A.
The Planning Board shall review and approve all subdivision
plats by resolution as a condition for the filing of such plats with
the County Recording Officer. The Planning Board shall review and
approve all site plans by resolution as a condition for the issuance
of a permit for any development. Subdivision or individual lot applications
for detached one- or two-unit buildings shall be exempt from such
site plan review and approval.
At the request of the developer, the Planning
Board shall grant an informal review of a concept plan for a development
for which the developer intends to prepare and submit an application
for development. The amount of any fees for such an informal review
shall be a credit towards fees for review of the application for development.
The developer shall not be bound by any concept plan for which review
is requested, and the Planning Board shall not be bound by any such
review.
An application for development shall be complete
for purposes of commencing the applicable time period for action by
a municipal agency when so certified by the municipal agency or its
authorized administrative officer. In the event that the municipal
agency or its authorized administrative officer does not certify the
application to be complete within 45 days of the date of its submission,
the application shall be deemed complete upon the expiration of the
forty-five-day period for purposes of commencing the applicable time
period unless:
A.
The application lacks information indicated on a checklist
adopted by ordinance and provided to the applicant, and the municipal
agency or its authorized administrative officer has notified the applicant
in writing of the deficiencies in the application within 45 days of
submission of the application.
B.
The applicant shall obtain all necessary forms from
the Secretary of the Planning Board and shall submit the following
in connection with an application for development 21 days before the
hearing date.
(1)
Fifteen copies of the application form completed as
required.
[Amended 10-17-2006 by Ord. No. 33-2006]
(2)
Fifteen copies of the site plan, subdivision plan
or subdivision plats as required.
[Amended 10-17-2006 by Ord. No. 33-2006]
(3)
Applicant's affidavit of ownership of the property
in question or his interest in the property in question.
(4)
One of the following:
(a)
A letter of interpretation from the NJDEP indicating
the absence of freshwater wetlands or indicating the presence and
verifying delineation of the boundaries of freshwater wetlands; or
(b)
A letter of exemption from the NJDEP certifying
that the proposed activity is exempt from the Freshwater Wetlands
Protection Act and regulations promulgated thereunder; or
(c)
A copy of any application made to the NJDEP
for any permit concerning a proposed regulated activity in or around
freshwater wetlands.
(5)
If the applicant is a corporation or partnership,
a complete list of the names and addresses of all shareholders or
partners owning at least a ten-percent interest in the company as
required by N.J.S.A. 40:55D-48.1 et seq.
(6)
Number of witnesses and their expertise, if any.
(7)
Certification that all real estate taxes and assessments
currently due have been paid.
(8)
A receipt indicating that all fees due under this
chapter have been paid.
C.
The applicant may request that one or more of the
submission requirements be waived, in which event the municipal agency
or its authorized administrative officer shall grant or deny the request
within 45 days. The applicant shall set forth the reason why the waiver
is requested.
D.
Nothing herein shall be construed as diminishing the
applicant's obligation to prove in the application process that he
is entitled to approval of the application.
No development application shall be accepted
for consideration unless it conforms to the requirements as set forth
herein as to form, content and accompanying information. All plats
shall be drawn by a New Jersey licensed land surveyor and shall bear
the signature, seal, license number and address of the surveyor and
comply with the Map Filing Law.[1] All drawings of improvements shall be signed and sealed
by a professional engineer licensed to practice within the State of
New Jersey.
A.
Minor subdivision plat details. The plat shall be
clearly and legibly drawn and shall be based on Tax Map information
or some other similarly accurate base, at a suitable scale to enable
the entire tract to be shown on one sheet, and shall show or include
the following information:
(1)
A key map with North arrow showing the entire development
and its relation to surrounding areas at a scale of not less than
one inch equals 2,000 feet.
(2)
The Tax Map sheet, block and lot numbers for the tract
and all adjacent lots, title, graphic scale, date of original drawing
and the date and substance of each revision.
(3)
Name and address of the owner, subdivider and person
preparing the plat. If the owner is not the applicant, then the interest
of the applicant and the owner's signed consent to the filing of the
application.
(4)
The names of all adjoining property owners as disclosed
by the most recent City tax records.
(5)
The signature and seal of a licensed land surveyor.
(6)
The classification of the zoning district in which
the proposed subdivision is located. If the property lies in more
than one zoning district, the plat shall indicate all the zoning district
boundary lines. All front, side and rear setback lines shall be shown
conforming to this chapter.
(7)
The legal description and street address, if any,
of the subject property, its entire acreage and the acreage of the
area(s) being subdivided.
(8)
All existing and proposed lot lines and any existing
lot lines to be eliminated with the lines certified by a New Jersey
licensed land surveyor.
(9)
All existing structures, uses and wooded areas within
the portion to be subdivided and within 200 feet of the subject property;
also, any isolated trees with a diameter of eight inches or more measured
three feet above the ground level on the property involved.
(10)
All streams, lakes and drainage rights-of-way within
the limits of the tract(s) being subdivided and within 200 feet thereof,
including the location, width and direction of flow of all streams,
brooks and drainage rights-of-way; the location and dimensions of
all drainage structures; existing features to be removed or relocated;
flood hazard area and floodway lines, steep slopes, wetlands and swamps.
(11)
All existing and proposed streets, roads, easements
and rights of-way within and adjoining the proposed subdivision, with
existing right-of-way widths clearly indicated and as proposed in
the City Master Plan. Existing driveways, street names, sight triangles
and purpose of any easements shall be shown. Copies of the text of
any deed restrictions shall be provided when requested by the approval
authority.
(12)
The location and width of all existing and proposed
utility easements in the area to be subdivided.
(13)
The shortest distance between any existing building
and other structures or a proposed or existing lot line.
(14)
The location of any existing or proposed open space
or recreation area.
(15)
A
limits of disturbance plan showing the construction line for all building,
parking and vehicular use areas, all stormwater retention areas, and
areas of required cut and fill.
[Added 8-3-2010 by Ord. No. 14-2010]
B.
Minor site plan.
(1)
For purposes of determining site plan details required
to be shown, a site plan will be deemed a minor site plan when it
involves any lots not abutting an arterial or collector road or street
as shown on the City Master Plan and where:
(b)
The proposed expansion or alteration of an existing building or use on a specific lot(s) will not result in additional lot coverage in excess of 10% of the existing coverage, will conform to the maximum and minimum building standards as set forth in this chapter, and will not increase the number of off-street parking spaces by more than five or eliminate existing required parking spaces and said building or use is not subject to the requirements of Article XVIII of this chapter.
(2)
Minor site plan details. A minor site plan shall include the same data as required in § 30-45A except that the graphic scale shall not be less than 50 feet to the inch. All distances shall be in decimals of a foot, and all bearings shall be given to the nearest 10 seconds. The error of closure shall not exceed one in 10,000. In addition to the aforementioned data required, the site plan shall also show:
(a)
Existing schools, special districts and areas
proposed for dedication for public use.
(b)
Location of all proposed buildings and all other
structures, such as but not limited to walls, fences, culverts, bridges
and sidewalks, with spot elevations of such structures.
(c)
The proposed use or uses of land and buildings
and the location of proposed buildings or individual sites, such as
in the case of campgrounds, including proposed grades.
(d)
The location and design of any off-street parking
and loading areas, showing size and locations of bays, aisles and
barriers and the number of parking and loading spaces.
(e)
All buffered and landscaped areas and means
of vehicle access and egress existing and proposed for the site, showing
the size and location of driveways and curb openings.
(f)
The square footage of each building, total number
of employees and of the employees in the largest working shift and
where applicable, seating capacity of the structure(s).
(g)
If a sign or signs are to be erected, attached or otherwise located on the site, the site plan shall be accompanied by additional details and information as provided in § 30-45G.
(h)
If the applicant is a corporation or partnership,
a list of the names and addresses of all stockholders or individual
partners owning at least 10% of its stock of any class or at least
10% of the interest in the partnership, as the case may be. If a corporation
or partnership owns 10% or more of the stock of a corporation or 10%
or greater interest in a partnership, subject to a disclosure as set
forth above, the corporation or partnership shall list the names and
addresses of its stockholders holding 10% or more of its stock or
10% or greater interest in the partnership, as the case may be, and
this requirement shall be followed by every corporate stockholder
or partner in a partnership, until the names and addresses of the
noncorporate stockholders and individual partners, exceeding the ownership
criterion of 10% as set forth in N.J.S.A. 40:55D-1 et seq. have been
listed.
(i)
A limits of disturbance plan showing the construction line for all
building, parking and vehicular use areas, all stormwater retention
areas, and areas of required cut and fill.
[Added 8-3-2010 by Ord. No. 14-2010]
C.
