[Adopted 1-5-1977 by Ord. No. 1976-25 (Ch.
114 of the 1975 Code)]
The Township Council hereby declares that the provisions set forth in this Part 3 are general provisions which apply to site plan and subdivision applications submitted pursuant to Parts 1 and 2 of this Chapter 178 of the Code of the Township of Maple Shade. The Township Council also declares that numerous provisions of N.J.S.A. 40:55D-1 et seq. apply to site plan and subdivision applications and are incorporated herein by reference thereto, and hereby declares that the subdivision and site plan review process shall be subject to said provisions, as well as other areas of relevant law.
Not later than seven days after submission of
the application for a site plan, minor or major subdivision, to the
Community Development Director, the applicant, where required pursuant
to N.J.S.A. 40:27-6.3, shall submit a copy of the application and
all supporting documentation to the Burlington County Planning Board
for review and approval. The applicant shall then promptly certify
to the Community Development Director that such submission has been
properly made.
[Amended 5-9-2019 by Ord.
No. 2019-03]
A.
Simultaneous
review. The reviewing board shall have the power to review and approve
or deny conditional uses, variances or site plans simultaneously with
review for subdivision approval without the developer being required
to make further application to the reviewing board or the reviewing
board being required to hold further hearings. The longest time period
for action by the reviewing board, whether it be for subdivision,
conditional use, variance or site plan approval, shall apply. Whenever
approval of a conditional use or variance is requested by the developer
pursuant to this subsection, notice of the hearing on the plat shall
include reference to the request for such conditional or variance
use.
B.
Waiver.
Requirement for approval. The reviewing board may waive site plan
approval requirements if the construction or alteration or change
of occupancy or use does not affect circulation, parking demands,
drainage, relationships of buildings to each other, landscaping, buffering,
lighting and other considerations of site plan review.
C.
Exception
to application of subdivision or site plan regulations.
(1)
Exceptions:
subdivisions. The reviewing board, when acting upon applications for
preliminary or minor subdivision approval, shall have the power to
grant such and within the general purpose and intent of the provisions
for subdivision review and approval of 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.
(2)
Exceptions:
site plans. The reviewing board, when acting upon application for
preliminary site plan approval, 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 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 Township Council hereby designates the Township
Clerk as the administrative officer for the purpose of issuing the
certificate of approval set forth in N.J.S.A. 40:55D-56.
[Amended 5-9-2019 by Ord.
No. 2019-07]
A.
Before the Chairman and Secretary of the Planning Board, the Board
of Adjustment, the Township Clerk and/or the appropriate administrative
authority shall affix their signatures to the final subdivision plats,
subdivision deeds, subdivision improvement plans, site plans (both
minor and major), or as a condition of a zoning permit or prior to
the owner's or developer's commencement of construction
of any improvements or infrastructure, the Township of Maple Shade
shall require and accept, in accordance with the standards as contained
herein and for the purpose of assuring the installation and maintenance
of any required certain on-tract or off-tract improvements, the furnishing
of the following guarantees, as appropriate. No plans will be signed
by the appropriate authority until and unless the required guarantees
have been approved by the Township's Attorney and Engineer.
B.
Scope of performance and maintenance bonds/guarantees.
(1)
All bonds and/or guarantees required under § 178-29 shall be required to cover the following improvements, to the fullest extent permitted by N.J.S.A. 40:55D-53, as amended by P.L. 2017, c.312, and as may be further amended from time to time:
(a)
The developer shall furnish a performance guarantee in favor
of the Township in an amount not to exceed 120% of the costs of installation
of all improvements to be dedicated to the Township and/or any other
public entity, as determined by the Township Engineer.
(b)
The developer's performance guarantee shall include any
privately owned and/or on-site perimeter buffer landscaping.
(c)
If a temporary certificate of occupancy is sought by the developer
for a development, unit, lot, building, or phase of the development
project, the developer shall be required to furnish a separate guarantee
in favor of the Township, in an amount equal to 120% of the cost of
remaining improvements to be completed under the temporary certificate
of occupancy, not covered by an existing performance guarantee.
(d)
The developer shall be required to furnish a safety and stabilization
guarantee, either as a separate guarantee or as a line item of a performance
guarantee, at the developer's option. The scope, amount, and
form of this guarantee shall be governed by N.J.S.A. 40:55D-53, as
amended by P.L. 2017, c.312, and as may be further amended from time
to time.
(f)
Upon inspection and issuance of final approval by the Township
Engineer, the developer shall be required to post a two-year maintenance
guarantee in an amount not to exceed 15% of the cost of installation
for the following private, on-site improvements: stormwater management
basins, in-flow and water quality structures within the basins, and
out-flow pipes and structures of the stormwater management system,
if any.
