter, whether
before the Planning Board or the Board of Adjustment, as set forth
below:
(1)
Escrow payments shall be for the purpose of reimbursing
the Township for the costs of any professional fees incurred for reviews,
inspection charges and actual out-of-pocket expenses associated with
applications on behalf of the Township, including applications for
development and variance applications involving the review of applications,
review and preparation of documents, inspection of improvements or
other purposes under the provisions of the Municipal Land Use Law
and for such costs incurred for professional services of outside consultants
when an application is of a nature beyond the scope of the expertise
of the professionals normally utilized by the Township. Said reviews
shall include but not be limited to analysis of all application documents,
maps, plans, reports and exhibits, preparation of written reports,
meeting attendance, oral testimony, inspections and/or other services
rendered in connection with the application under the provisions of
the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.). Escrow payments
shall be in addition to the nonrefundable application fees required
above. All escrow payments shall be placed in an escrow account pursuant
to the following schedule. The Township shall be responsible for all
payments to its professionals for services rendered.
(2)
Each applicant shall make a deposit toward anticipated
municipal expenses for professional services. The deposit shall be
placed in an escrow account by the Township Treasurer pursuant to
the Municipal Land Use Law (N.J.S.A. 40:55D-53.1). The amount of the
deposit required shall be reasonable in relation to the scale and
complexity of the development in accordance with the following schedule.
All payments charged to the escrow account shall be pursuant to vouchers
from the professionals identifying the personnel performing the service
and, for each date the service was performed, the hours spent to one-quarter-hour
increments, the hourly rate and the expenses incurred. If the salary,
staff support and overhead for a professional are provided by Township
staff, the charge to the deposit shall not exceed 200% of the sum
of the products resulting from multiplying the hourly base salary
of each of the professionals by the number of hours spent by the respective
professionals on the review of the application or on the inspection
of the applicant's improvements, as the case may be. For other professionals,
the charge to the deposit shall be at the same rate as all other work
of the same nature by the professional for the Township. The Township
shall open the account, administer the account, close out the account,
return-inspect funds and resolve any disputes in accordance with the
procedures set forth in N.J.S.A. 40:55D-53.1.
(3)
No submission shall be deemed complete and no action
to approve or conditionally approve an application shall be taken
until such time as the applicant shall have posted with the Township,
by cash, certified check or money order, the amount of all escrow
sums required to be deposited pursuant to this section, calculated
as shown below.
(4)
If, during the processing of the application, the
funds remaining in the escrow account are depleted below a sum equal
to 25% of the original deposit or $500, whichever is greater, the
applicant shall deposit additional funds to bring the escrow account
equal to the larger of either $500 or 40% of the original deposit
before the application shall continue to be processed by the approving
authority and prior to action on the application. By mutual agreement,
the applicant and the approving authority may agree to another payment
schedule where the size and scope of the application may warrant it.
The approving authority may dismiss an application in the event that
an applicant does not replenish the escrow account or does not post
sufficient escrow fees to continue the processing of an application.
(5)
Schedule of payments (any unspent funds from previous
stages of a development shall be credited against the fee for subsequent
applications). The escrow to be posted for preliminary plats per the
type and scale of the development application shall be as follows
(interpretations and concept, sketch and final plat applications shall
pay 1/2 of these amounts):
(b)
Commercial/industrial and other nonresidential subdivisions not involving structures. [If the subdivision is part of a simultaneous application for a site plan, the fee shall be based on Subsection B(5)(c) below.]
(c)
Site plans or conditional use applications for
commercial/industrial and other nonresidential uses with proposed
additions or expansions involving a gross floor area of:
[Amended 12-8-2010]
(d)
Other applications. Application pursuant to
N.J.S.A. 40:55D-34 or 40:55D-36: $100 per lot.
(e)
Applications pursuant to N.J.S.A. 40:55D-70:
$700 per lot.
[Added 8-11-2004; amended 12-8-2010; 11-28-2018]
(6)
The administrative officer shall review the submission
to determine whether the escrow amount complies with the above schedule.
In the event that the administrative officer and the applicant agree
that the complexity of the plan or the need for additional expertise
may be required and that a greater escrow deposit would be more appropriate
for the application, a larger dollar amount may be deposited. In the
event that subsequent replenishment of the escrow fund is needed,
the percentage deposits set forth above shall be the minimum payment
required.
(7)
If moneys expended for professional services on an
application exceed the posted escrow amount, the applicant shall pay
such moneys within 14 calendar days from the mailing of notification
of such deficit. Payment of such money shall be a mandatory condition
of approval of all action taken by the Township. No construction permit
or certificate of occupancy shall be issued until all such fees are
paid. Any required escrow payment that has not been paid within 30
days of notification shall be turned over to the Township Attorney
for collection and may include the placement of a lien on the property.
(8)
Refunds for completed, dismissed or withdrawn applications.
Upon completion, dismissal or withdrawal of an application, the applicant
will be responsible for any and all professional fees accrued to date.
The Chief Financial Officer shall render a written final accounting
to the applicant on the uses to which the deposit was put within 45
days of receipt of the final bills for services from the relevant
municipal professionals.
(9)
The owner and developer shall execute a written agreement
with the Township in a form approved by the Township Attorney to ensure
the payment of all fees, charges and expenses pursuant to this subsection.
This agreement must be executed by the applicant and included as an
attachment to the development application at the time of filing. The
application for development shall not be deemed complete until this
requirement is satisfied. In addition to all other enforcement remedies
which are otherwise provided by law, the escrow agreement shall provide
that the Township may record the escrow agreement as a lien upon the
premises in the event of default on the part of the applicant.
[Amended 12-29-1999]
C.
Affordable housing development fees.
[Added 6-9-2004[1]; amended 12-10-2008]
(1)
Residential development fees. Residential development that is not subject to the growth share provisions of § 102-46.6 shall be subject to an affordable housing development fee as follows:
(a)
One-half of 1% of the equalized assessed value
(EAV) of each new residential dwelling unit or reconstructed dwelling
unit on an existing foundation prior to the effective date of Ordinance
2008-17 (December 10, 2008).
(b)
One and one-half percent of the equalized assessed
value (EAV) of each new residential dwelling unit or reconstructed
dwelling unit on an existing foundation, provided no increase in density
is permitted after the effective date of Ordinance 2008-17 (December
10, 2008).
(c)
If a "d" variance is granted pursuant to N.J.S.A.
40:55D-70d(5) in any residential district in the Township of Colts
Neck, then the additional residential units realized above what is
permitted by right under the existing zoning will incur a bonus development
fee of 6% of the EAV rather than the development fee of 1/2 of 1%
or 1 1/2%, as applicable. If the zoning on a site has changed
during the two-year period preceding the filing of the "d" variance
application, the base density for the purposes of calculating the
bonus development fee shall be the highest density permitted by right
during the two-year period preceding the filing of the "d" variance
application. [Example: If an approval allows four units to be constructed
on a site that was zoned for two units, the fees could equal 1 1/2%
of the equalized assessed value on the first two units and the specified
higher percentage of 6% of the equalized assessed value for the two
additional units, provided zoning on the site has not changed during
the two-year period preceding the filing of such a variance application.]
(d)
Developers of sites zoned for inclusionary development
in the Township's A-6 Zoning District (prior court approval of Westminster
Realty Corporation v. Twp. of Colts Neck et al., Docket No. MON-L-2954-99
Mount Laurel) shall be required to make a payment to the Colts Neck
Housing Trust Fund in lieu of the on-site construction of low- and
moderate-income housing units. The payment will be calculated on the
basis of the following two-step formula:
[1]
The number of set-aside units is calculated
pursuant to the following formula: Set-aside units = (approved dwelling
units/0.85) (0.15) rounded to the nearest tenth.
[2]
The developer is required to make a payment
of $25,000 to the Township's Housing Trust Fund for each set-aside
unit or fraction thereof.
(2)
Residential development fees. Eligible exactions,
ineligible exactions and exemptions for residential development:
(a)
Affordable housing developments and developments
where the developer has made a payment in lieu of on-site construction
of affordable units shall be exempt from development fees.
(b)
Developments that have received preliminary
or final site plan approval prior to the adoption of a municipal development
fee ordinance shall be exempt from development fees, unless the developer
seeks a substantial change in the approval. Where a site plan approval
does not apply, a zoning and/or building permit shall be synonymous
with preliminary or final site plan approval for this purpose. The
fee percentage shall be vested on the date that the building permit
is issued.
(c)
Development fees shall be imposed and collected
when an existing structure undergoes a change to a more intense use,
is demolished and replaced, or is expanded, if the expansion is not
otherwise exempt from the development fee requirement. The development
fee shall be calculated on the increase in the equalized assessed
value of the improved structure.
(3)
Nonresidential development fees within all zoning
districts. Nonresidential developers, except for developers of the
types of development specifically exempted, shall be subject to an
affordable housing development fee of 2 1/2% of the equalized
assessed value (EAV) of the land and improvements, for all new nonresidential
construction as follows:
(a)
Nonresidential developers, except for developers
of the types of development specifically exempted, shall also pay
a fee equal to 2 1/2% of the increase in equalized assessed value
resulting from any additions to existing structures to be used for
nonresidential purposes.
(b)
Development fees shall be imposed and collected
when an existing structure is demolished and replaced. The development
fee of 2 1/2% shall be calculated on the difference between the
equalized assessed value of the preexisting land and improvement and
the equalized assessed value of the newly improved structure, i.e.,
land and improvement, at the time the final certificate of occupancy
is issued. If the calculation required under this section results
in a negative number, the nonresidential development fee shall be
zero.
(4)
Eligible exaction, ineligible exaction and exemptions
for nonresidential development. The following shall be exempt from
payment of development fees pursuant to this subsection:
(a)
The nonresidential portion of a mixed-use inclusionary
or market rate development shall be subject to the development fee
of 2 1/2% unless otherwise exempted below.
(b)
The fee of 2 1/2% shall not apply to an
increase in equalized assessed value resulting from alterations, change
in use within existing footprint, reconstruction, renovations and
repairs.
(c)
Nonresidential developments shall be exempt
from the payment of nonresidential development fees in accordance
with the exemptions required pursuant to P.L. 2008, c.46, as specified
in Form N-RDF, the State of New Jersey Nonresidential Development
Certification/Exemption Form. Any exemption claimed by a developer
shall be substantiated by that developer.
(d)
A developer of a nonresidential development
exempted from the nonresidential development fee pursuant to P.L.
2008, c.46, shall be subject to it at such time the basis for the
exemption no longer applies and shall make the payment of the nonresidential
development fee, in that event, within three years after that event
or after the issuance of the final certificate of occupancy of the
nonresidential development, whichever is later.
(e)
If a property which was exempted from the collection
of a nonresidential development fee thereafter ceases to be exempt
from property taxation, the owner of the property shall remit the
fees required pursuant to this section within 45 days of the termination
of the property tax exemption. Unpaid nonresidential development fees
under these circumstances may be enforceable by the Township of Colts
Neck as a lien against the real property of the owner.
(5)
Determination and collection of fees.
(a)
Upon the granting of a preliminary, final or
other applicable approval for a development, the applicable approving
authority shall direct its staff to notify the Construction Official
responsible for the issuance of a building permit.
(b)
For nonresidential developments only, the developer
shall also be provided with a copy of Form N-RDF, State of New Jersey
Nonresidential Development Certification/Exemption, to be completed
as per the instructions provided. The developer of a nonresidential
development shall complete Form N-RDF as per the instructions provided.
The Construction Official shall verify the information submitted by
the churches or places of worship, or any nonprofit nonresidential
developer as per the instructions provided in Form N-RDF. The Township
Tax Assessor shall verify exemptions and prepare estimated and final
assessments as per the instructions provided in Form N-RDF.
(c)
The construction official responsible for the
issuance of a building permit shall notify the Township Tax Assessor
of the issuance of the first building permit for a development which
is subject to a development fee.
(d)
Within 90 days of receipt of that notice, the
Township Tax Assessor, based on the plans filed, shall provide an
estimate of the equalized assessed value of the development.
(e)
The Construction Official responsible for the
issuance of a final certificate of occupancy notifies the Township
Tax Assessor of any and all requests for the scheduling of a final
inspection on property which is subject to a development fee.
(f)
Within 10 business days of a request for the
scheduling of a final inspection, the Township Tax Assessor shall
confirm or modify the previously estimated equalized assessed value
of the improvements of the development; calculate the development
fee; and thereafter notify the developer of the amount of the fee.
(g)
Should the Township of Colts Neck fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b. of Section 37 of P.L. 2008, c.46 (N.J.S.A. 40:55D-8.6).
(h)
Fifty percent of the development fee shall be
collected at the time of issuance of the building permit. The remaining
portion shall be collected at the issuance of the certificate of occupancy.
The developer shall be responsible for paying the difference between
the fee calculated at issuance of the building permit and that determined
at issuance of the certificate of occupancy.
(i)
Appeal of development fees.
[1]
A developer may challenge residential development
fees imposed by filing a challenge with the County Board of Taxation.
Pending a review and determination by the Board, collected fees shall
be placed in an interest-bearing escrow account by the Township of
Colts Neck. Appeals from a determination of the Board may be made
to the Tax Court in accordance with the provisions of the State Tax
Uniform Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after
the date of such determination. Interest earned on amounts escrowed
shall be credited to the prevailing party.
[2]
A developer may challenge nonresidential development
fees imposed by filing a challenge with the Director of the Division
of Taxation. Pending a review and determination by the Director, which
shall be made within 45 days of receipt of the challenge, collected
fees shall be placed in an interest-bearing escrow account by the
Township of Colts Neck. Appeals from a determination of the Director
may be made to the State Tax Court in accordance with the provisions
of the State Tax Uniform Procedure Law, N.J.S.A. 54:48-1 et seq.,
within 90 days after the date of such determination. Interest earned
on amounts escrowed shall be credited to the prevailing party.
(6)
Housing trust funds. There are hereby created four
separate interest-bearing housing trust funds in a named bank or depository
to be named by resolution by the Township Committee for the purpose
of receiving development fees from residential and nonresidential
developers and proceeds from the sale of units with extinguished controls.
All development fees paid by developers pursuant to this article shall
be deposited in one of these funds. No money shall be expended from
the housing trust funds unless the expenditure conforms to a spending
plan approved by COAH or the Court as applicable. The four housing
trust fund accounts in which collected fees are to be deposited include
the following:
(a)
Nonresidential Housing Trust Fund (after July 17, 2008): includes nonresidential development fees collected after July 17, 2008, in accordance with P.L. 2008, Chapter 46 (N.J.S.A. 40:55D-8.4 et seq.).
(b)
Residential Trust Fund (COAH Round 3): includes
residential development fees collected in accordance with this article
and COAH Round 3 regulations (N.J.S.A. 5:97), after the effective
date of this Ordinance 2008-17 (December 10, 2008).
(c)
Residential and Nonresidential Trust Fund (COAH
Round 2): includes nonresidential development fees collected prior
to July 17, 2008, and residential development fees collected prior
to the effective date of this Ordinance 2008-17 (December 10, 2008)
and developments subject to Round 2 regulations.
(d)
Residential and Nonresidential Trust Fund (COAH
Round 1): includes nonresidential development fees collected prior
to July 17, 2008, and residential development fees collected prior
to the effective date of this Ordinance 2008-17 (December 10, 2008)
and developments subject to Round 1 regulations.
(7)
Use of funds.
(a)
The expenditure of all funds shall conform to
a spending plan approved by COAH. Funds deposited in the Township
housing trust fund may be used for any activity approved by COAH to
address Colts Neck's fair share obligation and may be set up as a
grant or revolving loan program. Such activities include, but are
not limited to: preservation or purchase of housing for the purpose
of maintaining or implementing affordability controls, rehabilitation,
new construction of affordable housing units and related costs, accessory
apartment, market to affordable, or regional housing partnership programs,
conversion of existing nonresidential buildings to create new affordable
units, green building strategies designed to be cost saving and in
accordance with accepted national or state standards, purchase of
land for affordable housing, improvement of land to be used for affordable
housing, extensions or improvements of roads and infrastructure to
affordable housing sites, financial assistance designed to increase
affordability, administration necessary for implementation of the
Housing Element and Fair Share Plan, or any other activity as permitted
pursuant to N.J.A.C. 5:97-8.7 through 5:97-8.9 and specified in the
approved spending plan.
(b)
Funds shall not be expended to reimburse Colts
Neck for past housing activities.
(c)
At least 30% of all development fees collected
and interest earned shall be used to provide affordability assistance
to low- and moderate-income households in affordable units included
in the Township Fair Share Plan. One-third (33.3%) of the affordability
assistance portion of development fees collected shall be used to
provide affordability assistance to those households earning 30% or
less of median income by region.
[1]
Affordability assistance programs may include
down-payment assistance, security deposit assistance, low-interest
loans, rental assistance, assistance with homeowners' association
or condominium fees and special assessments, and assistance with emergency
repairs.
[2]
Affordability assistance to households earning
30% or less of median income may include buying down the cost of low-
or moderate-income units in the municipal Fair Share Plan to make
them affordable to households earning 30% or less of median income.
The use of development fees in this manner shall entitle Colts Neck
to bonus credits pursuant to N.J.A.C. 5:97-3.7.
[3]
Payments in lieu of constructing affordable
units on site and funds from the sale of units with extinguished controls
shall be exempt from the affordability assistance requirement.
(d)
Colts Neck may contract with a private or public
entity to administer any part of its Housing Element and Fair Share
Plan, including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:96-18.
(e)
No more than 20% of all revenues collected from
development fees may be expended on administration, including, but
not limited to, salaries and benefits for municipal employees or consultant
fees necessary to develop or implement a new construction program,
a Housing Element and Fair Share Plan, and/or an affirmative marketing
program. In the case of a rehabilitation program, no more than 20%
of the revenues collected from development fees shall be expended
for such administrative expenses. Administrative funds may be used
for income qualification of households, monitoring the turnover of
sale and rental units, and compliance with COAH's monitoring requirements.
Legal or other fees related to litigation opposing affordable housing
sites or objecting to the Council's regulations and/or action are
not eligible uses of the affordable housing trust fund.
(8)
Monitoring. Colts Neck shall complete and return to
COAH all monitoring forms included in monitoring requirements related
to the collection of development fees from residential and nonresidential
developers, payments in lieu of constructing affordable units on site,
funds from the sale of units with extinguished controls, barrier-free
escrow funds, rental income, repayments from affordable housing program
loans, and any other funds collected in connection with Colts Neck's
housing program, as well as to the expenditure of revenues and implementation
of the plan certified by COAH or approved by the court. All monitoring
reports shall be completed on forms designed by COAH.
