A.
An application shall not be scheduled for hearing
before the Planning and Zoning Board of Adjustment or Board, of Adjustment
until deemed complete in accordance with this section. Upon submittal,
the Clerk of the Board shall provide a copy of the application to
the Zoning Official, who shall submit a report to the Board. The Clerk
of the Board shall send a copy of the report for Major and Minor site
plan and/or subdivision applications to the Board's engineer.
B.
Applications that are exempt from Planning and Zoning
Board of Adjustment or Board of Adjustment review shall be subject
to Administrative Review.
The Clerk for the Board shall maintain an itemized
account for each application and shall supply a copy of the account
to an applicant upon request. The Chief Financial Officer of the Township
shall periodically advise the Clerk of the Board of the balance of
all escrow accounts and when additional funds are required. It shall
be the obligation of the Clerk of the Board to notify the applicant
of the amount needed and to notify the appropriate municipal board
of any refusal or failure to properly make any payments required.
A.
Publication of Decision -- $25.00
B.
List of adjoining property owners within 200 feet
- not to exceed $.25 per name or $10.00, whichever is greater.
C.
Extension of Approvals limited to one extension. Filing
fee -- $100.00. Escrow -- $150.00.
D.
Planning and Zoning Board of Adjustment informal review
of Conceptual Minor Subdivision or Site Plan shall be limited to one
30-minute appearance. If the applicant requests input from Board Engineer
and/or Solicitor, an Escrow of $200.00 shall be required.
E.
Planning and Zoning Board of Adjustment - Appeal of
Zoning Official's decision. Filing Fee -- $100.00. Escrow -- $150.00
F.
Planning and Zoning Board of Adjustment - Certification
of Preexisting Use. Filing Fee -- $50.00. Escrow -- $150.00
G.
Applications for each variance requested or required
under N.J.S.A. 40:55D-70(a), (b), (c), or (d). Filing Fee - Residential
-- $50.00, Nonresidential --- $100.00. Escrow - $150.00 (if input
from the Board Solicitor or Board Engineer is required)
H.
Application in accordance with Section 151-16. Filing Fee -- $100.00. Escrow - $1,000.00 (if input from the Board Solicitor or Board Engineer is required)
I.
Application in accordance with Section 151-12. Filing Fee -- $150.00. Escrow - $1,500.00 (if input from the Board Solicitor or Board Engineer is required)
J.
Applications in accordance with Section 151-14. Filing Fee -- $150.00. Escrow $1,000.00 (if input from the Board Solicitor or Board Engineer is required)
K.
Applications in accordance with Section 151-14. Filing Fee -- $100.00. Escrow $800.00 (if input from the Board Solicitor or Board Engineer is required)
L.
Applications in accordance with Section 151-16. Filing Fee -- $100.00. Escrow $200.00 (if input from the Board Solicitor or Board Engineer is required)
M.
Applications in accordance with Section 151-12. Filing Fee -- $200.00. Escrow -- $2,000.00 for first 5 lots plus $100.00 for each additional lot.
N.
Applications in accordance with Section 151-15. Filing Fee -- $150.00. Escrow -- $1,000.00 for first 5 lots plus $50.00 for each additional lot.
P.
All Conditional Uses require Planning and Zoning Board
of Adjustment including driveway construction permit review. Filing
Fee --- $50.00. Escrow -- $500.00 (if input from the Board Solicitor
or Board Engineer is required)
Q.
One Dollar per page for the first copy of each page,
plus $0.25 for each additional copy of said page.
R.
All duplication charges for copies of the audiotapes
of Planning Board and Zoning Board of Adjustment Hearings shall be
paid by the applicant directly to the duplication service.
S.
Copies of the Land Use & Development Regulations
and Zoning Map -- Ordinance -- $25.00 Zoning Map -$5.00
As a condition of approval, every applicant
for major subdivision and site plan approval shall be required to
produce evidence of a comprehensive general liability insurance policy
in an amount not less than $300,000.00 per occurrence, indemnifying
and saving harmless the Borough of Brooklawn, and its agencies, employees
and agents from any liability for any act of the developer or his
agents, contractor or employees in the implementing of the approved
plan. A certificate of insurance issued by an insurance carrier authorized
to conduct business within the State of New Jersey shall constitute
acceptable evidence of such coverage. The applicant shall be required
to maintain such insurance until all improvements are completed and,
if required, a final Certificate of Occupancy is provided.
