These rules and regulations shall be the minimum
requirements for the protection of the public health, safety and welfare.
The standards and regulations applicable to the Pinelands Area are
intended to be the minimum provisions necessary to achieve the objectives
of this chapter and the Pinelands Protection Act. If this chapter
conflicts with any Pinelands regulations or if there are conflicts
between any separate provisions of this chapter, the most restrictive
shall apply.
This chapter may be amended, changed, modified
or repealed, in whole or in part, in accordance with applicable laws.
Any interested party may appeal to the governing
body any final decision approving a use variance pursuant to N.J.S.A.
40:55D-70(d). Such appeal shall be made within 10 days of the date
of publication of such final decision. The appeal shall comply with
the provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et
seq.) and shall be made by serving the Borough Clerk in person, or
by certified mail, with a notice of appeal specifying the grounds
thereof and the name and address of the appellant and name and address
of his attorney, if represented. The material submitted in support
of the appeal, notice, time within which the governing body must act
and similar matters shall be consistent with the Municipal Land Use
Law and any rules adopted by the governing body. The appeal shall
be decided by the governing body only upon the record established
before the approving authority. The governing body may reverse, remand
or affirm, in whole or in part, or may modify the final decision of
the approving authority. An appeal to the governing body shall stay
all proceedings in furtherance of the action in respect to which the
decision appealed from was made unless the Board from whose action
the appeal is taken, certifies to the governing body, after the notice
of appeal shall have been filed with the Board, that by reasons of
facts stated in the certificate a stay would, in its opinion, cause
imminent peril to life or property. In such case, proceedings shall
not be stayed other than by an order of the Superior Court on application
upon notice to the Board from whom the appeal is taken and on good
cause shown.
The submission of an application for either
preliminary or final plat approval shall be accompanied by a completed
application form and a completed checklist as have been adopted as
part of this chapter and attached hereto.[1]
[1]
Editor's Note: Said application form and checklist
are on file in the Borough offices.
All requirements of this chapter shall be met
at the time of any construction, enlargement, moving or change in
use. All developments resulting from subdivision and site plan approvals
shall comply with all the provisions of approval, including conditions
imposed by the approving authority, all as shown on the approved plat
and/or included in the resolution adopted by the approving authority.
[Amended 9-15-1997 by Ord. No. 97-16]
Before issuing any permit for a conditional use, the approving authority shall have approved the application after public hearing, but within 95 days 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 approving authority to act within the required time period shall constitute approval of the application. Notice of the hearing for a conditional use shall comply with § 335-17, Public hearings and notices. In reviewing a conditional use application, the approving authority shall review the conditions set forth in this chapter and related site plan and land use issues. A conditional use shall be deemed to be a permitted use in the zoning district in which it is located. Each conditional use shall be considered as an individual case. Conditional uses shall require site plan review and approval. Whenever an application for approval of a conditional use includes a request for relief pursuant to N.J.S.A. 40:55D-60, the approving authority shall grant or deny approval of the application within 120 days after submission of a complete application or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, this one-hundred-twenty-day period shall apply only to the application for the approval of the variance or the direction for issuance of a permit as set forth in N.J.S.A. 40:55D-60. The period for granting or denying the other approval(s) shall be as set forth for the other approvals.
These provisions shall be minimum requirements.
Where both minimum and maximum standards are established, both shall
be met even though the combination may not permit development to take
advantage of all standards simultaneously. Where there are conflicting
provisions with other provisions of this chapter or any other ordinance
or law, the more restrictive or higher standards shall control.
This chapter shall take effect upon its final
passage and upon publication and filing with the County Planning Board
according to law.
A.
It shall be the duty of the Zoning Officer to administer
and enforce the zoning provisions of this chapter.
B.
It shall be the duty of the Borough Engineer to enforce
the provisions of subdivision and site plan approvals.
C.
The Zoning Officer shall have the right to enter any
building or premises during the daytime in the course of enforcing
this chapter.
[Added 3-20-2006 by Ord. No. 2006-4]
A.
Any person who violates any section of Chapter 335 of the Code of the Borough of Berlin shall be subject to a fine of not more than $2,000, imprisonment for not more than 90 days and/or a period of community service not to exceed 90 days. Each day on which a violation occurs shall be considered a separate offense.
B.
A fine in an amount greater than $1,250 upon an owner or other person for violating any provision of Chapter 335 of the Code of the Borough of Berlin shall not be imposed until the owner or other person is provided a thirty-day period in which the owner or other person shall be afforded the opportunity to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
A.
These regulations shall not abate any action now pending
under prior existing subdivision, site plan or zoning regulations;
or abate or modify any penalty accruing or about to accrue; or affect
the liability of any person, firm or corporation; or waive any right
of the Borough under any provision existing at the time of adoption
of this chapter; or vacate or annul any rights obtained by any person,
firm or corporation by lawful action of the Borough except as shall
be expressly provided for in this chapter.
B.
Nothing in this chapter shall require any change in
a construction permit, site plan or zoning variance which was approved
before the enactment of this chapter but is in violation thereof,
provided that construction based on such a construction permit shall
have been started within one year from the effective date of this
chapter and, in the case of a site plan or variance, a construction
permit shall have been issued within one year following the effective
date of this chapter. In all instances, the project shall be pursued
to completion; otherwise, said approvals and permit shall be void
except as otherwise may be protected by N.J.S.A. 40:55D-49 or 40:55D-52.
Any applicant to the Planning Board shall pay
the amounts set forth below to the Borough of Berlin at the time of
application. No application can proceed before the approving authority
or receive final action on the application, until all fees are paid
and escrow deposits are current:
A.
Affordable housing fee. In addition to the application and escrow fees set forth below, each applicant shall pay an affordable housing fee as required by Chapter 193, Housing, Affordable, of the Borough Code.
B.
Nonrefundable application fees.
(1)
General fees.
(a)
The publication fee for each decision rendered
by the Planning Board to defray the cost of publishing said decisions
shall be $25 for a minor subdivision and $100 for a major subdivision.
[Amended 6-20-2005 by Ord. No. 2005-14]
(c)
The fee for each list of names to whom the applicant
is required to give notice pursuant to N.J.S.A. 40:55D-12b shall be
$10. The list shall include the current tax duplicate, the names and
addresses of property owners, and the names, addresses, and positions
of those persons who, not less than seven days prior to the date on
which the applicant requested the list, have registered to receive
notice pursuant to N.J.S.A. 40:55D-12h. The applicant shall be entitled
to rely upon the information contained in such list, and the failure
to give notice to any owner or to any public utility, cable television
company or local utility not on the list shall not invalidate any
hearing or proceeding.
C.
Escrow deposits. An escrow deposit shall be posted
and maintained in connection with any application for interpretation,
for a concept or informal plan, sketch plat, preliminary plat, final
plat, conditional use, variance, or related matter, as set forth below.
(1)
Escrow payments shall be for the purpose of reimbursing
the Borough for the costs of any professional fees incurred for reviews,
inspection charges and actual out-of-pocket expenses associated with
applications on behalf of the Borough, including applications for
development and variance applications involving the review of applications,
review and preparation of documents, inspection of improvements or
other purposes under the provisions of the Municipal Land Use Law
and for such costs incurred for professional services of outside consultants
when an application is of a nature beyond the scope of the expertise
of the professionals normally utilized by the Borough. Said reviews
shall include, but not be limited to, analysis of all application
documents, maps, plans, reports and exhibits, preparation of written
reports, meeting attendance, oral testimony, inspections and/or other
services rendered in connection with the application under the provisions
of the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.). Escrow
payments shall be in addition to the nonrefundable application fees
required above. All escrow payments shall be placed in an escrow account
pursuant to the following schedule. The Borough shall be responsible
for all payments to their professionals for services rendered.
(2)
Amount of deposit; refund of interest.
(a)
Each applicant shall make a deposit toward anticipated
municipal expenses for professional services. The deposit shall be
placed in an escrow account by the Borough Treasurer pursuant to the
Municipal Land Use Law (N.J.S.A. 40:55D-53.1). The amount of the deposit
shall be reasonable in relation to the scale and complexity of the
development in accordance with the following schedule. All payments
charged to the escrow account shall be pursuant to vouchers from the
professionals identifying the personnel performing the service and
for each date the service was performed, the hours spent to one-fourth-hour
increments, the hourly rate and the expenses incurred. If the salary,
staff support and overhead for a professional are provided by Borough
staff, the charge to the deposit shall not exceed 200% of the sum
of the products resulting from multiplying the hourly base salary
of each of the professionals by the number of hours spent by the respective
professionals on the review of the application or on the inspection
of the applicant's improvements, as the case may be. For other professionals
the charge to the deposit shall be at the same rate as all other work
of the same nature by the professional for the Borough. The Borough
shall open the account, administer the account, close out the account,
return unspent funds and resolve any disputes in accordance with the
procedures set forth in N.J.S.A. 40:55D-53.1.