(9)
Ongoing collection of fees. The ability for Colts
Neck to impose, collect and expend development fees shall expire with
its judgment of compliance unless Colts Neck has filed an adopted
Housing Element and Fair Share Plan with COAH, has petitioned for
substantive certification, and has received COAH's approval of its
development fee ordinance. If Colts Neck fails to renew its ability
to impose and collect development fees prior to the expiration of
judgment of compliance, it may be subject to forfeiture of any or
all funds remaining within its housing trust fund. Any funds so forfeited
shall be deposited into the New Jersey Affordable Housing Trust Fund
established pursuant to Section 20 of P.L.1985, c.222 (N.J.S.A. 52:27D-320).
Colts Neck shall not impose a residential development fee on a development
that receives preliminary or final site plan approval after the expiration
of its substantive certification or judgment of compliance, nor shall
Colts Neck retroactively impose a development fee on such a development.
Colts Neck shall not expend development fees after the expiration
of its substantive certification or judgment of compliance.
[1]
Editor's Note: This ordinance provided that
it shall take effect immediately upon final passage and publication
according to law and filing with the Monmouth County Planning Board
and approval by COAH and/or the Court through the issuance of a judgement
of repose or other appropriate order. This ordinance also provided
that it shall expire if the Court vacates the Township’s judgment
of repose or revokes this ordinance; the Township’s judgment
of repose expires prior to Township filing an adopted housing element
with COAH, petitioning for substantive certification, or receiving
COAH’s approval of this ordinance; COAH dismisses or denies
the Township’s petition for substantive certification; or if
the Township is under COAH’s jurisdiction and has a certified
housing element and fair share plan, COAH revokes substantive certification
or this ordinance.
[Amended 4-28-1999; 12-29-1999; 12-12-2018]
A.
No final plat shall be approved by the approving authority until
all items required to be secured by a performance guarantee (certain
on-site, off-site, on-tract and off tract improvements) in the public
interest have been installed, inspected, certified and approved by
the Township Engineer and accepted by the governing body and a maintenance
guarantee has been filed and accepted by the governing body in accordance
with the requirements of this section or their installation shall
have been provided for by a performance guarantee accepted and approved
by the governing body in accordance with the requirements of this
section. No maintenance guarantee shall be accepted, nor shall any
partial facility be accepted for any item which has further stages
of work to be completed or which will need to be altered or reworked
in any manner due to the installation or connection of any other facility.
Any improvements installed prior to final plat application that do
not meet the standards of this chapter or other regulations shall
be added to the performance guarantee.
B.
Upon request by the applicant or the approving authority, a performance
guarantee estimate and safety and stabilizing guarantee estimate shall
be prepared by the Township Engineer, which cost shall be determined
by the Municipal Engineer according to the method of calculation set
forth hereinafter, and submitted to the approving authority completely
detailing the material and work required for the improvements and
an estimated cost of providing them. The approving authority may adjust
the estimate before forwarding it to the developer. The approving
authority may request the Township Engineer to review and update this
estimate from time to time as required. The final itemized cost estimate
shall be appended to each performance guarantee posted by the developer.
C.
The proposed performance guarantee and safety and
stabilization guarantee shall be submitted to the appropriate authority
by the developer. The approving authority shall review the proposed
performance guarantee for accuracy and form and then submit it to
the governing body for approval and acceptance by resolution. Pursuant
to N.J.S.A. 40:55D-53, a performance guarantee is required 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. No final subdivision
plat minor subdivision deed shall be released for recording until
a performance guarantee has been accepted and approved by the governing
body in accordance with the standards set forth hereinbelow.
(1)
The performance guarantee and safety and stabilization
guarantee shall consist of the performance guarantee estimate and
either an irrevocable standby letter of credit, a certified check,
a cashier's check, cash, a surety bond, a bid bond or any combination
thereof, covering 90% of the total performance guarantee in a form
acceptable to the governing body and in conformance with applicable
provision of P.L. 1975, c. 291, (N.J.S.A. 40: 55D-1 et seq.) and 10%
cash in the form of either a certified check or bank check. At the
option of the developer, additional cash in the form of a certified
or bank check up to the amount of the total performance guarantee
may be provided. The Township Treasurer shall cause the certified
check(s) to be deposited in a bank approved by the governing body
in the name of Colts Neck Township. The letter of credit or certified
check are to be retained as security for completion of all requirements
and are to be used by Colts Neck Township to pay the cost and expense
of obtaining completion of all requirements. If the required improvements
have not been installed or constructed in accordance with the standards
of the Township or within the stipulated time, the obligor and/or
co-obligor, as provided by law, for the performance guarantee, shall
be liable thereon to the Township for the reasonable costs of the
bonded improvements or of the uncompleted portion thereof, including
engineering, legal and administration costs, and upon authorization
by the governing body, the Township Attorney or Township Clerk shall
take the necessary steps to obtain such funds to cover the costs from
the obligor and/or co-obligor.
(2)
Notwithstanding the foregoing, the governing body may accept a letter of credit as a performance guarantee for up to 90% of the cost estimate provided for in Subsection C(3) of this section, where the governing body has found that said letter of credit meets the standards set forth in N.J.S.A. 40:55D-53.5 and set forth with particularity is § 102-16O, infra.
(3)
Performance guarantee and safety and stabilization guarantee.
(a)
The total performance guarantee shall equal 120% of the engineer's
cost estimate of installation of only those improvements required
by an approval or developers agreement, ordinance or regulation to
be dedicated to a public entity and have not yet been installed for
the following improvements as shown on the approved plan or plats;
streets, pavement, gutters, curbs, sidewalks, street lighting, street
trees, surveyors monuments as shown on the final plat, water mains,
sanitary sewers, community septic systems, drainage structures, public
improvements of open space and any grading necessitated by the preceding
improvements to assure upkeep of these facilities until accepted by
the governing body and covered by a maintenance guarantee. The performance
guarantee shall include, within an approved phase or section of a
development, privately-owned perimeter buffer landscaping as shown
on an approved plan or plat. At the developer's option a separate
performance guarantee may be posted for this privately-owned perimeter
buffer landscaping.
(b)
In the event that the developer seeks a temporary certificate
of occupancy for a development, unit, lot, building or phase of development,
as a condition of the issuance thereof, the developer shall furnish
a separate, temporary certificate of occupancy guarantee in the amount
equal to 120% of the cost of installation of only those improvements
or items which remain to be completed or installed under the terms
of the temporary certificate of occupancy and which are required to
be installed or completed as a condition precedent to the issuance
of the permanent certificate of occupancy and which are not covered
by an existing performance guarantee. The scope and amount of the
temporary certificate of occupancy shall be determined by the Township
Engineer and accepted by resolution from the governing body. At no
time shall more than one guarantee be held by the Township for the
same improvement. The temporary certificate of occupancy guarantee
shall be released by the governing body upon the issuance of a permanent
certificate of occupancy with regard to the unit, lot, building or
phase as to which the temporary certificate of occupancy guarantee
relates.
(c)
In addition to the performance guarantee pursuant to Subsection C(3)(a) above the developer shall also post a separate safety and stabilization guarantee in favor of the Township to be available 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, only in the circumstance that:
[1]
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
[2]
Work has not recommenced 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
serve notice of its intent to claim payment under a safety and stabilization
guarantee until a period of at least 60 days has elapsed during which
all work on the development has ceased for reason other than force
majeure. The Township shall provide written notice to a developer
by certified mail or other form of delivery providing proof of receipt.
(d)
The amount of the safety and stabilization guarantee for a development
with bonded improvements in the amount not exceeding $100,000 shall
be $5,000. The amount of the safety and stabilization guarantee for
a development with bonded improvements exceeding $100,000 shall be
calculated as a percentage of the bonded improvements costs of the
development or phase of development as follows:
(4)
In the event of default, the 10% cash fund herein mentioned shall
be first applied to the completion of the requirements, and the cash,
certified check or irrevocable standby letter of credit shall thereafter
be restored to, if necessary, for the completion of the requirements.
The cash performance guarantee or letter of credit may recite the
foregoing provisions. The Township Engineer's certification that the
principal/obligor has satisfactorily installed or has defaulted in
meeting the required standards of construction and/or in providing
all the required bonded improvements shall be the basis for governing
body action which accepts or rejects the bonded improvements, withholds
approval, institutes appropriate action to obtain cost and expenses
from the obligor and/or co-obligor in cases of default or extends
the time allowed for installation of the bonded improvements. The
performance guarantee shall stay in full force and effect until released
by resolution of the governing body. The initial term of this guarantee
shall be for one year. At the end of the initial or any subsequent
guarantee term, upon request of the governing body, in writing, by
certified mail, with copies to the Planning Board and Township Engineer,
the applicant may request an extension of the guarantee interval.
(5)
After a review by the Township Engineer of the cost of uncompleted
bonded improvements and the potential cost to repair defective installed
improvements, the governing body may increase or decrease the amount
of the original performance guarantee, may require a new or modified
performance guarantee to be provided by the applicant, may extend
the guarantee interval or may deny the request for an extension if
the subdivision or site plan approval resolution did not specifically
grant a longer interval for completion of all bonded improvements.
Notwithstanding the terms of any performance guarantee then in force,
all bonded improvements in a total or portion of a major subdivision
or site development as covered by the performance guarantee in question
shall be completed by the applicant in a manner acceptable to the
governing body within two years of issuance of the first certificate
of occupancy in a major subdivision and within one year for a major
site development, unless extended by the governing body for good cause.
(6)
Notwithstanding the foregoing, the governing body may accept a certificate of deposit as a performance guarantee and safety and stabilization guarantee for up to 90% of the amount of performance guarantee provided for in Subsection C(3) of this section, subject to the following terms and conditions:
(a)
The present value of any such certificate of deposit, at the time of posting, shall be equal to 100% of the cash equivalent of the percentage of the performance guaranty provided for in Subsection C(3) of this section and for which such certificate of deposit shall be posted.
(b)
Except as is provided for in Subsection (6)(d) of this section, the governing body shall not accept any certificate of deposit which shall have a present value as of posting in an amount of less than 90% of the engineer's estimate. In addition, the Chief Financial Officer shall approve the depository bank which shall have issued such certificate of deposit.
(c)
The term of any such certificate of deposit shall be for a period
of one year and shall provide, either on its face or on the assignment
provided for herein, for automatic renewal of such certificate by
the depository bank, unless the depository bank shall forward notice
of nonrenewal of such certificate to the Township by certified mail,
return receipt request, not less than 60 days prior to the anniversary
date of such certificate of deposit. In the event that the Township
shall receive notice of intent not to renew the certificate of deposit
from the depository bank, then the Township shall be entitled to draw
upon such certificate of deposit in an amount equal to 120% of the
costs of those bonded improvements which have not been completed by
the developer in accordance with the Township's standards.
(d)
In the event that the developer shall apply for a partial release
of any such certificate of deposit, it shall be a requirement of such
partial release that the developer shall post a certificate of deposit
or a letter of credit with a present value at the time of the posting
of the same equal to 120% of the remaining balance of the cost of
the bonded improvements which have not been competed in accordance
with the Township's standards. Any such certificate of deposit or
letter of credit shall otherwise conform to the requirements of this
section or to the Colts Neck Township development regulations, except
that any such certificate of deposit posted in connection with an
application for partial release may be in an amount less than $100,000.
In no event shall the Township release more than 70% of the amount
of the original performance guarantee posted with the Township until
completion and acceptance of all improvements and posting of maintenance
guarantees.
(e)
In the event that the Township shall draw upon
any certificate of deposit posted under this section, the Township
shall be entitled to include in the amount to be drawn upon by the
Township any fees and penalties for early withdrawal and any loss
of interest which would otherwise be retained by the Township and
which resulted from the drawing upon such certificate of deposit of
the Township.
(f)
The Township shall be entitled to retain, for
administrative expenses, a sum equal to 1/3 of the interest which
shall accrue with respect to any certificate of deposit under this
section from the time of posting to the time of the release of the
same by the Township and which shall be in lieu of all other administrative
and custodial expenses incurred by the Township in connection with
the posting and retention of such certificate of deposit.
(g)
It shall be a condition of the posting of any
certificate of deposit under this section that the developer shall
provide the Township with an assignment of such certificate of deposit
in form satisfactory to the Township Attorney which shall include
a consent to such assignment executed by the depository bank.
D.
The Township Clerk shall immediately notify the approving authority
when the performance guarantee has been approved and accepted by the
governing body.
E.
Preconstruction conference; billing; reports.
(1)
Prior to beginning any site improvements, changes,
grading, construction or any other site work covered by this chapter,
the developer shall arrange for a preconstruction conference between
the developer, contractors and Township Engineer. All improvements
shall be inspected during installation by the Township Engineer to
ensure satisfactory completion. The Township Engineer shall be notified
by the developer 14 days in advance of the start of initial construction
and five days in advance of all subsequent phases of construction
if a time period of five days has lapsed since the date of the last
inspection. The cost of said inspection shall be the responsibility
of the developer.
(2)
Inspection fees.
(a)
The developer shall reimburse the Township for reasonable inspection
fees paid to the Township engineer for inspection of improvements.
The inspection fee posted by the developer in escrow shall be in an
amount:
[1]
Not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements that are subject to a performance guarantee under Subsection C(3) above; and
[2]
Not to exceed 5% of the cost of private site improvements that
are not subject to a performance guarantee.
(b)
For those developments for which inspection fees total less
than $10,000, fees may, at the option of a developer, be paid in two
installments. The initial amount deposited in escrow by a developer
shall be 50% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Township engineer
for inspections, the developer shall deposit the remaining 50% of
the inspection fees.
(c)
For those developments for which the inspection fees total $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited in escrow by a developer
shall be 25% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by an amount paid to the Township engineer
for inspections, the developer shall make an additional deposit of
25% of the inspection fee.
(d)
If the Township determines that the amount in escrow for the
payment of inspection fees is insufficient to cover the cost of additional
required inspections, the Township may require the developer to deposit
additional funds in escrow provided that the Township delivers to
the developer a written inspection escrow deposit request signed by
the Township engineer, which informs the developer of the need for
additional inspections; details the items or undertakings that require
inspections; estimates the time required for those inspections and
estimates the cost of performing those inspections.
(3)
Improvement costs, as estimated in this section, shall
be defined to include but not be limited to material, construction
and installation, costs of grading, pavement, monuments, drainage
structures, storm sewers, sanitary sewers and other means of sewerage
disposal, water mains, fire protection features, streets, gutters,
curbs, culverts, sidewalks, streetlighting, shade trees, parking areas,
landscaping, street signs, erosion control and sedimentation control
devices, public improvements of open space and other on-tract and
off-tract improvements.
(4)
The Engineer and other agents of the Township shall
bill the Township for their services in connection with the developer's
project. In the event that the bills submitted to the Township as
the work progresses exceed 75% of the amount initially deposited by
the developer, then the Engineer shall submit a new estimate of the
total construction inspection fee. If the new estimated total construction
inspection fee is in excess of the initial amount provided by the
developer, then the Planning Board shall forward a copy of the new
estimate to the developer via certified mail, return receipt requested,
and the developer shall then deposit additional moneys with the Township
sufficient to cover the new estimated total.
(5)
At reasonable intervals, if requested by the developer,
the Planning Board shall request the Engineer to submit reports which
shall detail his or her services and charges provided to the Township
regarding the developer's project, and the same shall be made available
to the developer. When the engineering and other services regarding
the developer's project are concluded, if the bills of the Township
Engineer and other agents, servants and employees are in a sum less
than the moneys deposited by the developer, the Township shall cause
a refund to be made to the developer at such time as the developer
has satisfied his or her obligations to the Township of Colts Neck
pursuant to the provisions of this chapter. If the Engineer's bills
are in a sum greater than the moneys deposited by the developer, then
on notification the developer shall forthwith deposit additional moneys
with the Township of Colts Neck which shall be in an amount sufficient
to reimburse the Township of Colts Neck for all of its engineering
and associated cost in connection with the developer's project.
F.
No work covered by development approval and/or ordinance
provisions shall be done without permission from the Township Engineer.
A representative of the Township Engineer's office shall, at the option
of the Township Engineer, be present at the time all work is performed.
No underground installation shall be covered until inspected and approved.
G.
Electrical, gas, telephone and all other public utility
installations installed by utility companies or their agents are excepted
from the above inspection requirements.
H.
Occupancy permits will be issued only when the installation
of curbs, utilities, functioning water supply and sewage treatment
facilities, necessary storm drainage to ensure proper drainage of
the lot and surrounding land, rough grading of lots, soil stabilization,
base course for the street and driveway, erosion and sedimentation
control devices and sidewalks are installed to serve the lot and structure
for which the permit is requested.
I.
Inspection by the Township of Colts Neck Engineer
or other agents, servants or employees of the installation of improvements
and utilities by the developer shall not operate to subject the Township
of Colts Neck 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 developer
and his or her contractors, if any.
J.
Request for performance guarantee and safety and stabilization guarantee
reduction or release.
(1)
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements and the connection of the same to the public system, the obligor may request of the governing body, in writing, by certified mail addressed in care of the Municipal Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsections B and C of this section, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the developer shall send a copy of the request to the approving authority and the Municipal Engineer. The request shall indicate which bonded improvements have been completed and which improvements remain uncompleted in the judgement of the developer. Thereupon the Municipal Engineer shall inspect all bonded improvements covered by the developer's request and shall file a detailed list and report, in writing, with the Township Committee 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 Municipal Engineer shall state, in detail with respect 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 improvement determined to be unsatisfactory. The report prepared by the Municipal 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 improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsections B and C of this section. Payment of all outstanding construction inspection fees is a condition precedent to release of and/or reduction of performance guarantees. Attached to the approving authority's and Township Engineer's copies of final inspection request by the developer shall be provided two copies of a Final As-Built Survey of the improvements grading and utility plans and profiles installed, unless the Township Engineer determines that the approved plats are adequate.
K.
Processing requests for performance guarantee and safety and stabilization
guarantee reduction or release.
[Amended 12-12-2018]
(1)
The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Municipal Engineer or reject any or all of these 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 and safety stabilizing guarantee relating to the improvements accepted in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsections B and C of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution by the governing body, the developer shall be release from all liability pursuant to its performance guarantee and safety stabilizing guarantee with respect to those approved bonded improvements, except that an amount equal to 15% of the cost of completed improvements to assure upkeep of these improvements until all improvements are completed and covered by a maintenance guarantee shall be withheld and 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 performance guarantee and safety stabilizing guarantee posted may be retained to ensure completion and acceptability of all improvements 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%.