Preliminary subdivision plat. The preliminary plat shall be clearly and accurately drawn or reproduced at a suitable scale. Preliminary plats shall be designed in accordance with the provisions of Article XVIII of this chapter and shall show or be accompanied by the following information:
(1)
The plat shall have a graphic scale of not less than
one inch equals 100 feet and be based on a certified boundary survey
and drawn by a land surveyor licensed in New Jersey with design and
improvements drawn by a professional engineer also licensed to practice
in New Jersey. Sheet size shall be 30 inches by 42 inches, 24 inches
by 36 inches, 15 inches by 21 inches, or 8 1/2 inches by 13 inches.
If more than one sheet is required to show the entire subdivision,
a separate composite map shall be drawn showing the entire subdivision
and the sheets on which the various sections thereof are shown.
(2)
The plat shall have a key map with North arrow, showing
the entire subdivision in relation to surrounding areas, including
the names of principal roads, and at a scale of not less than one
inch equals 2,000 feet.
(3)
Title block with the name of the subdivision; any development names previously associated with the application; the name of the municipality; Tax Map sheet, block and lot numbers; date of preparation and most recent revision; meridian, graphic scale; the names, addresses, phone numbers and signatures of the owner, subdivider and person(s) who prepared the plat(s), including the seal(s) of the latter. If the subdivider is not the owner, of the subject property, the plat shall be accompanied by a statement indicating the interest of the applicant. If the applicant is a corporation or partnership, said corporation or partnership shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be. Listing shall be in accordance with the provisions of § 30-45B(2)(h).
(4)
The names of property owners within 200 feet of the
extreme limits of the subdivision as disclosed on the most recent
municipal tax records.
(5)
Tract acreage to the nearest 0.001 of an acre; the
number of new lots, each lot line dimension, scaled to the nearest
foot; and each lot area, to the nearest square foot.
(6)
Existing and proposed contours at two-foot intervals.
All elevations shall be related to a bench mark noted on the plan
and wherever possible shall be based on USGS mean sea level datum
or approved local datum. Contours should show existing ground elevations
and proposed elevations in any area to be regraded.
(7)
The natural features map shall delineate natural tree
cover by a circumferential line around all stands of trees with similar
characteristics such as the type or species based on the outer perimeter
of the dripline of the individual trees. Specific locations of specimen
trees which are healthy and have a diameter at breast height of 24
inches or greater or are otherwise noteworthy because of species,
age, size, or other exceptional quality such as rarity, uniqueness
or status as landmark or species specimen shall be noted on the natural
features map.
[Amended 8-3-2010 by Ord. No. 14-2010]
(8)
Existing and proposed streams, lakes, ponds, and marsh
areas accompanied by the following data:
(a)
When a running stream with a drainage area of
1/2 square mile or greater is proposed for alteration, improvement
or relocation, or when a structure or fill is proposed over, under,
in or along such running stream, evidence of approval, required alteration,
lack of jurisdiction or denial of the improvement by the New Jersey
Division of Water Policy and Supply shall accompany the plat.
(b)
Cross sections and profiles of watercourses
at an appropriate scale showing the extent of the flood fringe area,
top of bank, normal water level and bottom elevations at the following
locations:
[1]
All watercourses within or adjacent to the development
and at any point where a watercourse crosses a boundary of the development
(profile and cross-section).
[2]
At fifty-foot intervals for a distance of 300
feet upstream and downstream of any existing or proposed culvert or
bridge within the development (cross section).
[3]
At a maximum of one-hundred-foot intervals,
but at no less than two locations, along each watercourse which runs
through or adjacent to the development (cross section).
[4]
When ditches, streams, brooks or watercourses
are to be altered, improved or relocated, the method of stabilizing
slopes and measures to control erosion and siltation during construction
as well as typical ditch sections and profiles shall be shown on the
plan or accompany it.
(c)
The total upstream acreage in the drainage basin
of any watercourse running through or adjacent to a development, for
the flowing streams, small-scale watershed maps developed from the
USGS sheets shall be submitted.
(d)
The total acreage in the drainage basin to the
nearest downstream drainage structure and the acreage in that portion
of the development which drains to the structure.
(e)
The location and extent of all existing and
proposed drainage and conservation easements and flood hazard area
and floodway lines.
(f)
The location, extent and water level elevation
of all existing or proposed lakes or ponds on or within 300 feet of
the development.
(g)
Plans and computations for any storm drainage
systems, including the following:
[1]
All existing and proposed stormwater sewer lines
within or in lands or roads adjacent to the development and for all
required off-site and off-tract drainage improvements showing size,
profile and slope of lines, direction of flow and the location of
each catch basin, inlet, manhole, culvert and headwall.
[2]
The location and extent of any proposed dry
wells, groundwater recharge basins, retention basins, flood control
devices, sedimentation basins, or other water conservation devices.
(9)
The names, locations and dimensions, including cartway
and right-of-way widths, of all existing streets within a distance
of 200 feet of the boundaries of the development, existing driveways
and any connections from proposed streets, sidewalks and bike routes
in the development to any adjoining street(s), sidewalk(s) or bike
route(s) and what off-site extensions, if any, will be made to nearby
arterial and collector streets as those streets are shown on the adopted
Master Plan.
(10)
Plans, cross sections, center-line profiles, tentative
grades and details of all proposed and existing streets in the tract
and within 300 feet of the subdivision based on the United States
Geological Survey datum, together with full information as to the
disposal of surface runoff, including plans, cross sections and profiles
of streets, storm drains and drainage structures. Typical street cross
sections shall indicate the type and width of pavement and the location
of curbs, sidewalks, bike routes, typical underground utilities and
shade tree planting. At intersections, the sight triangles, radii
of curblines, crosswalks and street sign locations shall be shown.
Final street naming may be deferred. For streets where curbs and/or
sidewalks are to be provided, separate curb and sidewalk profiles
shall be required at street intersections.
(11)
The names, locations, paved widths, right-of-way widths
and purpose(s) of existing and proposed easements, driveways and other
rights-of-way in the proposed subdivision. The text of any deed restrictions
shall accompany the plat.
(12)
The location and description of all easements, existing
and tentatively proposed.
(13)
All proposed lot lines, and all existing lot lines
to remain and those to be eliminated. All setback lines required by
this chapter with the dimensions thereof and any municipal boundary
line where the boundary is within the tract or within 200 feet of
the tract. Any lot(s) to be reserved or dedicated to public use shall
be identified. Each block shall be numbered, and the lots within each
block shall be numbered consecutively beginning with the number one.
(14)
Locations of all existing structures and their use(s)
in the tract and within 200 feet thereof, showing existing and proposed
front, side and rear yard setback distances, structures of potential
historic significance and an indication of all existing structures
and uses to be retained and those to be removed.
(15)
Plans and profiles of proposed improvements and utility
layouts (sanitary sewers, storm sewers, erosion control, excavation,
etc.) showing location, size, slope, pumping stations and other details
as well as feasible connections to any existing or proposed utility
systems. If private utilities are proposed, they shall comply fully
with all municipal, county and state regulations. If service will
be provided by an existing utility company, a letter from that company
shall be submitted stating that the service will be available before
occupancy of any proposed structures. When on-lot water supply or
sewerage disposal is proposed, the proposed location of the well and
the location and results of percolation tests shall be submitted.
(16)
Zoning district(s) and zoning district lines in which
the subdivision is located.
(17)
Identification of an area to be reserved for public
use and acceptable for City recreational purposes, approved by the
Planning Board, comprising not less than 15% of the land area to be
developed. Such lands, when approved by the Planning Board, constitute
an amendment to the Master Plan of the City of Millville and will
be reserved for a period of one year from the date of preliminary
approval, during which time the City may institute acquisition procedures.
(18)
An itemization of all improvements to be made to the site, as required in Articles XIV, XVI, XVIII, XXIII and XXIV and such other improvements on site, off site and off tract as the public interest may require, together with a listing of the work and materials to be used in installing such improvements, including estimated quantities of necessary materials, sufficient to enable the City Engineer to formulate a performance guaranty estimate.
(19)
Details and information on any proposed signs to be erected, constructed or to be placed anywhere on the property involved in accordance with the provisions of Article XXIII of this chapter.
(20)
In the case of a cluster development, the preliminary
plat shall be accompanied by a set of detailed development plans showing
density patterns, site design, open land designations, building locations,
utilities and other improvements and landscaping proposals.
D.
Preliminary site plan.