(b)
Whenever an amount of money in excess of $5,000
shall be deposited by an applicant with the Borough for professional
services employed by the Borough to review applications for development,
for Borough inspection fees in accordance with N.J.S.A. 40:55D-53
or to satisfy the guaranty requirements of N.J.S.A. 40:55D-53, the
money, until repaid or applied to the purposes for which it is deposited,
including the applicant's portion of the interest earned thereon,
except as otherwise provided in N.J.S.A. 40:55D-1 et seq., shall continue
to be the property of the applicant and shall be held in trust by
the Borough. Money deposited shall be held in escrow. The Borough
shall deposit the money in a banking institution or savings and loan
association in this state insured by an agency of the federal government,
or in any other fund or depository approved for such deposits by the
State, in an account bearing interest at the minimum rate currently
paid by the institution or depository on time or savings deposits.
The Borough shall not be required to refund an amount of interest
paid on a deposit that does not exceed $100 for the year. If the amount
exceeds $100, that entire amount shall belong to the applicant and
shall be refunded to him by the Borough annually or at the time the
deposit is repaid or applied to the purposes for which it was deposited,
as the case may be, except that the Borough may retain for administrative
expenses a sum equivalent to no more than 33 1/3% of that entire amount
which shall be in lieu of all other administrative and custodial expenses.
(3)
No submission shall be deemed complete and no action
to approve or conditionally approve an application shall be taken
until such time as the applicant shall have posted with the Borough
by cash, certified check or money order the amount of all escrow sums
required to be deposited pursuant to this section calculated as shown
below.
(4)
If during the processing of the application the funds
remaining in the escrow account are depleted below a sum equal to
25% of the original deposit or $500, whichever is greater, the applicant
shall deposit additional funds to bring the escrow account equal to
the larger of either $500 or 40% of the original deposit before the
application shall continue to be processed by the approving authority
and prior to action on the application. By mutual agreement, the applicant
and the approving authority may agree to another payment schedule
where the size and scope of the application may warrant it. The approving
authority may dismiss an application in the event that an applicant
does not replenish the escrow account or does not post sufficient
escrow fees to continue the processing of an application.
(5)
Schedule of payments. (Any unspent funds from previous
stages of a development shall be credited against the fee for subsequent
applications.)
(a)
Number of residential lots or units to be created:
|
Scale of Development
|
Escrow To Be Posted for Preliminary Plats
(Interpretations and concept, sketch and
final plat applications shall pay one-half of these amounts)
| |
|---|---|---|
|
1 to 4
|
$300 per lot or unit
| |
|
5 to 25
|
$1,200, plus $200 per unit for units 5 to 25
| |
|
26 or more
|
$5,400, plus $100 per unit or lot over 25
|
(b)
Commercial/industrial and other nonresidential subdivisions not involving structures. [If the subdivision is part of a simultaneous application for site plan, the fee shall be based on Subsection C(5)(c) below.]
|
Scale of Development
|
Escrow To Be Posted for Preliminary Plats
(Interpretations and concept, sketch and
final plat applications shall pay one-half of these amounts)
| |
|---|---|---|
|
0 to 3 lots
|
$1,200
| |
|
4 to 5 lots
|
$2,400
| |
|
6 or more lots
|
$4,000
|
(c)
Site plans for commercial/industrial and other
nonresidential uses with proposed additions or expansions involving
a gross floor area as follows:
|
Scale of Development
|
Escrow To Be Posted for Preliminary Plats
(Interpretations and concept, sketch and
final plat applications shall pay one-half of these amounts)
| |
|---|---|---|
|
Up to 5,000 square feet
|
$2,000
| |
|
5,001 to 20,000 square feet
|
$2,000, plus $0.25 per square foot over 5,000
square feet
| |
|
20,001 to 40,000 square feet
|
$6,000, plus $0.15 per square foot over 20,000
square feet
| |
|
40,001 square feet or more
|
$9,000, plus $0.10 per square foot over 40,000
square feet
|
(6)
The administrative officer shall review the submission
to determine whether the escrow amount complies with the above schedule.
In the event that the administrative officer and the applicant agree
that the complexity of the plan or the need for additional expertise
may be required and that a greater escrow deposit would be more appropriate
for the application, a larger dollar amount shall be deposited. In
the event that subsequent replenishment of the escrow fund is needed,
the percentage deposits set forth above shall be the minimum payment
required.
(7)
If additional moneys were expended over the posted
escrow amount, the applicant shall pay such moneys within 14 days
of notification. Payment of such money shall be a mandatory condition
of approval of all action taken by the Borough. No construction permit
or certificate of occupancy shall be issued until all such fees are
paid. Any required escrow payment that has not been paid within 30
days of notification shall be passed to the Borough Attorney for collection
in the form of a lien on the property.
(8)
Refunds for withdrawn applications. In the event an
application is withdrawn, the applicant will be responsible for any
and all professional fees accrued to date. Any debit or credit will
be settled within 30 days of receipt of the written withdrawal notice.
D.
Reduced fee, schedule for charitable organizations. Any charitable, philanthropic, fraternal and religious nonprofit organization holding a tax exempt status under the Federal Internal Revenue Code of 1954 [26 U.S.C. § 501(c) or (d)] may apply, at the time of submission of its application, for a 50% reduction in the fee schedule as set forth in Subsection B above but shall be required to pay the escrow deposits as set forth in Subsection C above.
A.
Approval requirements.
(1)
No final plat shall be approved until all on-tract
items required to be bonded have either been installed and approved
by the Borough Engineer and accepted by the governing body and a maintenance
guaranty has been filed and accepted by the governing body or their
installation shall have been provided for by a performance guaranty
accepted and approved by the governing body. No maintenance bond or
partially completed facility shall be accepted for any item which
has further stages of work or which will need to be altered or reworked
due to the installation of any other facility. Any improvements installed
prior to the final plat application that do not meet required standards
shall be added to the performance guaranty. All off-tract improvements
shall be bonded.
(2)
As part of final plat review, the following improvements
require a performance guaranty:
(a)
On-site and/or on-tract improvements, including
streets, grading, pavement, gutters, curbs, sidewalks, streetlighting,
shade 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.),
water mains, culverts, storm sewers, sanitary sewers or other means
of sewage disposal, drainage structures, erosion control and sedimentation
control devices, public improvements of open space and, in the case
of site plans only, other on-site improvements and landscaping.
(3)
Other improvements which can affect the health, safety
and welfare of the community and are included in the final plans shall
be included in the performance guaranty.
B.
A performance guaranty estimate of cost of improvements
shall be submitted to the approving authority by the Borough Engineer
as part of his report on final plat review. The approving authority
may request the Borough Engineer to update this estimate as required.
C.
The applicant shall submit the performance guaranty
required for final plat approval to the Borough Engineer and Attorney
for review and then to the governing body for approval and acceptance
by resolution.
(1)
The performance guaranty shall consist of the performance
guaranty cost estimate determined by the Borough Engineer in accordance
with N.J.S.A. 40:55D-53.4, and a performance bond in which the developer
shall be principal and the surety shall be an acceptable surety company
licensed to do business in the State of New Jersey, and/or cash or
certified check which shall be deposited with the Borough Treasurer.
The Treasurer shall issue a receipt for such deposits and shall retain
them, to be returned to the developer upon completion of all required
work or, in the event of default, to be used by the Borough to complete
the requirements. If the improvements have not been completed in accordance
with the standards or within the stipulated time, but no longer than
two years, the obligor and surety for any bond shall be liable thereon
for the reasonable cost of completing the improvements. Upon authorization
by the governing body, the Borough Attorney shall take the necessary
steps to obtain such costs from the obligor and surety. The Borough
may, either prior to or after receipt of the proceeds thereof, complete
such improvements. If the Borough engages a third-party contractor
to complete or correct such improvements, said engagement shall be
subject to the public bidding requirements of the Local Public Contracts
Law, N.J.S.A. 40A:11-1 et seq.
(2)
The total performance guaranty shall equal 120% of
the performance guaranty cost estimate, plus an amount equal to 15%
of the cost of any facilities installed prior to final plat submission
as a maintenance guaranty. Ninety percent of this total shall be either
certified check, bank money order or surety bond of a bonding company
approved by and at the option of the governing body. The remaining
10% shall be in cash, and shall be paid in a like manner and under
the same conditions as the security aforesaid. In the event of default,
the ten-percent-cash fund shall be first applied to complete the requirements,
and the cash, certified check or surety bond shall thereafter be resorted
to, if necessary. The cash or surety bond may recite the foregoing
provision. The Borough Engineer's certification that the principal
has satisfactorily installed or has defaulted in meeting the required
standards of construction shall be the basis for governing body action
which accepts or rejects the improvements or withholds the improvements.
(3)
The Borough shall accept a performance guaranty or
maintenance guaranty which is an irrevocable letter of credit if it:
(a)
Constitutes an unconditional payment obligation of the issuer running solely to the Borough for an express initial period of time in the amount determined pursuant to § 335-14C(2) above;
(b)
Is issued by a banking or savings institution
authorized to do and is doing business in the State of New Jersey;
(c)
Is for a period of time of at least one year;
and
(d)
Permits the Borough to draw upon the letter
of credit if the obligor fails to furnish another letter of credit
which complies with the provisions of this section 30 days or more
in advance of the expiration date of the irrevocable letter of credit
or such longer period in advance thereof as is stated in the letter
of credit.