(2)
If the Municipal Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection K(1) of this section within 45 days from the receipt of the request, the developer may apply to the court in a summary manner for an order compelling the Municipal Engineer to provide the list and report within a stated time, and the cost of applying to the court, including reasonable attorneys' fees, may be awarded to the prevailing party. If the governing body fails to approve or reject the bonded improvements determined by the Municipal 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 Municipal 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 a reduction in the performance guarantee for the approval of complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection K(1) of this section; and the cost of applying to the court, including reasonable attorneys' fees, may be awarded to the prevailing party.
(3)
In the event that the developer has made a cash deposit with the
municipality or the 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 safety and
stabilization guarantee is included as a line item of the performance
guarantee the municipality may retain cash equal to the amount of
the remaining safety and stabilization guarantee.
L.
If any portion of the required bonded improvements is not completed
and/or is rejected, the approving authority may require the obligor
to complete such improvements, and, upon completion, the same procedure
of notification as set forth in this section shall be followed. If
the required improvements are not completed or corrected in accordance
with the performance guarantee and/or the requirements in this chapter
and/or in the conditions of application approval, the obligor and
co-obligor, if any, shall be liable thereon to the municipality for
the reasonable cost of the improvements not completed or corrected
and other associated costs, and the municipality may require payment
under the performance guarantee and may, either prior to or after
the receipt of the proceeds thereof, complete such improvements.
M.
The approval of any plat under this chapter by the
approving authority shall in no way be construed as acceptance of
any street or drainage system or any other improvement required by
this chapter, nor shall such plat approval obligate the Township in
any way to maintain or exercise jurisdiction over such street or drainage
system or other improvement.
N.
No improvement shall be accepted or any performance guarantee, temporary
certificate of occupancy or safety and stabilization guarantee be
fully released by the governing body unless and until all of the following
conditions have been met:
(1)
The Township Engineer shall have certified, in writing,
that the improvements in question are complete and that they comply
fully with the requirements of this chapter and the approved plans
and any conditions placed on approval and of other applicable local
ordinances.
(2)
The developer has provided a maintenance guarantee in the amount not to exceed 15% of the cost of the installation of the improvements which are being released. The maintenance guarantee, upon the inspection and issuance of final approval by the Township Engineer shall also include an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins in-flow and water quality structures within the basins, and the out-flow pipes and structures of the stormwater management system, if any, which cost shall be determined in accordance with Subsection C above. The maintenance guarantee shall be in a form and content acceptable to the governing body and shall stay in full force and effect until released by resolution of the governing body or for a term not to exceed two years whichever occurs first and shall automatically expire at the end of the two years term. 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. A municipality shall not require that a maintenance guarantee required pursuant to this section be in cash or that more than 10% of a performance guarantee pursuant to that section be in cash. A developer may, however, provide at his or her option some or all of a performance guarantee in cash.
(3)
To obtain release of the maintenance bond, the developer
shall, after all maintenance required has been completed, apply to
the governing body, in writing, by certified mail, with copies to
the approving authority and Township Engineer, for final inspection
of the work; such request shall be accompanied by a current certification
by the administrative officer stating that all construction inspection
fee bills rendered to the developer have been paid. The Township Engineer
shall, within 30 days of receipt of request for inspection, report,
in writing, to the approving authority, indicating either approval,
partial approval or rejection of the improvements from a maintenance
viewpoint, with a statement of reasons for any rejection.
(4)
Upon recommendation of the approving authority, the
governing body shall either approve or reject improvements and release
of the maintenance bond or reduce the amount of the maintenance bond,
following the same procedures as for a performance guaranty. Any unused
construction inspection fees shall be returned to the applicant within
90 days of release of the maintenance guaranty.
(5)
If the required maintenance work has not been completed
in accordance with the standards of the Township or within the stipulated
time, the obligor and/or surety, as provided by law, for the bond
shall be liable thereon to the Township for the reasonable cost of
required maintenance work, including engineering, legal and administrative
costs, and upon authorization by the governing body, the Township
Attorney shall take the necessary steps to obtain such costs from
the obligor and/or surety either prior to or after completion of the
required maintenance work by the Township or its agents.
O.
The approving authority shall, for the purposes of
Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53), accept a performance
guaranty or maintenance guaranty 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 pursuant to Section 41 of
P.L. 1975, c. 291 (N.J.S.A. 40:55D-53);
(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 developer fails to furnish another letter of credit
which complies with the provisions of this section 30 days or more
in advance of the expiration date of the letter of credit or such
longer period in advance thereof as is stated in the letter of credit.
P.
The cost of the installation of improvements for the
purposes of Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53),
shall be estimated by the Municipal Engineer based on documented construction
costs for public improvements prevailing in the general area of the
municipality. The developer may appeal the Municipal Engineer's estimate
to the governing body. The governing body shall decide the appeal
within 45 days of receipt of the appeal, in writing, by the Municipal
Clerk. After the developer posts a guaranty with the municipality
based on the cost of the installation of improvements as determined
by the governing body, he or she may institute legal action within
one year of the posting in order to preserve the right to a judicial
determination as to the fairness and reasonableness of the amount
of the guaranty.
All ordinances or parts of ordinances which
are inconsistent with the provisions of this chapter are hereby repealed
to the extent of such inconsistency. Upon the adoption of this chapter
according to law, all previously adopted subdivisions, site plan and
zoning ordinances and their amendments are repealed.
A.
The provisions of this chapter shall be held to be
minimum requirements. Where this chapter establishes both minimum
and maximum standards, both standards shall be met even though the
combination of standards may not permit development to take advantage
of all standards simultaneously. Where any provision of this chapter
imposes restrictions different from those imposed by any other provision
of this chapter or any other ordinance, rule or regulation or other
provision of law, whichever provision(s) are most restrictive or impose
higher standards shall control.
A.
No construction permit or certificate of occupancy
shall be issued for any parcel of land or structure which was sold
or on which improvements were undertaken in violation of the provisions
of this chapter or for use of a lot which was created by subdivision
after the effective date of and not in conformity with the provisions
of this chapter. No site improvements, such as, but not limited to,
excavation or construction of public or private improvements, shall
be commenced except in conformance with this chapter and in accordance
with plat approvals and the issuance of required permits.
B.
It shall be unlawful to use or permit the use of any
building or site or part thereof hereafter created, erected, changed,
converted, altered or enlarged, wholly or in part or which involves
a change in use, until a certificate of occupancy shall have been
issued by the Construction Official. No certificate shall be issued
unless the land, building and use thereof comply with this chapter,
unless all matters incorporated on the approved subdivision or site
plan have been completed, certified by the Township Engineer and approved
by the approving authority or until a performance guaranty approved
by the approving authority, acceptable to the governing body, in a
form approved by the Township Attorney, in an amount determined by
the Township Engineer to be sufficient to assure completion of all
the remaining improvement(s) and in a form guaranteeing completion
of the remaining improvements within a minimum of two years is in
hand and unless the building and health codes are complied with.[1]
A.
Establishment.
(1)
There is hereby established in the Township of Colts
Neck, pursuant to the Municipal Land Use Law, as amended,[1] a Planning Board of nine members, consisting of the following
four classes:
(a)
Class I shall consist of the Mayor.
(b)
Class II. One of the officials of the Township,
other than a member of the governing body, to be appointed by the
Mayor, provided that if there is an Environmental Commission member
who is also a member of the Planning Board as required by N.J.S.A.
40:56A-1, as amended, said member shall be deemed to be the Class
II Planning Board member if there is both a member of the Zoning Board
of Adjustment and a member of the Board of Education among the Class
IV members.
(c)
Class III shall consist of a member of the governing
body to be appointed by it.
(d)
Class IV shall consist of six other citizens
of the Township to be appointed by the Mayor.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
The members of Class IV shall hold no other municipal
office, except that one member may be a member of the Zoning Board
of Adjustment and one may be a member of the Board of Education. A
member of the Environmental Commission who is also a Planning Board
member as required by N.J.S.A. 40:56A-1, as amended, shall be a Class
IV Planning Board member, unless there be among the Class IV members
of the Planning Board both a member of the Zoning Board of Adjustment
and a member of the Board of Education, in which case the member of
the Environmental Commission shall be deemed to be a Class II member
of the Planning Board.
(3)
Alternate members shall be appointed by the appointing
authority for Class IV members and shall meet the qualifications of
Class IV members of nine-member Planning Boards. Alternate members
shall be designated at the time of appointment by the Mayor as Alternate
No. 1 and Alternate No. 2. No alternate member shall be permitted
to act on any matter in which he or she has either directly or indirectly
any personal or financial interest. An alternate member may, after
public hearing if he or she requests one, be removed by the governing
body for cause.
(4)
Alternate members may participate in discussions of
the proceedings but may not vote except in the absence or disqualification
of a regular member of any class. A vote shall not be delayed in order
that a regular member may vote instead of an alternate member. In
the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
B.
Terms.
(1)
The term of the member composing Class I shall correspond
with his or her official tenure. The terms of the members composing
Classes II and III shall be for one year or shall terminate at the
completion of their respective terms of office, whichever occurs first,
except for a Class II member who is also a member of the Environmental
Commission. The term of a Class II or Class IV member who is also
a member of the Environmental Commission shall be for three years
or shall terminate at the completion of his or her term of office
as a member of the Environmental Commission, whichever occurs first.
(2)
The term of a Class IV member who is also a member
of the Zoning Board of Adjustment or a Board of Education shall terminate
whenever he/she is no longer a member of such other body or at the
completion of his or her Class IV term, whichever occurs first.
(3)
The terms of all Class IV members first appointed
pursuant to this chapter shall be so determined that, to the greatest
practicable extent, the expiration of such terms shall be distributed
evenly over the first four years after their appointment; provided,
however that no term of any member shall exceed four years, and further
provided that nothing herein shall affect the term of any present
member of the Planning Board, all of whom shall continue in office
until the completion of the terms for which they were appointed. Thereafter,
all Class IV members shall be appointed for terms of four years, except
as otherwise herein provided. All terms shall run from January 1 of
the year in which the appointment was made.
(4)
The terms of the alternate members shall be for two
years, except that the terms of the alternate members shall be such
that the term of not more than one alternate member shall expire in
any one year; provided, however, that in no instance shall the terms
of the alternate members first appointed exceed two years. A vacancy
occurring otherwise than by expiration of term shall be filled by
the appointing authority for the unexpired term only.
C.
Vacancies. If a vacancy of any class shall occur otherwise
than by expiration of a term, it shall be filled by appointment by
the Mayor for the unexpired term.
D.
Authority. Except where a variance is involved under § 102-8B(2)(d) of this chapter, the Planning Board is the approving agency for approval of all subdivisions, site plans and conditional uses which conform to the provisions of this chapter, and the owner, developer or occupant is required to request such approval. The Planning Board shall have the following authority:
(1)
The Planning Board, when reviewing development applications, may grant exceptions as noted in § 102-13, Exceptions, in Article IV, and shall have the power to grant variances to the same extent and subject to the same restrictions as the Zoning Board of Adjustment for the following.
(a)
The Planning Board shall have the power to grant a variance where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to Part 3 herein would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property; grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship; where, in an application or appeal relating to a specific piece of property the purposes of this act would be advanced by a deviation from the zoning provision requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Parts 3 and 4 herein; provided, however, that no variance from those departures enumerated in § 102-8B(2)(d) of this chapter shall be granted under this subsection.
(b)
Whenever relief is requested pursuant to this
subsection, notice of the hearing on the application for development
shall include reference to the request for a variance or direction
for issuance of a construction permit, as the case may be. Whenever
an application for approval of a subdivision plat, site plan or conditional
use includes a request for a variance or the issuance of a permit,
the Planning Board shall grant or deny approval of the application
within 120 days after submission of a complete application to the
administrative officer and certification of the same as complete by
the administrative officer or within such further time as may be consented
to by the applicant. Failure of the Planning Board to act within this
period shall constitute approval of the application.
(c)
The Planning Board shall have the power to direct
the 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 adopted Official Map whenever one or more parcels
of land located in these areas cannot yield a reasonable return to
the owner unless a construction permit is granted, provided that the
approval given will, as little as practicable, increase the cost of
opening such street or tend to cause minimum change to the Official
Map, and the Board shall impose reasonable requirements as a condition
of granting the permit so as to promote the health, morals, safety
and general welfare of the public. A variance under this subsection
shall be granted only by an affirmative vote of a majority of the
full authorized membership of the Planning Board.
(d)
The Planning Board shall have the power to direct
the issuance of a permit for a building or structure not related to
a street where the denial of the permit would entail practical difficulty
or unnecessary hardship or the circumstances do not require the building
or structure to be related to a street, except that the issuance of
such a permit shall be subject to conditions that will provide adequate
access for fire-fighting equipment, ambulances and other emergency
vehicles necessary for the protection of health and safety and subject
to conditions that will protect any future street layout shown on
the Official Map or on a general circulation plan element of the Master
Plan.
(e)
Whenever a variance is granted pursuant to this
subsection along with subdivision and/or site plan approval, the period
of time to commence the development approved by the Planning Board
shall be the same as the period of time for other rights conferred
upon the applicant by such subdivision or site plan approval.
[Added 5-25-2005]
(2)
The Planning Board shall also have the power to review and approve or deny conditional uses as outlined in § 102-11, Conditional uses, in Article IV. The Board has the authority to review all aspects of a development plan simultaneously with a review for a subdivision and/or a site plan without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to these provisions, notice of the public hearing shall include reference to the request for a subdivision or site plan.
(4)
In the event that the Planning Board disapproves a
development plan, no construction permit or certificate of occupancy
shall be issued. Any applicant wishing to make a change in an approved
application shall follow the same procedures as the original application.
(5)
The Planning Board shall have the authority to permit
a deviation from the final plan if caused by change of conditions
beyond the control of the developer since the date of final approval
and the deviation would not substantially alter the character of the
development or substantially impair the intent and purpose of the
Master Plan and zoning regulations.
(6)
Whenever an application for approval of a subdivision
plat, site plan or conditional use includes a request for a variance
or construction permit in conflict with the Official Map or for a
lot not related to a street, the Planning Board shall grant or deny
approval of the application within 120 days after submission by a
developer of a complete application to the administrative officer
and certification of the same as complete by the administrative officer
or within such further time as may be consented to by the applicant.
(7)
The Planning Board Chairman may, from time to time
and as may be appropriate, create committees of the Board in addition
to the Technical Review Committee for such duration and purpose as
may be appropriate in order to undertake research, submit findings
and make recommendations to the Board and to perform such other advisory
roles as may be needed. The Chairman shall appoint one or more members
to serve on each committee.
F.
If the Planning Board lacks a quorum because any of
its regular or alternate members is prohibited by Subsection b of
Section 14 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-23), or Section 13
of P.L. 1979, c. 216 (N.J.S.A. 40:55D-23.1.), from acting on a matter
due to the member's personal or financial interests therein, regular
members of the Board of Adjustment shall be called upon to serve,
for that matter only, as temporary members of the Planning Board,
in order of seniority of continuous service to the Board of Adjustment,
until there is the minimum number of members necessary to constitute
a quorum to act upon the matter without any personal or financial
interest therein, whether direct or indirect. If a choice has to be
made between regular members of equal seniority, the Chairman of the
Board of Adjustment shall make the choice.
All uses not expressly permitted in this chapter
are prohibited.
A.
Organization of Board. The Planning Board shall elect
a Chairperson and Vice Chairperson from the members of Class IV. The
Zoning Board of Adjustment shall elect a Chairperson and Vice Chairperson
from its membership. Both Boards shall elect a Secretary.
B.
Attorney. There is hereby created the Office of Planning
Board Attorney and the Office of Attorney to the Zoning Board of Adjustment.
Each Board may annually appoint, fix the compensation of or agree
upon the rate of compensation of its respective Board Attorney who
shall be an attorney other than the Township Attorney.
C.
Experts and staff. The Planning Board and the Zoning
Board of Adjustment may employ or contract for the services of experts
and other staff and services as they may deem necessary, including
an Assistant Secretary to perform secretarial duties. The Board shall
not authorize expenditures which exceed, exclusive of the gifts or
grants, the amount appropriated by the governing body for its use.
D.
Rules and regulations. Each Board shall adopt such
rules and regulations as may be necessary to carry into effect the
provisions and purposes of this chapter. In the issuance of subpoenas,
the administration of oaths and the taking of testimony, the provisions
of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1
et seq., as amended) shall apply.
E.
Conflicts of interest. No member of the Planning Board
or Zoning Board of Adjustment shall act on any matter in which he
or she has, either directly or indirectly, any personal or financial
interest. Whenever any such member shall disqualify themselves from
acting on a particular matter, they shall not continue to sit with
the Board on the hearing of such matter nor participate in any discussion
of the decision relating thereto.
F.
Meetings.
(1)
Meetings of both the Planning Board and the Zoning
Board of Adjustment shall be scheduled no less often than once a month,
and any meeting so scheduled shall be held as scheduled unless canceled
for lack of applications for development to process or other good
cause.
(2)
Special meetings may be provided for at the call of
the Chairperson or on the request of any two Board members, which
shall be held on notice to its members and the public in accordance
with all applicable legal requirements.
(3)
No action shall be taken at any meeting without a
quorum being present. All actions shall be taken by majority vote
of the members of the approving authority present at the meeting,
except as otherwise required by any provision of Chapter 291 of the
Laws of New Jersey 1975, as amended.
G.
Minutes. Minutes of every regular or special meeting
shall be kept and shall include the names of the persons appearing
and addressing the Board and of the persons appearing by attorney,
the action taken by the Board, the findings, if any, made by it and
the reasons therefor. The minutes shall thereafter be made available
for public inspection during normal business hours at the office of
the Municipal Clerk. Any interested party shall have the right to
compel production of the minutes for use as evidence in any legal
proceeding concerning the subject matter of such minutes. Such interested
party may be charged a fee for reproduction of the minutes for his
or her use.
H.
Hearings.
(1)
Rules. The Planning Board and Zoning Board of Adjustment
may make rules governing the conduct of hearings before such bodies,
which rules shall not be inconsistent with the provisions of N.J.S.A.
40:55D-1 et seq., as amended, or of this chapter.
(2)
Oaths. The officer presiding at the hearing or such
person as he or she may designate shall have the power to administer
oaths or issue subpoenas to compel the attendance of witnesses and
the production of relevant evidence, including witnesses and documents
presented by the parties, and the provisions of the County and Municipal
Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq., as
amended), shall apply.