(1)
Every preliminary site plan shall be at a minimum
graphic scale of one inch equals 10 feet, 20 feet, 30 feet, 40 feet
or 50 feet; certified by a New Jersey licensed architect or engineer,
including accurate lot lines certified by a New Jersey licensed surveyor,
submitted on one of four of the following standard sheet sizes: 8 1/2
inches by 13 inches, 15 inches by 21 inches, 24 inches by 36 inches,
or 30 inches by 42 inches. If one sheet is not sufficient to contain
the entire territory, a separate composite map shall be drawn showing
the entire development and the sheets on which the various sections
are shown. The site plan shall include the following data:
(a)
All lot lines and the exterior boundaries of
the tract;
(b)
North arrow;
(c)
Zone district(s) in which the lot(s) is(are)
located;
(d)
Date of original drawing and each subsequent
revision or amendment;
(e)
Existing and proposed street(s) and street name(s);
(f)
Existing and proposed contours at two-foot intervals
throughout the tract and within 100 feet of any building or paved
area under review;
(g)
Title of plan and development name;
(h)
Watercourse location;
(i)
Total area to one square foot;
(j)
Total number of parking spaces required and
to be provided;
(k)
All dimensions, areas and distances needed to
conform with the chapter such as, but not limited to, building lengths,
building coverage, lot lines, parking spaces, loading spaces, setbacks
and yard dimensions;
(l)
A small key map giving the general location
of the parcel within the City; and
(m)
A separate map showing the site in relation
to all remaining lands in the present owner's ownership.
(2)
Site plan information for preliminary and final approval.
Each site plan shall have the following information shown thereon
or be annexed thereto and shall be designed to comply with the applicable
provisions of this chapter:
(a)
Building and use plan. The size, height, location,
arrangement and use of all proposed buildings, structures, and signs,
including an architect's sealed elevations of the front, side and
rear of any structures and signs to be erected or modified, to the
extent necessary to apprise the Planning Board of the scope of the
proposed work, shall be shown. Any existing structures shall be identified
either to remain or to be removed. A written description of the proposed
use(s) and operation(s) or nonresidential building(s), including the
number of shifts to be worked and the maximum number of employees
on each shift; seating capacity; expected truck and tractor-trailer
traffic; emission or noise, glare, vibration, heat, odor and air and
water pollution; safety hazards; and anticipated expansion plans incorporated
in the building design. Floor plans shall be submitted upon request
of the Planning Board.
(b)
Circulation plan. This plan shall show access
streets and street names, acceleration/deceleration lanes, curbs,
aisles and lanes, access points to public streets, sight triangles,
traffic channelization, easements, fire lanes, driveways, number and
location of parking and loading spaces/loading berths and/or docks,
pedestrian walks and all related facilities for the movement and storage
of goods, vehicles and persons on the site and including lights, lighting
standards, signs and driveways within the tract and within 100 feet
of the tract. Sidewalks shall be shown from each entrance/exit 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 areas between buildings. Plans shall be accompanied by
cross sections of new streets, aisles, lanes, driveways, and sidewalks.
Any expansion plans for the proposed use shall show feasible parking
and loading expansion plans to accompany building expansion.
(c)
Natural resource plan. This plan shall show
existing and proposed wooded areas; buffer areas including the intended
screening devices and buffers; grading at two-foot intervals inside
the track and within 50 feet of its boundaries; seeded and sodded
areas; ground cover; retaining walls; fencing; signs; recreation areas;
shrubbery; trees; and other landscaping features. These plans shall
show the location and type of man-made improvements and the location,
species and caliper of plant material and trees to be located on the
track. The natural tree cover also shall be delineated by a circumferential
line around all stands of trees with similar characteristics such
as the species or type based on the outer perimeter of the dripline
of the individual trees. Specific locations of specimen trees which
are healthy and have a diameter at breast height of 24 inches or greater,
or are otherwise noteworthy because of age, size, species, or other
exceptional quality such as rarity or uniqueness or status as a landmark
or species specimen, shall be noted on the natural features map. All
portions of the property not utilized by building or paved surfaces
shall be landscaped utilizing combinations such as landscaping fencing,
shrubbery, lawn area, ground cover, rock formations, contours, existing
foliage and the planting of coniferous and/or deciduous trees native
to the area in order to maintain or reestablish the tone of the vegetation
in the area and lessen the visual impact of the structures and paved
areas. The established grades and landscaping on any site shall be
planned for aesthetic, drainage and erosion control purposes.
[Amended 8-3-2010 by Ord. No. 14-2010]
(d)
Facilities plan. This plan shall show the existing
and proposed locations of all drainage and stormwater runoff; open
space; common property; fire hydrants; gas, electric, telephone, sewerage
and water line locations; and solid waste collection and disposal
methods, including proposed grades, sizes, capacities and materials
and/or equipment to be used for facilities installed by the developer.
Installations by utility companies need only show their locations
on the plan. All easements acquired or required on the tract and across
adjacent properties shall be shown, and copies of legal documentation
that support the granting of an easement by an adjoining property
owner shall be included. All proposed lighting shall be shown, including
the direction, angle, height and reflection of each source of light.
All utilities shall be installed underground. All required state and
federal approvals for environmental considerations shall be submitted
prior to preliminary approval or shall be a condition of approval.
Drainage facilities shall include facilities to comply with stormwater
runoff provisions of this chapter. The method of sewage treatment
and solid waste disposal or collection shall be shown, and percolation
tests and soil borings from sufficient locations on the site to allow
a determination of adequacy by the Board of Health shall be included
where septic tanks and leaching fields are permitted and are proposed.
(e)
Environmental impact statement. An environmental impact statement in accordance with the requirements of § 30-46E shall be submitted.
[Amended 3-7-2006 by Ord. No. 8-2006]
(f)
In the case of multifamily and apartment developments,
five copies of a housing market analysis which shall describe and
demonstrate the need for the proposed project in terms of the regional
housing market shall be submitted. Analysis shall include data and
information on vacancy rates, type and location of other housing facilities
within the City and the region. Such analysis shall clearly indicate
how it will meet a need reasonably shown to exist for the type and
cost of housing proposed and is in compliance with the City Master
Plan Housing Element.
(g)
In the case of residential development for which
a homeowners association is required, the site plan shall be accompanied
by such information as will permit the approval authority to make
detailed findings concerning the ability of the proposed association
to adequately perform the function for which it is designed. Information
to be submitted by the applicant in this regard and subject to approval
or revision is as follows:
[1]
The time when the association is to be created
in relation to the project's timetable.
[2]
Mandatory or automatic nature of membership
in the organization by a resident and his/her successor(s).
[3]
Permanence of open space and recreational area
protective convenants.
[4]
Liability of organization for insurance, taxes
and maintenance of all facilities.
[5]
Provisions made for pro rata sharing of costs
and assessments.
[6]
Capacity of the organization to administer common
facilities and preserve the benefits of the open space and recreational
areas.
[7]
The restrictions, covenants and other devices
establishing automatic membership in the association and the responsibilities
of that membership.
(h)
An application form completed in full, accompanied by such other information or data as may be required by the Planning Board in order to determine that the proposed development is in accordance with the City Master Plan, the provisions of this chapter and all other applicable City ordinances. If the applicant is a corporation or partnership, the corporation or partnership shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be. Such listing shall be in accordance with the provisions of § 30-45B(2)(h) of this article.
(3)
The Planning Board, at its sole discretion, may waive
or reduce the details and/or data required to be shown on a preliminary
site plan, so long as such waiver or reduction will not unreasonably
hamper or impede the Planning Board's review of the proposed development
in relation to the City Master Plan and all applicable ordinances.
E.
Final subdivision plat. The final plat shall be drawn
in ink on tracing cloth or Mylar at a suitable scale and in compliance
with all provisions of Chapter 141 of the Laws of 1960 (N.J.S.A. 46:23-9.9
et seq.). The final plat shall show or be accompanied by only the
following information and those details as specified in the aforementioned
New Jersey Map Filing Law and as follows:
(1)
Date, name and location of the subdivision; name of
the owner, graphic scale; and reference meridian.
(2)
The purpose of any easement of land reserved or dedicated
to public use shall be designated, and the proposed use of sites other
than residential shall be noted.
(3)
Minimum building setback lines on all lots and other
sites.
(4)
Names of owners and adjoining unsubdivided land.
(5)
Signature blocks for the Planning Board, City Engineer
and other endorsements required by law.
(6)
Tract boundary lines; municipal boundary line if within
200 feet of the tract being subdivided; street names; all lot lines
and other site lines with accurate dimensions, bearing or deflection
angles and radii, arcs and chart bearings and distances of all curves
based on an actual survey by a land surveyor licensed to practice
in the State of New Jersey, with minimum building setback lines and
the area of each lot shown to the nearest square foot. All dimensions,
both linear and angular, of the exterior tract boundaries shall be
based on and calculated from surveyed transversing which shall have
an apparent error of field closure of 1:10,000 or better and shall
be corrected by accepted balancing methods to final errorless closure;
all final exterior and lot boundaries shall be similarly balanced
to final errorless closure. All dimensions, angles and bearings given
on the map must be referred to by at least two permanent monuments
which shall be indicated on the map.
(7)
Block and lot numbers in accordance with established
standards and in conformity with the Municipal Tax Map, as prepared
and certified by a licensed New Jersey land surveyor, and all street
numbers where appropriate shall be designated as specified by the
approval authority.