(4)
Wherever in these regulations the term performance
guaranty, performance bond, maintenance guaranty, or maintenance bond
is used, it is deemed to include an irrevocable letter of credit upon
the conditions stated above.
D.
The Borough Clerk shall immediately notify the approving
authority and the Borough Engineer when the performance guaranty has
been approved and accepted by the governing body.
E.
Preconstruction conference. Prior to beginning construction,
the developer shall arrange for a preconstruction conference between
the developer, contractor, and Borough Engineer. The Borough Engineer
shall be notified by the developer at least five days in advance of
the start of construction.
F.
Inspection fees.
(1)
The cost of inspection shall be the responsibility
of the developer. Deposits shall be made by certified check or bank
money order to the Borough Clerk. This fee shall be in addition to
the amount of the performance guaranty and all application fees outlined
herein and shall be deposited in accordance with the following schedule.
Upon completion of the development and all inspections, the developer
shall receive an accounting of the expended funds. Any unexpended
funds shall be returned to the developer.
(2)
The developer shall post a deposit with the Borough
for the inspection fees in an amount not to exceed, except for extraordinary
circumstances, the greater of either $500 or 5% of the estimated cost
of improvements. The developer may appeal the Borough Engineer's estimate
to the Borough Council. The Borough Council shall decide the appeal
within 45 days of receipt of the appeal, in writing, to the Borough
Clerk. 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 the 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 or encumbered to the Borough Engineer for inspections, the developer
shall deposit the remaining 50% of the reasonably 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 or encumbered to the Borough Engineer for inspections, 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 and the Borough
Engineer is entitled to issue a stop-work order until inspection work
is reinstated.
G.
No work shall be done without permission from and
inspection by the Borough Engineer. No underground installation shall
be covered until inspected and approved. The Borough Engineer's office
shall be notified after each of the following phases of the work has
been completed so that he may inspect the work: road subgrade, curb
and gutter forms, curbs and gutters, road paving (after each coat
in the case of priming and sealing), drainage pipes and other drainage
structures before backfilling, shade trees and planting strips, street
name signs and monuments.
H.
No utility installations installed by utility companies
shall be subject to Borough inspection, except that where any work
by a utility company involves disruption to, work on or other types
of changes to Borough property or facilities, such as opening the
surface of a street, or digging up property, the Borough may inspect
the finished work product of the utility company to assure satisfactory
completion of the work and the reinstatement of the public facility
to its original condition consistent with Borough standards.
I.
Certificates of occupancy will be issued only when
curbs, utilities, street lighting, traffic signs, street signs, refuse
collection areas, parking area and traffic direction striping, functioning
water supply and sewage collection and treatment facilities, necessary
drainage to ensure proper drainage of the lot and surrounding land,
final grading of lots, soil stabilization, shade tree(s), base course
for the street and driveway, bikeways and sidewalks are installed
to serve the lot and structure(s) for which the certificate is requested.
(1)
On-site improvements, such as but not limited to parks,
pools, recreation improvements, clubhouses and other homeowners' association
improvements, must be complete and usable before 1/2 of the total
occupancy permits for the development are issued. In the event that
a development is divided into phases, on-site improvements contained
in each phase must be complete and usable before 1/2 of the total
occupancy permits are issued in that phase. Streets shall not receive
surface course paving until all heavy construction is completed.
(2)
Shade trees and other required plantings, including
any required buffer area, shall be planted prior to the issuance of
the certificate of occupancy, except that the Borough Engineer may
waive this requirement if requested, in writing, by the developer
and if the request is made for a nonplanting season. As a condition
for granting this waiver, the developer shall state that the shade
tree(s) and other required plantings will be planted within the earlier
of either six months or prior to the beginning of the next nonplanting
season (defined as June 15 to September 15 or any time of the year
when the ground is frozen). The Borough Engineer shall not waive this
requirement for more than three requests in any one phase of a development.
(3)
Where a certificate of occupancy is requested for a nonresidential development or a multifamily dwelling, the same plantings shall be required prior to the issuance of the certificate of occupancy as specified in Subsection I(2) above in addition to all foundation plantings and open space landscaping within 200 feet of the subject building (other than those plantings associated with any proposed adjacent building not yet constructed or completed).
(4)
If the developer of any type of development fails
to plant the required material within the time specified, the Borough
may utilize the cash portion of the performance guaranty to complete
the plantings.
J.
Inspections by the Borough Engineer shall not subject
the Borough or the Borough Engineer to claims, suits or liability
of any kind that may arise because of defects or negligence, it being
recognized that the responsibility to provide proper utilities and
improvements and to maintain safe conditions at all times throughout
the tract is upon the developer and his contractors or subcontractors,
if any.
K.
After completing the improvement, the developer shall
prepare two sets of the plans and the profiles amended to read "as
constructed" and apply to the governing body for final inspection
of the work. The Borough Engineer shall, within 30 days of completing
the inspection, report, in writing, to the governing body indicating
either approval partial approval, or rejection with a statement of
reasons for any rejection. If partial approval is indicated, the cost
of the improvements rejected shall be set forth.
L.
The governing body shall either approve, partially
approve or reject the improvements and shall notify the obligor by
certified mail of the contents of the Borough Engineer's report and
the action of the approving authority with relation thereto not later
than 65 days after receipt of the notice from the obligor of the completion
of the improvements, except that no approval or partial approval shall
be granted until an acceptable maintenance guaranty has been submitted
and approved by the governing body to cover the improvements. Where
partial approval is granted, the obligor shall be released from liability
pursuant to its performance guaranty, except for a portion sufficient
to secure completion of the improvements not yet approved, provided
that 30% of the amount of the performance guaranty posted may be retained
to ensure completion of all improvements. Failure of the governing
body to send or provide such notification to the obligor within 65
days shall be deemed to constitute approval of the improvements, and
the obligor and surety, if any, shall be released from liability pursuant
to such performance guaranty for such improvements. The time allowed
for installation of the improvements for which the performance guaranty
has been provided may be extended by resolution of the governing body.
As a condition or as part of any such extension, the amount of any
performance guaranty shall be increased or reduced, as the case may
be, to an amount not to exceed 120% of the cost of the installation
as determined as of the date of the passage of the resolution.
M.
If any portion of the required improvements are rejected,
the approving authority may require the obligor to complete such improvements,
and upon completion, the same procedure of notification as set forth
above shall be followed.
N.
Upon request of the developer, in writing, by certified
mail, with copies to the approving authority and Borough Engineer,
the governing body may reduce the amount of the performance guaranty
after considering the report of the approving authority and the Borough
Engineer. The performance guaranty retained shall be sufficient to
cover the cost of improvements that were not installed, uncompleted
and/or defective, engineering costs and an amount equal to 15% of
the cost of completed facilities to assure upkeep of these facilities
until accepted by the governing body and until covered by a maintenance
guaranty. Agreement to reduce the performance guaranty in accordance
with this provision shall not constitute acceptance of any of the
improvements by the governing body for ownership and/or maintenance
responsibility. The reduction shall first be in the surety portion
of the performance bond and only in the cash portion after all the
surety portion has been released.
O.
The approval of any plat by the approving authority
shall in no way be construed as acceptance of any street, drainage
system or other improvement required by this chapter, nor shall such
plat approval obligate the Borough in any way to maintain or exercise
jurisdiction over such street, drainage system or other improvement.
Borough jurisdiction shall commence only after acceptance of the improvement(s)
by the governing body.
P.
Maintenance guaranty. No improvement shall be accepted
by the governing body unless and until all of the following conditions
have been met:
(1)
The Borough Engineer shall have certified, in writing,
that all the improvements are complete and that they comply fully
with the requirements of this chapter and of other applicable local
ordinances.
(2)
The developer has provided a maintenance guaranty
to the governing body in an amount equal to 15% of the cost of improvements
and running for two years. Ninety percent of this total shall be in
either certified check, bank money order or surety bond of a bonding
company approved by and at the option of the governing body. The remaining
10% shall be in a certified check. The maintenance guaranties shall
be in a form acceptable to the governing body and approved as to form
and content by the Borough Engineer and Attorney. 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 guaranty to another governmental agency,
no performance or maintenance guaranty, as the case may be, shall
be required by the Borough for such utilities or improvements.
(3)
To obtain release of the maintenance bond, the developer
shall, after all required maintenance has been completed, apply to
the governing body, in writing, by certified mail, with copies to
the approving authority and Borough Engineer, for final inspection
of the work. The Borough Engineer shall, within 30 days of receipt
of request for inspection, report, in writing, to the governing body,
with a copy to the approving authority, indicating either approval,
partial approval or rejection of the improvements from a maintenance
viewpoint with a statement of reasons for any rejection.
(4)
The governing body shall either approve or reject
the improvements and release the maintenance bond or reduce the amount
of the maintenance bond, following the same procedures as for performance
bonds.
Q.
All moneys deposited by an applicant pursuant to plat
approvals shall comply with the provisions of N.J.S.A. 40:55D-53.1,
provided that the Borough may, by resolution, retain an amount not
in excess of the amount permitted by statute for administrative and
custodial expenses.