(3)
Testimony. The testimony of all witnesses relating
to an application for development shall be taken under oath or affirmation
by the presiding officer, and the right of cross-examination shall
be permitted to all interested parties through their attorneys, if
represented, or directly, if not represented, subject to the discretion
of the presiding officer and to reasonable limitations as to time
and number of witnesses.
(4)
Evidence. Technical rules of evidence shall not be
applicable to the hearing, but the Board may exclude irrelevant, immaterial
or unduly repetitious evidence.
(5)
Records. Each Board shall provide for the verbatim
recording of the proceedings by either stenographer or mechanical
or electronic means. The Board shall furnish a transcript or duplicate
recording in lieu thereof on request by any interested party at his
or her expense.
(6)
Certified Court reporter. 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.
(7)
Voting. When any hearing before either the Zoning
Board of Adjustment or Planning Board shall carry over two or more
meetings, a member of the Board who was absent for one or more of
the meetings shall be eligible to vote on the matter upon which the
hearing was conducted, notwithstanding his or her absence from one
or more of the meetings; provided, however, that such Board member
has available to him or her a transcript or recording of the meeting
from which he/she was absent and certifies, in writing, to the Board
that he/she has read such transcript or listened to such recording.
All hearings conducted on subdivisions, site
plans or variances before either the Zoning Board of Adjustment or
Planning Board shall follow the requirements of the Municipal Land
Use Law, as amended,[1] as summarized below:
A.
Any maps and documents submitted for approval shall
be on file and available for public inspection at least 10 days before
the public hearing date, during normal business hours in the office
of the administrative officer.
B.
The approving authority shall provide for the verbatim
recording of the proceedings by either stenographic, mechanical or
electronic means.
C.
Decisions; memorialization of resolutions.
(1)
Each decision on any application for development shall
be reduced to writing as provided in this section and shall include
findings of facts and conclusions based thereon. Failure of a motion
to approve an application for development to receive the number of
votes required for approval shall be deemed an action denying the
application. The approving authority may provide such written decision
and findings and conclusions either on the date of the meeting at
which the approving authority takes action to grant or deny approval
or, if the meeting at which such action is taken occurs within the
final 45 days of the applicable time, within 45 days of such meeting
by the adoption of a resolution of memorialization setting forth the
decision and the findings and conclusions of the approving authority
thereon.
(2)
An action resulting from the failure of a motion to
approve an application shall be memorialized by resolution as provided
above. The adoption of a resolution of memorialization pursuant to
this subsection shall not be construed to alter the applicable time
period for rendering a decision on the application for development.
Such resolution shall be adopted by a vote of a majority of the members
of the approving authority who voted for the action previously taken,
and no other member shall vote thereon.
(3)
The vote on such resolution shall be deemed to be
a memorialization of an action of the approving authority and not
to be an action of the approving authority, except that failure to
adopt such a resolution within the 45 days' period shall result in
the approval of the application for development, notwithstanding any
prior action taken thereon.
(4)
Whenever a resolution of memorialization is adopted
in accordance with this subsection, the date of such adoption shall
constitute the date of the decision for purposes of the mailings,
filings and publications required by these regulations.
D.
A copy of the decisions shall be mailed by the approving
authority, within 10 days of the date of the decision, to the applicant
or, if represented by an attorney, to the attorney, and a copy shall
also be filed in the office of the administrative officer. A brief
notice of the decision shall also be published in the official newspaper
of the municipality, if there be one, or in a newspaper of general
circulation in the municipality, the publication of which shall be
arranged by the administrative officer. The period of time in which
an appeal of the decision may be made shall run from the first publication
of the decision.
E.
All public notices shall state the date, time and
place of the public hearing, the nature of all the matters to be considered
and an identification of the property proposed for development by
street address, if any, or by reference to lot and block numbers and
the location and times at which any maps and documents are available
for public inspections.
F.
All public notices for public hearings on developments
shall be the responsibility of the applicant and shall be given at
least 10 days prior to the hearing date, and the public hearing date
shall be set by the approving authority.
(1)
Public notice shall be given by publication in the
official newspaper of the municipality, if there be one, or in a newspaper
of general circulation in the municipality.
(2)
Service of notice to adjacent property owners.
(a)
Public notices shall be given to the owners
of all real property, as shown on the current tax duplicate, located
in this state and within 200 feet in all directions of the property
which is the subject of such hearing, provided that this requirement
shall be deemed satisfied by notice to the condominium association,
in the case of any unit owner whose unit has a unit above or below
it, or the horizontal property regime, in the case of any co-owner
whose apartment has an apartment above or below it. This notice shall
be given either by serving a copy thereof on the property owner as
shown on said current tax duplicate or his or her agent in charge
of the property or by mailing a copy thereof by certified mail to
the property owner at his or her address as shown on said current
tax duplicate.
(b)
Public notice to a partnership owner may be
made by service upon any partner. Notice to a corporate owner may
be made by service upon its president, a vice president, secretary
or other person authorized by appointment or by law to accept service
on behalf of the corporation. Notice to a condominium association,
horizontal property regime, community trust or homeowners' association,
because of its ownership of common elements or areas located within
200 feet of the property which is the subject of the hearing, may
be made in the same manner as to a corporation without further notice
to unit owners, co-owners or homeowners on account of such common
elements or areas.
(c)
Notice of hearings on applications for development
involving property located within 200 feet of an adjoining municipality
shall be given by personal service or certified mail to the Clerk
of such municipality. Notice shall be given by personal service or
certified mail to the County Planning Board for all hearings where
the hearing concerns a property adjacent to an existing county road
or proposed road shown on the Official County Map or on the County
Master Plan, adjoining other county land or situated within 200 feet
of a municipal boundary; the Commissioner of Transportation where
the hearing concerns a property adjacent to a state highway; or the
State Planning Commission where the hearing concerns a property which
exceeds 150 acres or exceeds 500 dwelling units, and this notice shall
include a copy of any maps or documents required to be on file with
the administrative officer.
(d)
Upon the written request of an applicant, the
Township Planner shall, within seven days, make and certify a list
of names and addresses of the owners of all real property shown on
the current tax duplicates and within 200 feet in all directions of
the property which is the subject of the hearing for which notice
is required. The applicant shall be entitled to rely upon the information
contained in such list, and the failure to give notice to any owner
not on the list shall not invalidate any hearing or proceeding. A
sum not to exceed $0.25 per name or $10, whichever is greater, may
be charged for such list.
[Amended 11-28-2001]
G.
The applicant shall file a list of all property owners
within 200 feet from all municipalities affected and an affidavit
of proof of service of required notices and of public notice publication
with the approving authority holding the hearing. Any notice made
by certified mail shall be deemed complete upon mailing.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
These regulations shall not be construed as
abating any action now pending under or by virtue of prior existing
subdivision, site plan or zoning regulations or as discontinuing,
abating, modifying or offering any penalty accruing or about to accrue
or as affecting the liability of any person, firm or corporation or
as waiving any right of the municipality under any section or provision
existing at the time of adoption of this chapter or as vacating or
annulling any rights obtained by any person, firm or corporation by
lawful action of the Township except as shall be expressly provided
for in this chapter.
A site plan approval is required for all residential and nonresidential developments which do not meet the definition of an exempt site plan as defined in Article III. No construction permit for a building located on a site which requires site plan approval shall be issued until site plan approval has been granted. The approving authority may waive site plan approval of an application if it finds that the proposal does not noticeably affect items set forth in this chapter to be considered in site plan approval.
[1]
Editor's Note: Former § 102-27,
Variance application referral to Planning Board from Board of Adjustment,
was repealed 5-25-2005.
Where a street or public way serves as the zoning
district line and it is lawfully vacated, the former center line shall
be considered the zoning district line.
If any section, subsection, paragraph, clause
or other provision of this chapter shall be adjudged by the Courts
to be invalid, such adjudication shall apply only to the section,
subsection, paragraph, clause or provision so adjudged, and the remainder
of this chapter shall be deemed valid and effective.
A.
In case any building or structure is erected, constructed,
altered, repaired, converted, moved or maintained or any building,
structure or land is used in violation of this chapter or of any ordinance
or other regulation made under authority conferred hereby, the proper
local authorities of the Township or an interested party, in addition
to other remedies, may institute any appropriate action or proceedings
to prevent such unlawful erection, construction, reconstruction, alteration,
repair, moving, conversion, maintenance or use, to restrain, correct
or abate such violation, to prevent the occupancy of said building,
structure or land and to prevent any illegal act, conduct, business
or use in or about such premises.
B.
If, before final subdivision approval has been granted,
any person transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which Township approval is required by this chapter, such person
shall be subject to a penalty not to exceed $1,000, and each lot disposition
so made may be deemed a separate violation.
C.
Any person, firm or corporation who or which violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of the provisions of this chapter or any order, decision or determination by the Planning Board or Zoning Board of Adjustment shall be punishable as provided in § 1-9 of this Code.
[Amended 10-8-1997; 3-8-2006]
D.
In addition to the foregoing, the Township may institute
and maintain a civil action:
E.
As allowed by applicable law, the transferee, purchaser
or grantee shall be entitled to a lien upon the portion of the land
from which the subdivision was made that remains in the possession
of the developer or his or her assigns or successors to secure the
return of any deposits made or purchase price paid and, also, a reasonable
search fee, survey expense and title closing expense, if any. Any
such action must be brought within two years after the date of the
recording of the instrument of transfer, sale or conveyance of said
land or within six years if unrecorded.
The zoning districts shall be as shown on the accompanying map and enumerated in the district regulations (see Part 3 of this chapter).
A.
The approving authority shall have the power to review
and approve or deny conditional uses, site plans and/or subdivisions
simultaneously without the developer being required to make further
application or the approving authority being required to hold further
hearings. The longest time period for action by the approving authority,
whether it be for subdivision, conditional use or site plan approval,
shall apply. Whenever simultaneous review and approval of conditional
use, site plan and/or subdivision is requested by the developer, notice
of the hearing on the plat shall include reference to requests for
all reviews and approvals requested.
B.
Applications requiring approving authority action
in accordance with the provisions of this chapter shall be submitted
to the approving authority administrative officer.
[Added 3-28-2012]
A.
For all applications for development, a Colts Neck Township zoning
application shall first be made to the administrative officer (Zoning
Officer) for issuance of a zoning approval by any person wishing to
undertake any regulated activity.
B.
If the administrative officer (Zoning Officer) determines that the proposed undertaking is an exempted development which conforms in all aspects to the requirements of this chapter and does not require direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-35, the application for zoning approval shall be issued and the applicant may then apply for a building permit and/or other permits that may be required. However, if the exempted developments also meets the definition of “major development" as per § 102-46.4, Stormwater control, the applicant must first obtain the Township Engineer’s grading and drainage approval prior to the issuance of zoning approval.
[Amended 2-10-2021 by Ord. No. 2021-3]
C.
If the administrative officer (Zoning Officer) determines that the
proposed undertaking is an exempt development but does not conform
in all aspects to the requirements of this chapter and/or requires
direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34
or 40:55D-35, the applicant shall be instructed that Board of Adjustment
approval of an application for zoning variance and/or direction for
issuance of a building permit pursuant to N.J.S.A. 40:55D-34 and 40:55D-35
is required before zoning approval may be issued, allowing the applicant
to apply for a building permit and/or other permits that may be required.
D.
A Colts Neck Township zoning application shall be in writing by the
owner or his authorized agent and include the following:
(1)
A completed Colts Neck Township zoning application form and application fee pursuant to § 102-15.
(2)
A statement of the use or intended use or uses of the building,
structure or land.
(3)
Two sets of elevations and floor plans drawn to scale of the
building or structures to be erected, including signs to be placed
thereon and their content and manner of construction.
(4)
Two copies of a plot plan drawn to scale showing the proposed
land improvement as well as all existing site improvements, including
buildings, signs, driveways, parking areas, pool, sheds, patios, etc.,
with their setbacks and yard distances in exact location to street
and lot lines.
(5)
The proportion of existing and proposed lot coverage.
E.
The administrative officer (Zoning Officer) shall take action on
a complete application for a development within 10 business days of
its submission.
F.
If the administrative officer determines that the proposed undertaking
is not an exempt development, the applicant shall be instructed that
Planning Board or Board of Adjustment approval of an application for
development is required. The Zoning Officer shall further advise the
applicant which board has jurisdiction over the application for development
and which approvals are required.
G.
The Planning Board or Board of Adjustment shall hear and act upon
any requests for granting of variances, conditional use approval and/or
direction for issuance of a building permit at the same time that
they hear and act upon a minor subdivision, preliminary plat of a
major subdivision, a minor site plan or a preliminary plat of a major
site plan. Such simultaneous action may be taken in conjunction with
a final plat of a major subdivision or final major site plan if revisions
in the plat subsequent to preliminary plat approval shall have created
the need for such simultaneous action or if the application is for
combined preliminary and final plat approval.
A.
An informal submission is optional. Any person may
appear at a meeting of the approving authority for informal discussion
with reference to an informally prepared plat of sufficient accuracy
to be used for purpose of discussion. The purpose of such a discussion
will be to review overall development concepts in order to assist
the applicant in the preparation of subsequent plans. No decisions
will be made and no formal action taken on an informal discussion.
B.
Informal submission includes sketches to scale of
possible plan(s) for the development of an area. They are not binding
on the Township or upon the developer and do not necessitate accurate
engineered drawings. The data included on an informal submission of
a site plan shall include sufficient basic data to enable the approving
authority and the applicant to comment upon design concepts, such
as structure location, ingress and egress, parking, major natural
features that will have to be recognized or may influence certain
design criteria and the applicant's basic intent for water, sewerage
and storm drainage facilities.
C.
No fee shall be charged for an informal discussion.
If an informal discussion has not been held
on a proposal as outlined above, a sketch plat submission is recommended
for a major site plan or major subdivision. Whether or not an informal
discussion was held on a minor site plan or minor subdivision, a sketch
plat is required in order to record in the public record the plan's
classification and to take final action on the application. For a
minor subdivision or minor site, it is recommended that a plat meeting
both sketch plat and minor subdivision or minor site plan requirements
be submitted.
A.
Filing procedure.
(1)
The developer shall file an application for submission with the administrative
officer, at least 10 working days prior to the regular meeting of
the approving authority, the fee, together with a minimum of 10 copies
of said sketch plat, minor subdivision plat or minor site plan prepared
in accordance with the provisions of this chapter, 10 color copies
of an aerial photographic map depicting the entire tract and all surrounding
areas within 1,000 feet; three copies of a land survey prepared by
a licensed surveyor conducted no more than five years prior to the
date of the application, three copies of a freshwater wetland delineation
report, one copy of the sketch plat, minor subdivision plat or minor
site plan reduced to an eleven-inch-by-seventeen-inch paper and together
with three completed applications forms, W-9 taxpayer's identification
number certification, developer's escrow agreement, erosion control
agreement, disclosure statement, hold harmless form, Tax Collector's
certification, a Checklist No. 1 or Checklist No. 2,[1] attached hereto for classification of a sketch plat or
classification and approval of a minor subdivision plat or classification
and approval of a minor site plan, as well as separate electronic
PDF files for each item listed above. The electronic PDF files shall
be stored in a folder named by the application number and each individual
document file name shall be descriptive of its contents. All resubmissions
once an application is deemed complete for review shall be filed at
least 14 days prior to the regular meeting and contain separate electronic
PDF files for each document included in the resubmission. The electronic
PDF files shall be stored in a folder named by the application number
and each individual document file name shall be descriptive of its
contents.
[Amended 3-28-2012; 12-14-2016 by Ord.
No. 2016-23; 12-14-2016 by Ord. No. 2016-22]
[1]
Editor's Note: Checklist Nos. 1 and 2 are included at the
end of this chapter.
(2)
If a minor subdivision plat or minor site plan is
involved that is to be filed, one translucent tracing cloth master
copy of the plat must be provided. In addition, separate deeds covering
easements, dedications or restrictions contained in the approval may
be required. Where the developer does not plan to file the approved
plat, five copies of the lot deed(s), deed(s) for lands dedicated
to the Township for road widening purposes and for any other required
dedications and/or restrictions and/or easements covered by the approval
shall be provided and filed by the applicant. The administrative officer
shall issue an application number. Once an application has been assigned
a number, such number shall appear on all papers, maps, plats, etc.,
submitted for processing in conjunction with the subdivision of the
lot.
(3)
Within five days of certification of a complete application,
the administrative officer shall forward one copy of the plat to the
following:
(4)
The applicant shall submit required plats and documents
directly to the County Planning Board and any other county or state
agencies as required by law.
B.
Action by the approving authority.
(1)
The approving authority shall review the submission
and take action on rejecting, classifying and/or approving it. If
the application is found to be incomplete, the developer shall be
notified, in writing, of the deficiencies therein by the approving
authority or its authorized committee or designee(s) within 45 days
of the submission, or it shall be deemed to be properly submitted
as a complete application as of the 45 days' date. Within 45 days
of the date an application is certified as complete or within such
further time as may be consented to by the applicant, the approving
authority shall classify the application as a minor subdivision or
minor site plan or as a major subdivision or major site plan and,
if submitted and classified as a combined sketch plat and minor subdivision
plat or minor site plan, the approving authority shall waive any required
notice and public hearing and shall approve, approve with conditions
or deny the minor subdivision or minor site plan application. The
decision shall be in writing and shall be sent to the applicant and
his or her attorney, and a short statement concerning the decision
shall be published as required by this chapter. The approving authority
shall not grant approval of a minor subdivision or site plan until
five copies of required deeds dedicating lands for street rights-of-way
and for any other required dedications and/or easements covered by
the approval are provided to the approving authority if approved plats
are not to be filed. Such deeds are to be approved as to form and
content by the Township Engineer and Township Attorney and proof of
filing provided by the applicant.
(2)
Whenever review or approval of the application by the County Planning Board is required but not yet received, the municipal approving authority, in taking action to approve the plat, shall either grant conditional approval in accordance with § 102-10, Conditional approval, in Article IV or shall grant approval if the time period in which the county must take action has expired.
(3)
Before any plat is approved as a minor subdivision
or minor site plan, the developer shall provide the approving authority
with sufficient copies of the plat to be approved to forward and a
copy of the approved plat on a CD in a .dxf CADD format or an approved
equivalent. The approving agency shall, after approval, forward one
copy to each of the following, retaining one copy for its file:
[Amended 5-25-2005]
(4)
Approval; expiration.
