[Added 6-9-1980 by Ord. No. 0-80-6]
At the request of the developer, the Planning
Board shall grant an informal review of a concept plan for a development
for which the developer intends to prepare and submit an application
for development. The developer shall not be required to submit any
fees for such informal review. The developer shall not be bound by
any concept plan for which review is requested, and the Planning Board
shall not be bound by any such review.
A.
Preliminary approval of a major subdivision or a site plan shall, except as provided in Subsection B of this section, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
(1)
That the general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited
to: use requirements; layout and design standards for streets, curbs
and sidewalks; lot size; yard dimensions; off-tract improvements;
and, in the case of a site plan, any requirement peculiar to site
plan approval; except that nothing herein shall be construed to prevent
the Township from modifying by ordinance such general terms and conditions
of preliminary approval as relate to public health and safety.
(2)
That the applicant may submit for final approval on
or before the expiration date of preliminary approval the whole or
a section or sections of the preliminary subdivision plat or site
plan, as the case may be.
(3)
That the applicant may apply for and the Planning
Board may grant extensions of such preliminary approval for additional
periods of at least one year but not to exceed a total extension of
two years; provided that if the design standards have been revised
by ordinance, such revised standards may govern.
B.
In the case of a subdivision of or site plan for an
area of 50 acres or more, the Planning Board may grant the rights
referred to in the above subsections of this section for such period
of time longer than three years as shall be determined by the Planning
Board to be reasonable, taking into consideration: the number of dwelling
units and nonresidential floor area permissible under preliminary
approval, economic conditions and the comprehensiveness of the development.
The applicant may apply for thereafter and the Planning Board may
thereafter grant an extension to preliminary approval for such additional
period of time as shall be determined by the Planning Board to be
reasonable, taking into consideration: the number of dwelling units
and nonresidential floor area permissible under preliminary approval,
the potential number of dwelling units and nonresidential floor area
of the section or sections awaiting final approval, economic conditions
and the comprehensiveness of the development; provided that if the
design standards have been revised, such revised standards may govern.
A.
The zoning requirements applicable to the preliminary
approval of a major subdivision or a site plan first granted and all
other rights conferred upon the developer by the preliminary approval
thereof, whether conditionally or otherwise, shall not be changed
for a period of two years after the date of final approval; provided
that in the case of a major subdivision the rights conferred by this
article shall expire if the final plat has not been duly recorded
with the Middlesex County Clerk within the time period specified in
this chapter.
B.
If the applicant has followed the standards prescribed
for final approval and, in the case of a subdivision, has duly recorded
the plat with the Middlesex County Clerk, the Planning Board may extend
such period of protection for extensions of one year but not to exceed
three extensions.
C.
Notwithstanding any other provisions of this article,
the granting of final approval terminates the time period of protective
rights attaching to preliminary approval for the section or sections
of the subdivision or site plan granted final approval.
D.
In the case of a subdivision or site plan for a planned development of 50 acres or more or a conventional subdivision or site plan for 150 acres or more, the Planning Board may grant the rights referred to in Subsection A. of this section for such a period of time longer than two years as shall be determined by the Planning Board to be reasonable, taking into consideration: the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration: 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.
The Planning Board, when acting upon applications
for preliminary or minor subdivision approval or upon applications
for preliminary site plan approval, shall have the power to grant
such exceptions from the requirements for subdivision or site plan
approval as may be reasonable and within the general purpose and intent
of the provisions of this chapter for subdivision or site plan review
and approval if the literal enforcement of one or more of such provisions
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
[Added 6-11-2008 by Ord. No. 0-08-10]
A.
Any application to the Township of Plainsboro's Planning
Board for subdivision or site plan approval for the construction of
multifamily dwellings of three or more units, single-family developments
of 50 or more units or any commercial, institutional or industrial
development utilizing 1,000 square feet or more of land must include
a recycling plan. At a minimum, the plan must contain the following:
(1)
A detailed analysis of the expected composition
and amounts of solid waste and recyclables generated at the proposed
development and the method(s) for removing said items.