A.
No construction permit or certificate of occupancy
shall be issued for any parcel of land or structure which was sold,
or on which improvements were undertaken in violation of the provisions
of this chapter or for use of a lot created by subdivision after the
effective date of and not in conformity with the provisions of this
chapter. No site improvements, such as but not limited to excavation
or construction of public or private improvements shall be commenced
except in conformance with this chapter and in accordance with plat
approvals and the issuance of required permits.
B.
Compliance with the zoning requirements shall be required
before the issuance of any construction permit or certificate of occupancy
and before a new use may occupy a building when that use will increase
the lot coverage or the parking requirements, or the floor area ratio
or the number of dwelling units on site.
C.
It shall be unlawful to use any lot, tract or building,
or part thereof, whether newly created or modified or involving a
change in use, until a change of use permit shall have been issued
by the Construction Official. No change of use permit shall be issued
unless the land, building and use comply with this chapter, all matters
incorporated on the approved subdivision or site plan shall be completed
and certified by the Borough Engineer and the building and health
codes are complied with.
D.
Temporary use permit.
(1)
Upon written application, the Zoning Officer is empowered to issue a temporary use permit for model homes and other purposes as specified in § 335-77T for a period not to exceed six months. The temporary use permit may be extended by the Zoning Officer, upon written application, for additional periods not to exceed six months each.
(2)
All applications for a temporary use shall be made
to the Zoning Officer. The Zoning Officer shall have the discretion
to transmit a copy of the application and all supporting documents
to the Police Chief, the Fire Marshal, all subcode officials, the
approving authority, the engineer and/or the Borough Engineer for
their review and recommendations. No temporary use permit shall be
issued except in compliance with this subsection and in compliance
with N.J.S.A. 52:27D-133 and all of the regulations promulgated thereunder.
E.
A certificate of occupancy shall be required for the
use of any building, or any part thereof, upon any transfer of title,
change in occupancy, change in use or any modification or improvement.
A.
Establishment and composition.
(1)
Pursuant to the Municipal Land Use Law, P.L. 1975,
c. 291,[1] the Borough of Berlin hereby establishes a Planning Board
of nine members and two alternate members consisting of the following:
(a)
Class I: the Mayor.
(b)
Class II: one of the officials of the Borough
other than a member of the governing body, to be appointed by the
Mayor, provided that if there is an Environmental Commission, the
member of the Environmental Commission who is also a member of the
Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class
II member in the event that there be among the Class IV or alternate
members of the Board a member of the Board of Education.
(c)
Class III: a member of the governing body, to
be appointed by it.
(d)
Class IV: six other citizens of the Borough,
to be appointed by the Mayor. The members of Class IV shall hold no
other Borough office, except that one such member may be a member
of the Board of Education. The member of the Environmental Commission
who is also a member of the Board as required by N.J.S.A. 40:56A-1
shall be a Class IV member unless there is among the Class IV or alternate
members of the Board a member of the Board of Education, in which
case the member common to the Board and the Environmental Commission
shall be deemed a Class II member of the Board.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
The term of the member composing Class I shall correspond
to his official tenure. The terms of the members composing Class II
and Class III shall be for one year or terminate at the completion
of their respective terms of office, whichever occurs first, except
for a Class II member who is also a member of the Environmental Commission.
The term of a Class II or Class IV member who is also a member of
the Environmental Commission shall be for three years or terminate
at the completion of the term of office as a member of the Environmental
Commission, whichever occurs first. The term of a Class IV member
who is also a member of the Board of Education shall terminate whenever
that person is no longer a member of such other body or at the completion
of his Class IV term, whichever occurs first. The terms of all Class
IV members first appointed pursuant to this chapter shall be so determined
that to the greatest practicable extent the expiration of such terms
shall be distributed evenly over the first four years after their
appointment, provided that the initial Class IV term of no member
shall exceed four years. Thereafter, the Class IV term of each such
member shall be four years.
(3)
The Mayor shall appoint two alternate members to the
Board. The alternate members shall meet the qualifications of Class
IV members and shall be appointed as Alternate No. 1 and Alternate
No. 2. The terms of the alternate members shall be for two years,
except that the terms of the alternate members shall be such that
the term of not more than one alternate member shall expire in any
one year; provided, however, that in no instance shall the terms of
the alternate members first appointed exceed two years.
(4)
If a vacancy of any class shall occur other than by
expiration of term, it shall be filled by appointment as above provided
for the unexpired term.
(5)
No member of the Board shall be permitted to act on
any matter in which the member has, either directly or indirectly,
a personal or financial interest.
(6)
Alternate members may participate in discussions of
the proceedings but may not vote except in the absence or disqualification
of a regular member of any class. A vote shall not be delayed in order
that a regular member may vote instead of an alternate member. In
the event that a choice must be made as to which alternate member
is to vote, Alternate No. 1 shall vote.
B.
Powers and duties.
(1)
The Planning Board shall exercise to the same extent
and subject to the same restrictions all the powers of the Zoning
Board of Adjustment and the Planning Board pursuant to the provisions
of N.J.S.A. 40:55D-1 et seq.
(2)
Appeals and variances; applications.
(a)
Appeals to the Board may be taken by any interested
party. Each appeal shall be taken within the 65 days prescribed by
the statute for filing a notice of appeal with the officer from whom
the appeal is taken, together with three copies of said notice with
the Secretary of the Board. Said notice of appeal shall specify the
grounds for said appeal. The officer from whom the appeal is taken
shall forthwith transmit to the Board all the papers constituting
the record upon which the action appealed from was taken.
(b)
Applications addressed to the original jurisdiction
of the Board without prior application to an administrative officer
shall be filed with the administrative officer, including nine copies
of the application, plot, plans, maps or other papers required by
this chapter or any rule of the Board. The applicant shall obtain
all necessary forms from the administrative officer who shall inform
the applicant of the steps to be taken to initiate proceedings, the
regular meeting dates of the Board and the earliest date for a public
hearing that is at least 14 days from the date of filing a complete
application.
(c)
An appeal stays all proceedings in furtherance
of the action in respect of which the decision appealed from was made
unless the officer from whom the appeal is taken certifies to the
Board, after the notice of appeal shall have been filed with him,
that, by reason of facts stated in the certificate, a stay would,
in his opinion, cause imminent peril to life or property. In such
cases, proceedings shall not be stayed otherwise than by a restraining
order, which may be granted by the Board or by the Superior Court
of New Jersey on application or notice to the officer from whom the
appeal is taken and on due cause shown.
(d)
Any application under any subsection of this
section may be referred to any appropriate person or agency for its
report, provided that such reference shall not extend the period of
time within which the Board shall act.
(e)
Power to reverse or modify decisions. In exercising
its powers, the Board may reverse or affirm, wholly or partly, or
may modify the action, order, requirements, decision, interpretation
or determination appealed from and to that end have all the powers
of the administrative officer from whom the appeal was taken.
(f)
Time for decision. The Board shall render its
decision not later than 120 days after the date an appeal is taken
or not later than 120 days after the submission of a complete application
to the Board. Failure of the Board to render a decision within this
period or within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant.
(g)
Expiration of variance. In the granting of hardship
and use variances, a time limit of one year from the date of the variance
approval shall be set within which the owner shall secure a construction
permit; otherwise, the variance granted shall be null and void. The
approving authority may, for good cause shown, extend the period for
securing a construction permit for an additional period not exceeding
six months.
(h)
No variance or other relief may be granted under
the terms of this section unless it can be granted without substantial
detriment to the public good and will not substantially impair the
intent and purpose of the zone plan and this chapter. In respect to
any airport hazard areas delineated under the Air Safety and Hazardous
Zoning Act of 1983 (N.J.S.A. 6:1-80 et seq.), no variance or other
relief may be granted which would be prohibited under the standards
promulgated pursuant to that act, except upon issuance of a permit
by the Commissioner of Transportation. An application under this section
may be referred to any appropriate person or agency for its report,
provided that such reference shall not extend the period of time within
which the Board shall act.
(i)
The Board shall have such powers as are granted
by law to:
[1]
Hear and decide, by majority vote, appeals where
it is alleged by the appellant that there is error in any order, requirement,
decision or refusal made by an administrative officer based on or
made in the enforcement of this chapter.
[2]
Hear and decide, by majority vote, requests
for interpretation of the Zoning Map or this chapter or for decisions
upon other special questions upon which such Board is authorized by
this chapter to pass.
(j)
Variances. The Board shall have the power to:
[1]
Where, by reason of exceptional narrowness,
shallowness or shape of a specific piece of property or by reason
of exceptional topographic conditions or physical features uniquely
affecting a specific piece of property or by reason of an extraordinary
and exceptional situation uniquely affecting a specific piece of property
or the structures lawfully existing thereon, the strict application
of any regulation in the zoning provisions of this chapter would result
in peculiar and exceptional practical difficulties to or exceptional
and undue hardship upon the developer of such property, grant, upon
an application by an appeal relating to such property, a variance
from such strict regulation so as to relieve such difficulties or
hardship.