(8)
Plans, cross sections, profiles and established grades
of all streets and easements as approved by the City Engineer.
(9)
Plans and center line profiles of all storm and sanitary
sewers and water mains as approved by the City Engineer.
(10)
Location and description of all monuments as required
by this chapter and Map Filing Law (N.J.S.A 46:23-9.9 et seq).
(11)
By separate exhibits, information regarding required
improvements and detailing the stage of completion of installing said
improvements, including the following certifications:
(a)
By a New Jersey licensed professional land surveyor
as to the accuracy of the plat and of the surveyed dimensions.
(b)
That the applicant is agent or owner of the
land, or that the owner has given consent under an option agreement
or contract of sale.
(c)
Approvals of the City Engineer.
(d)
Appropriate local, county and state approvals.
(e)
By the Municipal Tax Collector that all taxes
are paid to date.
(f)
Other certifications that may be required by
law.
F.
Final site plan. The final site plan shall include all data required on the preliminary site plan drawn to incorporate all changes required as a condition of preliminary approval and drawn by persons and to specifications as required for a preliminary plan. To the extent applicable, the final site plan shall be accompanied by the same certifications as required by § 30-45E(11).
G.
Site plan for signs. Unless otherwise provided by
this chapter, an application for a sign permit shall be accompanied
by a site plan of the proposed sign(s) which shall show the following:
(1)
Name, address and telephone number of the applicant,
the person preparing and/or constructing the sign(s) and the person
erecting the sign(s).
(2)
Location of the building, the structure and/or the
lot to which the sign(s) is to be erected, attached or located.
(3)
A scaled drawing showing the size of the existing
or proposed sign; the location of the sign on the building to which
it is to be attached or on the property on which it is to be placed
(in which case setback dimensions shall be shown); the materials to
be utilized in the construction of the sign, including whether or
not the sign will be illuminated; and the message, lettering, artwork,
illustrations, color and appurtenances to be placed or shown on the
sign(s).
(4)
In the case of signs to be erected, constructed or
placed on property or attached to structures not belonging to or owned
by the applicant, evidence of the property or structure owner's approval
or permission for the locating of said sign(s).
(5)
Such other information as required by the Planning
Board.
[1]
Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
A.
General provisions.
(1)
Applicability.
(a)
In order to protect the public health, safety,
and welfare, all development applications, including subdivisions,
site plans, and rezoning requests shall include specific information
pertaining to the impact of the proposal upon external physical systems,
public facilities and public services. The data that shall be included
in the application are specified under this section. The following
topics are subject to the impact review requirements of this subsection:
(b)
For each of these topics, this section specifies
the City's standards and data that must be submitted in order to document
the proposed use, available capacities, estimated impacts, and impact
mitigation. Applications for preliminary or final subdivision or site
plan review shall not be deemed complete until the data required for
each topic, as applicable, is submitted to the Planning Board. This
section specifies methods, multipliers, and other instructions to
be followed in calculating impacts. Alternate calculations submitted
by the applicant are acceptable, subject to the Planning Board's accepting
these findings as to greater accuracy or currency.
(2)
Impact mitigation. Applicants are encouraged to propose
ways to mitigate the identified impacts of their projects as part
of the application process. Mitigation may occur in several ways,
including the phasing of the project based upon public investment,
voluntary contributions or private solutions to rectify capacity shortfalls
or enable public resolution of capacity shortfalls.
[Amended 10-17-2006 by Ord. No. 33-2006]
(3)
Public facilities and services: general standard.
It is the goal of the City that adverse impacts of new development
on public facilities, such as the transportation systems, sewerage
collection and treatment systems, water systems, public services,
and schools, shall be prevented, or minimized, through careful planning
by the developer to accurately predict such adverse impacts and to
take reasonable actions in cooperation with the City to mitigate potential
adverse impacts. Adverse impacts shall include increases in demand
or usage that would exceed available capacities of road, sewer and
water, and schools, or that would exceed the fiscal and operational
capabilities of the City to provide public services to the development.
It is recommended, but not mandatory, that the applicant participate
in preapplication conference, verify generation assumptions, existing
capacities and mitigation procedures.
B.
Traffic impact.
(1)
Traffic impact standard. Traffic generated by each
new development shall not cause traffic to exceed Service Level D
at the nearest intersections providing public access to the development
site.
(2)
Documentation to be submitted by applicant. All rezoning
petitions, subdivision and site plan applications shall provide with
the preliminary application an estimate of additional trips generated
per day and peak hour and indicate the most recent traffic service
levels at the intersections nearest to the development site.
|
Trips per Indicated Measure
| |||
|---|---|---|---|
|
Office Building
|
Employee
|
1,000 Gross Square Feet of Building Area
| |
|
General office, under 100,000 gross sq. ft.
|
3.7
|
17.7
| |
|
General office, 100,000 to 199,999 gross sq.
ft.
|
3.8
|
14.3
| |
|
General office, over 200,000 gross sq. ft.
|
2.9
|
10.9
| |
|
Medical office building
|
N/A
|
54.6
| |
|
Office park
|
3.3
|
20.7
| |
|
Research center
|
2.4
|
5.3
| |
|
Light industrial
|
3.2
|
5.5
| |
|
Industrial park
|
3.6
|
7.0
| |
|
Trips per Indicated Measure
| |||
|---|---|---|---|
|
Industrial
|
Employee
|
1,000 Gross Square Feet of Building Area
| |
|
Warehousing
|
3.9
|
4.9
| |
|
Mini warehouse
|
2.8
| ||
|
Trips per Indicated Measure
| |||
|---|---|---|---|
|
Lodging
|
Employee
|
Room
| |
|
Hotel
|
11.3
|
10.5
| |
|
Motel
|
12.8
|
10.1
| |
|
Trips per Indicated Measure
| ||||
|---|---|---|---|---|
|
Commercial
|
Employee
|
1,000 Gross Square Feet of Leasable Area
| ||
|
Specialty retail
|
N/A
|
40.7
| ||
|
Discount store
|
N/A
|
70.1
| ||
|
Shopping center
| ||||
|
Under 59,000 sq. ft. leasable area
|
N/A
|
117.9
| ||
|
50,000-99,000 sq. ft. leasable area
|
82.0
| |||
|
100,000-199,000 sq. ft. leasable area
|
N/A
|
66.7
| ||
|
200,000-299,000 sq. ft. leasable area
|
N/A
|
50.6
| ||
|
300,000-399,000 sq. ft. leasable area
|
N/A
|
41.9
| ||
|
400,000-499,000 sq. ft. leasable area
|
N/A
|
49.7
| ||
|
500,000-599,000 sq. ft. leasable area
|
N/A
|
37.2
| ||
|
1,000,000-1,249,000 sq. ft. leasable area
|
N/A
|
37.1
| ||
|
1,250,000 sq. ft. leasable area
|
N/A
|
34.1
| ||
|
Trips per Indicated Measure
| ||||
|---|---|---|---|---|
|
Schools
|
Employee
|
Student
| ||
|
Elementary
|
13.1
|
1.0
| ||
|
High school
|
16.3
|
1.4
| ||
|
Junior/community college
|
N/A
|
1.5
| ||
|
NOTES:
| ||||||||
|
N/A = Information not available
| ||||||||
|
For unique uses not listed, the applicant shall
request determination by the City staff of what trip generation standard
to follow.
| ||||||||
C.
Sewer and water impact.
(1)
Purpose and scope sewer impact evaluation.
(a)
The purpose of the sewer impact evaluation is
to ensure that all elements of the sewerage system servicing the proposed
development have sufficient capacity to service the additional effluent
generated by the development. All applicants that will require sewer
services shall submit with their preliminary application information
estimating the effluent generated by their project and the capacity
of each element of the system.
(b)
The capacity analysis shall include information
documenting the capacities for each of the following elements, as
furnished and verified by the appropriate jurisdiction responsible
for the element:
[1]
Capacity of the sewer pipe or conduit for the
entire network between the property or development site, and the treatment
plant;
[2]
Capacity of the spray fields, including pipe
capacity to the field;
[3]
Storage capacity of the lagoons, or effluent
holding ponds; and
[4]
Capacity of the treatment plant.
