A.
Administrative officer receiving applications for development. The administrative officer, as defined in § 300-98, shall examine all applications under his or her jurisdiction and shall approve all required inspections to ensure compliance with this chapter.
B.
Review of subdivisions, site plans and soil removal
applications.
(1)
Subdivisions: Any owner of land lying within the Borough
shall, prior to subdividing or resubdividing of land as defined in
this chapter, and before conveying legal or equitable title to such
subdivision or any part thereof, apply to the Planning Board for review
and approval of the subdivision plat pursuant to the provisions of
this chapter.
(2)
Site plan: Prior to the issuance of any construction
permit or certificate of occupancy, as the case may be, for any new
structure, or addition to an existing structure a site plan shall
be submitted to the Planning Board, or to the Board of Adjustment
as provided by statute, for its review and approval.
(3)
Soil removal: Prior to the issuance of any construction
permit or certificate of occupancy, as the case may be, for any new
structure, or addition to an existing structure a soil removal application
shall be submitted to the Borough Engineer for review and approval.
The Borough Engineer is also responsible for the inspection of all
walls that are four feet in height or greater.
C.
Enforcement. The rules, regulations and standards
contained in this chapter shall be considered the minimum requirements
for the protection of the public health, safety and welfare of the
citizens of the Borough. Any action taken by the Borough under the
terms of this chapter shall give primary consideration to the purposes
and provisions of this chapter and to the welfare of the entire community.
Moreover, if an applicant or his agent can clearly demonstrate that,
because of the peculiar conditions pertaining to his land, the literal
enforcement of one or more of these regulations is impractical or
will exact undue hardship, the appropriate municipal agency may permit
such exceptions or exceptions as may be reasonable and within the
general purpose and intent of the rules, regulations and standards
established by this chapter.
D.
Building destruction (knockdown). Where more than
50% of structural floor space of a building or structure is removed
and/or destroyed, as determined by the Borough Engineer, any redevelopment
of the building or structure shall be classified as new construction
and the land shall be considered vacant for the purposes of this chapter,
and such building or structure shall be required to meet all of the
regulations contained herein.
A.
It shall be the duty of the Zoning Officer to administer
and enforce the provisions of this chapter and, in so doing, to inspect
periodically the structures and land in the Borough, to investigate
violations of the chapter coming to his attention, to serve notice
upon property owners to abate any condition found to exist in violation
of any provision(s) of this chapter, to sign complaints where justified
and to cooperate with other Borough officials in the prosecution of
violators. The enumeration herein of the duties of the Construction
Code Officer and Zoning Officer shall not mean that other officials
and employees shall be relieved of their obligation to enforce this
chapter. The Construction Code Enforcement Official, Zoning Officer,
Borough Engineer, or other Borough employees authorized by the Borough
shall have the right to inspect any lot or building at reasonable
times for the purpose of investigating possible violations of this
chapter.
B.
If the Zoning Officer finds any substantial deviation
from any approved plans, he shall notify the permittee and the Borough
Clerk in writing of the deviation. The Zoning Officer and the Borough
may take such action as is provided in this chapter.
No construction permit and no certificate of
occupancy shall be issued by the Zoning Officer except upon application
therefor in conformity with all the provisions of this chapter. No
sign erection permit shall be issued by the Zoning Officer except
upon application therefor in conformity with the terms of this chapter.
A.
Stop orders. In the event that a permittee shall fail
to comply with any condition or regulation or provisions of an approved
plan, the Borough Engineer, Zoning Officer, and/or Construction Official
may issue a stop order on all construction work within the area encompassed
by the approved plan and which order may include requirements for
the prompt correction of adverse conditions. Thereafter, no construction
work of any type shall be performed within the area of the approved
plan except such work as is in accordance with the requirements of
the Borough official as set forth in said order or in accordance with
the approved plan.
B.
Permit revocation. In the event of a failure to comply
with any condition of an approved soil erosion and sediment control
plan or tree removal plan, upon recommendation of the Borough Engineer,
Construction Official, or Zoning Officer, the Borough may revoke any
construction permit for any property upon which such noncompliance
occurs or for any property affected by such noncompliance. The Borough
may also seek to enjoin the violation, or take such other steps as
permitted by law.