(a)
Approval of a minor subdivision shall expire 190 days from the date of the resolution of municipal approval unless within such period a performance guaranty which meets the requirements of Article IV of this chapter, including guaranties for off-tract improvements, if any, and which has been accepted by the Township Committee, and a plat in conformity with such approval, including any conditions imposed by the approving authority and in conformity with the provisions of the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), as amended,[2] or a deed clearly describing the approved minor subdivision,
is filed by the developer with the county recording officer and copies
of the filed deeds are provided to the approving authority, 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 approving authority (or, in their absence, the Vice Chairman
or Acting Secretary, respectively).
[Amended 2-13-2013]
[2]
Editor's Note: See now N.J.S.A. 46:26B-1 et seq.
(b)
The Planning Board may extend the one-hundred-ninety-day
period for filing a minor subdivision plat or deed pursuant to this
subsection if the developer proves to the reasonable satisfaction
of the Planning Board that the developer was barred or prevented,
directly or indirectly, from filing because of delays in obtaining
legally required approvals from other governmental or quasi-governmental
entities and that the developer applied promptly for and diligently
pursued the required approvals. The length of the extension shall
be equal to the period of delay caused by the wait for the required
approvals, as determined by the Planning Board. The developer may
apply for the extension either before or after what would otherwise
be the expiration date.
(c)
In accordance with N.J.S.A. 40:55D-54, as amended,
the county recording officer shall notify the approving authority
of the filing of any plat within seven days of the filing.
(d)
The zoning requirements and general terms and
conditions, whether conditional or otherwise, upon which minor subdivision
or minor site plan approval was granted shall not be changed for a
period of two years after the date of approval, provided that the
approved minor subdivision shall have been duly recorded. The Planning
Board shall grant an extension of this period for a period determined
by the Board, but not exceeding one year from what would otherwise
be the expiration date, if the developer proves to the reasonable
satisfaction of the Board that the developer was barred or prevented,
directly or indirectly, from proceeding with the approvals from other
governmental entities and that the developer applied promptly for
and diligently pursued the approvals. A developer shall apply for
this extension before what would otherwise be the expiration date
or before the 91st day after the date on which the developer receives
the last of the legally required approvals from the other governmental
entities, whichever occurs later.
(5)
When the approving authority determines that any proposed
development may create, either directly or indirectly, an adverse
effect on either the remainder of the property being developed or
nearby property, the approving authority may require the developer
to revise the plat. Where the remaining portion of the original tract
is of sufficient size to be developed or subdivided further, the developer
may be required to submit a sketch plat of the entire remaining portion
of the tract to indicate a feasible plan whereby the design of the
proposed development, together with subsequent subdivision or development,
will not create, impose, aggravate or lead to any such adverse effect(s).
(6)
If classified as a major development or site plan or approved as
a minor subdivision or minor site plan, a notation to that effect,
including the date of the approving authority's action, shall be made
on copies of the plat and shall be signed by the Chairman and Secretary
of the approving authority (or, in their absence, the Vice Chairman
or Acting Secretary, respectively), except that the minor plats shall
not be signed until all conditions are met and/or incorporated on
the plat. All conditions on minor developments shall be complied with
within 190 days of the meeting at which conditional approval was granted;
otherwise, the conditional approval shall lapse unless the time limit
is extended by the approving authority. If the plat is classified
as a major development, sketch plat modifications are not required.
[Amended 2-13-2013]
(7)
Conditions of approval. All approvals of a minor subdivision or site
plan shall be subject to the following conditions being satisfied
within a period of time specified by the Planning Board or Board of
Adjustment prior to the signing of the plat, start of construction
and/or issuance of a building permit:
[Added 2-13-2013]
(a)
Submission of additional prints of the plat and attachments
for distribution, as required.
(b)
In the event that any documents require execution in connection
with the approval, such documents will not be released until all of
the conditions of approval have been satisfied, unless otherwise expressly
noted.
(c)
No taxes or assessments for local improvements shall be due
or delinquent on the subject property.
(d)
The applicant shall pay to the municipality any and all sums
outstanding for fees incurred by the municipality for services rendered
by the municipality's professionals for review of the application
for development, review and preparation of documents, inspection of
improvements, and other purposes authorized by the Municipal Land
Use Law.[3] The applicant shall provide such further escrow deposits
with the municipality as are necessary to fund anticipated continuing
municipal expenses for such professional services, if any, in connection
with the application for development as may be authorized by the Municipal
Land Use Law.
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(e)
The applicant shall furnish such performance guaranties, inspection fees and/or maintenance guaranties as may be required pursuant to Article IV of this chapter and which have been accepted by the Township Committee for the purpose of assuring the installation and maintenance of on-tract/off-tract improvements.
(f)
No site work shall be commenced, or plans signed or released
or any work performed, with respect to this approval until such time
as all conditions of the approval have been satisfied or otherwise
waived by the Board.
(g)
Any and all notes, drawings or other information contained on
any approved plans shall be conditions of this approval.
(h)
Nothing herein shall excuse compliance by the applicant with
any and all other requirements of this municipality or any other governmental
entity.
(i)
In the event that any de minimis exception has been granted
from the Residential Site Improvement Standards (RSIS) in connection
with the application, the applicant shall send a copy of the resolution
to the New Jersey Department of Community Affairs, Division of Codes
and Standards, 101 South Broad Street, CN 802, Trenton, New Jersey
08625-0802, within 30 days of the date thereof. Said copy of the resolution
shall be clearly marked on its face with the words "SITE IMPROVEMENT
EXCEPTIONS."
(j)
In the event that the applicant and the approving authority
have agreed that exceeding a standard of the Residential Site Improvement
Standards is desirable under the specific circumstances of the proposed
development, such agreement to exceed Residential Site Improvement
Standards (RSIS) shall be placed, in writing, by the developer and
transmitted forthwith to the New Jersey Department of Community Affairs,
Division of Codes and Standards, 101 South Broad Street, CN 802, Trenton,
New Jersey 08625-0802.
(k)
All special conditions shall be included as notes on the plans.
(l)
The applicant shall comply with the requirements of the municipal
ordinances with respect to its affordable housing obligation by either
providing the required affordable housing on site, providing affordable
housing off site or making a contribution of an affordable housing
fee pursuant to the applicable statutes and municipal ordinances.
(m)
The resolution does not constitute a permit for the construction
of the approved improvements. The applicant shall be responsible for
obtaining any and all other permits and approvals required prior to
the commencement of any development activities, including, but not
limited to, NJDOT, NJDEP, Monmouth County Planning Board, Freehold
Soil Conservation District (Regional) in addition to any and all building
and construction permits required by the municipality. All work performed
shall be in accordance with, and shall not deviate from, the approved
plans and all applicable federal, state, county and local laws, rules
and regulations.
Upon receipt of any application for site plan
approval, the administrative officer shall submit a copy of each such
application to the Police Department, Public Works Department, Fire
Department and First Aid Company for review and recommendation.
Preliminary plats are required for all major
site plans and major subdivisions.
A.
Filing procedure.
(1)
The developer shall file an application for submission with the administrative officer, at least 45 days prior to the regular meeting of the approving authority, 10 copies of the preliminary plat of the proposed development, prepared in accordance with the provisions of this chapter, 10 color copies of an aerial photographic map depicting the entire tract and all surrounding areas within 1,000 feet, three copies of a land survey prepared by a licensed surveyor conducted not more than five years prior to the application, three copies of the freshwater wetland delineation report, three copies of the site investigation and soil sampling report pursuant to § 102-71.1A, three copies of the preliminary assessment pursuant to § 102-71.1B, one copy of the preliminary subdivision plat or preliminary site plan reduced to an eleven-inch-by-seventeen-inch paper, three completed copies of the application forms and applicable checklist and three copies of any protective and/or restrictive covenants or deed restrictions applying to the land being developed. The application shall also be accompanied by three copies of the drainage calculations as prescribed in Part 3 and all other required documents, and the required fee(s) and escrow deposits, as well as separate electronic PDF files for all documents listed above. The electronic PDF files shall be stored in a folder named by the application number and each individual document file name shall be descriptive of its contents. All resubmissions once an application is deemed complete for review shall be filed at least 14 days prior to the regular meeting and contain separate electronic PDF files for each document included in the resubmission. The electronic PDF files shall be stored in a folder named by the application number and each individual document file name shall be descriptive of its contents.
[Amended 3-28-2012; 12-14-2016 by Ord.
No. 2016-22; 12-14-2016 by Ord. No. 2016-23]
(2)
The application shall be accompanied by three copies of the following: a completed application form, a completed and notarized indemnification and hold harmless form or a certificate of insurance rendering the Township and its officers and engineer harmless from any loss due to damage resulting from the grading, drainage or development of the property and any off-site improvements and from any liability during construction; a properly executed and dated Colts Neck Township erosion control agreement; a Tax Collector's certification, a W-9 taxpayer's identification number and certification; a developer's escrow agreement, a traffic engineer's study, if and as required by the approving authority, analyzing peak hour impacts related to total traffic, turning movements related to the site, the impact on nearby intersections, changes in the level of service on the abutting or nearby roads and intersections, the adequacy of off-street parking and other data as may be appropriate to the application, with conclusions for improvements, such as but not limited to, right-of-way or pavement widening, land channelization, traffic signal needs, traffic signage and sight distance improvements; a complete environmental impact report (EIR) in accordance with provisions of Part 3 of this chapter, together with any request of specific waivers; as well as separate electronic files for all documents listed above. The electronic PDF files shall be stored in a folder named by the application number and each individual document file name shall be descriptive of its contents. All resubmissions once an application is deemed complete for review shall be filed at least 14 days prior to the regular meeting and contain separate electronic PDF files for each document included in the resubmission. The electronic PDF files shall be stored in a folder named by the application number and each individual document file name shall be descriptive of its contents. Any request(s) for waivers or an exemption of the entire EIR shall be accompanied by a written assessment supporting such request(s).
[Amended 3-28-2012; 12-14-2016 by Ord.
No. 2016-23]
(3)
An application by a corporation or partnership shall
be accompanied by ownership information per Subsection C, N.J.S.A.
40:55D-48.1 and 40:55D-48.2, as amended.
B.
Action by the approving authority.
(1)
The approving authority shall review the submission
for its completeness. If found to be incomplete, the applicant shall
be notified, in writing, of the deficiencies therein by the approving
authority or its authorized committee or designee(s) within 45 days
of submission of an application, or it shall be deemed to be properly
submitted as a complete application as of the 45 day's date.
(2)
Application requirements.
(a)
The administrative officer shall issue an application
number, and thereafter it shall appear on all papers, maps, plats,
etc., submitted for processing in conjunction with the application.
Within five days of certification of complete application, the administrative
officer shall submit copies of the plat and supporting data to each
of the following:
(b)
The applicant shall apply directly to the Monmouth County Planning Board for preliminary major subdivision or preliminary major site plan approval and to the Freehold Soil Conservation District for certification of plans pursuant to the Soil Erosion and Sedimentation Control Act, Chapter 251 of the Public Laws of 1975, as amended.[1]
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
(c)
If the proposed development requires New Jersey
Department of Environmental Protection or other county, state or United
States government certification, approvals, permits or other documents
for water supply and/or sewerage facilities, stream encroachment,
freshwater wetlands or other matters, the application shall not be
approved until the applicant has provided the approving authority
with copies of the required documents; the approving authority conditions
its approval on receipt of such required documents; or applicable
time limits have expired.
(d)
For those applications requiring approval within
45 or 95 days of certification of a complete application, the approving
authority shall not grant preliminary approval until a report, in
writing, has been received from the County Planning Board and Freehold
Soil Conservation District or the thirty-day period in which it is
required to act has expired. For those applications requiring approval
within 95 days of certification of a complete application, the approving
authority shall not grant preliminary approval until the approving
authority either receives a report, in writing, from those to whom
copies of the plat have been forwarded or until the following time
period expires. Each shall have 30 days from referral of the plat
to report to the approving authority, unless otherwise stated herein.
If the report recommends changes in the developer's proposal, such
report shall state the reasons therefor. If any agency or person fails
to report to the approving authority within the thirty-day period
or such other period stated herein, the Planning Board is released
from the requirement to have such a report before taking action on
the application. Upon mutual agreement between the County Planning
Board and the approving authority, with approval of the applicant,
the thirty-day period for the County Planning Board report may be
extended for an additional 30 days, and any extension shall so extend
the time within which the approving authority is required to act.
(3)
Upon certification of a complete application for a major preliminary subdivision and after holding a public hearing, the approving authority shall grant or deny preliminary subdivision approval within the following time periods or within such further time as may be consented to by the applicant. In the event that the escrow account has not been replenished as required in § 102-15B(4) and there are insufficient funds to proceed with the application in a timely manner and the Township has been denied professional expertise or other data deemed necessary by the approving authority as a result of insufficient funds, the approving authority may either deny or dismiss the application unless the applicant replenishes the escrow account as required and grants an extension of time within which to act in the event that an extension is needed to provide the time in which to obtain reports and other data using the recent escrow deposit.
(a)
A subdivision plat involving 10 lots or fewer:
within 45 days of the date of certification of a complete application.
(b)
A subdivision plat involving more than 10 lots:
within 95 days of the date of certification of a complete application.
Otherwise, the approving authority shall be deemed to have granted
preliminary subdivision approval.
(4)
Action on application.
(a)
Upon certification of a complete application for a major site plan and after holding a public hearing, the approving authority shall grant or deny preliminary site plan approval within the following time periods or within such further time as may be consented to by the applicant. In the event that the escrow account has not been replenished as required in § 102-15B(4) and there are insufficient funds to proceed with the application in a timely manner and the Township has been denied professional expertise or other data deemed necessary by the approving authority as a result of insufficient funds, the approving authority may either deny or dismiss the application unless the applicant replenishes the escrow account as required and grants an extension of time within which to act in the event that an extension is needed to provide the time in which to obtain reports and other data using the replenished escrow deposit.
[1]
A site plan which involves 10 acres of land
or less and 10 dwelling units or less: within 45 days of the date
of certification of a complete application.
[2]
A site plan which involves more than 10 acres
or more than 10 dwelling units: within 95 days of the date of certification
of a complete application.
(b)
Otherwise, the approving authority shall be
deemed to have granted preliminary site plan approval.
(c)
Action shall be taken on a preliminary site
plan without a public hearing unless, in the opinion of the approving
authority, the proposed use, proposed intensity of development, location
of the tract, traffic conditions, environmental concerns or any other
aspect covered by review are of sufficient concern that the approving
authority desires to receive the public's comments. Where a public
hearing is scheduled for a site plan, no action shall be taken until
completion of the public hearing, and the scheduling and notification
for the hearing shall be in accordance with this chapter for public
hearings.
(5)
If the approving authority requires or the applicant
proposes any substantial amendment in the layout or improvements in
either a site plan or subdivision as originally proposed by the developer,
an amended application and additional fee for development shall be
submitted and proceeded upon, as in the case of the original application
for development.
(6)
The approving authority may approve, disapprove or approve with conditions the application. Such action shall not take place until after any required public hearing has been conducted and due consideration has been given to all reports received from other officials and bodies to which the application was referred. The decision shall be in writing and shall be sent to the applicant and his or her attorney, and notification shall be sent to the newspaper as required by § 102-24, Public hearings and notices, in Article IV. If the approving authority grants preliminary approval, its chairman and secretary (or vice chairman or acting secretary, in their absence, respectively) and Township Engineer shall sign the first page of the plat, indicating his or her approval. If the plat is conditionally approved, it shall not be signed until all temporary conditions of approval are complied with. If all temporary conditions of approval are not complied with within 180 days from the date of the meeting at which a plat was conditionally approved, the conditional approval shall lapse, unless this time limit is extended by the approving authority.
(7)
Before approval of the plat, the developer shall provide
the approving authority with sufficient copies of the plat to be approved,
and the approving authority shall, after approval, forward one copy
to each of the following and retain one copy for its files:
(8)
Preliminary approval shall, except as provided in Subsection B(8)(d) below, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval; otherwise the approval shall be void after the three-year interval, unless an extension is granted.
(a)
The general terms and conditions on which preliminary approval
was granted shall not be changed, including, but not limited to, use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size, yard dimensions and off-tract improvements; and any requirements
peculiar to site plan approval, except that nothing herein shall be
construed to prevent the Township from modifying by ordinance such
general terms and conditions of preliminary approval as related to
public health and safety, which shall then become applicable to the
approved preliminary application. No site work shall be commenced,
or any work performed, with respect to the preliminary approval until
such time as final approval is granted and all conditions of final
approval have been satisfied or otherwise waived by the Board.
[Amended 2-13-2013]
(b)
The applicant may submit for final approval,
on or before the expiration date of preliminary approval, the whole
or a section or sections of the preliminary plat; however, all sections
must be submitted by the expiration date; and
(c)
The applicant may apply for and the approving authority may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern. The effect of preliminary approval shall be that preliminary approval of a major subdivision or of a site plan shall, except for a subdivision or site plan for an area of 50 acres or more, confer upon the applicant the rights set forth in this subsection for a three-year period from the date on which the resolution of preliminary approval is adopted. See also Subsections B(8)(f) and (g) of this section.
(d)
In the case of a development for an area of 50 acres or more, the approving authority may grant the rights referred to in Subsection B(8)(a), (b) and (c) above for such period of time, longer than three years, as shall be determined by the approving authority to be reasonable, taking into consideration the number of dwelling units permissible under preliminary approval and the potential number of dwelling units of the section(s) 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.
(e)
Preliminary plat approval shall not be transferable
or assignable to an individual, partnership or corporation without
the consent of the approving authority and upon a review of the terms
and conditions of the proposed subdivision; such consent shall not
be unreasonably withheld.
(f)
Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection B(8)(c) or (d) of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(g)
The Planning Board shall grant an extension of preliminary approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves, to the reasonable satisfaction of the Board, that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before what would otherwise be the expiration date of preliminary approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection B(8)(c) or (d) of this section.
(9)
When the approving authority determines that any proposed
development may create, either directly or indirectly, an adverse
effect on either the remainder of the property being developed or
nearby property, the approving authority may require the developer
to revise the plat. Where the remaining portion of the original tract
is of sufficient size to be developed or subdivided further, the developer
may be required to submit a sketch plat of the entire remaining portion
of the tract to indicate a feasible plan whereby the design of the
proposed development, together with subsequent subdivisions or development,
will not create, impose, aggravate or lead to any such adverse effect(s).
A.
Filing procedure.