(2)
Method of calculating capacities. For each element
in the system, the available capacity will be computed according to
the following formula:
|
Q = Y - (X + Z)
| |
|
Where
| |
|
Q = Available capacity of the element
| |
|
Y = Design capacity of the element, or capacities
authorized by the appropriate jurisdiction
| |
|
X = Current usage, measured as average flows
| |
|
Z = Approved usage per building permits issued
or final development approved, but not yet built or in usage. Does
not include preliminary development approvals
|
(3)
Data for determining sewer flow demand. The data summarized
in Tables B and C, or alternate factors documented by the applicant
and acceptable to the Planning Commission, shall be utilized by the
applicant in projecting additional sewerage generated by the development:
|
TABLE B
| |||||
|---|---|---|---|---|---|
|
Residential Water and Sewer Demand by
Type
and Size of Housing Unit
| |||||
|
Housing Type/Size
|
Number of Residents
|
Residential Water Demand*
(daily)
|
Sewer Flow**
(daily)
|
Peak Sewer Flow***
(daily)
| |
|
Single-Family Detached
| |||||
|
2-bedroom
|
2.13
|
215
|
160
|
640
| |
|
3-bedroom
|
3.21
|
320
|
240
|
960
| |
|
4-bedroom
|
3.93
|
395
|
295
|
1,180
| |
|
5-bedroom
|
4.73
|
475
|
355
|
1,420
| |
|
Garden Apartment
| |||||
|
1-bedroom
|
1.57
|
120
|
120
|
480
| |
|
2-bedroom
|
2.33
|
175
|
175
|
700
| |
|
3-bedroom
|
3.56
|
270
|
270
|
1,080
| |
|
Townhouse
| |||||
|
1-bedroom
|
1.69
|
125
|
125
|
500
| |
|
2-bedroom
|
2.02
|
150
|
150
|
600
| |
|
3-bedroom
|
2.83
|
210
|
210
|
840
| |
|
4-bedroom
|
3.67
|
275
|
275
|
1,100
| |
|
High-Rise
| |||||
|
Studio
|
1.07
|
80
|
80
|
320
| |
|
1-bedroom
|
1.34
|
100
|
100
|
400
| |
|
2-bedroom
|
2.14
|
160
|
160
|
640
| |
|
Mobile Home
| |||||
|
1-bedroom
|
1.73
|
130
|
130
|
500
| |
|
2-bedroom
|
2.01
|
150
|
150
|
600
| |
|
3-bedroom
|
3.47
|
260
|
260
|
1,040
| |
|
NOTES:
| ||||||
|
*Based on 100 gallons per day (gpd) per resident
for single-family, 75 gpd for other units (rounded).
| ||||||
|
**Based on 75 gpd per resident for all units
(rounded).
| ||||||
|
***Based on four times daily sewer flow (rounded).
| ||||||
|
Source (population): U.S. Census Public Use
File (units built 1975-1980 and monitored by 1980 Census.)
| ||||||
|
TABLE C
| ||||
|---|---|---|---|---|
|
NONRESIDENTIAL WATER DEMAND
| ||||
|
Nonresidential Use Expected Water Consumption
| ||||
|
Commercial Institutional
|
Parameter
|
Gallons/Day Per Parameter
|
Peak Hour
| |
|
Office building
|
Square foot
|
0.093
|
0.521
| |
|
Medical office
|
Square foot
|
0.618
|
4.970
| |
|
Retail
|
Square foot
|
0.106
|
0.271
| |
|
Hotel
|
Square foot
|
0.256
|
0.433
| |
|
Motel
|
Square foot
|
0.224
|
1.550
| |
|
Restaurant
|
Seat
|
24.200
|
167.000
| |
|
Drive-in restaurant
|
Car stall
|
100.000
|
547.000
| |
|
School, elementary
|
Student
|
3.830
|
37.400
| |
|
School, high
|
Student
|
8.020
|
79.900
| |
|
Service station
|
Inside sq. ft.
|
0.251
|
4.890
| |
|
Theater
|
Seat
|
3.530
|
3.330
| |
|
Source: Michael Greenberg, et al., "A Primer
on Industrial Environmental Impact" (New Brunswick, N.J.: Center for
Urban Policy Research, 1979).
| ||||
(4)
Sewer impact standard. The available capacity for
all elements of the sewer system shall be sufficient to service the
projected demand of the proposed development. If insufficient capacity
exists the project shall not be approved until mitigation measures
are established and approved by the Planning Board which will increase
the system's capacity.
(5)
Documentation to be submitted by the applicant. All
projects that will require sewer services shall submit with their
preliminary application a sewer impact evaluation analysis containing
the capacity and demand data, description of plans to tie into existing
sewer facilities, including the status of efforts to have such tie-ins
approved by the City. If insufficient capacities exist, the report
shall discuss what mitigation measures will be implemented to increase
the capacities to meet anticipated demands.
(6)
Potable water impact evaluation purpose and scope.
(a)
The purpose of the potable water impact evaluation
is to ensure that all elements of the potable water supply system
servicing the proposed development have sufficient capacity to furnish
the additional water that will be required by the development. All
applicants that will require potable water shall submit with their
application information estimating water usage required by the development
as well as the capacity of each element of the water supply system.
(b)
The capacity analysis shall include information
documenting the capacities for each of the following elements, as
furnished and verified by the appropriate jurisdiction responsible
for the element:
(7)
Method of calculating capacities.
(a)
Capacity of the water pipe and storage capacity shall be determined by the same formula used for calculating sewer capacities, per § 30-46C(2).
(b)
The resource capacity of the aquifer and status
of saltwater intrusion shall be subject to approval and determination
by the New Jersey Department of Environmental Protection.
(8)
Data for determining potable water demand. The data
summarized in Tables B and C, or alternate factors documented by the
applicant and acceptable to the Planning Board, shall be utilized
by the applicant in projecting potable water demand.
(9)
Potable water impact standard. The available capacity
of all elements of the water system shall be sufficient to service
the projected demand of the proposed development. If insufficient
capacity exists the project shall not be approved until mitigation
measures are established and approved by the Planning Board which
will increase the systems capacity.
(10)
Documentation to be submitted by the applicant. All
projects that will require potable water shall submit with their application
a water impact evaluation analysis containing the capacity and demand
data and analysis of any issues related to groundwater protection.
The report shall discuss, as necessary, what mitigation measures will
be implemented to increase capacities or resolve other water quality
issues.
D.
Public services and schools.
(1)
Public services impact evaluation purpose and scope.
(a)
The purpose of the public services impact evaluation
is to enable the City to anticipate the need for additional public
services that will be required by new development and prepare or coordinate
for any increased service requirements.
(b)
All applicants proposing development involving
25 dwelling units or more, or nonresidential development (commercial,
industrial, institutional or recreational uses) that involves a building
or buildings with 50,000 square feet of space or greater, shall submit
with their preliminary application information indicating the public
services that will be required by their development, including police,
fire protection, health, administrative, or other services. An estimate
of revenues to the City generated by the development shall be included.
[Amended 10-17-2006 by Ord. No. 33-2006]
(3)
Documentation to be submitted by the applicant. Applicants proposing development at the magnitude, defined in § 30-46A(1) shall submit with their preliminary application the following:
(a)
Estimated population and/or number of employees
added by the project;
(b)
Description of public services that will be
required;
(c)
Description, if applicable, of services that
will be provided through private auspices; and
(d)
Estimated annual revenues and costs to be generated
to the City based upon current tax programs and tax rates.
(4)
Schools impact evaluation purpose and scope.
(a)
The purpose of the schools impact evaluation
is to assess the impact of all residential development on the local
public schools and enable the long-range planning for school facilities,
operating programs and services that may be required as a result of
added school population.
(b)
All applicants proposing residential development
shall comply with the schools impact evaluation requirements.
(5)
Schools impact standards. Applicants are requested
to analyze the existing capacity of public school facilities to adequately
serve the distribution and number of school-aged children projected
from the new development. Applicants should utilize all available
data on existing school capacity furnished by the Millville Board
of Education as well as available information on proposed renovations,
expansions, or new construction by the Board of Education. If insufficient
classroom space exists to accommodate the project’s projected
added enrollment, the applicant shall make recommendations for mitigation
measures.
[Amended 10-17-2006 by Ord. No. 33-2006]
(6)
Documentation to be submitted by the applicant. Applicants
proposing residential development shall submit with their preliminary
application the following:
(a)
Estimate school-age and preschool-age children
likely to reside in the housing. A substantiated estimate of the percentage
of the school-age population likely to attend private schools may
be included. Applicants must use the most recent edition of the Urban
Land Institute/Center for Urban Policy Research (Rutgers) multiplier
tables in order to project the number and distribution of school-age
and preschool-age children.
[Amended 10-17-2006 by Ord. No. 33-2006]
(b)
The development's location in relation to existing
busing routes.
(c)
The current available school capacities.
E.
Environmental impact. Environmental impact statements
shall include the information contained within this subsection.
[Added 3-7-2006 by Ord. No. 8-2006]
(1)
Submission of an environmental impact statement shall
be made in accordance with the following requirements:
(a)
All agricultural operations conducted in accordance
with a plan approved by the soil conservation district and all forestry
management operations conducted in accordance with a plan prepared
by a professional forester shall be exempt from the submission of
an environmental impact statement.