For the purposes of this Chapter section, the
term “public improvements” shall mean streets, grading,
pavement, gutters, curbs, sidewalks, street lighting, street signs,
shade trees, surveyor's monuments, fire prevention features, water
mains, culverts, sewers, sanitary sewers or other means of sewage
disposal, drainage structures, erosion control and sedimentation devices,
landscaping, public improvements of open space, and other on-site
improvements.
A.
No final major subdivision application, whether for
an entire tract or a section thereof, shall be approved by the Board
until the satisfactory completion and performance of all required
public improvements has been certified to the Board by the Borough
Engineer unless the applicant has:
(1)
Satisfactorily completed all required utility installations
and their appurtenances, including water mains, drainage and detention
facilities, culverts, storm sewers, sanitary sewers or dry sewers
and public improvements of open space;
(2)
Satisfactorily completed all required grading and
the macadam base course surfacing of all streets.
(3)
Satisfactorily completed the construction of all required
curbs; and/or
(4)
Filed a performance guaranty in accordance with the
Land Use Ordinance, sufficient in amount to cover the cost of all
remaining required improvements, as estimated by the Borough Engineer,
and assuring the installation of said improvements on or before an
agreed date and as hereinafter provided.
B.
Except as hereafter provided, the remaining required
improvements shall be at least 50% complete as to each category set
forth in the performance guaranty within 1 year from the date of final
approval or by such time as 50% of the lots in the section in question
have been conveyed in any manner by the applicant, whichever shall
occur first. At least 75% of the remaining required improvements shall
be complete as to each category as set forth in the performance guaranty
within 18 months from the date of final approval, or at such time
as 75% of the lots in the section in question have been conveyed in
any manner by the applicant, whichever occurs first. Such improvements
shall be 100% complete and accepted by the Borough within 2 years
from the date of final approval or at such time as all of the lots
in the section in question have been conveyed in any manner by the
applicant, whichever occurs first. It is the intention of the Governing
Body that this requirement will provide, to those living in each new
section a subdivision, a lot that is as complete as possible with
respect to tract and individual lot improvements.
No final major site plan application, whether
for an entire tract or a section thereof, shall be approved by the
Board unless:
A.
The Borough Engineer has certified to the Board that
all public improvements required by the preliminary site plan approval
have been satisfactorily completed; or
B.
The applicant, with the approval of the appropriate
municipal board, has entered into a developer's elect to complete
all improvements without posting the required performance guaranty.
No construction shall be commenced until a revised plan incorporating
all conditions of approval is submitted and signed. The developer
shall still post the inspection escrow and notify the Borough Engineer
prior to commencement of work. The Borough shall have the power to
waive the requirement of an inspection escrow for minor site plans
only where the site improvements are established to be less than $3,500.00,
in which case the Borough building inspection staff shall perform
the inspections and notice of work to be commenced shall be given
to the Construction Code Official instead of to the Borough Engineer.
Whether or not an inspection escrow is required, all site improvements
under this subsection must be completed prior to the issuance of a
Certificate of Occupancy, or within 120 days of a Temporary Certificate
of Occupancy if the performance guaranty covering the balance of the
uncompleted improvements has been posted.
[Added 11-18-2013 by Ord. No. 4-13]
A.
Improvements to be constructed at the sole expense of the applicant.
In cases where reasonable and necessary need for an off-tract improvement
or improvements is deemed necessary by the Planning Board or is required
by the proposed development application and where no other property
owners receive a special benefit thereby, the Board may require the
applicant, as a condition of approval and at the applicant's expense,
to provide for and construct such improvement(s) as if such were on-tract
improvements in the manner provided hereafter and as otherwise provided
by law.
B.
Other improvements.
(1)
In cases where the need for any off-tract improvement is determined
by the Planning Board and where the Board determines that properties
outside the development will also be benefited by the improvement,
the Board shall forthwith forward to the Borough Council a list and
description of all such improvements together with its request that
the Council determine and advise the Board of the procedures to be
followed in the construction or installation thereof. The Board shall
act upon the development application within the prescribed time period,
subject to receipt of the Borough Council's determination or until
the expiration of 45 days after forwarding of such list and description
to the Council without such determination having been made.