(1)
The developer shall file an application for submission with the administrative
officer, at least 10 working days prior to the regular meeting of
the approving authority, and the fee, together with two translucent
Mylar master copies of a final major subdivision plat and 10 paper
copies; 10 color copies of an aerial photographic map depicting the
entire tract and all surrounding areas within 1,000 feet; three copies
of a land survey prepared by a licensed surveyor, conducted not more
than five years prior to the date of the application; three copies
of the Freshwater Wetland Delineation Report; one copy of the final
subdivision plat or final site plan reduced to an eleven-inch-by-seventeen-inch
paper and three completed application forms and Checklist No. 4,[1] attached hereto, for final major subdivision or major
site plan plats for which approval is requested, together with a certificate
from the Township Tax Collector stating that all real estate taxes
levied against the property being developed have been paid to date;
a W-9 taxpayer identification number and certification form; a developer's
escrow agreement; an erosion control agreement; a disclosure statement
pursuant to N.J.S.A. 40:55D-48.1; a hold harmless/indemnification
form; separate electronic PDF files for each item listed above. The
electronic PDF files shall be stored in a folder named by the application
number and each individual document file name shall be descriptive
of its contents; and such other certificates of approval required
by this chapter or by law. A Mylar master copy is not required for
major site plan approval. All plats are to be prepared in accordance
with provisions of this chapter. The developer shall pay the required
fee. The developer shall also file 10 copies of the plats granted
preliminary approval, reissued to show "For Final Approval" in the
title and to show any changes since preliminary approval including
updating of the index sheet, in detail. For both major final subdivision
and site plans, separate deeds of easement or other deeds contained
in the conditional approval may be required prior to full approval.
All resubmissions, once an application is deemed complete for review,
shall be filed at least 14 days prior to the regular meeting and shall
contain separate electronic PDF files for each document included in
the resubmission. The electronic PDF files shall be stored in a folder
named by the application number and each individual document file
name shall be descriptive of its contents.
[Amended 3-28-2012; 2-13-2013; 12-14-2016 by Ord.
No. 2016-23]
[1]
Editor's Note: Checklist No. 4 is included at the end of this chapter.
(2)
The approving authority shall review the submission
for its completeness. If found to be incomplete, the applicant shall
be notified, in writing, of the deficiencies therein by the approving
authority or its authorized committee or designee(s) within 45 days
of submission of an application, or it shall be deemed to be properly
submitted as a complete application as of the 45 days' date.
(3)
The approving authority or its authorized committee
or designee(s) shall, within five days of certification of a complete
application of said final major subdivision or major site plan, forward
a copy thereof to each of the following:
(a)
Township Engineer.
(b)
Such other Township, county or state officials
as directed by the approving authority. The applicant shall apply
directly to the County Planning Board for final approval.[2]
[2]
Editor’s Note: Former Subsection A(4), regarding utilities
and improvements, which immediately followed this subsection, was
repealed 2-13-2013.
B.
Action by the approving authority.
(1)
The approving authority shall grant final approval
if the administrative officer finds that sufficient funds are on deposit
to pay all outstanding construction inspection fees and if the detailed
drawings and specifications of the application for final approval
conform to the standards established by ordinance for final approval,
the conditions of preliminary approval and, in the case of a major
subdivision, the standards prescribed by the Map Filing Law, N.J.S.A.
46:23-9.9 et seq., as amended, provided that in the case of any development,
the approving authority may permit minimal deviations from the conditions
of preliminary approval necessitated by change of conditions beyond
the control of the developer since the date of preliminary approval
or other changes approved by the Township Engineer, without the developer
being required to submit an amended application for development for
preliminary approval.
(2)
Final approval shall be granted or denied within 45
days after certification of a complete application by the administrative
officer or within such further time as may be consented to by the
applicant. An approved final plat shall be signed by the chairman
and secretary of the approving authority (or the vice chairman or
acting secretary in their absence, respectively). Failure of the approving
authority to act within the period prescribed shall constitute final
approval, and a certificate of the administrative officer as to the
failure of the approving authority to act shall be issued on request
of the 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.
(3)
Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.3 or N.J.S.A.
40:27-6.6, as amended, the Township approving authority may condition
any approval that it grants upon timely receipt of a favorable report
on the application by the County Planning Board.
(4)
The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the developer
pursuant to the Municipal Land Use Law, as amended,[3] whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval was adopted. If the developer has followed the standards prescribed for final approval and requests a time extension, the approving authority may extend such period of protection for extensions of one year, but not to exceed three extensions. Upon granting of final approval, the rights conferred upon the applicant by the granting of preliminary approval shall be terminated upon final approval. See also Subsection B(8) and (9) of this section.
[3]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(5)
In the case of a subdivision or site plan for a planned
development of 50 acres or more or a conventional subdivision or site
plan of 150 acres or more or a site plan for development of a nonresidential
floor area of 200,000 square feet or more, the approving authority
may grant the rights referred to in the above subsection for such
period of time, longer than two years, as shall be determined by the
approving authority to be reasonable, taking into consideration the
number of dwelling units and the nonresidential floor area permissible
under final approval, the economic conditions and the comprehensiveness
of the development. The developer may apply for, thereafter, and the
approving authority may thereafter grant an extension of final approval
for grant, an extension of final approval for such additional period
of time as shall be determined by the approving authority to be reasonable,
taking into consideration the number of dwelling units and nonresidential
floor area permissible under final approval, the number of dwelling
units and the nonresidential floor area remaining to be developed,
the economic conditions and the comprehensiveness of the development.
(6)
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat, unless, within such
period, the plat shall have been duly filed by the developer with
the county recording officer. The approving authority may, for good
cause, extend the period for recording for an additional period not
to exceed 190 days from the date of signing of the plat as provided
by applicable law. No subdivision plat shall be accepted for filing
by the county recording officer until it has been approved by the
approving authority, as indicated on the plat by the signatures of
the Chairman and Secretary of the Planning Board, or a certificate
has been issued as to the failure of the approving authority to act
within the required time. If the county recording officer records
any plat without such approval, such recording shall be deemed null
and void, and upon request of the municipality, the plat shall be
expunged from the official records. It shall be the duty of the county
recording officer to notify the approving authority, in writing, within
seven days of the filing of any plat, identifying such plat by its
title, date of filing and official number. The Planning Board may
extend the ninety-five-day or one-hundred-ninety-day period if the
developer proves to the reasonable satisfaction of the Planning Board
that the developer was barred or prevented, directly or indirectly,
from filing because of delays in obtaining legally required approvals
from other governmental or quasi-governmental entities and that the
developer applied promptly for and diligently pursued the required
approvals. The length of the extension shall be equal to the period
of delay caused by the wait for the required approvals, as determined
by the Planning Board. The developer may apply for an extension either
before or after the original expiration date.
(7)
Before approval of the plats, the developer shall
provide the approving authority with sufficient copies of the plat
to be approved and a copy of the approved plat on a CD in a .dxf CADD
format or an approved equivalent. The approving authority shall, after
approval, forward one copy to each of the following and retain one
copy for its files:
[Amended 5-25-2005]
(8)
Whenever the Planning Board grants an extension of final approval pursuant to Subsection B(4) or (5) of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
(9)
The Planning Board shall grant an extension of final approval for a period determined by the Board, but not exceeding one year from what would otherwise be the expiration date, if the developer proves, to the reasonable satisfaction of the Board, that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approval from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before what would otherwise be the expiration date of final approval or the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to Subsection A or B of this section.
C.
Conditions of approval. All approvals of a final plat of a major
subdivision or site plan shall be subject to the following conditions
being satisfied within a period of time specified by the Planning
Board or Board of Adjustment prior to the signing of the plat, start
of construction and/or issuance of a building permit:
[Added 2-13-2013]
(1)
Submission of additional prints of the plat and attachments for distribution,
as required.
(2)
In the event that any documents require execution in connection with
the approval, such documents will not be released until all of the
conditions of approval have been satisfied, unless otherwise expressly
noted.
(3)
No taxes or assessments for local improvements shall be due or delinquent
on the subject property.
(4)
The applicant shall pay to the municipality any and all sums outstanding
for fees incurred by the municipality for services rendered by the
municipality's professionals for review of the application for development,
review and preparation of documents, inspection of improvements, and
other purposes authorized by the Municipal Land Use Law.[4] The applicant shall provide such further escrow deposits
with the municipality as are necessary to fund anticipated continuing
municipal expenses for such professional services, if any, in connection
with the application for development as may be authorized by the Municipal
Land Use Law.
[4]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(5)
The applicant shall furnish such performance guaranties, inspection fees and/or maintenance guaranties as may be required pursuant to Article IV of this chapter and which have been accepted by the Township Committee for the purpose of assuring the installation and maintenance of on-tract/off-tract improvements.
(6)
No site work shall be commenced, or plans signed or released or any
work performed, with respect to this approval until such time as all
conditions of the approval have been satisfied or otherwise waived
by the Board.
(7)
Any and all notes, drawings or other information contained on any
approved plans shall be conditions of this approval.
(8)
Nothing herein shall excuse compliance by the applicant with any
and all other requirements of this municipality or any other governmental
entity.
(9)
In the event that any de minimis exception has been granted from
the Residential Site Improvement Standards (RSIS) in connection with
the application, the applicant shall send a copy of the resolution
to the New Jersey Department of Community Affairs, Division of Codes
and Standards, 101 South Broad Street, CN 802, Trenton, New Jersey
08625-0802, within 30 days of the date thereof. Said copy of the resolution
shall be clearly marked on its face with the words "SITE IMPROVEMENT
EXCEPTIONS."
(10)
In the event that the applicant and the approving authority
have agreed that exceeding a standard of the Residential Site Improvement
Standards is desirable under the specific circumstances of the proposed
development, such agreement to exceed Residential Site Improvement
Standards (RSIS) shall be placed, in writing, by the developer and
transmitted forthwith to the New Jersey Department of Community Affairs,
Division of Codes and Standards, 101 South Broad Street, CN 802, Trenton,
New Jersey 08625-0802.
(11)
All special conditions shall be included as notes on the plans.
(12)
The applicant shall comply with the requirements of the municipal
ordinances with respect to its affordable housing obligation by either
providing the required affordable housing on site, providing affordable
housing off site or making a contribution of an affordable housing
fee pursuant to the applicable statutes and municipal ordinances.
(13)
The resolution does not constitute a permit for the construction
of the approved improvements. The applicant shall be responsible for
obtaining any and all other permits and approvals required prior to
the commencement of any development activities, including, but not
limited to, NJDOT, NJDEP, Monmouth County Planning Board, Freehold
Soil Conservation District (Regional) in addition to any and all building
and construction permits required by the municipality. All work performed
shall be in accordance with, and shall not deviate from, the approved
plans and all applicable federal, state, county and local laws, rules
and regulations.
A.
Plat conformity. (See also Part 3.)
(1)
No development application shall be accepted unless
submitted in plat form, and no plat shall be accepted for consideration
unless it conforms to the following requirements as to form, content
and accompanying information and complies with the provisions of N.J.S.A.
46:23-1 et seq., as amended.[1] All plats shall be drawn by a land surveyor, as required by law, licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and address of the land surveyor, except that plats submitted under the informal discussion provisions of Article V[2] are exempt from this requirement. All drawings of improvements
shall be drawn to comply with the Route 34, Colts Neck, Highway Access
Management Plan for developments located in the area included in that
Plan, and shall be signed and sealed by a licensed professional engineer
of the State of New Jersey if they are a part of an application requiring
formal approval. All landscaping plans shall be prepared by a professional
licensed landscape architect and/or engineer. Each such person shall
affix his or her name, title, address and signature and seal to such
plans. All landscaping shall fully comply with and be installed and
planted in accordance with the Colts Neck Township Shade Tree Commission
Planting Specifications, as well as in conformance with any conditions
stated in the resolution approving a development.
[Amended 8-13-1997; 10-11-2017]
(2)
All plats shall be submitted on one of the four following
standard sheets sizes: 8 1/2 inches by 13 inches, 24 inches by
36 inches, 15 inches by 21 inches or 30 inches by 42 inches.
B.
Minor subdivision plat for classification and approval.
(1)
A minor subdivision plat shall be clearly and legibly
drawn at a scale of one inch equals 30 feet or less for a tract up
to five acres in size, one inch equals 50 feet or less for a tract
between five acres and 40 acres in size, one inch equals 100 feet
or less for a tract between 40 acres and 150 acres in size or one
inch equals 200 feet or less for a tract of 150 acres or more and
shall be titled as a plat for classification and minor subdivision
approval. The plat shall be designed in compliance with the provisions
of Parts 3 and 4 of this chapter and, in addition, shall show the
following information:
(a)
The entire tract(s) being subdivided, together with the acreage
of the entire tract, the location and number of new lots being created,
the required and proposed area, dimensions, setbacks, total coverage,
building coverage and building height of each lot and a copy of any
existing or proposed covenants and deed restrictions applying to the
land being subdivided.
[Amended 3-28-2012]
(b)
All existing and proposed property lines within
and immediately adjoining the tract, and all lots lines to be eliminated.
(c)
All buildings and structures and natural features, wetlands,
floodplains, special water resource protection areas, riparian buffers,
wooded areas, streams, lakes, ponds and conservation, open space,
drainage and utility right-of-way easements, landscape easements and
all other easements within the limits of the tract(s) being subdivided
and any within 200 feet thereof, including the location, size and
direction of flow of all streams, brooks, drainage structures and
drainage rights-of-way and/or easements. All on-site structures shall
contain a note indicating which will be destroyed or removed and the
current/future use with front, side and rear dimensions for those
to remain.
[Amended 3-28-2012]
(d)
The shortest distance from any existing building
to any proposed and existing lot lines.
(e)
The existing and proposed right-of-way width
of all streets and all driveways intersecting those streets within
and adjoining the subject plats, together with the street names and
the existing condition of such streets in terms of conformance to
ordinance standards, including compliance with the Route 34, Colts
Neck, Highway Management Plan, as amended, for developments located
in the area included in that Plan.
[Amended 8-13-1997; 4-26-2017]
(f)
The names of all adjoining property owners as
disclosed by the most recent Township tax records.
(g)
A title block shall appear on all sheets and include the Tax
Map sheet, block and lot number, application number, date of original
and all revisions, name, signature, address, license number and embossed
seal of all professionals who prepared the plat.
[Amended 3-28-2012]
(h)
The date, meridian and graphic scale.
(i)
All proposed lot lines, with the dimensions
thereof correct to 0.1 foot, and the areas of all lots, shown in square
feet, correct to one square foot.
(j)
Zoning district(s); if more than one district,
the plat should indicate the district lines.
(k)
The name, address and signature of the owner
and subdivider.
(l)
The results of permeability tests, groundwater
depth, soil boring tests and/or any other tests required by the Board
of Health are required on all lots, shall be made under the supervision
of the Colts Neck Township Health Officer and shall be made in the
area of the lot where the septic system absorption field is most likely
to be located. The location of all existing wells and septic systems
on the property shall be shown.
(m)
A key map showing the entire subdivision and its relation to
surrounding areas, at a scale of not less than one inch equals 400
feet.
[Added 3-28-2012]
(n)
North arrow and basis therefor with written and graphic scale.
[Added 3-28-2012]
(o)
A map showing existing and proposed contour lines over the entire area of the site and within 100 feet of the tract at two-foot contour intervals. All elevations shall be related to the U.S. Coast and Geodetic Survey datum and a grading plan and drainage calculations prepared in accordance with the requirements of § 102-46.4, Stormwater management, and certified by a licensed professional engineer.
[Added 3-28-2012]
(p)
The location of all existing and proposed wells and septic systems
on the property.
[Added 3-28-2012]
(q)
The location of individual trees with a DBH equal to or greater
than 10 inches shall be identified by size and species. All areas
of intended tree removal shall be clearly labeled identifying each
tree with a DBH equal to or greater than 10 inches that is to be removed.
[Added 3-28-2012]
(r)
Plat certification and signature block.
[Added 3-28-2012]
[1]
Certification of consent is required on first sheet of all plans:
|
I hereby certify that I am the owner of record and that I concur
with the plan as shown.
| ||
|---|---|---|
|
| ||
|
Name
|
Date
| |
[2]
Minor subdivision plat filed by map.
|
This is to certify that the Planning Board/Zoning Board of Adjustment
of the Township of Colts Neck, Monmouth County, New Jersey is the
proper authority to approve and has approved the attached map, and
that said map compiles with the provisions of Chapter 141 of the Laws
of 1960, known as the "Map Filing Law". This map shall be filed in
the Monmouth County Clerk's office on or before _____________________,
20___, which is 190 days from the date of minor subdivision approval
by the Planning Board/Zoning Board of Adjustment of the Township of
Colts Neck, Monmouth County, New Jersey.
| ||
|---|---|---|
|
|
| |
|
Chairman
|
Secretary
| |
(2)
The test locations, the date of testing and the weather
conditions prevailing at the time of testing, as well as for the preceding
72 hours, and test results shall be recorded on the plat and signed
and sealed by a licensed professional engineer of the State of New
Jersey and shall state thereon "I hereby certify that the above tests
were conducted and reported in accordance with N.J.A.C. 7:9, Chapter
9A of Standards For Individual Subsurface Sewage Disposal Systems,
as amended January 1, 1990." Upon review of this data, the approving
authority may require further tests on any or all lots.
(3)
To minimize the need for retesting, it is recommended
that the applicant review the proposed testing program with the Health
Officer prior to making initial tests. Upon request by the approving
authority, the developer may be required to install, maintain and
afford the Township access to groundwater depth monitoring wells for
a reasonable length of time after initial tests; all tests and monitoring
wells shall be at the developer's expense and liability.
C.
Sketch plat of major subdivision submitted for classification.
The sketch plat shall be titled as such and shall be based on Tax
Map information or some other similarly accurate base, at the same
scale as for preliminary plats, and shall show or include the following
information:
(1)
The location of that portion which is to be subdivided
in relation to the entire tract; general existing contour lines; all
existing structures, freshwater wetlands, floodplains, riparian buffers
and wooded areas within the portion to be subdivided and within 200
feet thereof; a tentative lot and street layout, together with minimum
required and proposed lot area, lot dimensions and lot setbacks and
maximum allowed and proposed building and lot coverage calculations;
all existing and proposed streets or roads and driveways and their
conformance with the Route 34, Colts Neck, Highway Access Management
Plan for developments located in the area included in that Plan; streams,
ponds and watercourses; all existing and proposed easements on site
and within 500 feet of the subdivision; and all building setback lines
in each proposed lot.