(2)
The locations where recyclable materials will
be deposited. These locations must provide for convenient recycling
opportunities for all owners, tenants and occupants. These locations
shall be convenient, of sufficient size, at least 12 cubic feet per
unit for multifamily dwellings, have proper signage, appropriate lighting,
fencing if located outside and ventilation if located inside. Nonresidential
facilities must document generation areas, storage areas and methods
of transporting recyclables from area to area.
(3)
Locations designated as storage areas shall
meet or exceed all Township fire, building and health codes.
(4)
Locations shall be suitable for the removal
of recyclables by the appropriate party. If located outside, the area
shall be screened from view and have containers with lids that prevent
the recyclables from gathering water.
(5)
The owner/tenant of the property shall maintain
all locations. If the property is being leased, and the lessee does
not maintain the location, the owner shall be responsible for the
maintenance.
B.
Prior to the issuance of a certificate of occupancy,
the owner of any new multifamily housing, commercial, institutional
or industrial development must supply a copy of a duly executed contract
with a hauling company for the purposes of collection and recycling
of source-separated recyclable materials, in those instances where
the municipality does not otherwise provide the service. The property
owner shall submit a copy of this contract to the Township's Recycling
Coordinator on an annual basis.
C.
The locations of the storage and collection areas
must be approved by the Township Engineer and/or Recycling Coordinator.
D.
The Township's Recycling Coordinator shall have the
right to require any recycling location to contain other features
not specified herein.
A.
The Planning Board shall have the power to review
and approve or disapprove site plans simultaneously with review for
subdivision approval without the applicant's being required to make
further application to the Planning Board or the Planning Board's
being required to hold further hearings.
B.
Upon request of the applicant, the Planning Board
may consider an application for final approval of a site plan or subdivision
plat of a section or sections of a planned development and a conventional
site plan without, in either instance, having first considered an
application for preliminary approval thereof or for sketch plat classification,
provided the applicant shall submit with such application for final
approval all plans and information required by the provisions of this
chapter for preliminary and final approval in order that the Planning
Board may make an informed decision with respect thereto, and provided
that all notices otherwise required for an application for preliminary
approval are given with respect to the application for final approval.
Every subdivision or site plan shall conform
to the applicable zoning regulations of the Zoning Ordinance.[1]
[1]
Editor's Note: Former § 85-52, Notices,
amended 3-13-1978 by Ord. No. 0-78-5, was repealed 9-24-1984 by Ord.
No. 0-84-14. Section 18 is of Ord. No. 0-84-14 provided as follows:
"Any application for development submitted before July 1, 1984, to
a municipal agency pursuant to lawful authority may be continued at
the option of the applicant, and the municipal agency have every power
it possessed before July 1, 1984, in regard to any such application."
[Amended 6-9-1980 by Ord.
No. 0-80-6; 5-13-1992 by Ord. No. 0-92-05; 10-10-2018 by Ord. No. 18-12]
A.
Required guarantees; surety. For the purpose of assuring the installation
and maintenance of bondable land development improvements, as a condition
of all final major and minor site plan, subdivision, and zoning permit
approvals, the Board or Zoning Officer shall require, as appropriate,
and the Township Committee shall accept, in accordance with the standards
adopted hereinafter:
(1)
The furnishing of a performance guarantee in favor of the Township
in an amount not to exceed 120% of the cost of improvements required
by an approval or developer's agreement, ordinance, or regulation
to be dedicated to a public entity, and that have not yet been installed.
The performance guarantee shall also include, within an approved phase
or section of a development, privately owned perimeter buffer landscaping,
as required by local ordinance or imposed as a condition of approval.
(2)
The cost of the performance guarantee shall be determined by the
Township Engineer according to the method of calculation set forth
in N.J.S.A. 40:55D-53.4. At the developer's option, a separate performance
guarantee may be posted for the privately owned perimeter buffer landscaping.