[2]
Where, in an application or appeal relating to a specific piece of property, the purposes of the Municipal Land Use Law would be advanced by a deviation from the requirements of this chapter and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to the zoning regulations; provided, however, that no variance from those departures enumerated in § 335-16B(2)(j)[3] below shall be granted under this subsection.
[3]
Use variances. In particular cases and for special
reasons, grant a variance to allow departure from the regulations
contained in this chapter to permit a use or principal structure in
a district restricted against such use or principal structure, an
expansion of a nonconforming use, deviation from a specification or
standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional
use, an increase in the permitted floor area ratio as defined in N.J.S.A.
40:55D-4, an increase in the permitted density as defined in N.J.S.A.
40:55D-4, except as applied to the required lot area for a lot or
lots for detached one- or two-dwelling unit buildings, which lot or
lots are either an isolated lot or lots resulting from a minor subdivision,
or a height of a principal structure which exceeds by 10 feet or 10%
the maximum height permitted in the district. A variance under these
provisions shall be granted only by affirmative vote of at least five
members of the Board.
[4]
Variances in the Pinelands Area.
[Added 12-26-2001 by Ord. No. 2001:16]
[a]
When a variance of density or minimum
lot area requirements for the PR-1 or PR-2 Districts is granted by
the Borough, Pinelands development credits shall be used for all dwelling
units or lots in excess of that otherwise permitted without the variance.
[b]
When a variance or other approval
for a nonresidential use not otherwise permitted in the PR-1 District
is granted by the Borough, Pinelands development credits shall be
used at 50% of the maximum rate permitted for Pinelands development
credit use in the PR-1 District for parcels under 10 acres in size;
at 75% of the maximum rate for parcels between 10 and 20 acres in
size; and at 100% of the maximum rate for parcels over 20 acres in
size. This requirement shall not apply to a variance or other approval
which authorizes the expansion of or changes to existing nonresidential
uses in accordance with N.J.A.C. 7:50-5.2.
[c]
When a variance or other approval
for a residential use in the PC-1, PC-2 or PI-3 Districts is granted
by the Borough, Pinelands development credits shall be used for 50%
of the authorized units for parcels under 10 acres in size; for 75%
of the authorized units for parcels between 10 and 20 acres in size;
and for 100% of the authorized units for parcels over 20 acres in
size.
(k)
Whenever an application for approval of a subdivision
plat, site plan or conditional use includes a request for a variance
or the issuance of a permit, the Board shall grant or deny approval
of the application within 95 days after submission of a complete application
to the administrative officer or within such further time as may be
consented to by the applicant. In the event that the developer elects
to submit separate consecutive applications, the aforesaid provision
shall apply to the application for approval of the variance or direction
for issuance of a permit. The period for granting or denying subsequent
approval(s) of a subdivision, site plan or conditional use shall be
as otherwise provided in this chapter. Failure of the Board to act
within this period shall constitute approval of the application.
(3)
Directing the issuance of permits. The Board shall:
(a)
Direct the issuance of a permit for a building
or structure in the bed of a mapped street or public drainageway,
flood control basin or public area reserved on an adopted Official
Map whenever one or more parcels of land located in these areas cannot
yield a reasonable return to the owner unless a construction permit
is granted, provided that the approval given will, as little as practicable,
increase the cost of opening such street or tend to cause minimum
change to the Official Map, and the Board shall impose reasonable
requirements as a condition of granting the permit so as to promote
the health, morals, safety and general welfare of the public.
(b)
Direct the issuance of a permit for a building
or structure not related to a street where the denial of the permit
would entail practical difficulty or unnecessary hardship or the circumstances
do not require the building or structure to be related to a street,
except that the issuance of such a permit shall be subject to conditions
that will provide adequate access for fire fighting equipment, ambulances
and other emergency vehicles necessary for the protection of health
and safety and subject to conditions that will protect any future
street layout shown on the Official Map or on a general circulation
plan element of the Master Plan.
(4)
Plan approval required; deviations from approved plan.
(a)
In the event that the Board disapproves a development
plan, no construction permit or certificate of occupancy shall be
issued. Any applicant wishing to make a change in an approved application
shall follow the same procedure as the original application.
(b)
The Board shall permit a deviation from the
final plan if caused by change of conditions beyond the control of
the developer since the date of final approval and the deviation would
not substantially alter the character of the development or substantially
impair the intent and purpose of the Master Plan and this chapter.
(5)
Master Plan. The Board shall make and adopt and, from
time to time, amend a Master Plan for the physical development of
the Borough, taking into account any areas outside its boundaries
which in the Board's judgment bear essential relation to the planning
of the Borough in accordance with the provisions of N.J.S.A. 40:55D-28.
(6)
Other.
(a)
The Board shall administer the provisions of
this chapter in accordance with the provisions of this chapter and
the Municipal Land Use Law.
(b)
The Board shall participate in the preparation
and review of programs or plans required by state or federal law or
regulations.
(c)
The Board shall assemble data on a continuing
basis as part of a continuous planning process.
(d)
The Board shall consider and make report to
the governing body within 35 days after referral as to any proposed
development regulation submitted to it pursuant to the provisions
of N.J.S.A. 40:55D-26a, and also pass upon other matters specifically
referred to the Planning Board by the governing body pursuant to the
provisions of N.J.S.A. 40:55D-26b.
(e)
The Board shall perform such other advisory
duties as are assigned to it by ordinance or resolution of the governing
body for the aid and assistance of the governing body or other agencies
or officers.
(f)
If the Board or its Development Committee finds
that an application for conventional site plan conforms to the definition
of "minor site plan," the Board may waive notice and public hearing
requirements. Minor site plan approval shall be deemed to be final
approval by the Board, provided that the Board or said Committee may
condition such approval on terms ensuring the provision of improvements
pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53.
(g)
Whenever review or approval of the application
by the County Planning Board is required by N.J.S.A. 40:27-6.6, the
Board shall condition any approval 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.
C.
Organizational and administrative provisions.
(1)
Organization of Board. The Planning Board shall elect
a Chairman and Vice Chairman from the members of Class IV and a Secretary.
(2)
Experts and staff. The Board may appoint, employ or
contract for services of experts and staff as it may deem necessary.
The Board shall not authorize expenditures which exceed, exclusive
of the gifts or grants, the amount appropriated by the governing body
for its use.
(3)
Rules and regulations. The Board shall adopt such
rules and regulations as are necessary to carry out its duties.
(4)
Conflicts of interest. No member shall act on any
matter in which the member has, either directly or indirectly, any
personal or financial interest. Whenever any member is disqualified,
the member shall not continue to sit with the Board on the hearing
of such matter nor participate in any discussion or decision relating
thereto.
(5)
Meetings.
(a)
Meetings shall be scheduled no less than once
a month, and any meeting shall be held as scheduled unless canceled
for lack of applications for development to process.
(b)
Special meetings may be called by the Chairman
or on request of any two Board members, provided that there is notice
to the members and the general public in accordance with law.
(c)
No action shall be taken at any meeting without
a quorum being present. All actions shall be by majority vote of a
quorum except where a specified portion of the full authorized membership
is required pursuant to N.J.S.A. 40:55D-9, 40:55D-26, 40:55D-34 and
40:55D-70d.
(6)
Minutes. Minutes of regular and special meetings shall
be kept and shall include the names of persons appearing and addressing
the Board and of persons appearing by attorney, the action taken,
the findings, if any, and reasons therefor. The minutes shall be available
for public inspection during normal business hours at the office of
the Borough Clerk. Any interested party shall have the right to compel
production of the minutes and be charged a fee for their reproduction.
(7)
Hearings.
(a)
Rules. The Board may make rules governing the
conduct of hearings. The rules shall be consistent with N.J.S.A. 40:55D-1
et seq. and this chapter. The Board may waive the required notices
and hearing for minor and exempt subdivisions and minor and exempt
site plans, except where a variance or conditional use is part of
the application.
(b)
Oaths. The presiding officer, or such person
as he may designate, shall have power to administer oaths or issue
subpoenas to compel the attendance of witnesses and the production
of relevant evidence, including witnesses and documents presented
by the parties. The provisions of the County and Municipal Investigations
Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
(c)
Testimony. The testimony of all witnesses shall
be taken under oath or affirmation by the presiding officer and the
right of cross-examination shall be permitted to all interested parties
through their attorneys, if represented, or directly, if not represented,
subject to the discretion of the presiding officer and to reasonable
limitations as to time and number of witnesses.
(d)
Evidence. Technical rules of evidence shall
not be applicable, but irrelevant, immaterial or unduly repetitious
evidence may be excluded.
(e)
Records. The Board shall provide for the verbatim
recording of the proceedings by either stenographer, mechanical or
electronic means. The Board shall furnish a transcript or duplicate
recording in lieu thereof, upon the request of any interested party,
at his expense.
(f)
Certified court reporter. If an applicant desires
a certified court reporter, the cost of recording testimony and transcribing
it and providing a copy of the transcript to the Borough shall be
at the expense of the applicant, who shall also arrange for the reporter's
attendance.