(b)
Any variance application to the Zoning Board
of Adjustment not involving a site plan or subdivision application
shall not require an environmental impact statement unless specifically
requested by the Board. The Board may request an environmental impact
statement where there exist significant critical areas or suspected
environmental hazard on the site in question. The Zoning Board of
Adjustment or its designee shall inform the applicant regarding the
scope of the information that may be required.
(c)
Any minor subdivision and/or minor site plan
applications to the Planning Board or Zoning Board of Adjustment shall
not require an environmental impact statement unless specifically
requested by the Board. The Board may request an environmental impact
statement where there exist significant critical areas or suspected
environmental hazard on the site in question. The Board or its designee
shall inform the applicant regarding any information that may be required.
(d)
All general development plan submissions shall
be accompanied by an environmental impact statement.
(e)
All preliminary major subdivision and preliminary
major site plan applications shall be accompanied by an environmental
impact statement when proposed development exceeds 50 housing units
or 100,000 square feet of nonresidential building.
(f)
Notwithstanding the categories of development
that are excluded from the requirement to submit an environmental
impact statement, the Board of Jurisdiction may require the submission
of information that otherwise would be included in the document that
is reasonably necessary in order to make an informed decision.
(2)
Submission format. When an environmental impact statement
is required, the applicant shall retain one or more competent professionals
to perform the necessary work. All applicable material on file in
the Millville Engineering Department pertinent to local conditions
may be consulted. Any additional material pertinent to the evaluation
of regional impacts shall also be considered. Furthermore, as much
original research as necessary shall be conducted to develop the environmental
impact statement. All environmental impact statements shall consist
of written and graphic materials which clearly present the required
information addressing the following areas and utilizing the following
format:
(a)
Project description. A description of the proposed
project shall be presented to indicate the extent to which the site
must be altered, the kinds of facilities to be constructed, method
of construction and the uses intended.
(b)
Demographics. The resident population, working
population, and visitor population shall be estimated.
(c)
Master Plan compatibility. The compatibility
or incompatibility of the proposed project shall be described in relation
to the Millville Master Plan, the municipal master plan of an adjacent
municipality within 200 feet of the proposed project, and any relevant
portion of the Cumberland County Master Plan and the State Development
and Redevelopment Plan.
(d)
Soils. A description of each soil type located
on the site from the USDA National Resources Conservation Service
or county Soil Conservation Service. Limitations for development shall
be identified.
(e)
Topography. Describe the topographic conditions
of the site, with specific delineation of any lands with slopes exceeding
10%.
(f)
Geology. When septic effluent disposal or private
well is proposed, whether individual or community, a description of
the underlying geologic formations to a depth of the impact shall
be provided.
(g)
Vegetation. A description of the existing vegetation
on the site shall be provided using the categories in the Vegetative
Cover Map of the Conservation Plan Element of the Millville Master
Plan. A delineation of the tree line, where existing, shall be depicted.
Where woodlands are delineated, the forest type shall be indicated.
Any vegetation utilized by endangered or threatened species shall
be identified.
(h)
Wildlife. Where the Endangered and Threatened
Species Map of the Conservation Element indicated that a site contains
federal and/or state endangered or threatened species, a survey of
the land for such species and an assessment of critical habitat shall
be performed as part of the environmental impact statement. If critical
habitat is found, the applicant shall submit a habitat protection
plan by a qualified scientist indicating the means by which the proposed
development shall be designed to avoid degradation of the habitat
and/or mitigation measures to be undertaken.
(i)
Surface water. When the natural drainage pattern
will be significantly altered, an analysis shall be conducted which
will investigate flow, depth, capacity and water quality of the receiving
waters. Floodplains and wetlands shall be delineated and anticipated
transition buffers depicted.
(j)
Subsurface water. Where private or community
wells are proposed, a description of subsurface water conditions shall
be provided on the depth to groundwater and the water supply capabilities
of the site. Where existing conditions warrant, detailed information
regarding existing wells within 500 feet of the site relative to depth,
capacity and water quality shall be described.
(k)
Cultural resources. A Stage 1A cultural resources
survey shall be undertaken pursuant to the State of New Jersey Executive
Order No. 53, as it may be amended or superseded. A Stage 1B cultural
resource survey shall be conducted should the Stage 1A review provide
any indication of the presence of cultural resources.
(l)
Historic resources. The historic resources that
would be affected by the proposed development shall be discussed if
the site is included within the Historic Preservation Element of the
Master Plan as an identified site.
(m)
Existing development features. A description
of any existing improvements shall be provided.
(n)
Miscellaneous. When warranted, an analysis shall
be conducted of existing air quality and noise levels as prescribed
by the New Jersey Department of Environmental Protection.
(3)
Environmental performance controls. Describe in detail
the measures to be employed during the construction and operation
phases which will minimize or eliminate negative impacts on and off
site that could result from the proposed project. Of specific interest
if applicable are:
(4)
Impact assessment. The anticipated impact both positive
and negative shall be assessed by the preparer. Negative impacts that
are unavoidable shall be identified. The impact assessment shall address
the following, if applicable:
(a)
Flooding and floodplain impact.
(b)
Impact on surface water and groundwater quality.
(c)
Impact on the capacity to supply groundwater.
(d)
Sewage disposal impacts.
(e)
Alteration to existing vegetation and its impact
on wildlife and wildlife habitats.
(f)
Destruction or disturbance of cultural resources.
(g)
Noise level impacts, both during construction
and postoccupancy.
(h)
Energy utilization.
(i)
Blighting or improving effects on neighborhoods.
(j)
Alternatives. Alternatives to the arrangement
of the proposed development shall be discussed. The Board of Jurisdiction
shall reserve the right to require alternative arrangements of land,
buildings, and infrastructure to determine a design of lesser impact.
(k)
Licenses, permits and other approvals required
by law. The applicant shall list all known licenses, permits and other
forms of approval required by law for the construction and operation
of the proposed project. This list shall include, but not be limited
to, approvals required by the municipality, as well as agencies of
the county, state and federal governments. Where approvals have been
granted, copies of said approvals shall be attached. Where approvals
are pending, a note shall be made to that effect.
(l)
Documentation. All publications, file reports,
manuscripts or other written sources of information related to the
project, the project site and the municipality which were consulted
and employed in compilation of the environmental impact statement
shall be listed. A list of all agencies and individuals from whom
pertinent information was obtained orally or by written communication
shall be listed separately.
A.
Every application for development submitted to a municipal
agency shall be accompanied by proof that no taxes or assessments
for local improvements are due or delinquent on the property for which
any subdivision, site plan, or planned development application is
made.
B.
Every application for a variance from a zoning ordinance
submitted to a municipal agency shall be accompanied by proof that
no taxes or assessments for local improvements are due or delinquent
on the property which is the subject of the application for a variance
or conditional use permit.
A notice of hearing on an application for development
shall state the date, time and place of the hearing, the nature of
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 as shown on the current tax duplicate in
the Municipal Tax Assessor's office. It shall also include the location
and times at which any maps or documents for which approvals are sought
are available pursuant to N.J.S.A. 40:55D-10.
The notices required by this section shall be
given by the applicant at least 10 days prior to the date of the hearing
on the application for development.
A.
Public notice of a hearing on an application for development
shall be given for all requests for site plan approval and subdivision
approval from the municipal agency. Public notice shall be given by
publication in the official newspaper of the municipality.
B.
The notice of a hearing on an application for development,
requiring public notice as set forth above, shall be given by personal
service or certified mail to the owners of all real property as shown
on the current tax duplicates located within 200 feet in all directions
of the property which is the subject of the hearing as set forth in
N.J.S.A. 40:55D-12.
C.
Upon the written request of an applicant and within
seven days, the Tax Assessor of the City shall make and certify a
list from the current tax duplicates of the names and addresses of
owners to whom the applicant is required to give notice pursuant to
this section. The applicant shall be entitled to rely upon the information
contained in such list, and failure to give notice to any owner not
on the list shall not invalidate any hearing or proceeding.
D.
The notice of the hearing on the application for development
shall be given by personal service or certified mail to the Clerk
of a municipality where the property is located within 200 feet of
an adjoining municipality.
E.
The notice of the hearing on the application for development
shall be given by personal service or certified mail to the County
Planning Board where the property is 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 is located within 200
feet of a municipal boundary.
F.
The notice of the hearing on the application for development
shall be given by personal service or certified mail to the Commissioner
of Transportation where the property is adjacent to a state highway.
G.
The notice of the hearing on the application for development
shall be given by personal service or certified mail to the State
Planning Commission where the property exceeds 150 acres or the application
involves 500 dwelling units. The notice shall include a copy of any
maps or documents required to be on file with the Municipal Clerk
pursuant to N.J.S.A. 40:55D-10.
H.