[Amended 8-13-1997; 3-28-2012]
(2)
A key map showing the entire subdivision and its relation
to surrounding areas, at a scale of not less than one inch equals
400 feet.
(3)
Sketch plat certification.
[Added 3-28-2012]
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It is hereby certified that on _____ day of _______________,
20___, this map has been classified as a sketch plat of a major/minor
subdivision or major/minor site plan.
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Secretary
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Date
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D.
Preliminary major subdivision plat. The preliminary
major subdivision plat shall be titled as such and shall be clearly
and legibly drawn or reproduced at a scale of one inch equals 30 feet
or less for a tract up to five acres in size, one inch equals 50 feet
or less for a tract between five acres and 40 acres in size, one inch
equals 100 feet or less for a tract between 40 acres and 150 acres
and one inch equals 200 feet or less for a tract of 150 acres or more.
For tracts of 40 acres or more, if grading and/or improvements are
not clearly and accurately shown at these scales, then additional
drawings at one inch equals 50 feet or larger shall be provided. Landscaping
plans shall be of large enough scale so that individual plants can
be reasonably located in the field. The plat shall be designed in
compliance with the provisions of Parts 3 and 4 of this chapter and,
in addition, shall show the following information:
(1)
A key map showing the entire subdivision and its relation to surrounding
areas, at a scale of not less than one inch equals 400 feet, and a
North arrow and basis therefor.
[Amended 3-28-2012]
(2)
A cover sheet identifying the tract name and Tax Map sheet, block
and lot number; application number; the date; the meridian; written
and graphic scales; the names, addresses and signatures of the owner
and subdivider; the names of all property owners within 200 feet of
the extreme limits of the subdivision; as well as a listing of all
sheets in the set with the issue date, description and date of all
revisions.
[Amended 3-28-2012]
(3)
The acreage of the tract to be subdivided to the nearest tenth of
an acre and the number, location and square footage, setbacks, maximum
lot coverage, maximum building coverage and maximum building height
of all new lots created, specifying the number and location of lots,
as well as the number and location of units proposed for lower-income
housing, if any.
[Amended 3-28-2012]
(4)
A map showing existing and proposed contour lines
over the entire area of the proposed subdivision and within 50 feet
of the tract at consistent two-foot contour intervals, together with
watercourses and an indication of the final disposal of the surface
waters with arrows indicating the direction of surface water runoff.
All elevations shall be related to United States Coast and Geodetic
Survey datum. All areas having a steep slope as defined herein shall
be shaded or otherwise clearly identified on the contour map. The
map shall indicate spot elevations and the source and date of the
data and shall be signed and sealed by a licensed land surveyor or
engineer in the State of New Jersey.
(6)
All existing and proposed watercourses, including
lakes, freshwater wetlands, special water resource protection areas,
riparian buffers, floodplains and ponds, shall be shown and accompanied
by the following information or data:
[Amended 3-28-2012]
(a)
When a brook or stream is proposed for alteration,
improvement or relocation or when a structure or fill is proposed
over, under, in or along a running stream, evidence of submission
of the improvement to the New Jersey Department of Environmental Protection
shall accompany the subdivision.
(b)
Cross sections and profiles of watercourses,
at an appropriate scale, showing extent of floodplain, top of bank,
normal water level and bottom elevations at the following locations:
[1]
At any point where a watercourse crosses a boundary
of the subdivision.
[2]
At fifty-foot intervals for a distance of 300
feet upstream and downstream of any proposed culvert or bridge within
the subdivision and within 1,000 feet downstream of the subdivision.
[3]
Immediately upstream and downstream of any point
of juncture of two or more watercourses within the subdivision and
within 1,000 feet of the subdivision.
[4]
At a maximum of five-hundred-foot intervals
along all watercourses which run through or adjacent to the subdivision.
[5]
When ditches, steams, brooks or watercourses
are to be altered, improved or relocated, the method of stabilizing
slopes and measures to control erosion and siltation, as well as typical
ditch section and profiles, shall be shown on the plan or shall accompany
it. Similar information shall be provided for control of erosion and
siltation due to road construction and other site changes and improvements.
[6]
The boundaries of the floodplains of all watercourses
and freshwater wetlands within or adjacent to the subdivision and
certification of the wetlands boundary by the Department of Environmental
Protection.
(c)
The total acreage in the drainage basin of any
watercourse running through or adjacent to a subdivision in the area
upstream of the subdivision.
(d)
The total acreage in the drainage basin to the
nearest downstream drainage structure and the acreage in the subdivision
which drains to the structure.
(e)
The location and extent of landscaping, conservation
and all other easements.
(f)
The location, extent and water-level elevation
of all existing or proposed lakes or ponds within or adjacent to the
subdivision.
(g)
The preliminary plat shall show or be accompanied by plans and a drainage report prepared in accordance with § 102-46.4, Stormwater management, for any storm drainage systems, including the following:
[Amended 3-28-2012]
[1]
All existing or proposed storm sewer lines within
or adjacent to the subdivision, showing the size and profile of the
lines and the location of each catch basin, inlet and manhole.
[2]
The location and extent of any proposed dry
wells, groundwater recharge basins, retention basins or other water
conservation devices.
(7)
The location of individual trees with a DBH equal to or greater than 10 inches shall be identified by size and species. All areas intended for tree removal and each tree with a DBH equal to or greater than 10 inches to be removed shall be clearly labeled. A tree protection detail and/or limit of disturbance line detail shall be provided. The proposed location of shade trees to be provided by the subdivider in accordance with § 102-71, Shade trees, wooded areas and landscaping, in Part 3 shall also be shown. All landscaping plans shall be prepared in accordance with the provisions of this chapter and shall show the location, species (both botanical and common name), size, number of each type of tree or shrub, the location, type and amount of each type of ground cover, plant list and planting details for trees, shrubs and ground cover.
[Amended 10-29-2008; 3-28-2012]
(8)
The names, locations and dimensions (paved width and
width of right-of-way) of all streets and driveways, both existing
and planned, so far as the latter can be ascertained, within the subdivision
and within a distance of 500 feet from the boundaries of the subdivision,
showing any connection from the proposed street in the subdivision
to adjacent arterial, collector or local streets and the extent to
which they conform to ordinance requirements, including compliance
with the Route 34, Colts Neck, Highway Access Management Plan, as
amended, for developments located in the area included in that Plan.
Where future driveway locations are not yet known, the development
plat shall identify locations where, under the Route 34, Colts Neck,
Highway Access Management Plan, as amended, driveways are to be prohibited.
[Amended 8-13-1997; 4-26-2017]
(9)
The name, location, width, purpose and extent of all easements, dedications
and special areas, such as for conservation, landscaping, drainage,
greenway, street rights-of-way, sight triangles, greenway access,
wetlands, special water resource protection areas, riparian buffer,
and/or floodplains, etc. Exact wording, as stated in the appropriate
section of this chapter, shall be placed on the plats and referenced
to the subject easement or dedication. A copy of any existing or proposed
covenants and deed restrictions applying to the lands being subdivided
shall be provided.
[Amended 3-28-2012]
(10)
Locations of all existing structures, showing
existing and proposed front, rear and side yard setback lines, and
an indication of whether the existing structures or uses will be retained
or removed and their current and proposed future use. All proposed
lot lines, including existing lot lines to remain and those to be
eliminated, with the dimensions thereof and the areas of all lots,
shown in square feet, correct to one square foot, shall be shown.
Any lot(s) to be reserved or dedicated to public use shall be identified,
and the proposed use of lots for other than residential shall be shown.
(11)
Names, cross sections, center-line profiles and tentative grades
of all proposed streets and existing streets internal to or abutting
the subdivision based on the United States Coast and Geodetic Survey
datum, together with full information as to the final disposal of
surface drainage. At intersections, sight triangles and the radii
of curblines shall be clearly indicated. Construction details of all
streets (curbing and pavement sections) shall be provided.
[Amended 3-28-2012]
(12)
Plans of proposed improvements and utility layouts
(sewers, storm drains, water, gas, electricity, etc.), showing feasible
connections to any existing or proposed utility system. If private
utilities are proposed, they shall comply fully with the Township,
county and state regulations. If service will be provided by an existing
utility company for other than electricity, telephone, cable television
and gas, a letter from that company will be sufficient, stating that
service will be available before occupancy and that the service to
be supplied will meet applicable Township, county and the state requirements.
When on-lot water or sewage disposal is proposed, the plan for such
system shall be approved by the appropriate Township, county and state
agencies. The location of all existing wells and septic systems on
the property shall be shown.
(13)
The results of permeability tests, groundwater
depth and soil boring tests and/or other tests required by the Board
of Health are required on all lots, shall be made under the supervision
of the Colts Neck Township Health Officer and shall be made in the
area of the lot where the septic system absorption field is most likely
to be located. The test locations, date of testing, the weather conditions
prevailing at the time of testing and for the preceding 72 hours and
the test results shall be recorded on the plat, and the following
certification statement shall be recorded on the plat and signed and
sealed by a licensed Professional Engineer of the State of New Jersey:
"I hereby certify that the above tests were conducted and reported
in accordance with N.J.A.C. 7:9, Chapter 9A of Standards for Individual
Subsurface Sewage Disposal Systems, as amended January 1, 1990." Upon
review of this data, the approving authority may require further tests
on any or all lots. To minimize the need for retesting, it is recommended
that the applicant review the proposed testing program with the Health
Officer prior to making initial tests. Upon request of the approving
authority, the developer may be required to install, maintain and
afford the Township access to groundwater depth monitoring wells for
a reasonable length of time after initial tests; all tests and monitoring
wells shall be at the developer's expense and liability.
(14)
A copy of any existing or proposed covenants or other deed restrictions applying to the land being subdivided, including those deed restrictions required in relation to lower-income housing units in § 102-97D.
(15)
Zoning district(s). If there is more than one
district, the plat should indicate the district lines.
(16)
The location and description of all monuments, markers and their symbols; see §§ 102-38D(17)(a)[12], 102-91B(5)(h), 102-62 and 102-69B(5).
(17)
The following notes and diagrams shall be added to preliminary plats [see also §§ 102-84I, 102-85I, and 102-86F(3)(b) and I]:
(a)
General notes.
[1]
Following installation of the street base course, the areas around catch basins and manholes shall be immediately built up with pavement to facilitate snowplowing and to prevent damage to vehicles passing over them, said buildup to be in accordance with Township Engineer's recommendations and to be maintained until the top course is applied. See § 102-77Q.
[2]
All site improvements shall be completed within
two years of the date that a certificate of occupancy is issued for
the first new home in a subdivision development.
[3]
All utilities to be placed under streets are
to be installed before the street base course pavement is installed.
[4]
Conservation, open space, drainage and utility
right-of-way easements and landscape easements and greenway areas
are not to be used for roadways or storage or as a dump area or driven
over by construction or other equipment or disturbed in any manner
without prior permission, in writing, from the Township Engineer.
Any such areas disturbed must be restored to the natural state or
to the state specified on the approved plats and to the satisfaction
of the Colts Neck Township Shade Tree Commission.
[5]
All topsoil shall be stripped and stockpiled from all areas where roadways, building areas and other improvements will be constructed and where any regrading shall be performed. Except for those areas occupied by roadways and buildings, the topsoil shall be redistributed wherever any regrading or disturbance or previous stripping was performed or where any topsoil areas have become contaminated with any other foreign materials and debris. See § 102-76.
[6]
Changes from the limit of disturbance and limit
of clearing on individual lots as shown on the approved plats and
grading plans for individual lots which change the approved plat grade
by 1 1/2 feet or more at any point on a lot must be approved by the
Township Engineer or Township Planner prior to any construction or
site preparation work or construction permit issuance.
[7]
Township standard street signs shall be used.
Double signs shall be provided at each street intersection, and street
signs shall be installed as soon as homes in the development are under
construction.
[8]
The developer shall topsoil (four-inch minimum
depth), grade and seed the areas between the street curb and the edge
of the right-of-way on each side of all streets internal to the development
and on the side of those streets bordering the development, and that
substantial turf shall be developed before the performance bond is
released. This turf requirement also applies to greenway areas.
[9]
By November 1st of each year, green areas and
other landscaped areas are to be planted in proportion to the number
of lots sold plus lots owned by the developer which have been granted
construction permits.
[10]
No dirt shall be removed from
the site unless specifically approved as part of this development
and so noted on the plats or unless a soil removal permit is obtained
from the Township Administrator.
[11]
All trash shall be removed from
the greenway areas before performance and maintenance guaranties are
released.
[12]
Greenway-type monuments shall
be installed where landscaping and conservation, open space, drainage
and utility right-of-way easements intersect side and rear lot lines
and at other points of deflection in addition to the greenway monuments
on greenways. In addition to the aforementioned permanent monuments,
supplemental markers shall be installed along all greenway and aforementioned
easement lines internal to the development where construction, grading
or construction traffic may encroach on such areas. All of the above
are to be installed prior to the issuance of any construction permits
or the start of any site preparation, construction or landscaping
work and are to be maintained until the maintenance bond is released.
[13]
Any construction required within
the existing street right-of-way for drainage or utility installation
or curb or pavement installation or any other type of construction
shall be completed within 60 days from commencement of said construction.
Said construction must be completed prior to the issuance of the first
certificate of occupancy for any structure in the subdivision.
[Added 12-29-1999]
(b)
Soil erosion and sediment control notes.
[1]
Control measures shall apply to dwelling construction
on individual lots and control measures shall apply to subsequent
owners, if title is conveyed.
[2]
During construction, any additional control
measures as deemed necessary to prevent erosion or control sediment
beyond those measures shown on the approved plan shall be installed
or employed at the direction of the Township Engineer.
[3]
A fifty-foot-by-thirty-foot-by-one-foot pad
of one-and-one-half-to-two-inch stone will be installed at all construction
driveways immediately after initial site disturbance.
[4]
Paved streets are to be kept clean at all times.
(18)
Upon recommendation of the Township Engineer
and/or approving authority, an off-site traffic engineering report
may be required if the location or intensity of the development may
significantly effect traffic circulation.
(19)
All changes of the plat plan shall be consecutively numbered
and bonded together on the left edge, and the first page shall contain
a table showing the page number, title and latest issue date and all
revision dates and a summary of reasons for reissuance for each sheet
involved in the plat plans. The listing shall be updated each time
a sheet is reissued. The name, signature, address, license number
and embossed seal of all professionals who prepared the plat shall
be provided on all sheets within the set of plans.
[Amended 3-28-2012]
(20)
Plat certifications and signature blocks.
[Added 3-28-2012]
(a)
Approved by the Planning Board/Zoning Board of Adjustment of
the Township of Colts Neck on _________________________.
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Chairman
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Date
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Secretary
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Date
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Engineer
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Date
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Planner
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Date
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(b)
Certification of consent is required on first sheet of all plans:
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I hereby certify that I am the owner of record and that I concur
with the plan as shown.
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Name
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Date
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E.
Final subdivision plat. The final plat titled as such
shall be drawn in ink, on tracing cloth of a scale of one inch equals
30 feet or less for a tract up to five acres in size, one inch equals
50 feet or less for a tract between five acres and 40 acres in size,
one inch equals 100 feet or less for a tract between 40 acres and
150 acres in size or one inch equals 200 feet or less for a tract
of 150 acres or more, and shall be in compliance with the provisions
of N.J.S.A. 46:23-9.10 to 23-9.12, inclusive, as amended. The final
plat shall show the same information required for preliminary approval,
in addition to the following:
(1)
A complete set of the approved preliminary major subdivision plat
reissued to show "Final Major Subdivision Plat" in the title and to
show any changes since preliminary approval, including updating of
the index sheet.
[Added 3-28-2012[4]]
[4]
Editor's Note: This ordinance also redesignated former Subsection
E(1) through (6) as Subsection E(2) through (7), respectively.
(2)
Tract boundary lines, exterior lines or streets, all
easements and other rights-of-way, all locations where highway access
is denied in conformance with the Route 34, Colts Neck, Highway Access
Management Plan, street names, land reserved or dedicated to public
use, all lot lines and other site lines with accurate dimensions,
bearing or deflection angles and radii, arcs and central angles of
all curves based on an actual survey by a licensed New Jersey engineer
or land surveyor. All dimensions, both linear and angular, of the
exterior boundaries of the subdivision shall balance and close within
a limit of error of 1:10,000 and of all lot lines to within 1:20,000.
[Amended 8-13-1997]
(3)
Block and lot numbers in accordance with established
standards in conformity with the Township Tax Map and approved by
the Tax Assessor. Services of the Township Tax Assessor will be made
available to the developer, upon request, to assist in the assignment
of lot and block numbers.
(4)
Cross sections, profiles and established grades of
all streets as approved by the Township Engineer.
(5)
Plans and profiles of all storm and sanitary sewers
and water mains as approved by the Township Engineer.
(6)
The location and description of all monuments, markers and their symbols as required under § 102-62, Monuments, in Part 3 and elsewhere in this chapter. [See also § 102-38D(16).]
(7)
All field changes approved by the Township Engineer
during construction.
(8)
A final major subdivision plat prepared in accordance with the provisions
of Chapter 141 of the Laws of 1960, known as the "Map Filing Law,"[5] as amended and supplemented and containing the following
information.
[Added 3-28-2012]
(a)
All dimensions, both linear and angular, of the exterior boundaries
of the subdivision and all lots and all lands reserved or dedicated
for public use shall balance, and their description shall close within
a limit of error of not more than one part in 10,000, identified by
a note on the plan indicating the error of closure.
(b)
All monuments in accordance with Chapter 141 of the Laws of
1960 of the State of New Jersey, including all monuments found, monuments
set, and monuments to be set, and an indication of monuments found
and reset.
(c)
Tract boundary lines, right-of-way lines of streets, easements
and other rights-of-way; all lot lines and site easement lines, with
accurate dimensions and bearings and radii, tangents, chords, arcs
and central angles of all curves and all front, rear and side yard
setback lines.
(d)
Lot and block numbers shown on the final plat shall conform
to the Township Tax Map (or proposed revisions thereof) and shall
be obtained by the applicant's engineer from the Tax Assessor. The
Township Engineer shall not affix his signature to the final plat
unless the applicant has fully complied in this regard.
(e)
Subdivision names and street names shown on the final plat shall
not be the same or similar to any name of any existing subdivision
or street in the Township and shall be approved by the Planning Board
Street Name Coordinator.
[5]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
(9)
Plat certifications and signature blocks.
(a)
I hereby certify that I am the owner of record and that I concur
with the plan as shown.