C.
Revocation of construction permit or certificate of
occupancy. In the event of a failure to comply with any condition
of final site plan approval, the Zoning Officer, Borough Engineer,
or Construction Official on his or her initiative may revoke the construction
permit or certificate of occupancy, as the case may be, and seek to
enjoin the violation, or such other steps as permitted by law.
[Added 5-15-2018 by Ord.
No. 1739]
Prior to issuance of a certificate of occupancy or certificate
of approval, when required by the Borough Engineer, an applicant shall
cause to be prepared, signed and sealed by a licensed land surveyor
of the State of New Jersey plans showing the location, as-built, of
all improvements required by the Borough Engineer pursuant to a permit
application. When necessary to assure compliance with development
or permit approvals, the Borough Engineer may require as-built plans
for improvements including, but not limited to, new construction,
additions, garages, site improvements, accessory structures, sheds,
outdoor fire pits, outdoor kitchens, pools, patios and decks. The
Borough Engineer shall review the as-built plan and, if it meets the
applicable requirements, shall certify to the Construction Official
that the as-built plan is approved. The Construction Official shall
not issue a certificate of occupancy or certificate of approval until
the as-built plan has been approved by the Borough Engineer.
A.
Any person who violates any of the provisions of this chapter or
who fails to comply with any of the requirement thereof or who erects,
raises, moves, extends, enlarges, alters or demolishes any structure
in violation of any detailed statement or plan submitted hereunder,
or who puts into use any lot or premises in violation of any detailed
statement or plans submitted hereunder or who refuses reasonable opportunity
to inspect any premises, or who violates the provisions of an approved
plan or approval, or the conditions associated therewith, shall, upon
conviction thereof by any court authorized by law to hear and determine
the matter, be liable to a fine of not more than $1,000, or to imprisonment
for a term of not more than 90 days, or both, as such court in its
discretion may impose. Each day during or on which a violation occurs
or continues shall be deemed a separate offense.
[Amended 3-15-2016 by Ord. No. 1657]
B.
If before final subdivision approval any person as
owner or agent transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
for which municipal approval is required, such persons shall be subject
to a penalty not to exceed $1,000 and each lot disposition so made
may be deemed a separate violation.
C.
In addition, the Borough may institute and maintain
a civil action:
(1)
For injunctive relief;
(2)
To set aside and invalidate any conveyance made pursuant
to such a contract of sale if a certificate of compliance has not
been issued in accordance with N.J.S.A. 40:55D-56, but only if the
municipality has a Planning Board and has adopted, by ordinance, standards
and procedures in accordance with N.J.S.A. 40:55D-38.
D.
In any such action, the transferee, purchaser or grantee
shall be entitled to a lien upon the portion of the land from which
the subdivision was made that remains in the possession of the developer
or his assigns or successors, to secure the return of any deposits
made or purchase price paid and, also, a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years if
unrecorded.
[Amended 8-19-2008 by Ord. No. 1414]
A.
Fees for applications to the Planning Board shall be as follows:
[Amended 3-19-2019 by Ord. No. 1771]
(1)
Major subdivision: $250.
(2)
Minor subdivision: $250.
(3)
Major site plan: $250.
(4)
Bulk variances under N.J.S.A. 40:55D-70c: $250.
(5)
Conditional use application: $250.
(6)
Soil moving permits: in accordance with the fee schedule set forth in Chapter 404, Soil Removal.
(7)
Site plan waivers: $50 for each meeting before the Site Plan Review
Committee.
(8)
All other applications: $350.
B.
Fees for applications to the Zoning Board of Adjustment
shall be as follows:
(1)
Appeal from Zoning Officer's decision under N.J.S.A.
40:55D-70a: $200.
(2)
Interpretation of Zoning Map or Ordinance under N.J.S.A.
40:55D-70b: $200.
(3)
Bulk variances under N.J.S.A. 40:55D-70c: $200.