(g)
When any application before the Board requires
hearings at two or more meetings, a member of the Board who was absent
for one or more of the meetings shall be eligible to vote on the matter,
provided that such member has received a transcript or recording of
the meeting(s) from which he/she was absent and certifies, in writing,
to the Board that he/she has read such transcript or listened to such
recording.
(8)
Complete application and commencing applicable time
periods.
(a)
An application for development shall be complete
for purposes of commencing the applicable time period for action at
the time the application is certified complete by the Board. In the
event the application is not certified 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, after which the
applicable time period for acting on the application shall begin,
unless:
(b)
The applicant may request that one or more of
the submission requirements be waived, in which event, the approving
authority shall grant or deny the request within 45 days.
(c)
Nothing herein shall be construed as diminishing
the applicant's obligation to prove that he is entitled to approval
of the application.
(d)
The Board may subsequently require correction
of any information found to be in error, submission of additional
information not specified in the ordinance, and revisions in documents
as are reasonably necessary to make an informed decision on whether
the requirements have been met. The application shall not be deemed
incomplete for lack of any such additional information or revisions
required by the Board.
(9)
Decisions.
(a)
Each decision on an application for development
shall be reduced to writing, including findings of fact and conclusions
thereon, by:
[1]
A resolution adopted at a meeting held within
the required time period for action on the application; or
[2]
A memorializing resolution adopted at a meeting
held not later than 45 days after the date of the meeting at which
the Board voted to grant or deny approval. Only the members who voted
for the action taken may vote on the memorializing resolution, and
the vote of a majority of such members present at the meeting at which
the resolution is presented for adoption shall be sufficient to adopt
the resolution.
(b)
An action resulting from the failure of a motion
to approve an application shall be memorialized by a resolution, as
provided above, with those members voting against the motion for approval
being the members eligible to vote on the memorializing resolution.
(c)
The vote on any such resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board. However, the date of the adoption of the resolution shall constitute the date of the decision for purposes of mailings, filings and publications and set forth in § 335-17, Public hearings and notices. If the Board fails to adopt a resolution or memorializing resolution, any interested party may apply to the Superior Court in a summary manner for an order compelling the Borough agency to reduce its findings and conclusions to writing within a stated time, and the cost of the application, including attorney's fees, shall be assessed against the Borough.
(10)
[3]Site Plan Review Advisory Board. The Planning Board Chairperson
shall appoint three members of the Planning Board to serve on the
Site Plan Review Advisory Board and designate one as the Advisory
Board Chairperson. The Zoning Officer shall also serve on the Site
Plan Review Advisory Board. The Planning Board Engineer and Attorney
will provide services on an as-needed basis. Persons appointed to
the Advisory Board shall have no power to vote or take action required
by the Planning Board. The Advisory Board shall review subdivision
and site plan applications and any other functions which the Planning
Board may refer to it to identify compliance or noncompliance with
this chapter and to make recommendations to the Planning Board.
[Added 3-1-2010 by Ord. No. 2010-01]
[3]
Editor's Note: Former Subsection C(10), Development Committee,
was repealed 5-5-2008 by Ord. No. 2008-04.
(11)
Economic Development Committee. The Economic Development Committee shall review any application for development within which the Central Business District design standards apply (see § 335-35.1A). The Committee shall provide advice to applicants and the Board concerning the compliance of the application for development with the design standards. Persons on the Committee shall have no power to vote or take any action required by the Board unless otherwise an appointed member of said Board. Nothing herein shall extend the time within which the Planning Board shall act pursuant to N.J.S.A. 40:55D-1 et seq.
[Added 10-4-2010 by Ord. No. 2010-12]
The approving authority shall set the date for
and conduct a public hearing on each application for development,
except that the approving authority may waive the required notices
and hearing for minor and exempt subdivisions and minor and exempt
site plans unless a variance or conditional use is part of the application.
All public hearings shall follow the requirements of the Municipal
Land Use Law as summarized below (N.J.S.A. 40:55D-10, 40:55D-11 and
40:55D-12):
A.
Any maps and documents submitted for approval shall
be on file and available for public inspection at least 10 days before
the hearing date during normal business hours in the office of the
administrative officer.
B.
Each decision on any application shall be in writing
and shall include findings of facts and conclusions based thereon.
C.
A copy of the decision shall be mailed by the approving
authority within 10 days of the date of the decision to the applicant
or, if represented by an attorney, then to the attorney, and a copy
shall also be filed in the office of the administrative officer. A
brief notice of the decision shall also be published in the official
newspaper of the Borough, the publication of which shall be arranged
by the administrative officer. The period of time in which an appeal
of the decision may be made shall run from the first publication of
the decision.
D.
All notices 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,
and a reference to lot and block numbers and the location and time(s)
at which any maps and documents are available for public inspection.
All notices shall include references to any and all requests for variances
or directions for the issuance of a permit.
E.
All public hearing dates shall be set by the approving
authority, but all hearing notices shall be the responsibility of
the applicant and shall be given at least 10 days prior to the hearing
date.
(1)
Public notice of a hearing on each application for
development shall be given by publication in the official newspaper
of the Borough, if there be one, or in a newspaper of general circulation
in the Borough.
(2)
Notice shall be given to the owners of all real property,
as shown on the current tax duplicate, located within 200 feet in
all directions of the property which is the subject of such hearing.
This notice shall be given by either serving a copy thereof on the
property owner, as shown on the current tax duplicate, or his agent
in charge of the property or mailing a copy thereof by certified mail
to the property owner at his address, as shown on the current tax
duplicate.
(3)
Notice to a partnership owner may be made by service
upon any partner. Notice to a corporate owner may be made by service
upon its president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
(4)
Notice of all hearings on applications for development
involving property located within 200 feet of an adjoining municipality
shall be given by personal service or certified mail to the Clerk
of such municipality.
(5)
Notice of hearings on applications of approval of
a major subdivision or a major site plan requiring public notice pursuant
to N.J.S.A. 40:55D-12a shall be given, in the case of a public utility,
cable television company or local utility which possesses a right-of-way
or easement within the Borough and which has registered with the Borough
in accordance with N.J.S.A. 40:55D-12.1, by serving a copy of the
notice on the person whose name appears on the registered form on
behalf of the public utility, cable television company or local utility
or mailing a copy thereof by certified mail to the person whose name
appears on the registration form at the address shown on that form.
The administrative officer shall adopt a registration form and shall
maintain a record of all public utilities, cable television companies
and local utilities which have registered with the Borough pursuant
to N.J.S.A. 40:55D-12.1a. The registration form shall include the
name of the public utility, cable television company or local utility
and the name, address and position of the person to whom the notice
shall be forwarded as required by N.J.S.A. 40:55D-12h. The information
contained therein shall be made available to any applicant, as provided
in N.J.S.A. 40:55D-12c. There is hereby imposed upon each public utility,
cable television company, and local utility which registers in accordance
with this section a registration fee of $10 as permitted by N.J.S.A.
40:55D-12.1c.
(6)
Notice shall be given by personal service or certified
mail to:
(a)
The County Planning Board where the hearing
concerns a property adjacent to an existing county road or proposed
road shown on the Official County Map or on the County Master Plan,
adjoining other county land or situated within 200 feet of a Borough
boundary.
(b)
The Commissioner of Transportation where the
hearing concerns a property adjacent to a state highway.
(c)
The Director of the Division of State and Regional
Planning where the hearing concerns a property which exceeds 150 acres
or exceeds 500 dwelling units, and the notice to the Director shall
include a copy of any maps or documents required to be on file with
the administrative officer.
F.
The applicant shall file an affidavit of proof of
service with the Borough agency holding the hearing. Any notice made
by certified mail shall be deemed complete upon mailing.
A Citizens Advisory Committee is hereby created
pursuant to N.J.S.A. 40:55D-27. The Committee shall consist of three
members appointed by the Mayor who shall serve at the pleasure of
the Mayor. Persons appointed to said Committee shall have no power
to vote or take any action required by the approving authority. The
Advisory Committee shall review subdivision and site plan applications
and any other functions which the approving authority may refer to
it to identify compliance or noncompliance with this chapter and to
make recommendations to the approving authority.
A.
In case any structure is erected, altered, converted or maintained, or any structure or land is used in violation of this chapter, the Borough or an interested party may institute appropriate action to prevent such unlawful erection, alteration, conversion, maintenance or use; restrain, correct or abate such violation; prevent the occupancy of said structure or land; and prevent any illegal act, conduct, business or use in or about such premises. Any person convicted of such violations before a court of competent jurisdiction shall be subject to the penalties set forth at § 335-11.1.
[Amended 11-2-2006 by Ord. No. 2006-20]
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
approval, any land which forms a part of a subdivision for which Borough
approval is required, such person shall be subject to a penalty not
to exceed $1,000, and each lot disposition so made may be deemed a
separate violation.
C.
Civil action.
(1)
In addition, the Borough may institute and maintain
a civil action:
(a)
For injunctive relief.
(b)
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 Borough Planning Board remains in effect and only if the ordinance
governing subdivision and site plan standards and procedures remains
in effect in accordance with N.J.S.A. 40:55D-38.