The Township Engineer shall prepare an itemized cost estimate of the
improvements covered by the performance guarantee, which itemized
cost estimate shall be appended to each performance guarantee posted
by the obligor.
(3)
The furnishing of a maintenance guarantee in favor of the Township
in an amount not to exceed 15% of the cost of the improvement, which
cost shall be determined by the Township Engineer according to the
method of calculation set forth in N.J.S.A. 40:55D-53.4 for any and
all bondable items as permitted therein.
(4)
The furnishing of a temporary certificate of occupancy guarantee
in the amount of 120% of the cost of installing the remaining improvements
which are not covered by a performance guarantee and are required
to be completed before the issuance of a permanent certificate of
occupancy. The scope and amount of such a guarantee will be determined
by the Township Engineer.
(5)
The furnishing of a safety and stabilization guarantee to return
the property to a safe and stable condition or to otherwise implement
measures to protect the public from access to an unsafe or unstable
condition. The amount of such a guarantee shall be $5,000 where the
overall bonded improvements are $100,000 or less. Where the overall
bonded improvements are $100,000 or more, then the Township Engineer
shall calculate the bond amount in accord with the following: $5,000
for the first $100,000 of bonded improvement costs, plus 2.5% of bonded
improvement costs in excess of $100,000 up to $1,000,000, plus 1%
of bonded improvement costs in excess of $1,000,000.
B.
Other governmental agencies. In the event that other governmental
agencies or public utilities will automatically own the utilities
to be installed or the improvements are covered by a performance or
maintenance guarantee to another governmental agency, no performance
or maintenance guarantee, as the case may be, shall be required by
the Township for such utilities or improvements.
C.
Failure to perform; municipal completion. If the required improvements
are not completed or corrected in accordance with the performance
guarantee, the obligor and surety, if any, shall be liable thereon
to the Township for the reasonable cost of the improvements not completed
or corrected, and the Township may either prior to or after the receipt
of the proceeds thereof complete such improvements. Such completion
or correction of improvements shall be subject to the public bidding
requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1,
et seq.
D.
Conformance with municipal standards. All improvements shall be in
accordance with the design standards of the Township Code or as authorized
by a design exception granted by the reviewing board and shall be
subject to inspection and approval by the Municipal Engineer. The
Municipal Engineer shall be notified 24 hours prior to the start of
the various phases of the work, and if discontinued, shall again be
notified when the work will be continued.
E.
Release or reduction of performance guarantee.
(1)
Upon substantial completion of all required improvements, the obligor
may request of the governing body, in writing, by certified mail addressed
in care of the Township Clerk, that the Township Engineer prepare,
in accordance with the itemized cost estimate prepared by the Township
Engineer and appended to the performance guarantee pursuant to this
chapter, a list of all uncompleted or unsatisfactorily completed improvements.
If such a request is made, the obligor shall send a copy of the request
to the Township Engineer. The request shall indicate which improvements
have been completed and which improvements remain uncompleted in the
judgment of the obligor. Thereupon the Township Engineer shall inspect
all improvements covered by the obligor's request and shall file a
detailed list and report, in writing, with the Township Council, and
shall simultaneously send a copy thereof to the obligor not later
than 45 days after receipt of the obligor's request.
(2)
The list prepared by the Township Engineer shall state, in detail
with respect to each improvement determined to be incomplete or unsatisfactory,
the nature and extent of the incompleteness of each incomplete improvement
or the nature and extent of, and remedy for, the unsatisfactory state
of each completed improvement determined to be unsatisfactory. The
report prepared by the Township Engineer shall identify each improvement
determined to be complete and satisfactory together with a recommendation
as to the amount of reduction to be made in the performance guarantee
relating to the completed and satisfactory improvement, in accordance
with the itemized cost estimate prepared by the Municipal Engineer
and appended to the performance guarantee pursuant to this chapter.