(4)
Use variances under N.J.S.A. 40:55D-70d: $400.
(5)
Appeals under N.J.S.A. 40:55D-34, 35 through 40:55D-36:
$200.
(6)
Conditional use variance: $250.
(7)
Soil moving permits: in accordance with the fee schedule set forth in Chapter 404, Soil Removal.
(8)
All other applications: $350.
Applicants shall be responsible to reimburse
the Borough for payments made to professionals for services rendered
to the Borough related to any application, appeal or other matter.
The following provisions shall apply to such payments:
A.
The Borough's Chief Financial Officer (CFO) shall
make all of the payments to professionals for services rendered to
the Borough or the approving authority for review of applications
for development, review and preparation of documents, inspection of
improvements or other purposes under the provisions of P.L. 1975,
c. 291. Such fees or charges shall be based upon a schedule established
by resolution. The application review and inspection charges shall
be limited to professional charges for review of applications, review
and preparation of documents and inspections of developments under
construction and review by outside consultants when an application
is of a nature beyond the scope of the expertise of the professionals
normally utilized by the Borough. The only costs that shall be added
to any such charges shall be actual out-of-pocket expenses of any
such professionals or consultants including normal and typical expenses
incurred in processing applications and inspecting improvements. As
provided in 40:55D-53.2, no administrative or other related expenses
shall be billed under these provisions. Where the salary, staff support
and overhead for a Borough professional are provided by the Borough,
the charge shall not exceed that which is provided in 40:55D-53.2.
B.
Where the Borough requires a deposit toward anticipated
municipal expenses for these professional services, the deposit shall
be placed in an escrow account pursuant to N.J.S.A. 40:55D-53.1. The
amount of the deposit required shall be reasonable in regard to the
scale and complexity of the development. The amount of the initial
deposit for review services shall be established by ordinance, and
shall be calculated pursuant to N.J.S.A. 40:55D-53.2. The amount of
the initial deposit for inspection fees shall be established in accordance
with N.J.S.A. 40:55D-53.
C.
Each payment charged to the deposit for review of
applications, review and preparation of documents and inspection of
improvements shall be pursuant to a voucher from the professional,
which voucher shall identify the personnel performing the service,
and for each date the services performed, the hours spent to one-quarter
increments, the hourly rate and the expenses incurred. All professionals
shall submit vouchers to the CFO, and a copy to the applicant. The
CFO shall prepare and send to the applicant a statement which shall
include an accounting of funds, as provided in N.J.S.A. 40:55D-53.2c.
D.
If an escrow account or deposit has insufficient funds
to enable required application reviews or improvement inspections,
the CFO shall provide the applicant with a notice of the insufficient
balance. In order for the work to continue on the development or the
application, the applicant shall post a deposit to the account in
an amount to be agreed upon by the Borough or approving authority
and the applicant. In the interim, any required health and safety
inspections shall be made and charged back against replenishment of
funds.
E.
The following closeout procedure shall apply to all
deposits and escrow accounts established under the provisions of P.L.
1975, c. 291 and shall commence after the approving authority has
granted final approval and signed the subdivision plan or site plan,
in the case of application review escrows and deposits, or after the
improvements have been approved as provided in N.J.S.A. 40:55D-53
in the case of improvement inspection escrows and deposits. The applicant
shall send written notice by certified mail to the CFO and the approving
authority, and to the relevant professional, that the application
or the improvements, as the case may be, are completed. After receipt
of such notice, the professional shall render a final bill to the
CFO within thirty days, and shall send a copy simultaneously to the
applicant. The CFO shall render a written final accounting to the
applicant on the uses to which the deposit was put within 45 days
of receipt of the final bill. Any remaining balance, including interest
as provided in N.J.S.A. 40:55D-53.1 shall be refunded to the developer
along with the final accounting.
F.