(c)
In the event that the Borough is successful
in instituting and maintaining any such civil litigation, then the
party against whom said litigation was instituted and from and against
whom said relief was sought shall be responsible for reasonable counsel
fees and costs of said litigation incurred by the Borough in the course
of pursuing and maintaining said action.
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.
[Added 3-1-2010 by Ord. No. 2010-01[1]]
A.
Prior to the filing of a formal application, the Site Plan Review
Advisory Board may meet and review a proposed application, whether
for preliminary, final, general development plan, conditional use,
or change of use.
B.
Prior to being heard by the Planning Board, all applications, whether
for preliminary, final, general development plan, conditional use,
or change of use approval, may be presented to the Site Plan Review
Advisory Board for review.
C.
Conduct of the Site Plan Review Advisory Board meeting.
(1)
Prior to the filing of a formal application. The Site Plan Review
Advisory Board meeting is a working session between the Advisory Board
and the applicant. The meeting is used to provide the applicant with
a comprehensive review of the application, to provide insight as to
the deficiencies of the plan and to offer suggestions and recommendations
for the improvement of said plan, to analyze the application to help
in determining completeness, and to comment on the acceptability of
the proposed plan. It is not a public hearing and need not be advertised.
It is not a formal review, and no minutes will be kept nor action
taken.
(2)
After the filing of a formal application. The Site Plan Review Advisory
Board meeting is a working session between the Advisory Board and
the applicant. The meeting is used to provide the applicant with a
comprehensive review of the application, to provide insight as to
the deficiencies of the plan and to offer suggestions and recommendations
for the improvement of said plan, to analyze the application to help
in determining completeness, and to comment on the acceptability of
the proposed plan. It is not a formal review, and no minutes will
be kept nor action taken except as otherwise provided for herein.
It is not a public hearing and need not be advertised unless members
of the Planning Board are in attendance. The Zoning Officer shall
be considered an officer of the Borough of Berlin and not a member
of the Planning Board for purposes of attendance at the Site Plan
Review Advisory Board.
(3)
Attendance by the applicant or the applicant's representatives is
not mandatory but is strongly encouraged.
(4)
The members of the Site Plan Review Advisory Board will review an
application and will offer comments to the applicant. The Administrative
Officer and/or his or her representative will prepare a report of
all the outstanding review issues that remain to be addressed by the
applicant.
D.
Upon completion of review of an application by the Site Plan Review
Advisory Board, the application shall be scheduled before the Planning
Board.
[1]
Editor's Note: This ordinance also superseded former § 355-20,
Development Review Committee, added 7-7-2008 by Ord. No. 2008-07.
[Added 12-18-2002 by Ord. No. 2002:18]
A.
Purpose. The opportunity to submit a general development
plan (GDP) is intended to provide a means to coordinate long-range
public and private planning of large-scale development projects in
those zoning districts where GDP's are permitted. Approval of a GDP
is intended to provide protections as set forth in N.J.S.A. 40:55D-45.1
prior to preliminary and final site plan and/or subdivision approvals.
Approval of a GDP is separate, and must be acted upon separately,
from preliminary and final site plan/or subdivision approvals.
B.
Eligibility.
(1)
Applicants of large tracts of land shall be permitted
to file a GDP application prior to, or simultaneously with, the filing
of a preliminary subdivision or site plan application provided all
the requirements are met for each form of application. For purposes
of this chapter, "large tracts of land" as used herein shall mean
tracts of 100 acres or greater.
(2)
Applicants may submit GDP plans for review and approval
simultaneously with separate site plan and/or subdivision applications
that may, or may not, contain conditional use and/or variance requests
for any phase of the GDP.
C.
Filing procedures; items required.
(1)
The applicant shall file with the Administrative Officer
at least 21 days prior to the meeting of the reviewing board at which
such application is to be considered; 15 black-on-white copies of
the GDP in plat form together with any supporting data, two completed
copies of the application form, two copies of the Berlin Borough Land
Development Review Submission Checklist[1] indicating a submission of all requirements for GDP approval
along with two copies of all items required for such approval as set
forth on such checklist and the applicable fees. All plats shall be
folded to file folder size with the title block facing out.
[1]
Editor's Note: Said checklist is on file in
the Borough offices.
(2)
The plat and accompanying written and other data and
reports shall be prepared by appropriate professional experts, licensed
by the State of New Jersey when applicable, in sufficient detail to
allow for reasonable review by the reviewing board's own experts at
the applicant's expense and shall include the following:
(a)
Be clearly and legibly drawn.
(b)
Graphic scale not less than one inch equals
200 feet. If more than one sheet is required, a separate sheet showing
the overall site on one sheet shall be submitted as a cover page to
the complete set of plans. Sheet sizes shall be no larger than 36
inches by 42 inches.
(c)
As part of the land use plan, the GDP shall
set forth the number of dwelling units, the amount of nonresidential
floor space, the residential density and the nonresidential floor
area ratio for the planned development, in its entirety, and by sections
according to any schedule which sets forth the timing of sections
of the development. The proposed land use plan shall indicate the
total tract area and the general locations of the land uses to be
included in the development, including existing and proposed lot lines
and the area of each lot. The total number of dwelling units by types
and locations and the nonresidential floor area by types and location
shall be delineated on the overall plan, and identified according
to any proposed sections of development according to a timing schedule.
A legend shall identify the land area devoted to each land use type
with a calculation of the residential density and the gross floor
area within each section and in the overall tract.
(d)
A circulation plan showing the general location
and types of transportation facilities including pedestrianways, off-street
parking and loading spaces, aisles, driveways, and streets, as well
as proposed improvements to the existing transportation and highway
system, either on-site or off-tract, along with a report analyzing
the impact of traffic generated by the proposed GDP on nearby roadways.
(e)
An open space plan showing the proposed area
and general location of parks and any other land area to be set aside
for open space, wetlands, other conservation areas, recreational areas,
and buffer areas together with a general description of any improvements
proposed to be made thereon, including a plan for the operation and
maintenance of these areas and the design and layout of landscaping
as required by the Borough Landscape Ordinance. The submission shall
include the proposed governing documents and by-laws of any homeowners,
community or condominium association to be established.
(f)
A utility plan indicating the need for and showing
the proposed locations of the sewage collection and treatment system,
water supply and distribution system, drainage facilities, gas, CATV,
telephone and electric supplies, lighting, proposed methods of handling
solid waste disposal, the recycling of recyclable materials, and a
plan for the operation and maintenance of the proposed utilities.
(g)
The proposed, schematic stormwater management
plan and topographical survey setting forth the proposed method of
controlling and managing stormwater on-site and, if appropriate, related
off-tract stormwater management facilities.
(h)
An environmental inventory including a general
description of the vegetation and any major wooded areas; soil types;
topography; geology; surface hydrology including wetlands and wetland
buffer areas, stream corridors, floodways and flood hazard areas;
climate; cultural resources of the site; existing and manmade structures
or features; and the probable impact of the development on the environmental
attributes of the site.
(i)
A community facility plan indicating the scope
and type of supporting community facilities which may include, but
not be limited to, educational, cultural, historic, library, hospital,
fire house, police station, and recreation uses.
(j)
A housing plan setting forth the number of housing
units to be provided and the extent to which any housing obligation
assigned to the Borough under the Fair Housing Act and the rules of
the Council on Affordable Housing will be provided by the development,
if applicable.
(k)
A local service plan indicating those public
services which the applicant proposes to provide and which may include,
but are not limited to, water service, sewage collection and treatment,
electric, gas, telephone service, cable TV, solid waste collection
and disposal, and a plan for separation and recycling of recyclable
materials sufficient to allow a determination that adequate capacity
exists for such utilities.
(l)
A fiscal report estimating the demand on municipal
services to be generated by the development and any financial impacts
to be faced by the Borough or the local and regional school districts
as a result of the development including a projection of tax revenues
for the Borough, local and regional school districts, fire district
and county according to a projected timing schedule for completion
of the development.
(m)
A proposed timing schedule including the terms
and conditions intended to protect the interests of the public and
of the residents and nonresident occupants of any section of the development
prior to completion of each section as well as prior to completion
of the entire development. Each section of the development shall coordinate
the applicant's interest with the public interest in such things as
the size of each phase, financing costs, bonding and mixed uses with
logical infrastructure improvements that function properly at the
end of each section. Logical infrastructure shall include, but not
be limited to, the water distribution system and fire hydrants, sewage
collection and treatment system, coordinated on-site circulation systems,
off-tract road improvements, dedicated open space, stabilized soil,
and stormwater control facilities.
(n)
An estimate of the cost of completing required
public and common services including recreational amenities, circulation
system improvements, utility lines, community facilities, and such
other improvements as may be deemed necessary. This estimate shall
include the cost of all on-site improvements and a fair share of all
required off-site improvements.
(o)
A written, proposed, applicant's agreement between
the Borough and the applicant or its assignees. A draft agreement
shall be initiated by the applicant and submitted simultaneously with
the GDP application. Any revised draft shall be based upon the approval
of the GDP and shall be submitted prior to or as part of a preliminary
and/or final subdivision or site plan approval for any phase or section
of the development. The final agreement shall be executed following,
but as a condition of, final subdivision or site plan approval of
any phase or section of the development, and shall thereafter be amended,
as appropriate, for each subsequent phase or section of the development.