The notice of the hearing on the application for approval
of a major subdivision or a major site plan shall be given by personal
service or certified mail to a public utility, cable television company
or local utility which possesses a right-of-way or easement within
the municipality and which is registered with the municipality as
required by the Municipal Land Use Law.
I.
The applicant shall file an affidavit of proof of
service with the municipal agency holding the hearing on the application
for development in the event that the applicant is required to give
notice pursuant to this section.
Any notice made by certified mail pursuant to
this article shall be deemed complete upon mailing.
The hearings required by this article shall be held in accordance with the provisions of § 30-8 of this chapter and the administrative procedures adopted by the municipal agency holding the hearing.
Each application for subdivision approval, where
required by N.J.S.A. 40:27-6.3, and each application for site plan
approval, where required pursuant to N.J.S.A. 40:27-6.6, shall be
submitted by the applicant to the County Planning Board for review
or approval, and the municipal agency holding a hearing on such application
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
A.
The Planning Board shall grant or deny an application
for a conditional use within 95 days of submission of a complete application
by a developer to the administrative officer or within such further
time as may be consented to by the applicant.
B.
The review by the Planning Board of a conditional use shall include any required site plan review pursuant to Article VI of this chapter. The time period for action by the Planning Board on conditional uses pursuant to this section shall apply to the site plan review.
C.
Failure of the Planning Board to act within the period
prescribed shall constitute approval of the application, and a certificate
of the administrative officer as to the failure of the Planning Board
to act shall be issued on the request of the applicant.
A.
The Planning Board may waive notice and public hearing
on an application for development if the Planning Board or Site Plan
Subcommittee of the Board appointed by the Chairman finds that the
application for development conforms to the definition of a minor
site plan. Minor site plan approval shall be deemed to be final approval
of the site plan by the Planning Board, provided that the Board or
said Subcommittee may condition such approval on terms ensuring the
provision of improvements pursuant to the Municipal Land Use Law.
B.
Minor site plan approval shall be granted or denied
within 45 days of the date of submission of a complete application
to the administrative officer or within such further time as may be
consented to by the applicant. Failure of the Planning Board to act
within the period prescribed shall constitute minor site plan approval.
C.
Whenever review or approval of the application by
the County Planning Board is required, the Municipal Planning Board
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
D.
The zoning requirements and general terms and conditions
upon which minor site plan approval was granted, whether conditional
or otherwise, shall not be changed for a period of two years after
the date of minor site plan approval. 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 development because of delays in obtaining
legally required 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 the 91st day after the date on which the
developer received the last of the legally required approvals from
the other governmental entities, whichever occurs later.
A.
The Planning Board may waive notice of public hearing
on an application for development if the Planning Board or Subdivision
Subcommittee of the Board appointed by the Chairman finds that the
application for development conforms to the definition of a minor
subdivision pursuant to this chapter. Minor subdivision approval shall
be deemed to be final approval of the subdivision by the Planning
Board, provided that the Board or said Subcommittee may condition
such approval on terms ensuring the provision of improvements pursuant
to the Municipal Land Use Law.
B.
Minor subdivision approval shall be granted or denied
within 45 days of the date of submission of a complete application
to the administrative officer or within such further time as may be
consented to by the applicant. Failure of the Planning Board to act
within the period prescribed shall constitute minor subdivision approval
and a certificate of the administrative officer as to the failure
of the Planning Board to act shall be issued upon request of the applicant.
C.
Whenever review or approval of the application by
the County Planning Board is required, the Planning Board shall condition
any approval that it grants upon timely receipt of a favorable report
on the application by the County Planning Board or approval by the
County Planning Board by its failure to report thereon within the
required time period.
A.
Upon the submission to the administrative officer
of a completed application for a site plan which involves 10 acres
of land or less, and 10 dwelling units or less, the Planning Board
shall grant or deny preliminary approval within 45 days of the date
of such submission or within such further time as may be consented
to by the developer. Otherwise, the Planning Board shall be deemed
to have granted preliminary approval of the site plan.
B.
Upon the submission to the administrative officer
of a completed application for a site plan which involves more than
10 acres, or more than 10 dwelling units, the Planning Board shall
grant or deny preliminary approval within 95 days of the date of such
submission or within such further time as may be consented to by the
developer. Otherwise, the Planning Board shall be deemed to have granted
preliminary approval of the site plan.
C.
Upon the submission to the administrative officer
of a completed application for a subdivision of 10 or fewer lots,
the Planning Board shall grant or deny preliminary approval within
45 days of the date of such submission or within such further time
as may be consented to by the developer. Otherwise, the Planning Board
shall be deemed to have granted preliminary approval to the subdivision.
D.
Upon submission to the administrative officer of a
completed application for a subdivision of more than 10 lots, the
Planning Board shall grant or deny preliminary approval within 95
days of the date of such submission or within such further time as
may be consented to by the developer. Otherwise, the Planning Board
shall be deemed to have granted preliminary approval to the subdivision.
Preliminary approval of a major subdivision
or of a site plan shall confer upon the applicant the following rights
for a three-year period from the date on which the resolution of preliminary
approval is adopted:
A.
That the general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited
to, use requirements; layout and design standards for curbs, sidewalks
and streets; lot size; yard dimensions and off-tract improvements;
except that nothing herein shall be construed to prevent the City
from modifying by ordinance such general terms and conditions of preliminary
approval as relate to public health and safety.
B.
That the applicant may submit for final approval on
or before the expiration date of preliminary approval the whole or
a section of the preliminary subdivision plat or site plan, as the
case may be.
C.
That the applicant may apply for and the Planning
Board 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 shall govern.
D.
In the case of a subdivision of or site plan for an
area of 50 acres or more, the Planning Board may grant the rights
referred to above in this section for such period of time, longer
than three years, that shall be determined by the Planning Board to
be reasonable taking into consideration the factors set forth in N.J.S.A.
40:55D-49d.
A.
When acting upon applications for preliminary or minor
subdivision approval, the Planning Board shall have the power to grant
such exceptions from the requirements for subdivision approval as
may be reasonable and within the general purpose and intent of the
provisions for subdivision review and approval contained in this chapter
if the literal enforcement of one or more provisions of this chapter
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
B.
When acting upon applications for preliminary site
plan approval or minor site plan approval, the Planning Board shall
have the power to grant such exceptions from the requirements for
site plan approval as may be reasonable and within the general purpose
and intent of the provisions for site plan review and approval contained
in this chapter if the literal enforcement of one or more provisions
of this chapter is impracticable or will exact undue hardship because
of peculiar conditions pertaining to the land in question.
The Planning Board shall have the power to review
and approve or deny conditional uses or site plans simultaneously
with review for subdivision approval without the developer being required
to make further application to the Planning Board or the Planning
Board being required to hold further hearings. The longest time period
for action by the Planning Board shall apply, whether it be for conditional
use, site plan or subdivision approval. Whenever approval of a conditional
use is requested by the developer pursuant to this section, the notice
of the hearing on the plat shall include reference to the request
for such conditional use.
A.
The Planning Board shall grant final approval if the
detailed drawings, specifications and estimates of the application
for final approval conform to the standards established by this chapter
for final approval, the conditions of preliminary approval, and the
standards prescribed by the Map Filing Law in the case of a major
subdivision.
B.
In the case of a planned unit development, planned
unit residential development or residential cluster, the Planning
Board may permit minimal deviations from the conditions of preliminary
approval necessitated by a change of conditions beyond the control
of the developer since the date of preliminary approval without the
developer being required to submit another application for development
for preliminary approval.
C.
Final approval shall be granted or denied within 45
days after the submission of a complete application to the administrative
officer or within such further time as may be consented to by the
applicant. Failure of the Planning Board to act within the period
prescribed shall constitute final approval, and a certificate from
the administrative officer as to the failure of the Planning Board
to act shall be issued on the request of the applicant.
A.
The zoning requirements applicable to the preliminary
approval first granted and all other rights conferred upon the developer
pursuant to this chapter, whether conditionally or otherwise, shall
not be changed for a period of two years after the date on which the
resolution of final approval is adopted. However, in the case of a
major subdivision, the rights conferred by this section shall expire
if the plat has not been duly recorded within the time period provided
in N.J.S.A. 40:55D-54.
B.
If the developer has followed the standards prescribed
for final approval and has duly recorded the plat as required in the
case of a subdivision, the Planning Board may extend such period of
protection for extensions of one year but not to exceed three extensions.
The granting of final approval terminates the time period of preliminary
approval.
C.
In the case of a subdivision or site plan for a planned
development of 50 acres or more, conventional subdivision or site
plan for 150 acres of more or site plan for development of a nonresidential
floor area of 200,000 square feet or more, the Planning Board may
grant the rights referred to above of this section for such period
of time longer than two years as shall be determined by the Planning
Board to be reasonable taking into consideration the factors set forth
in N.J.S.A. 40:55D-52.