All professional charges for review of an application
for development for review and preparation of documents or inspection
of improvements shall be reasonable and necessary, given the status
and progress of the application or construction. Review fees shall
be charged only in connection with an application for development
presently pending before the approving authority or upon review of
compliance with conditions of approval, or review of requests for
modification or amendment made by the applicant. A professional shall
not review items which are subject to approval by any state governmental
agency and not under Borough jurisdiction except to the extent consultation
with a state agency is necessary due to the effect of state approvals
in the subdivision or site plan. Inspection fees shall be charged
only for actual work shown on a plan or required by an approving resolution.
Professionals inspecting improvements under construction shall charge
only for inspections that are reasonably necessary to check the progress
and quality of the work, and such inspections shall be reasonably
based on the approved development plans and documents.
G.
An applicant shall notify in writing the governing
body with copies to the CFO, the approving authority and the professional
whenever the applicant disputes the charges made by a professional
for service rendered to the municipality in reviewing applications
for development, review and preparation of documents, inspection of
improvements, or other charges made pursuant to the provisions of
P.L. 1975, c. 291. The governing body, or its designee, shall within
a reasonable time period attempt to mediate any disputed charges.
If the matter is not resolved to the satisfaction of the applicant,
the applicant may appeal to the County Construction Board of Appeals.
The appeals process shall be as set forth in N.J.S.A. 40:55D-53.2a.
[Added 8-19-2008 by Ord. No. 1414; amended 5-18-2010 by Ord. No.
1479; 3-19-2013 by Ord. No. 1562]
There is hereby established the following schedule of initial
deposits required to be paid by each applicant for development toward
reasonably anticipated Borough expenses for professional services
and costs.
A.
Escrow deposits for legal, engineering, planning, and Tree Specialist
fees for applications before the Planning Board or Zoning Board of
Adjustment, where applicable, shall be as follows:
[Amended 3-19-2019 by Ord. No. 1771]
(1)
Major subdivision: $10,000.
(2)
Minor subdivision: $5,000.
(3)
Major site plan: $10,000.
(4)
Bulk variances under N.J.S.A. 40:55D-70c: $2,000.
(5)
Conditional use application: $2,500.
(6)
Hold-harmless agreement: $1,500.
(7)
Amended application: $1,250.
(8)
Site plan waiver requests before Site Plan Waiver Committee:
$500; informal meetings or site plan waiver requests before the full
Planning Board: $500.
(9)
All other applications: $1,500 or as may be determined by the
Planning Board.
(10)
Scheduling of a special meeting: $2,000.
B.
Escrow deposits for legal, engineering, planning, and Tree Specialist
fees for applications before the Zoning Board of Adjustment or Planning
Board, where applicable, shall be as follows:
(1)
Appeal from Zoning Officer's decision under N.J.S.A. 40:55D-70a:
$1,000.
(2)
Interpretation of Zoning Map or Ordinance under N.J.S.A. 40:55D-70b:
$1,000.
(3)
Bulk variances under N.J.S.A. 40:55D-70c: $1,500.
(4)
Use variances under N.J.S.A. 40:55D-70d: $2,500.
(5)
Appeals under N.J.S.A. 40:55D-34 through 40:55D-36: $1,000.
(6)
Conditional use variance: $2,500.
(7)
Preparation of hold-harmless agreement: $1,500.
[Amended 6-15-2021 by Ord. No. 1840]
(8)
All other applications: $1,500 or as may be determined by the
Zoning Board of Adjustment.
[Amended 6-15-2021 by Ord. No. 1840]
(9)
Scheduling of a special meeting: $2,000.
C.
The Planning Board and Zoning Board of Adjustment shall have the
authority to require an escrow deposit for legal, engineering, planning,
and Tree Specialist fees in an amount less than the amount set forth
in this section under exceptional circumstances upon written request
by the applicant. In addition, the Borough Administrator shall have
the authority to require an escrow deposit for legal, engineering,
planning, and Tree Specialist fees in an amount less than the amount
set forth in this section under exceptional circumstances upon written
request by the applicant.
[Amended 12-18-2018 by Ord. No. 1768]
D.
A minimum balance shall be maintained by the applicant in the escrow
account. Inspections shall not be conducted, reports prepared, certificates
or approvals issued or hearings conducted during any period of time
when the balance in an account is less than the minimum required.