(3)
The Township Committee, by resolution, shall either accept the improvements
determined to be complete and satisfactory by the Township Engineer,
or reject any or all of these improvements upon the establishment
in the resolution of cause for rejection, and shall approve and authorize
the amount of reduction or release to be made in the performance guarantee
relating to the improvements accepted, in accordance with the itemized
cost estimate prepared by the Township Engineer and appended to the
performance guarantee pursuant to this chapter. This resolution shall
be adopted not later than 45 days after receipt of the list and report
prepared by the Township Engineer. Upon adoption of the resolution
by the Township Committee, the obligor shall be released from all
liability pursuant to its performance guarantee, with respect to those
accepted improvements, except for that portion sufficient to secure
completion or correction of the improvements not yet accepted; provided,
however, that 30% of the amount of the performance guarantee posted
may be retained to ensure completion and acceptability of all improvements.
If any portion of the required improvements is rejected, the Township
shall require the obligor to complete or correct such improvements,
and, upon completion or correction, the same procedure of notification,
as set forth in this section, shall be followed.
F.
Release or reduction of performance guarantee. The obligor shall
reimburse the Township for all reasonable inspection fees paid to
the Township Engineer for the foregoing inspection of improvements;
provided that the municipality may require of the developer a deposit
for the inspection fees in an amount not to exceed, except for extraordinary
circumstances, the greater of $270 or 5% of the cost of improvements,
which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.
G.
Phasing in sections. In the event that final approval is by stages
or sections of development pursuant to Subsection a of Section 29
of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the provisions of this
section shall be applied by stage or section.
H.
Dedication and acceptance. To the extent that any of the improvements
have been dedicated to the Township on the subdivision plat, site
plan and/or zoning permit, the municipality shall be deemed, upon
the release of any performance guarantee required hereunder, to accept
dedication for public use any improvements made thereunder, provided
that such improvements have been inspected and have received final
approval by the Township Engineer.
[Added 5-13-1992 by Ord. No. 0-92-05]
Whenever an amount in excess of $5,000 shall be deposited by an applicant for professional services employed by the Township to review applications for development, for engineering inspection fees or to satisfy the guarantee requirements of § 85-53, 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 this section, shall continue to be the property of the applicant and shall be held in trust by the Township. Money deposited shall be held in escrow. The Township shall deposit it 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 Township shall notify the applicant in writing of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The Township shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the Township 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 Township shall retain for administrative expenses a sum equivalent to 33 1/3% of the entire amount, which shall be in lieu of all other administrative and custodial expenses.
[Added 5-13-1992 by Ord. No. 0-92-05]
The Township shall make all of the payments
to professionals for services rendered to the Township for review
of applications for development, review and preparation of documents,
inspection of improvements or other purposes under the provisions
of the MLUL. If the Township requires of the developer a deposit toward
anticipated municipal expenses for these professional services, the
deposit shall be placed in an escrow account pursuant to § 85-5.1.
The amount of the deposit required shall be reasonable in regard to
the scale and complexity of the development. All payments charged
to the deposit shall be pursuant to vouchers from the professionals
stating the hours spent, the hourly rate and the expenses incurred.
The Township shall render a written final accounting to the developer
on the uses to which the deposit was put. Thereafter the Township
shall, upon written request, provide copies of the vouchers to the
developer. If the salary, staff support and overhead for a professional
are provided by the municipality, the charge to the deposit shall
not exceed 200% of the sum of the products resulting from multiplying
(1) the hourly base salary of each of the professionals by (2) the
number of hours spent by the respective professional on review of
the application for development or the developer'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 municipality.
[Added 5-13-1992 by Ord. No. 0-92-05]
The Township shall not require that a maintenance guarantee required pursuant to § 85-53 be in cash or that more than 10% of a performance guarantee pursuant to that section be in cash. A developer may, however, provide at his option some or all of a maintenance guarantee in cash, or more than 10% of a performance guarantee in cash.