D.
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 approvals
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.
[Amended 4-19-2022 by Ord. No. 18-2022]
A.
Before recording final subdivision plats or recording
of minor subdivision deeds or as a condition of final site plan approval
or as a condition to the issuance of a zoning permit pursuant to N.J.S.A.
40:55D-65, the City Planning/Zoning Board may require and shall accept,
in accordance with the standards adopted herein, for the purpose of
assuring the installation and maintenance of certain on-tract improvements,
the following:
(1)
The developer shall furnish a performance guarantee
in favor of the municipality in an amount not to exceed 120% of the
cost of installation of only those improvements required by an approval
or developer's agreement, ordinance, or regulation to be dedicated
to a public entity, and that have not yet been installed, which cost
shall be determined by the Municipal Engineer, according to the method
of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.
S. A. 40:55D-53.4), for the following improvements as shown on the
approved plans or plat: streets, pavement, gutters, curbs, sidewalks,
streetlighting, street trees, surveyor's monuments, as shown on the
final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A.
46:23-9.9 et seq.; repealed by Section 2 of P.L. 2011, c. 217), or
N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8, water mains, sanitary
sewers, community septic systems, drainage structures, public improvements
of open space, and any grading necessitated by the preceding improvements.
The Municipal Engineer shall prepare an itemized cost estimate of
the improvements covered by the performance guarantee, which itemized
cost estimate shall be appended to each performance guarantee posted
by the obligor.
(2)
The developer shall furnish a performance guarantee
to include, within an approved phase or section of a development,
privately owned perimeter buffer landscaping, as required by local
ordinance or imposed as a condition of approval. At the developer's
option, a separate performance guarantee may be posted for the privately
owned perimeter buffer landscaping.
(3)
In the event that the developer shall seek 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 guarantee, referred to herein as a "temporary certificate of occupancy guarantee," in favor of the municipality in an 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 for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee, required pursuant to § 30-62A(1), which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Municipal Engineer. At no time may a municipality hold more than one guarantee or bond of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the Municipal Engineer upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.
(4)
Safety
and stabilization guarantee.
(a)
A developer shall furnish to the municipality a safety and stabilization
guarantee in favor of the municipality. At the developer's option,
a safety and stabilization guarantee may be furnished either as a
separate guarantee or as a line item of the performance guarantee.
A safety and stabilization guarantee shall be available to the municipality
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 municipality to the developer of the municipality's
intent to claim payment under the guarantee. The municipality shall
not provide 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 reasons other
than force majeure. The municipality shall provide written notice
to a developer by certified mail or other form of delivery providing
evidence of receipt.
(b)
The amount of a safety and stabilization guarantee for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000.
(c)
The amount of a safety and stabilization guarantee for a development
with bonded improvements exceeding $100,000 shall be calculated as
a percentage of the bonded improvement costs of the development or
phase of development as follows:
(d)
The municipality shall release a separate safety and stabilization
guarantee to a developer upon the developer's furnishing of a performance
guarantee which includes a line item for safety and stabilization
in the amount required under this subsection.
(e)
The municipality shall release a safety and stabilization guarantee
upon the Municipal Engineer's determination that the development of
the project site has reached a point that the improvements installed
are adequate to avoid any potential threat to public safety.
B.
The developer shall post with the municipality, prior to the release of a performance guarantee required pursuant to § 30-62A(1), (2), or both subsections and § 30-62B, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.
(1)
The
developer shall post with the municipality, upon the inspection and
issuance of final approval of the following private site improvements
by the Municipal Engineer, a maintenance guarantee in an amount not
to exceed 15% of the cost of the installation of the following private
site improvements: stormwater management basins, inflow and water
quality structures within the basins, and the outflow pipes and structures
of the stormwater management system, if any, which cost shall be determined
according to the method of calculation set forth in Section 15 of
P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
(2)
The
term of the maintenance guarantee shall be for a period not to exceed
two years and shall automatically expire at the end of the established
term.
C.
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 municipality for such
utilities or improvements.
(1)
The
time allowed for installation of the bonded improvements for which
the performance guarantee has been provided may be extended by the
governing body by resolution. As a condition or as part of any such
extension, the amount of any performance guarantee shall be increased
or reduced, as the case may be, to an amount not to exceed 120% of
the cost of the installation, which cost shall be determined by the
Municipal Engineer according to the method of calculation set forth
in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4), as of the
time of the passage of the resolution.
(2)
If
the required bonded improvements are not completed or corrected in
accordance with the performance guarantee, the obligor and surety,
if any, shall be liable thereon to the municipality for the reasonable
cost of the improvements not completed or corrected, and the municipality
may, either prior to or after the receipt of the proceeds thereof,
complete such improvements. Such completion or correction of improvements
shall be subject to the public bidding requirements of the Local Public
Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.).
(3)
Incomplete
or unsatisfactory improvements.
(a)
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the 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 § 30-62A(1), a list of all uncompleted or unsatisfactory completed bonded improvements. If such a request is made, the obligor shall send a copy of the request to the Municipal Engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon the Municipal Engineer shall inspect all bonded improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
(b)
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 bonded 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 bonded improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to § 30-62A(1).
(4)
Approval
or rejection by governing body.
(a)
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 bonded improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to § 30-62A(1). 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 obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the total performance guarantee and safety and stabilization guarantee posted may be retained to ensure completion and acceptability of all improvements. The safety and stabilization guarantee shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction.
(b)
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to § 30-62A(1), including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of all bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the municipality below 30%.
(c)
If the Municipal Engineer fails to send or provide the list and report as requested by the obligor pursuant to § 30-62C(3) within 45 days from receipt of the request, the obligor 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 attorney's fees, may be awarded to the prevailing party.
(d)
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 obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to§ 30-62A(1), and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(e)
In the event that the obligor has made a cash deposit with the municipality
or approving authority as part of the performance guarantee, then
any partial reduction granted in the performance guarantee pursuant
to this subsection shall be applied to the cash deposit in the same
proportion as the original cash deposit bears to the full amount of
the performance guarantee, provided that if the developer has furnished
a safety and stabilization guarantee, the municipality may retain
cash equal to the amount of the remaining safety and stabilization
guarantee.
(5)
If
any portion of the required bonded improvements is rejected, the approving
authority may require the obligor to complete or correct such improvements
and, upon completion or correction, the same procedure of notification,
as set forth in this subsection, shall be followed.
(6)
Nothing
herein, however, shall be construed to limit the right of the obligor
to contest by legal proceedings any determination of the governing
body or the Municipal Engineer.
(7)
In
the event that final approval is by stages or sections of development
pursuant to Subsection a of Section 29 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-38), the provisions of this section shall be applied by stage
or section.
(8)
To the extent that any of the improvements have been dedicated to the municipality on the subdivision plat or site plan, the municipal governing body shall be deemed, upon the release of any performance guarantee required pursuant to § 30-62A(1) of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Municipal Engineer.
(9)
If
the property or any part of same is sold or otherwise conveyed to
a successor developer prior to the completion and acceptance of all
improvements, an assignment of developer's agreement, and new performance,
maintenance and all other guarantees, shall be required from the new
owner or successor developer. Upon the transfer of ownership of property
that is the subject of a construction permit, and prior to beginning
or continuing work authorized by the construction permit, the new
owner or successor developer shall file with the Building Department
an application for a permit update to notify the Building Department
of the name and address of the new owner or successor developer and
of all other changes to information previously submitted to the Building
Department. The Building Department shall not approve the application
for a permit update until it receives notification from the governing
body or its designee that the new owner or successor developer has
furnished adequate replacement performance, maintenance or other guarantees
and assignment of developer's agreement.
The City shall not require that a maintenance
guarantee be in cash or that more than 10% of a performance guarantee
be in cash. However, a developer may provide at its option some or
all of a maintenance guarantee in cash or more than 10% of a performance
guarantee in cash. If cash guarantees are deposited with the City,
they shall be deposited and administered in accordance with the requirements
of N.J.S.A. 40:55D-53.1 of the Municipal Land Use Law.
A.
Final approval of a major subdivision shall expire
95 days from the date of signing of the plat unless within such period
the plat shall have been duly filed by the developer with the County
Recording Officer. The Planning Board may for good cause shown extend
the period for recording for an additional period not to exceed 190
days from the date of the signing of the plat. The Planning Board
may extend these time periods if the developer proves to the reasonable
satisfaction of the Planning Board the factors set forth in N.J.S.A.
40:55D-54.
B.
A subdivision plat which has been approved by the
Planning Board must have the signature of the Chairman and Secretary
of the Planning Board appear on the instrument or a certificate must
be issued before the subdivision plat can be recorded by the County
Recording Officer. The signatures of the Chairman and Secretary of
the Planning Board shall not be affixed to the instrument until the
developer has posted the guarantees required by this article.