It shall be the applicant's responsibility to monitor the account
and ensure that the minimum is always maintained. The amount of the
minimum balance shall be at least $1,000 for applications involving
one single-family home and $5,000 for subdivision and site plan applications.
A.
Before execution of the final subdivision plat, as
a condition of final site plan approval, or as a condition to the
granting of a development approval pursuant to N.J.S.A. 40:55D-1 et
seq., the applicant shall have installed all improvements required
by the Planning Board, except that the Borough Council may require
and shall accept, in accordance with the standards adopted herein
for the purpose of assuring the installation and maintenance of on-tract
improvements, the following:
(1)
The furnishing of a performance guarantee in favor
of the Borough in an amount not to exceed 120% of the cost of installation
for all improvements not installed prior to final approval.
(2)
A maximum of 10% of the total guarantee required shall
be in cash. All of the improvements shall be subject to inspection
and approval by the Borough Engineer who shall be notified by the
developer at least 48 hours prior to the start of the construction.
No underground installations shall be covered until inspected and
approved.
(3)
Provision for a maintenance guarantee to be posted
with the Borough Council for a period not to exceed two years after
final acceptance of the improvements, in an amount not to exceed 15%
of the cost of the improvement.
B.
The time allowed for installation of the improvements
for which the performance guarantee has been provided may be extended
by the Borough Council by resolution. As a condition or as part of
any such extension, the amount of any performance guarantee shall
be increased or reduced, as the case may be, to an amount not to exceed
120% of the cost of installation as determined as of the time of the
passage of the resolution.
C.
If the required improvements are not completed or
corrected in accordance with the performance guarantee, the obligor
and surety, if any, shall be liable thereon to the Borough for the
reasonable cost of the improvements not completed or corrected, and
the Borough may, either prior to or after the receipt of the proceeds
thereof, complete such improvements.
D.
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 Borough Council, in writing, by certified mail, that the Borough Engineer prepare, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection A of this section, a list of all uncompleted or unsatisfactorily completed improvements. A copy of the request shall be sent to the Borough Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Borough Engineer shall inspect all improvements covered by the request and shall file a written list and report with the Borough Council, with a copy to the obligor, not later than 45 days after the receipt of the obligor's request. The list prepared by the Borough Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory, or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report shall also identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection A of this section.
E.
The Borough Council, by resolution, shall either approve the improvements
determined to be complete and satisfactory by the Borough Engineer,
or reject any or all of these improvements, 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 Borough Engineer. This resolution shall
be adopted not later than 45 days after receipt of the list and report
prepared by the Borough Engineer. Upon adoption of the resolution
by the Borough Council, the obligor shall be released from all liability
pursuant to its performance guarantee, with respect to those approved
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 performance guarantee posted may be
retained to ensure completion and acceptability of all improvements.
In the event that the obligor has made a cash deposit with the Borough
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.
[Amended 7-21-2015 by Ord. No. 1635]
F.
If any portion of the required 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 section, shall be followed.
G.
Nothing herein, however, shall be construed to limit
the right of the obligor to contest by legal proceedings any determination
or lack of a determination of the Borough Council or the Borough Engineer.
H.
The obligor shall reimburse the Borough for all reasonable
inspection fees paid to the Borough Engineer for the foregoing inspection
of improvements, provided that the Borough may require of the developer
a deposit for the inspection fees in an amount not to exceed, except
for extraordinary circumstances, the greater of $500 or 5% of the
cost of improvements, which cost shall be determined pursuant to Section
15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4). For those developments
for which the reasonably anticipated fees are less than $10,000, fees
may, at the option of the developer, be paid in two installments.
The initial amount deposited by a developer shall be 50% of the reasonably
anticipated fees. When the balance on deposit drops to 10% of the
reasonably anticipated fees because the amount deposited by the developer
has been reduced by the amount paid to the Borough Engineer for inspection,
the developer shall deposit the remaining 50% of the anticipated inspection
fees. For those developments for which the reasonably anticipated
fees are $10,000 or greater, fees may, at the option of the developer,
be paid in four installments. The initial amount deposited by a developer
shall be 25% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid to the Borough Engineer for inspection, the developer shall make
additional deposits of 25% of the reasonably anticipated fees. The
Borough Engineer shall not perform any inspection if sufficient funds
to pay for those inspections are not on deposit.
