Township of Bernards, NJ
Somerset County
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Table of Contents
Table of Contents
A final submission is required of all development plans approved at the preliminary submission stage.
[Ord. #585, § 709]
[Ord. #585, § 709A]
a. 
Within three years after the date of preliminary approval, the applicant shall submit to the Board Secretary after the fifteenth day of the calendar month preceding the first regularly scheduled monthly meeting of the Board which granted preliminary approval, but not later than the first day of the calendar month in which such meeting is to be held, 18 copies of the application package, including the completed application form, plans and support documents in accordance with Subsection 21-55.2 below, and the fee in accordance with Article IX of this chapter.
[Ord. #1429, 5-29-2001, amended]
b. 
The Board shall certify the application as complete or direct the Board Secretary to notify the applicant in writing of any deficiencies within 45 days of the submission. If the application has been found to be complete, the Board Secretary shall forward two copies of the resolution to the County Planning Board for review and action. If the application has been found to be incomplete, the Board Secretary shall notify the applicant in writing and the applicant may submit an appropriately revised application as in the first instance.
[Ord. #1456, 4-10-2001, amended; Ord. #1429, 5-29-2001, amended]
c. 
At the direction of the Planning Board or the Zoning Board of Adjustment, or at the suggestion of the Technical Coordinating Committee, additional copies of the submission may be forwarded to other individuals, offices and agencies for information, review and comment.
[Ord. #585, § 709B; Ord. #760, § 55; Ord. #1429, 5-29-2001, amended]
(A checklist is attached as Appendix C, Article III, at the end of this chapter.)
a. 
All details stipulated in Subsection 21-54.4 of this chapter except those which were specifically waived by the Board at the time of the preliminary submission.
b. 
All additional details required at the time of preliminary approval and/or set forth as a requirement for final approval in the resolution memorializing the preliminary approval.
c. 
Detailed architectural and engineering data including:
1. 
An architect's rendering of each building and sign, or of a typical building and signs, showing front, side and rear elevations.
2. 
Final cross sections, profiles and established grades of all streets, aisles, lanes and driveways and construction documents (plans and specifications or reference to specifications) for all public improvements.
3. 
Final plans and profiles of all storm and sanitary sewers and water mains.
4. 
All dimensions of the exterior boundaries of any subdivision, balanced and closed to a precision of one to 10,000 and the dimensions of all lot lines to within one to 20,000. All dimensions, angles and bearings must be tied to at least two permanent monuments not less than 300 feet apart and all information shall be indicated on the plat. At least one corner of the subdivision shall be tied to U.S.C. and G.S. benchmarks with data on the plat as to how the bearings were determined.
5. 
Proposed street names.
d. 
The final submission shall be accompanied by the following documents:
1. 
A Final Application Comparison Report. This report shall define the development plan for the phase being submitted for approval and include the following, stating any differences between the final development plan and the development plan receiving preliminary approval:
(a) 
The total number of dwelling units to be constructed.
(b) 
The number by type of dwelling units to be constructed.
(c) 
The amount of square feet of nonresidential uses to be constructed.
(d) 
The number by type of community facilities and/or structures to be constructed.
(e) 
The amount of open space to be preserved.
(f) 
The nature and cost of public improvements to be provided.
(g) 
The anticipated value of residential and nonresidential construction.
(h) 
A comparison to the development schedule report as approved in the preliminary development plan for the applicable phase. This comparison shall note any changes or variations from the approved submission and indicate the scope of the changes. If applicable, a report documenting the nature and reasons for the changes shall also be submitted.
(i) 
The finalized landscape plan and associated documentation pursuant to Sections 21-43 through 21-45, inclusive.
[Ord. #1357, 6-29-1999, added]
2. 
Organization Documents. These documents shall include, if applicable:
(a) 
Articles of incorporation for any homeowners' association, condominium association or other organization to maintain the common open space or community facilities.
(b) 
Bylaws and membership rules and regulations of any such organization, defining its rights, duties and responsibilities.
(c) 
A copy of the master deed detailing the rights and privileges of individual owners of common property.
(d) 
A copy of all materials submitted to the Department of Community Affairs as required by the New Jersey Planned Real Estate Development Full Disclosure Act Regulations and evidence of the status of acceptance of and/or approval by the Department of Community Affairs. Review by the Board of these materials shall be for informal purposes only and is not intended to imply approval or acceptance, which shall be the full responsibility of the State of New Jersey.
(e) 
Final approval may be conditioned upon submission of the documents listed in Subparagraphs d2(a), (b), (c) and (d) above for review and comment by the Board or, if Subparagraphs d2(a), (b) and (c) above are to be used as a guaranty for the maintenance of common elements, final approval may be conditioned upon approval of the applicable portions of these documents by the Board.
(f) 
Covenants or easements restricting the use of the common open space or elements.
(g) 
Covenants or agreements requiring homeowners or residents to pay the organization for the maintenance of the common open space and/or community facilities. This shall include a proposed schedule of membership fees for at least the first three years of operation.
3. 
Other Covenants and Easements. These documents shall include any easements or covenants affecting any land in the development.
4. 
Maintenance Agreements. If there is to be no homeowners' association, condominium association, open space organization or similar arrangement for the maintenance of common facilities, the developer shall furnish an agreement under which private roads and other facilities will be maintained, refuse collected and other supplementary services provided, and the same shall be submitted to and approved by the Board.
