A.
Administrative officer: receiving applications for
development; issuing approval certificates. The administrative officer,
for the purpose of the enforcement of this chapter, shall be the Zoning
Officer, who is hereby given the duty, power and authority to respectively
enforce the provisions of this chapter under the applicable powers
and authority as provided by law. The Zoning Officer shall examine
all applications under his or her jurisdiction and shall approve all
required inspections to ensure compliance with this chapter.
B.
Administration.
[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No.
1038-11]
(1)
Subdivisions. Any owner of land lying within the Township
shall, prior to subdividing or resubdividing of land as defined in
this chapter and before conveying legal or equitable title to such
subdivision or any part thereof, apply to the Planning Board for review
and approval of the subdivision plat pursuant to the provisions of
this chapter.
(2)
Site plan. Prior to the issuance of any construction
permit or certificate of occupancy, as the case may be, for any new
structure or addition to an existing structure, a site plan shall
be submitted to the Planning Board or to the Board of Adjustment as
provided by statute, for its review and approval.
(3)
Change
in tenancy or occupancy. Prior to the issuance of any construction
permit, certificate of occupancy or zoning permit, as the case may
be, in the event of any change in tenancy, any change in occupancy
or any change in commercial development other than business or professional
offices (NOTE: The Zoning Officer shall make a determination as to
whether the proposed use is an exempted business or professional office
use that is not required to make an application to the Planning Board.),
a site plan application must be filed and same must be approved at
a hearing before the Planning Board at which a representative of the
tenant or occupant must appear to offer testimony. A site plan application
must be filed with the Planning Board for approval, including, but
not limited to, when one or more of the following changes occur or
are proposed:
[Added 7-27-2022 by Ord. No. 2022-013]
(a)
Changes in one permitted use category to another permitted use category,
including retail sales, retail services, banks and financial institutions,
restaurants and any other use category other than exempt business
and professional offices (NOTE: The Zoning Officer shall make a determination
as to whether the proposed use is an exempted business or professional
office use that is not required to make an application to the Planning
Board.);
(b)
Changes in parking for any permitted use category, including retail
sales, retail services, banks and financial institutions, and restaurants;
(c)
Changes in lighting;
(d)
Changes in drainage;
(e)
Changes in signage;
(f)
Changes in exterior facades;
(g)
Changes in size or location of windows and doors;
(h)
Combining or subdividing interior spaces;
(i)
Changes in garbage or recycling;
(j)
Changes in pedestrian or vehicular circulation; or
(k)
Changes in driveways or sidewalks.
C.
Enforcement. The rules, regulations and standards
contained in this chapter shall be considered the minimum requirements
for the protection of the public health, safety and welfare of the
citizens of the Township. Any action taken by the Township under the
terms of this chapter shall give primary consideration to the purposes
and provisions of this chapter and to the welfare of the entire community.
Moreover, if an applicant or his agent can clearly demonstrate that,
because of the peculiar conditions pertaining to his land, the literal
enforcement of one or more of these regulations is impractical or
will exact undue hardship, the appropriate municipal agency may permit
such exceptions or exceptions as may be reasonable and within the
general purpose and intent of the rules, regulations and standards
established by this chapter.
A.
It shall be the duty of the Zoning Officer to administer
and enforce the provisions of this chapter and, in so doing, to inspect
periodically the structures and land in the Township, to investigate
violations of the chapter coming to his attention, to serve notice
upon property owners to abate any condition found to exist in violation
of any provision(s) of this chapter, to sign complaints where justified
and to cooperate with other Township officials in the prosecution
of violators. The enumeration herein of the duties of the Construction
Code Officer and Zoning Officer shall not mean that other officials
and employees shall be relieved of their obligation to enforce this
chapter. The Construction Code Enforcement Official and Zoning Officer
or other Township employees authorized by the Township shall have
the right to inspect any lot or building at reasonable times for the
purpose of investigating possible violations of this chapter.
B.
If the Zoning Officer finds any substantial deviation
from any approved plans, he shall notify the permittee and the Township
Clerk in writing of the deviation. The Zoning Officer and the Township
may take such action as is provided in this chapter.
A.
No construction permit and no certificate of occupancy
shall be issued by the Zoning Officer except upon application therefor
in conformity with all the provisions of this chapter. No sign erection
permit shall be issued by the Zoning Officer except on application
therefor in conformity with the terms of this chapter.
[Amended 10-16-2002 by Ord. No. 867-02]
(1)
Submission of surveys. In order to obtain a construction
permit for any residential construction, the applicant must first
provide a plot plan showing the location and configuration of the
dwelling as well as its height. Thereafter, upon completion of foundation,
an additional survey, showing the location of the foundation, shall
be submitted to the Building Department prior to commencement of the
next phase of construction. Thereafter, upon completion of framing,
an additional survey shall be submitted to the Building Department
showing the status of construction, including height. All surveys
submitted in accordance with the provisions of this subsection shall
be signed and sealed by a licensed surveyor or engineer.
B.
Certificates of occupancy. No land shall be occupied
or used and no buildings hereafter erected, altered or changed in
tenancy, use or ownership shall be occupied, in whole or in part,
until a certificate of occupancy shall have been issued by the Construction
Official.
(1)
A temporary certificate of occupancy may be issued
to a holder of a permit prior to completion of construction, provided
that such occupancy shall not endanger life or public welfare and
not until all required utilities, including but not limited to water,
sewer, electric and fuel, are installed and in service.
(2)
A posting of a bond to insure the completion of the
work pursuant to other applicable laws and ordinances may be made
a condition for a temporary certificate of occupancy.