I.
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.
J.
To the extent that any of the improvements have been dedicated to the Borough on the subdivision plat or site plan, the Borough Council shall be deemed, upon the release of any performance guarantee required pursuant to Subsection A 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 Borough Engineer.
K.
Building permits in a subdivision or site plan or
approved subsection thereof, except for model buildings in the first
subsection, will be issued only when all improvements, with the exception
of the following, shall have been installed to serve all lots and
structures within the subdivision or site plan, or approved subsection
thereof, and approved by the Borough Engineer:
L.
Permits for model buildings in the front subsection
or 10% of the total number to be built in said subsection, whichever
is less, not to exceed six, may be issued on commencement of construction
of improvements.
M.
Installation of sidewalks, where required on a lot,
shall be completed prior to the issuance of a certificate of occupancy
for that lot.
N.
Notwithstanding any provision of this chapter to the
contrary, upon completion of all improvements but prior to acceptance
by the Borough Council of such improvements and prior to the release
of any performance guarantee which may have been posted, deeds must
be received, free and clear of all mortgages and encumbrances, for
all fee and other property interests and improvements to be conveyed
to the Borough.
O.
A site plan bond shall be posted prior to earth disturbance.
P.
A cash performance bond may be posted to secure the installation
of such monuments as may be required by approvals for the development.
The applicant, when submitting said bond, shall provide the name,
address, telephone number and email address of a contact. The applicant,
upon installation of the monuments, shall submit a request for refund
or release of the bond to the Borough Engineer. Upon approval of the
work by the Borough Engineer, the bond shall be released. In the event
that, after a period of 24 months, a request for the release of the
bond has not been received by the Borough, the Borough shall provide
a notice to the applicant at the address provided advising the applicant
that the bond can be released upon satisfactory inspection confirming
installation of the monuments. In the event there is no response from
the applicant within 30 days after the Borough has mailed said notice,
the Borough shall transfer the cash bond to the Borough to be utilized
for repairs and/or paving of streets.
[Added 6-18-2019 by Ord.
No. 1789]
A.
Within 90 days of the adoption of a resolution granting
final subdivision approval and prior to the execution of the final
subdivision plat, there shall be executed and delivered to the Planning
Board/Zoning Board Attorney an agreement between the developer and
the Borough incorporating all of the terms and conditions of final
approval. The agreement shall be drawn by the Planning Board/Zoning
Board Attorney and shall be executed by the owner and developer of
the subdivision.
B.
In the event that all of the improvements have not
been installed within the time period set forth in the developer's
agreement, the developer may request, in writing, to the Borough Council,
a one-year extension of the time in which to complete all improvements.
No more than two such extensions will be considered unless the developer's
agreement shall be accompanied by an application fee of $300 to cover
the engineering and legal fees associated with the processing of the
application.
A.
Pursuant to the powers established in N.J.S.A. 40:55D-42,
the following standards are hereby promulgated with respect to determining
the proportionate or pro rata share of an applicant for a required
off-tract improvement. Prior to the granting of final approval of
a subdivision, the applicant shall have installed or made cash payments
in the manner provided for below with respect to the immediate or
ultimate installation of any required off-tract improvement.
(1)
Allocation of costs; criteria in determining allocation.
The allocation of costs for off-tract improvements as between the
applicant, other property owners and the Borough, or any one or more
of the foregoing, shall be determined by the Planning Board with the
assistance of the appropriate Borough agencies on the basis of the
total cost of the off-tract improvements, the increase in market values
of property affected and any other benefits conferred, the needs created
by the application, population and land use projections for the general
area of the applicant's property and other areas to be served by the
off-tract improvements, the estimated time of construction of the
off-tract improvements and the condition and periods of usefulness,
which periods may be based upon the criteria of N.J.S.A. 40A:22-2.