(2)
The Borough Council, within 45 days after receipt of said list
and description, shall determine and advise the Planning Board whether:
(a)
The improvement or improvements are to be constructed or installed
by the Borough:
[1]
As a general improvement, the cost of which is
to be borne at general expense, except as hereinafter otherwise provided
as to a contribution thereto by the applicant; or
[2]
As a local improvement, all or part of the cost
of which is to be specially assessed against properties benefited
thereby in proportion to benefit conferred by the improvements in
accordance with law, except as hereinafter otherwise provided as to
a contribution thereto by the applicant; or
(b)
The improvement or improvements are to be constructed or installed
by the applicant under a formula for partial reimbursement as hereinafter
set forth.
(3)
If the Borough Council shall determine that the improvement or improvements shall be constructed or installed under the above Subsection B(2)(a)[1], the Planning Board shall estimate, with the aid of the Borough Engineer or such other persons as have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the proposed development, will be specially benefited thereby, and the applicant shall be liable to the Borough for such excess. Further, the Borough Council shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements in a manner consistent with the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above.
(4)
If the Borough Council shall determine that the improvement or improvements shall be constructed or installed under Subsection B(2)(a)[2] hereinabove, the Planning Board shall, as provided in Subsection B(3) above, estimate the difference between the total costs to be incurred and the total amount by which all properties to be benefited thereby, including the development property, will be specially benefited by the improvement, and the applicant shall be liable to the Borough therefor, as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. Further, the Borough Council shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements and the assessment of benefits arising therefor in a manner consistent with the obligation of the applicant with respect thereto, and proceedings under said ordinance shall be in accordance with law, except to the extent modified by the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth hereinabove.
(5)
If the Borough Council shall determine that the improvement or improvements are to be constructed or installed by the applicant under Subsection B(2)(b) hereinabove, the Planning Board shall, in like manner, estimate the amount of such excess, and the applicant shall be liable to the Borough therefor as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. However, the applicant shall be entitled to be reimbursed by the Borough for the amount of any special assessments against property other than the development property for benefits conferred by the improvement or improvements, such reimbursement to be made if, as and when the special assessments against such property are received by the Borough. Further, the Borough Council shall adopt an ordinance authorizing and providing for the assessment against all properties, including the development property, of benefits conferred by the improvement or improvements, and proceedings under said ordinance shall be in accordance with law. However, any such assessment against the development property shall be marked paid and satisfied in consideration of the construction or installations of the improvement or improvements by the applicant.
C.
Performance guaranties. The applicant shall be required to provide,
as a condition of final approval of the development application, a
performance guaranty running to the Borough, as follows:
(1)
If the improvement is to be constructed or installed by the applicant under Subsection A hereinabove or under Subsection B(2)(b) hereinabove, a performance bond with surety in an amount equal to 120% of the estimated cost of the improvement; or as to any part of said improvement that is to be acquired or installed by the Borough under said Subsection A, a performance bond equal to 120% of the estimated cost of such acquisition or installation by the Borough;
(2)
If the improvement is to be constructed by the municipality as a general improvement under Subsection B(2)(a)[1] hereinabove, a performance bond equal to 120% of the amount of the excess of the estimated cost of the improvement over the estimated total amount by which all properties, including the development property, will be specially benefited thereby; and
(3)
If the improvement is to be constructed by the Borough as a local improvement under Subsection B(2)(a)[2] hereinabove, a performance bond equal to 120% of the amount referred to in the preceding Subsection C(2) immediately above, plus 120% of the estimated amount by which the development property will be specially benefited by the improvement.
D.
Refund of deposit where improvements are not authorized within five
years. In any case in which an applicant shall deposit money with
the Borough for the completion of an improvement that is to be constructed
pursuant to this section by the Borough, the applicant shall be entitled
to a full refund of such deposit if the Borough Council shall not
have enacted an ordinance authorizing the improvement within five
years after the date all other development improvements are completed.
E.
Deposit of funds. All moneys paid by an applicant pursuant to this
section shall be paid over to the Borough Treasurer, who shall provide
a suitable depository therefor. Such funds shall be used only for
the improvements for which they are deposited or improvements serving
the same purpose.
F.
Determination of assessment upon completion of improvement. Upon
completion of off-tract improvements required pursuant to this section,
the applicant's liability hereunder shall be recalculated in accordance
with the actual, as compared with the estimated, cost of the improvements.