5. 
Offer of Dedication. Any offer of dedication shall include all legal requirements for valid dedication to the Township or, where appropriate, to another governmental body of roads or other improvements intended for public ownership.
6. 
Performance guaranty. Unless improvements are completed prior to final approval, a performance guaranty shall be posted in the amount and in the form required by the Township as set forth in Article IX of this chapter.
7. 
Certification from the Tax Collector that all taxes are paid to date.
8. 
Certification that the applicant is the owner of the land or the owner's authorized agent or that the owner has given consent under an option agreement.
9. 
Certification from the administrative officer that all fees required at the time of filing have been paid.
10. 
A copy of a letter to the Technical Coordinating Committee requesting a statement that it is in receipt of a map showing all utilities in exact locations and elevations; that it has examined the drainage plan and found that the interests of the Township and of neighboring properties are adequately protected; and that it has identified those portions of any utilities already installed and those to be installed. The applicant shall certify in writing to the Board that he has:
(a) 
Installed all improvements in accordance with the requirements of this chapter; and/or
(b) 
Posted a performance guaranty in accordance with Article IX of this chapter.
11. 
A copy of a letter to the TCC requesting a statement that all improvements installed prior to application for final approval have been inspected as provided in Article IX of this chapter, and that such improvements meet the requirements of the Township. Any improvements installed prior to application for final approval that do not meet or exceed Township standards shall be factored into the required performance guaranty.
e. 
The applicant shall provide, at a scale of one inch equals 100 feet, a Mylar showing all proposed topographic features, including contours at two-foot intervals according to the New Jersey Plane Coordinate System Grid, prior to the release of any performance guaranties. The Mylar may be a photographic reproduction of the approved development plan, showing building location, site grading, site drainage and public and private roadway pavement.
f. 
The applicant shall provide one Mylar of the final subdivision at the same scale as the current Tax Map.
[Ord. #585, § 709C; Ord. #1103, § 47]
a. 
Except for the County Planning Board, all individuals, offices and agencies to which copies of the submission were forwarded shall submit their comments and recommendations to the Board within 14 days of their receipt of the submission.
[Ord. #1456, 4-10-2001, amended]
b. 
Upon the certification by the Board of the completeness of an application for final approval, the Board shall grant or deny final approval within 45 days of the date of such submission or within such further time as may be consented to in writing by the developer. Failure of the Board to act within 45 days or such further time as agreed to in writing by the applicant shall constitute final approval. In such case, the Board shall certify the submission date of the complete application and the failure of the Board to act within the specified time period, and this certification shall be sufficient in lieu of formal action by the Board.
[Ord. #1456, 4-10-2001, amended]
c. 
If the Board acts favorably on the final submission, the Chairman and the Secretary of the Board (or acting Chairman and Secretary where either or both may be absent) shall affix their signatures to at least eight copies and a reverse sepia of the development plan with a notation that it has been approved. The applicant shall furnish such copies and reverse sepia to the Board for signing. In the case of final subdivisions only, the applicant shall also include at least two Mylar copies of the approved development plan. In all cases, the applicant shall furnish a Mylar original of all drawings submitted for preliminary and final approval.
d. 
After approval of the final plat or plan by the Board, copies of the signed plat or plan shall be furnished by the Secretary of the Board to each of the following within 10 days from the date of decision:
[Ord. #1456, 4-10-2001, amended]
1. 
Construction official;
2. 
Zoning Officer;
3. 
Township Engineer (Mylar);
4. 
Tax Assessor;
5. 
Board files (Mylar);
6. 
Applicant;
7. 
Such other municipal, county or state agencies or officials as directed by the Board.
e. 
In the case of a subdivision, within 95 days of the date of signing, the developer shall file a copy of the approved final development plan with the County Clerk. In the event of failure to file within the 95 days, the approval of the subdivision shall expire and further proceedings shall require the filing of a new development plan as in the first instance. The Board, for good cause shown, may extend the time for filing for an additional 95 days.
f. 
If the Board, after consideration and discussion of the final submission, determines that it is unacceptable, a notation shall be made by the Chairman of the Board (or Acting Chairman in his absence) to that effect on the development plan and the resolution of memorialization shall set forth the reasons for such rejection. One copy of the development plan and the resolution shall be returned to the applicant within seven days of the date of decision.
[Ord. #585, § 709D]
Final approval of a development plan shall confer upon the applicant the following rights for a two-year period from the date of final approval:
a. 
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed.
b. 
If the developer has followed the standards prescribed for final approval, the Board may extend the protection for periods of one year each, not exceeding three such extensions.
c. 
In the case of a subdivision or site plan for a planned development involving 50 acres or more or for a conventional subdivision or site plan involving 150 acres or more, the Board may grant the rights associated with final approval for such period of time, longer than two years, as it shall deem reasonable considering the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions, and the comprehensiveness of the development. The applicant may thereafter apply for and the Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable considering the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
[Ord. #1433, 12-26-2000, added; Ord. #1429, 5-29-2001, amended]
Prior to the issuance of any certificate of occupancy associated with an approved application, or prior to filing any map/deed (if the application does not involve new construction), the applicant shall submit to the Board Secretary digital copies of all maps, plans, documents and any other information submitted with the application. These digital copies shall be in the format(s) specified in Appendix A, Article VII, Digital Submission Standards, found at the end of this chapter.