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Name
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Date
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(b)
I hereby certify that the bond has been given to the Township
guaranteeing the future setting of monuments as shown on this map
and so designated.
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Township Clerk
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Date
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(d)
This is to certify that the Planning Board/Zoning Board of Adjustment
of the Township of Colts Neck, Monmouth County, New Jersey, is the
proper authority to approve and has approved the attached map, and
that said map complies with the provisions of Chapter 141 of the Laws
of 1960, known as the "Map Filing Law." This map shall be filed on
or before ____________, 20___, which is 95 days from the date of final
approval by the Planning Board of the Township of Colts Neck, Monmouth
County, New Jersey.
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Chairman
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Secretary
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(e)
Filed in the Monmouth County Clerk's office, Freehold, New Jersey,
this _____ day of __________, 20__.
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Case No.
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Sheet
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(f)
Final plat - major subdivision approved under the AG District
lot size averaging provisions.
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"This lot was subdivided pursuant to the lot size averaging provisions published in § 102-86F(3)(b) of Chapter 102, Development Regulations, of the Code of the Township of Colts Neck. The further subdivision of this lot is prohibited. This restriction shall run with the land and is binding upon any and all heirs, successors and assigns in title and is for the benefit of and enforceable by the Township of Colts Neck."
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A.
Plat conformity.
(1)
No development application shall be accepted unless submitted in plat form, and no plat shall be accepted for consideration unless it conforms to the following requirements as to form, content and accompanying information. All plats shall be drawn by a land surveyor, as required by law, who shall be licensed to practice in the State of New Jersey, and shall bear the signature, seal, license number and address of the land surveyor, except that plats submitted under the informal discussion provisions of Article V[1] and minor site plans are exempt from this requirement.
All drawings of improvements shall be drawn to comply with the Route
34, Colts Neck, Highway Access Management Plan for developments located
in the area included in that Plan and, except for minor site plans,
shall be signed and sealed by a licensed professional engineer of
the State of New Jersey if they are part of an application requiring
formal approval. The plat shall be designed in compliance with the
provisions of Parts 3 and 4 of this chapter and, in addition, shall
meet the requirements of this section. All landscaping plans shall
be prepared by a licensed landscape architect and/or engineer and
shall be signed and sealed.
[Amended 8-13-1997; 10-11-2017]
(2)
All plats shall be submitted on one of the four following
standard sizes: 8 1/2 inches by 13 inches, 15 inches by 21 inches,
24 inches by 36 inches or 30 inches by 42 inches.
B.
A minor site plan for classification and approval shall be so titled and shall include the same data as required for a minor subdivision plat for classification and approval, except that the graphic scale shall be one inch equals 10 feet, 20 feet, 30 feet, 40 feet or 50 feet. This submission shall also show the location of proposed structures, drainage plans prepared in accordance with § 102-46.4, Stormwater management, and landscaping plans; and, for recreation courts and certain riding/training stables and antennas, the data called for in § 102-101, Recreation Courts, private residential, and/or § 102-49, Antennas, and/or § 102-103 and § 102-104, Riding/training stable, Type 2, and Riding/training stable, Type 3, respectively, in Part 4 and containing the following:
[Amended 3-28-2012]
(1)
Provisions for refuse and garbage disposal with details.
(2)
The location of signs and drawn details showing the size, color,
construction, height and content of all signs.
(3)
The location and size of all proposed loading areas.
(4)
Floor plans and building elevation drawings of any proposed structure
or existing structures to be renovated. Building elevations shall
specify the color and material of all exterior treatment.
(5)
Exterior lighting plan, including the location, direction of illumination,
amount of illumination expressed in horizontal footcandles, wattage
and drawn details of all outdoor lighting standards and fixtures.
(6)
The location and dimensions of all parking areas, including handicapped
facilities.
(7)
The location and dimensions of all driveways and access aisles showing
traffic flow, control signs and fire lanes.
(8)
The location and details of all curbs, sidewalks and other pedestrian
pathways.
(9)
Landscape and screening plans prepared in accordance with the provisions
of the Colts Neck Development Regulations Ordinance and showing the
location, species (both botanical and common names), size and number
of each type of tree or shrub, the location type and amount of each
type of ground cover to be utilized and plant list and planting details
for trees, shrubs and ground cover.
(10)
Plat certification and signature block.
(a)
Approved by the Planning Board/Zoning Board of Adjustment of
the Township of Colts Neck on ___________________________.
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Chairman
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Date
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Secretary
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Date
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Engineer
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Date
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Planner
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Date
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(b)
Certification of consent is required on first sheet of all plans:
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I hereby certify that I am the owner of record and that I concur
with the plan as shown.
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Name
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Date
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C.
A sketch plat of a major site plat shall be so titled
and shall show to scale the lot lines, proposed building(s) and structure(s),
proposed use(s), parking, loading, areas to be landscaped, on-site
circulation, driveways, located in conformance with the Route 34,
Colts Neck, Highway Access Management Plan for developments located
in the area included in that Plan, wooded areas, streams, approximate
flood hazard areas, wetlands, contours based on United States Geological
Survey (USGS) or similarly available datum, approximate on-site or
on-tract improvements, stormwater detention facilities and water and
sewer service as applicable.
[Amended 8-13-1997]
D.
Preliminary site plan plat.
(1)
Each site plan submitted shall be so titled and shall
be at a scale of one inch equals 30 feet or less for a tract up to
five acres in size; one inch equals 50 feet or less for a tract between
five acres and 40 acres in size; one inch equals 100 feet or less
for a tract between 40 acres and 150 acres; or one inch equals 200
feet or less for a tract of 150 acres or more. For tracts of 40 acres
or more, if grading and/or improvements are not clearly and accurately
shown at this scale, then additional drawings at one inch equals 50
feet or larger shall be provided.
(a)
Landscaping plans shall be of large enough scale
so that the individual plants can be accurately located in the field
and drawn, approved and sealed by an architect, planner or engineer,
certified landscape architect or other person acceptable to the reviewing
governmental body in accordance with N.J.A.C. 13:40-7.3. All plans
shall be certified by a licensed architect and/or engineer, including
accurate lot lines certified by a licensed surveyor and including
the following data:
[Amended 10-28-1998]
[1]
Written and graphic scale boundaries of the
tract.
[2]
The North arrow.
[3]
The date.
[4]
The scale.
[5]
Zone district(s) in which the lot(s) are located.
[6]
Existing and proposed streets and street names.
[7]
Existing and proposed contour lines at two-foot
intervals in and within 50 feet of the tract, with arrows indicating
the direction of surface water runoff.
[8]
All areas having a three-to-one slope or steeper
final contour shall be shaded or otherwise clearly identified on a
contour map.
[9]
A cover sheet identifying the name of the development, block
and lot number, Tax Map sheet number, application number, name and
address of the professional preparing the plat, as well as a listing
of all sheets in the set of prints with the issue date and description
and date of all revisions.
[Amended 3-28-2012]
[10]
Existing and proposed streams and easements.
[11]
Total building coverage in square feet and percent
of lot.
[12]
The total number of parking spaces.
[13]
All dimensions needed to confirm conformity
to the zoning provisions of this chapter, such as, but not limited
to, buildings, lot lines, parking spaces, setbacks and yards.
[14]
A small key map of a scale of not less than
one inch equals 400 feet, giving the general location of the parcel
in relation to an area within 1,500 feet of the periphery of the entire
property.
[15]
The site in relation to all remaining contiguous
lands in the applicant's ownership.
[16]
Location of individual trees with
a DBH equal to or greater than 10 inches shall be identified by size
and species.
[Added 10-29-2008]
[17]
Clear labeling of the areas intended
for tree removal and identifying each tree with a DBH equal to or
greater than 10 inches that it is proposed to be removed.
[Added 10-29-2008]
[18]
Providing a tree protection detail
and/or a limit of disturbance line detail.
[Added 10-29-2008]
[19]
A title block shall appear on all sheets and include:
tract name, Tax Map sheet, block and lot number, date of original
and all revisions, name, signature, address, license number and embossed
seal of all professionals who prepared the plat.
[Added 3-28-2012]
[20]
The name and address of the owner(s) and applicant(s).
[Added 3-28-2012]
[21]
A schedule shall be placed on the plat indicating
the acreage of the tract, the required and proposed lot area, lot
dimensions, setbacks, building coverage, total lot coverage and number
of parking stalls.
[Added 3-28-2012]
[22]
The boundaries, nature and extent of wooded areas,
floodplains, special water research protection areas, riparian buffers,
swamps, bogs, streams, creeks, ponds, wetlands and other important
physical features within the site and within 50 feet of the tract.
[Added 3-28-2012]
[23]
The names, locations and dimensions (paved width
and width of right-of-way) of all streets, existing and planned, within
50 feet of the boundaries of the tract.
[Added 3-28-2012]
(b)
If one sheet is not sufficient to contain the
entire territory, the map may be divided into sections to be shown
on separate sheets of equal sizes, with references on each sheet to
the adjoining sheets.
(2)
Each site plan submitted to the approving authority
for approval shall have the following information shown thereon or
to be annexed thereto:
(a)
The size, height, location and arrangement of all existing and proposed buildings, structures, signs and other site improvements on and within 50 feet of the boundaries of the site in accordance with the requirements of this chapter, including an architect's rendering of each building and sign, showing the proposed floorplan and front, side and rear elevations and the proposed use of all structures (Building elevations shall specify the color and materials proposed for all exterior treatments.), including the location, size and number of lower-income units and the deed restrictions required for lower-income housing units, if any, in § 102-97E. All on-site structures shall contain a note indicating which will be destroyed or removed and the current/future use with front, side and rear dimensions of those structures to remain.
[Amended 3-28-2012]
(b)
Proposed circulation plans and details, including access streets,
curbs, aisles and lanes, easements, fire lanes, driveways, parking
spaces, loading areas, loading berths or docks, pedestrian walks and
all related facilities for the movement and storage of goods, vehicles
and persons on the site and within all developments located in the
area included in the Route 34, Colts Neck, Highway Access Management
Plan, as amended, including the location of lights, lighting standards
and signs and driveways within the tract and within 100 feet of the
tract. Paved sidewalks shall be provided from each building entrance
and exist along expected paths of pedestrian travel, such as, but
not limited to, access to parking lots, driveways, other buildings
on the site and across common yard spaces between buildings where
pedestrian traffic can be expected to be concentrated. Plans shall
be accompanied by cross sections of streets, aisles, lanes and driveways,
which shall adhere to applicable requirements in this chapter.
[Amended 8-13-1997; 3-28-2012; 4-26-2017]
(c)
Existing and proposed wooded areas, buffer areas and landscaping
shall be shown on a plat. The landscaping plan shall include seeded
and/or sodded areas, grading, retaining walls, fencing, signs, recreation
areas, shrubbery, trees and buffer areas. The landscape plan shall
show the location, species (both common and botanical names), size
and number of each type of tree or shrub, the location, type and amount
of ground cover to be utilized and plant list and planting detail
for trees, shrubs and ground cover. The preservation of all natural
wooded areas, rock outcroppings or topographic features shall be an
integral part of all site plans, regardless of their proximity to
required buffer areas. A minimum area of the lot equivalent to 1/2
the gross floor area of the building shall be landscaped, and said
landscaping shall be reasonably distributed immediately adjacent to
and around the buildings. This requirement is in addition to other
landscaped area requirements. The plans shall show the location and
type of any man-made improvements and the location, species and caliber
of plant material for all planted or landscaped areas. The landscaped
area to meet this requirement shall be highlighted or otherwise clearly
marked for identification.
[Amended 3-28-2012]
(d)
The proposed location of all drainage, sewage and water facilities with proposed grades, sizes, capacities and types of materials to be used, including a drainage report prepared in accordance with § 102-46.4, Stormwater management, and any drainage easements acquired or required across adjoining properties. The method of sewage and waste disposal and waste incineration, if any, shall be shown. Proposed lighting facilities shall be included, showing the direction of the lighting, amount of illumination, expressed in horizontal footcandles, wattage and drawn details of all outdoor lighting standards and fixtures and meeting the requirements of § 102-117 herein.
[Amended 3-28-2012]
(e)
A written description of the proposed operations of the building(s),
including the number of parking spaces provided; hours of operation;
the number of employees; the proposed number of shifts to be worked
and the maximum number of employees on each shift; the expected vehicle,
truck and tractor-trailer traffic; the emission of noise, glare, air
and water pollution; safety hazards; and anticipated expansion plans
incorporated in the building design.
[Amended 3-28-2012]
(f)
All landscaped areas and landscaping material
shown on site plans shall be permanently maintained in good clean,
orderly, sightly, healthy condition by the owner and shall not be
considered as provided unless it is so maintained. Any dead plants
shall be replaced by the owner within six months.
(g)
Such plans shall be reviewed by the Township
Engineer for conformance to all ordinance provisions and to protect
against harmful effects to other properties, and he or she shall make
recommendations to the approving authority.
(h)
The name, location width and extent of all easements, dedications
and special areas, such as for conservation, drainage, street rights-of-way,
landscaping, sight triangles, special water research protection areas,
riparian buffers, wetlands and/or floodplains, etc. Exact wording,
as stated in the appropriate section of this chapter, shall be placed
on the plat and referenced to the subject easement or dedication stating
its title and purpose. All easements must be conveyed by a deed of
easement, in a form approved by the approving authority, and proof
of filing with the County of Monmouth provided.
[Amended 3-28-2012]
(i)
The location and description of all monuments
and their symbols. See §§ 102-91B(5)(h), 102-62 and
102-69B(6).
(j)
Permeability tests; groundwater depth and soil
boring tests and/or other tests required by the Board of Health are
required on all lots, shall be made under the supervision of the Colts
Neck Township Health Officer and shall be made in the area of the
lot where the septic system absorption field is most likely to be
located. The test locations, date of testing, weather conditions prevailing
at the time of testing and for the proceeding 72 hours and the test
results shall be recorded on the plat, and the following certification
statement shall be recorded on the plat and signed and sealed by a
licensed professional engineer of the State of New Jersey: "I hereby
certify that the above tests were conducted and reported in accordance
with N.J.A.C. 7:9, Chapter 9A of Standards For Individual Subsurface
Sewage Disposal Systems, as amended January 1, 1990." Upon review
of this data, the approving authority may require further tests on
any or all lots. To minimize the need for retesting, it is recommended
that the applicant review the proposed testing program with the Health
Officer prior to making initial tests. Upon request of the approving
authority, the developer may be required to install, maintain and
afford the Township access to groundwater depth monitoring wells for
a reasonable length of time after initial tests; all tests and monitoring
wells shall be at the developer's expense and liability. All existing
wells and septic systems on the property shall be shown.
(k)
Upon recommendation of the Township Engineer
and/or approving authority, an off-site traffic engineering report
may be required if the location or intensity of the development may
significantly effect traffic circulation, such as for golf courses,
shopping centers and/or office developments, including special events
associated therewith.
(l)
All pages of the site plan shall be consecutively
numbered and bonded together on the left edge, and the first page
shall contain a table showing number, title and latest issue date
and all revision dates and a summary of reasons for reissue for each
sheet involved in the site plan. This listing shall be updated each
time a sheet is reissued.
(m)
Plan certification and signature block.
[Added 3-28-2012]
(3)
The following notes and diagrams shall be added to preliminary site plans (see also § 102-85I):
(a)
General notes.
[1]
All site improvements shall be completed within
one year of the date that a certificate of occupancy is issued for
the building for which such improvements are required or necessary
in a site plan development.
[2]
Conservation, open space, drainage and utility
right-of-way and landscape easement areas are not to be used for roadways
or storage or as a dump area or driven over by construction or other
equipment or disturbed in any manner without prior permission, in
writing, from the Township Engineer. Any such areas disturbed must
be restored to the natural state or to the state specified on the
approved plats and to the satisfaction of the Colts Neck Township
Shade Tree Commission.
[3]
All topsoil shall be stripped and stockpiled from all areas where roadways, building and parking areas and other improvements will be constructed and where any regrading shall be performed. Except for those areas occupied by roadways, parking and buildings, the topsoil shall be redistributed wherever any regrading or soil disturbance or previous stripping was performed or where any topsoil areas have become contaminated with any other foreign materials and debris. See § 102-76.
[4]
Changes from the limit of disturbance and limit
of clearing on individual lots as shown on the approved plats and
grading plans for individual lots which change the approved plat grade
by 1 1/2 feet or more at any point on a lot must be approved by the
Township Engineer or Township Planner prior to any construction or
site preparation work or construction permit issuance.
[5]
The developer shall topsoil (four-inch minimum
depth), grade and seed the areas between the street curb and the edge
of the right-of-way on each side of all streets internal to the development
and on the side of those streets bordering the development, and that
substantial turf shall be developed before the performance guaranty
is released. This turf requirement also applies to landscaped areas.
[6]
No dirt shall be removed from the site unless
specifically approved as part of this development and so noted on
the plats or unless a soil removal permit is obtained from the Township
Administrator.
[7]
All trash shall be removed from the landscaping
areas before performance and maintenance guaranties are released.
[8]
Greenway-type monuments shall be installed where
landscaping and/or conservation, open space, drainage and utility
right-of-way easements intersect side and rear lot lines and at other
points of deflection. In addition to the aforementioned permanent
monuments, supplemental markers shall be installed along all the aforementioned
easement lines internal to the development where construction, grading
or construction traffic may encroach on such areas. All of the above
are to be installed prior to the issuance of any construction permits
or the start of any site preparation, construction or landscaping
work and are to be maintained until the maintenance bond is released.
[9]
When underground drainage or utility improvements
are required or when curbing or pavement widening or any other construction
is required within existing streets rights-of-way, said construction
shall be completed within 60 days from start of said construction.
All construction in the existing right-of-way will be completed prior
to the issuance of a certificate of occupancy for the first unit in
the commercial or industrial development.
[Added 12-29-1999]
(b)
Soil erosion and sediment control notes.
[1]
Control measures shall apply to subsequent owners
if title is conveyed.
[2]
During construction, any additional control
measures as deemed necessary to prevent erosion or control sediment
beyond those measures shown on the approved plan shall be installed
or employed at the direction of the Township Engineer.
[3]
A fifty-foot-by-thirty-foot-by-one-foot pad
of one-and-one-half-to-two-inch stone will be installed at all construction
driveways immediately after initial site disturbance.
[4]
Paved streets are to be kept clean at all times.
E.
Final site plan plat. The final plat shall include
all data required on the preliminary site plan plat, drawn to incorporate
all field changes approved by the Township Engineer during construction
and drawn by persons and to specifications as required for a preliminary
plat.