To the extent that such recalculation shall increase the amount of
any cash deposit made by the applicant hereunder, the applicant shall
forthwith pay the amount of such increase to the Borough. To the extent
that it shall decrease the amount thereof, the Borough shall forthwith
refund the amount of such decrease to the applicant. In cases where
improvements are specially assessed against all benefited properties,
recalculation shall be made by the Borough assessing authority in
the course of the special assessment proceedings. In other cases it
shall be made by the Borough Engineer.
A.
A performance guaranty estimate shall be prepared
by the Borough Engineer for review and approval, setting forth all
required improvements as determined by the Board and their estimated
cost. No performance guaranty shall be required for the installation
of utilities when they will be installed by the applicable utility
company. Any adjustments in the amount of the guaranty shall be approved
by resolution of the Governing Body.
B.
The cost of the installation of the required improvements
shall be estimated by the Borough Engineer based on documented construction
costs for public improvements prevailing in the Borough.
C.
The applicant shall present 2 copies of the performance
guaranty, in an amount equal to 120% of the approved construction
cost estimate, for approval as to form and execution by the Municipal
Attorney. Additional copies of the performance guaranty shall be forwarded
by the owner to the appropriate municipal board. The performance guaranty
estimates, as prepared by the Borough Engineer and approved by the
Governing Body, shall be appended to each performance guaranty posted
by the obligor.
D.
The performance guaranty shall be made payable and
deposited to the Borough and shall be in the form of cash, irrevocable
letter of credit, certified check, or performance bond, from an acceptable
surety company licensed to do business in the State of New Jersey,
in which the applicant shall be a principal. The Borough shall issue
its receipt of such deposits. Deposits shall automatically renew for
one year periods and shall be retained as security for completion
of all required work until the Borough provides a Resolution that
the required work has been completed or, in the event of default on
the part of the applicant, shall be used by the Borough to pay the
cost and expense of completing all requirements. Upon receipt of the
Resolution from the Borough that the work has been completed satisfactorily
the deposits shall be returned to the applicant.
E.
Ten percent of the amount of the approved performance
guaranty shall be deposited by the applicant in cash with the Borough.
The remaining 90% may be in cash, irrevocable letter of credit or
surety bond. In the event of default, to 10% cash shall be applied
to the completion of the requirements and any bidding and legal costs
associated therewith. If the 10% cash is insufficient, the remaining
90% cash, letter of credit or surety bond shall be used for the completion
of the requirements and any additional bidding and legal costs associated
therewith.
The time allowed for the installation of the
improvements for which the performance guaranty has been provided
may be extended by the Governing Body by resolution, provided that
the current cost of installation of such improvements shall first
be re- determined by the Borough Engineer, and if such current cost
is found to be greater than the cost originally determined, the applicant
shall be required to increase the amount of the performance guaranty
to an amount equal to 120% of the installation cost as re-determined.
In the event the re-determined cost shall be less than the cost as
original determined, and in further event that the applicant's performance
guaranty exceeds 120% of such re-determined costs, the applicant shall
be entitled to a reduction of the performance guaranty to an amount
equal to 120% of such re-determination.
If the required improvements are not completed
or corrected in accordance with the performance guaranty, the obligor
and surety, if any, under the performance guaranty shall be liable
to the Borough for the cost of the improvements not completed or constructed,
and the Borough, either prior to or after receipt of the proceeds
thereof, may complete the improvements. Such completion or correction
of improvements shall be subject to the public bidding requirements
of the Local Public Contracts Law, P.L. 1971, c. 198. For the purposes
of this subsection, “default” shall mean failure to install
the improvements in accordance with the Borough standards of construction,
including but not limited to failure to install the improvements prior
to the expiration of the performance guaranty. The Borough Engineer's
certification that the developer has defaulted in compliance with
the required standards of construction and installation of improvements
shall be the basis for Governing Body action which rejects the improvements,
withholds approval, withholds construction permits or formally declares
default and authorizes collection on the performance guaranty.
In addition to penalties for violation in accordance
with the Land Use Ordinance, the Borough Engineer is specifically
authorized to require the replacement of any lands, buildings, structures
and site improvements (including clearing, whether on site or off
site), or of any other work commenced or continued on any site in
violation of any stop- construction order or the standards for construction
as established by the Borough.