The following criteria may also be considered as well as any other
reasonable criteria which would aid in said determination:
(a)
Street, curb, gutter, sidewalk, shade trees,
streetlights, street signs and traffic light improvements may also
be based upon the anticipated increase of traffic generated by the
application and the anticipated benefit thereto.
(b)
Drainage facilities may also be based upon or
be determined by the drainage created by or affected by any particular
land use considering the percentage relationship between the acreage
of the application and the acreage of the total drainage basin; the
use of a particular site and the amount of area to be covered by impervious
surfaces on the site itself; and the use, condition or status of the
remaining area of the drainage basin.
(2)
Improvements to be constructed at the sole expense
of the applicant. In cases where reasonable and necessary need for
an off-tract improvement or improvements is necessitated or required
by the proposed development application and where no other property
owners receive a special benefit thereby, the Board may require the
applicant, as a condition of approval, at the applicant's expense,
to provide for and construct such improvements as if such were on-tract
improvements in the manner provided hereafter and as otherwise provided
by law.
(3)
Payment of allocated costs. In the event that the
improvement required shall be constructed as a general or a local
improvement, the estimated cost of the off-tract improvement allocated
to the applicant shall be deposited with the municipality in the form
of cash. Said deposit shall be paid by the subdivider to the Chief
Financial Officer who shall provide a suitable depository therefor,
and such funds shall be used only for the off-tract improvements for
which they are deposited or shall be refunded to the subdivider as
hereinafter set forth.
[Amended 12-20-2011 by Ord. No. 1532]
(4)
Deposit of funds. All funds paid by an applicant pursuant
to this chapter shall be used only for the improvements for which
they are deposited or improvements serving the same purpose.
(5)
Redetermination of assessment upon completion of improvements.
Upon completion of off-tract improvements required pursuant to this
chapter, the applicant's liability hereunder shall be recalculated
in accordance with the actual as compared with the estimated cost
of the improvements. To the extent that such recalculation shall increase
or decrease the amount of any cash deposit made by the applicant hereunder,
the applicant shall forthwith either pay the amount of such increase
to the municipality or the municipality shall forthwith refund the
amount of such decrease to the applicant.
B.
Omissions. Omissions from the bond of any improvement
will in no way be construed as to relieve the developer from his legal
obligation to conform to the required improvements as provided for
in this chapter.
C.
Certification. Prior to the final acceptance of any
of the required improvements by the Borough, the subdivision owner
or owners shall have submitted satisfactory affidavits certifying
that no unpaid bills, liabilities or liens against such improvements
and installations are outstanding.
[Added 6-15-2010 by Ord. No. 1480]
A.
Whenever the Planning Board or Zoning Board of Adjustment approves
an application for development with variances or conditions, pursuant
to the Municipal Land Use Law (N.J.S.A. 40:55D-1, et. seq.) the respective
Board shall include in its resolution of approval the requirement
that the applicant or recipient of the variance or condition, as the
case may be, prepare a deed in recordable form that includes the variance(s)
or condition(s). The applicant or his/her/its attorney shall submit
the proposed deed to the Board's Attorney and Board's Engineer within
10 days after the grant of approval by the respective Board. After
the deed is determined to be in proper recordable form, including
the variance(s) or condition(s), the deed, at the applicant's expense,
shall be recorded by the respective Board's Attorney with the Bergen
County Clerk's Office Registry Division or any successor thereto.
The deed shall be from the applicant as grantor to the applicant as
grantee fully reciting the respective Board's actions in order to
give fair notice to any interested party as to the status of the property
in question. The applicant shall pay to the reviewing Board's Attorney
reasonable and customary legal fees incurred for such review. A copy
of the recorded deed shall be sent by the respective Board's Attorney
to the applicant's Attorney or applicant, as the case may be, within
30 days of the date the deed has been recorded.
B.
The procedure as set forth above shall be completed no later than
60 days after the date of publication of the resolution of approval
by the respective Board.
C.
The Resolution of approval by the respective Board shall be deemed
contingent upon the proper recording of the deed as set forth herein.