The agreement shall specify:
[1]
The length of time within which the zoning rights are vested, not to exceed the period(s) set forth in the reviewing board's resolution approving the GDP and in Subsection D(5) of this section; and
[2]
The applicant's commitments to completing any
applicable infrastructure improvements, community facilities, and,
if applicable, the method of participating in the Borough's housing
program.
[3]
Subject to the rights of the applicant pursuant
to N.J.S.A. 40:55D-45.1a and as referenced above, the applicant's
obligation to reasonably remedy environmental or infrastructure problems
identified by the Borough and required to be remedied as a result
of changes in applicable state or federal laws, ordinances or regulations.
[4]
The applicant's commitment to a phasing or timing
schedule that includes updating of traffic, water, sewer and similar
facilities as part of the submission of each preliminary and final
plat for each phase or section of the development in order to make
any necessary adjustments to the timing schedule and/or on-site or
off-tract improvements for the overall GDP based on actual experience
rather than initial projections. The agreement may provide the reviewing
board with the right to relieve the applicant of all or portions of
this obligation depending on how current the previous submissions
and the data have been, how much development has occurred either on-site
or in nearby areas and the degree to which other conditions affecting
the issues may have changed.
[5]
The form of agreement shall contain the right
of the Borough to require the applicant to provide updating or prior
studies at each phase of the development and to pay the costs of increased
or decreased fair share of on-site and off-tract improvements which
are required by the applicable law governing such improvements based
upon the pro rata share assigned to the applicant, in order to deal
with the need to accelerate, add, reduce or eliminate those improvements
directly due to the development.
[6]
The form of agreement shall provide for cooperation
in the execution of endorsements relating to permits for federal,
state, county or other governmental agencies, as permitted by law.
The applicant's agreement executed shall be recorded against the property
upon which the GDP approval is being obtained. Evidence of such recording
acceptable to the Borough Solicitor must be given by the Borough Clerk
before the Borough Clerk may sign the final site plan or subdivision
plans.
(p)
Nothing herein shall be construed to lessen
the applicant's obligation to abide by applicable state or federal
laws, ordinances and regulations such as environmental, infrastructure,
and housing requirements that changes might require modification to
the GDP approval relating to construction, funding, phasing, and/or
site plan design.
D.
Action by reviewing board; effect and duration for
GDP.
(1)
Prior to GDP approval, the reviewing board shall schedule
and conduct a public hearing on the matter. The applicant must comply
with the required requests for notice of a public hearing.
(2)
The reviewing board shall approve or deny the GDP
within 95 days of submitting a complete application, or within such
further time as may be consented to by the applicant. Failure of the
reviewing board to act within the period prescribed shall constitute
GDP approval. A GDP may be granted approval conditioned on necessary
county, state, municipal, or other approving or licensing agencies
acting favorably on, or issuing, their permits and/or licenses as
may be required.
(3)
The GDP approval does not authorize the applicant
to commence either construction or site work. The applicant must obtain
subdivision and/or site plan approval, as applicable, prior to the
commencement of either construction or site work.
(4)
The reviewing board shall find the following facts
and conclusions as part of a GDP approval:
(a)
The departures by the proposed GDP from zoning
otherwise applicable to the subject property conform to zoning ordinance
standards set forth for the GDP planned development for the zone in
which the property is located.
(b)
That proposals for maintenance and conservation
of any common open space are reliable, and the amount, location and
purpose of the common open space are adequate.
(c)
That provisions through the physical design
of the proposed GDP for public services, control over vehicular and
pedestrian traffic, and the amenities of light and air, recreation
and visual enjoyment are adequate.
(d)
The proposed GDP will not have an unreasonably
adverse impact upon the area in which it is proposed to be established.
(e)
A GDP proposed to be constructed over a period
of years has adequate terms and conditions intended to protect the
interests of the public and of the residents, occupants and owners
of the proposed development in the total completion of the development.
(5)
The reviewing board shall establish the term and effect
of the GDP. The GDP, once approved, shall vest in the applicant the
right to develop the specified number of dwelling units, the amount
of nonresidential floor space, the residential density, and the nonresidential
floor area ratio, as authorized by and for the term set forth in the
GDP. The terms and conditions of the GDP shall also, to the extent
specified, determine the extent and nature of the applicant's rights,
obligations and responsibilities with respect to circulation, on-
and off-tract improvements, open space, utilities, stormwater management,
environmental preservation, community facilities, housing and local
services.
(a)
The term of effect shall not exceed 20 years
from the date the applicant receives final approval of the first section
of the GDP, or such lesser time approved by the reviewing board provided
the approval period is at least five years. In making its determination
regarding the duration of the term of effect of the GDP approval,
the reviewing board shall consider the number of dwelling units or
amount of nonresidential floor area to be constructed, prevailing
economic conditions, the timing schedule to be followed in completing
the development and the likelihood of its fulfillment, the applicant's
capability of completing the proposed development, and the contents
of the GDP and any conditions the reviewing board attaches to the
approval thereof.
(b)
The approval maybe extended by the Planning
Board for good cause for additional two-year periods but the Planning
Board shall have the right to include with each extension a requirement
that the applicant comply with such additional conditions as the Planning
Board may deem appropriate and in the public interest. In no case
shall the term of the effect of the approval and any extensions exceed
20 years from the date upon which the applicant receives final approval
of the first section of the planned development.
(c)
The applicant shall, to the satisfaction of
the Borough, construct required improvements or post sufficient bond,
notes, or letters of credit, to insure that, in the event that the
development is not fully developed prior to the expiration of the
general development plan, that adequate recreational, circulation,
utility, and community facilities shall be provided to the residents
and occupants of those portions of the development which are completed.
(d)
Approval of the general development plan does
not relieve the applicant of the necessity to apply for preliminary
and final site plan or subdivision approval for each and every section
of the development and to fully comply with the requirements of this
chapter.
(e)
The Planning Board may condition approval upon
compliance with any reasonable condition not in violation of the terms
of this chapter or other applicable local, state or federal laws.
E.
Modifications to GDP or timing schedules.
(1)
If, after the approval of a GDP, the applicant wishes
to revise the timing schedule, or wishes to make any variation in
the location of land uses within the development, or to increase the
density of residential development or the floor area ratio of nonresidential
development in any section of the development, the applicant shall
be required to gain the prior approval of the reviewing board, except
that the applicant may reduce the number of residential units or amount
of nonresidential floor space by no more than 15%, or reduce the residential
density or nonresidential floor area ratio by no more than 15% provided,
however, that an applicant may not reduce the number of low- and moderate-income
residential units to be provided, if any, without the prior approval
of the reviewing board, and provided further there shall be no reduction
in the level of improvements, off-tract contributions, or similar
conditions of the GDP without prior approval of the reviewing board.
(2)
A revision to the timing schedule shall be reviewed
by the reviewing board and the granting or denial of any extensions
of time shall be based on the degree to which matters are judged to
be, or to have been, within the reasonable control of the applicant,
or the degree to which matters may have been beyond the control of
the applicant.
(3)
Upon acquiring a certificate of occupancy for every
residential unit and every nonresidential structure in each section
of the development as set forth in the approved GDP, the applicant
shall notify the Administrative Officer, by certified mail, as evidence
that the applicant is fulfilling his obligations under the approved
GDP. If the Borough does not receive such notification at the completion
of any section of the development, the Borough shall notify the applicant,
by certified mail, in order to determine whether or not the terms
of the approved plan are being complied with.
(4)
If the applicant does not complete any section of
development within eight months of the date provided for in the approved
GDP, or if at any time the Borough has cause to believe that the applicant
is not fulfilling his obligations pursuant to the approved GDP, the
Borough shall notify the applicant, by certified mail, and the applicant
shall have 10 days within which to give evidence that he is fulfilling
his obligations pursuant to the approved GDP. The Borough thereafter
shall conduct a hearing to determine whether or not the applicant
is in violation of the approved GDP. If after the hearing, the Borough
finds good cause to terminate the approval, it shall provide written
notice of same to the applicant and the approval shall be terminated
30 days thereafter.
(5)
In the event that an applicant who has GDP approval
does not apply for preliminary site plan or subdivision approval for
the planned development that is the subject of the GDP approval within
five years of the date upon which the GDP has been approved by the
reviewing board, the Borough shall have cause to terminate the approval.
For purposes of this chapter, the application for preliminary approval
within the five-year period as required herein will be satisfied by
submitting one or more applications for one or more sections of a
phased development within this five-year period, and will remain in
compliance provided subsequent preliminary plat submissions for further
sections of the development are submitted in a timely manner consistent
with the timing schedule approved as part of the GDP.
(6)
In the event that a development which is the subject
of an approved GDP is completed before the end of the term of the
approval, the approval shall terminate and the development shall be
considered complete on the date upon which the certificate of occupancy
has been issued for the final residential and nonresidential structure
in the last section of the development in accordance with the timing
schedule set forth in the approved GDP and the applicant has fulfilled
all his obligations pursuant to the approval.