[Added 5-13-1992 by Ord. No. 0-92-05]
The cost of the installation of improvements for the purposes of § 85-53 shall be estimated by the Township Engineer based on documented construction costs for public improvements prevailing in the general area of the Township. The developer may appeal the Township Engineer's estimate to the Township Committee. The Township Committee shall decide the appeal within 45 days of receipt of the appeal in writing by the Township Clerk. After the developer posts a guarantee with the Township based on the cost of the installation of improvements as determined by the Township Committee, he may institute legal action within one year of the posting in order to preserve the right to a judicial determination as to the fairness and reasonableness of the amount of the guarantee.
[Added 5-13-1992 by Ord. No. 0-92-05]
The approving authority shall, for the purposes of § 85-53, accept a performance guarantee or maintenance guarantee which is an irrevocable letter of credit if it:
A.
Constitutes an unconditional payment obligation of the issuer running solely to the municipality for an express initial period of time in the amount determined pursuant to § 85-53;
B.
Is issued by a banking or savings institution authorized
to do and doing business in this state;
C.
Is for a period of time of at least one year; and
D.
Permits the Township 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 letter of credit or such longer period
in advance thereof as is stated in the letter of credit.
[Added 5-13-1992 by Ord. No. 0-92-05]
If an approving authority includes as a condition
of approval of an application for development pursuant to the MLUL
the installation of street lighting on a dedicated public street connected
to a public utility, then upon notification in writing by the developer
to the approving authority and governing body of the municipality
that (1) the street lighting on a dedicated public street has been
installed and accepted for service by the public utility and (2) that
certificates of occupancy have been issued for at least 50% of the
dwelling units and 50% of the floor area of the nonresidential uses
on the dedicated public street or portion thereof indicated by section
pursuant to Section 29 of P.L. 1975, c. 291 (C. 40:55D-38), the Township
shall, within 30 days following receipt of the notification, make
appropriate arrangements with the public utility for, and assume the
payment of, the costs of the street lighting on the dedicated public
street on a continuing basis. Compliance by the Township with the
provisions of this section shall not be deemed to constitute acceptance
of the street by the municipality.
[Amended 12-12-1983 by Ord. No. 0-83-25; 5-13-1992 by No. 0-92-05]
A.
All of the required improvements shall be subject
to inspection and approval by the Township Engineer, who shall be
notified by the applicant's engineer at least 72 hours prior to the
start of construction. The applicant's engineer shall certify to the
Township Engineer when work is ready for inspection and he shall accompany
the Township Engineer on his inspection. No underground installation
shall be covered until inspected and approved.
B.
The following minimum number of inspections will be
made by the Township Engineer:
(1)
Roadway subgrade, prior to placing stone subbase material.
(2)
Compacted subbase, prior to placing bituminous material
prime coat in preparation for base course construction.
(3)
During the construction of the stabilized base course
and the completed pavement area, prior to applying bituminous material
tack coat for the surface course construction.
(4)
Bituminous concrete Type FA-BC-2 surface course, while
being laid.
(5)
Concrete curb and sidewalk, when forms are laid and
the subgrade is leveled and compacted ready for placing concrete;
also during the pouring and finishing of the concrete.
(6)
Pipe drains, inlets, manholes, utility lines, etc.,
while pipes are being laid prior to backfilling trench and during
construction of inlets and manholes.
Whenever review or approval of the application
for development by the County Planning Board is required either by
Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), or Section 8
of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), the Township Planning Board
or the Board of Adjustment, as the case may be, shall condition any
approval that 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.
The Planning Board may permit a deviation from
a subdivision or site plan as finally approved if caused by change
of conditions beyond the control of the developer since the date of
final approval and if the deviation would not substantially alter
the character of the development or substantially impair the intent
and purpose of the Master Plan and Zoning Ordinance.[1]