(g)
All methods of inspection, calculation, and release or reduction
of any bond and/or guarantee with respect to bonded improvements required
in this section shall be undertaken in accordance with the terms of
N.J.S.A. 40:55D-53, as amended by P.L. 2017, c.312, and as may be
further amended from time to time. All other improvements for which
a bond and/or guarantee is not required shall otherwise be governed
by the Township Code.
[Amended 7-6-1977 by Ord. No. 1977-12; 11-7-1984 by Ord. No.
1984-18; 4-18-1990 by Ord. No. 1990-4; 5-2-1990 by Ord. No. 1990-5]
Applications fees shall be paid and professional plan review and inspection services funds shall be established pursuant to regulations set forth in § 88-10 of the Code of the Township of Maple Shade.
[Added 12-16-1978 by Ord. No. 1978-9]
A.
Generally.
(1)
The Planning Board shall require as a condition of
final subdivision or site plan approval that the developer pay his
or her pro rata share of the costs of providing only reasonable and
necessary street improvements and water, sewerage and drainage facilities
and easements therefor located outside the property limits of the
development but necessitated and required by construction or improvements
within such development. For purposes of this section, the word "developer"
shall mean the legal or beneficial owner or owners of a lot or of
any land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or the person having
an enforceable proprietary interest in such lands.
(2)
The developer shall either install the improvements
or contribute his or her pro rata share of the costs, at the option
of the developer. If the developer installs the improvements, he or
she shall be compensated for all but his or her pro rata share of
the costs of said improvements. The developer shall pay the full costs
of all off-tract improvements required by the Planning Board as such
off-tract improvements are wholly necessitated by the proposed development
and said improvements do not benefit any land other than the land
within the subdivision or site plan. The developer shall provide for
payment of its pro rata share allocated in conformance with the standards
set forth in this section of all off-tract improvements required by
the Planning Board if such improvements are wholly or partially necessitated
by the proposed development and said improvements benefit lands other
than those within the subdivision or site plan.
B.
Determination of share. The Planning Board shall determine
the reasonableness of and necessity for such improvements and shall
also determine such pro rata share as follows:
(1)
The total cost thereof shall be estimated by the Planning
Board Engineer.
(2)
The Planning Board shall next consider the circulation
plan and utilities service plan elements of the Master Plan and shall
ascertain:
(3)
The Planning Board shall determine said pro rata share
by establishing a ratio between the benefit accruing to the proposed
subdivision or site plan and the total benefit accruing by reason
of the improvements and/or the facilities and applying it to the total
costs.
(4)
The final cost of the completed improvements and/or
facilities shall be ascertained by the Planning Board Engineer, who
shall advise the Planning Board and the developer of the final costs.
The estimated pro rata share shall be modified by the actual final
cost and appropriate adjustments made.
(5)
The standards established to determine such pro rata
share shall not be altered subsequent to preliminary approval to apply
to such division or site plan.
(6)
In determining the allocation for costs of all off-tract
improvements, the Planning Board shall be guided by the following
factors:
(a)
The total estimated cost of off-tract improvements.
(b)
The increase in market values of the properties
affected and any other benefits conferred.
(c)
The need created by the application.
(d)
Population and land use projections for the
land within the general area of the subdivision or site plan and other
areas to be served by the off-tract improvements.
(e)
The estimated time for construction of the off-tract
improvements.
(f)
The condition and periods of usefulness of the
improvements which may be based upon the criteria of N.J.S.A. 40A:2-22.
(7)
Consideration of such other factors as the Planning
Board, may deem relevant to the needs created by the proposed development,
said factors to be set forth in a resolution to be adopted by the
Planning Board.
C.
Payment of share. Payment shall be made by a deposit
of cash or a third-party surety bond in lieu thereof, and the developer
shall agree to make additional payment upon determination of the actual
cost, if there is any. Such payment shall be made within 30 days of
the determination by the Planning Board of the pro rata share. The
developer and the Planning Board may enter into an agreement providing
for payment of the full cost of the required off-tract improvements
by the developer, with a provision for future reimbursement for an
agreed time as the improvement shall be utilized by others. Where
a developer pays the amount determined as his or her pro rata share
on a protest, he or she shall institute legal action within the appropriate
time limits.
D.
Planning Board action. The Planning Board shall act
within the applicable period for approval of the application by the
Planning Board.
[Amended 9-5-1984 by Ord. No. 1984-11 [1]]
Any person who commences construction with respect
to a site plan or a subdivision without Planning Board approval or,
once said approval has been granted, commences construction in violation
of the conditions of said approval shall, upon conviction, be subject
to a fine not exceeding $1,000, a term of imprisonment not exceeding
90 days or a period of community service not exceeding 90 days, or
any combination thereof; and the Municipal Court shall have jurisdiction
with respect to a complaint issued and filed by any person with respect
to said violation. Each day that the violation occurs shall be deemed
to be a separate violation.