(3)
Written application shall be made by the owner or
his agent for a certificate of occupancy when all requirements of
a construction permit are met or, in the case of reoccupancy or change
in ownership, when it is established after general inspection of the
visible parts of the premises and investigation of available municipal
records that no violations of the Uniform Construction Code or Zoning
Ordinances of the Township of Rochelle Park have been found and that
no unsafe conditions shall exist.
D.
No construction permit and no certificate of occupancy
shall be issued by the Construction Official, Zoning Officer or Building
Inspector unless a certification is filed, signed by the preparer
of the plans and the property owner that the plans submitted for such
action are the same plans as those which were approved by the Zoning
Board of Adjustment or Planning Board if such approval was required
and granted.
[Added 7-16-2008 by Ord. No. 988-08;
amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No. 1038-11]
A.
Stop orders. In the event that a permittee shall fail
to comply with any condition or regulation or provisions of an approved
plan, the Township Engineer or the Zoning Officer may issue a stop
order on all construction work within the area encompassed by the
approved plan and which order may include requirements for the prompt
correction of adverse conditions. Thereafter, no construction work
of any type shall be performed within the area of the approved plan
except such work as is in accordance with the requirements of the
Township official as set forth in said order or in accordance with
the approved plan.
B.
Permit revocation. In the event of a failure to comply
with any condition of an approved soil erosion and sediment control
plan or tree removal plan, upon recommendation of the Township Engineer
or Zoning Officer, the Township may revoke any construction permit
for any property upon which such noncompliance occurs or for any property
affected by such noncompliance. The Township may also seek to enjoin
the violation or take such other steps as permitted by law.
C.
Revocation of construction permit or certificate of
occupancy. In the event of a failure to comply with any condition
of final site plan approval, the Zoning Officer or Township Engineer,
on his or her initiative, may revoke the construction permit or certificate
of occupancy, as the case may be, and seek to enjoin the violation
or such other steps as permitted by law.
A.
If any person violates any of the provisions of this
chapter or who fails to comply with any of the requirements thereof
or who erects, raises, moves, extends, enlarges, alters or demolishes
any structure in violation of any detailed statement or plan submitted
hereunder or who puts into use any lot or premises in violation of
any detailed statement or plans submitted hereunder or who refuses
reasonable opportunity to inspect any premises shall, upon conviction
thereof by any court authorized by law to hear and determine the matter,
be liable to a fine of not more than $1,000 or to imprisonment for
a term of not more than 90 days, or both, as such court in its discretion
may impose. Each day during or on which a violation occurs or continues
shall be deemed a separate offense.
B.
If before final subdivision approval any person as
owner or agent transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
for which municipal approval is required, such persons shall be subject
to a penalty not to exceed $1,000 and each lot disposition so made
may be deemed a separate violation.
C.
In addition, the Township may institute and maintain
a civil action:
(1)
For injunctive relief;
(2)
To set aside and invalidate any conveyance made pursuant
to such a contract of sale if a certificate of compliance has not
been issued in accordance with N.J.S.A. 40:55D-56, but only if the
municipality has a Planning Board and has adopted, by ordinance, standards
and procedures in accordance with N.J.S.A. 40:55D-38.
[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No.
1038-11]
D.
In any such action, the transferee, purchaser or grantee
shall be entitled to a lien upon the portion of the land from which
the subdivision was made that remains in the possession of the developer
or his assigns or successors, to secure the return of any deposits
made or purchase price paid and, also, a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years if
unrecorded.
[Amended 4-20-2005 by Ord. No. 924-05; 6-16-2010 by Ord. No.
1015-10; 8-17-2011 by Ord. No. 1038-11]
Fees for applications or for the rendering of
any services by the Planning Board or Zoning Board of Adjustment or
any member of their administrative staffs which are not otherwise
provided by this chapter may be provided for and adopted as part of
the rules of the Board, and copies of said rules or of the separate
fee schedule shall be available to the public.
A.
General.
(1)
Every application for development shall be accompanied
by a payment of a fee in accordance with a schedule hereinafter set
forth. The application charge is a flat fee to cover direct administrative
expenses and is not refundable.
(2)
Where one application for development includes several
approval requests, the sum of the individual required fees shall be
paid.
(3)
No fees shall be returned to the applicant after public
hearing has commenced.
(4)
If any applicant desires a court reporter, the cost
of taking testimony and transcribing it and providing a copy of the
transcript for the Board hearing the application shall be at the expense
of the applicant, who shall arrange for the reporter's attendance.
(5)
Schedule of fees to be paid at the time of the filing
of the application:
[Amended 12-16-2020 by Ord. No. 1172-20]
ZONING BOARD
|
Description/Application
|
Fee
| |
---|---|---|
Secretary/administrative fee (all applications
except single-family owner-occupied dwellings)
|
$100
| |
Use in accordance with N.J.S.A. 40:55D-10(d)
|
$400 plus secretary fee
| |
Interpretation in accordance with N.J.S.A. 40:55D-70(c)
|
$400 plus secretary fee
| |
All other variances, appeals, conditional uses,
amendments or applications to the Zoning Board
|
$200 plus secretary fee
| |
Notwithstanding the above, any variance applications
other than use, conditional use or interpretations that pertain to
single-family owner-occupied residences shall have a $150 filing fee
and no secretarial/administrative fees shall be charged
| ||
Resolution preparation fee - Board Attorney
|
$375*
| |
PLANNING BOARD
| ||
Description/Application
|
Fee
| |
Secretary/administrative fee (all applicants
except single-family owner-occupied dwellings)
|
$100
| |
Minor site plan approval, tenant review (§ 185-104)
|
$200 plus secretary fee
| |
Minor subdivision (two lots)
|
$200 plus secretary fee
| |
Major subdivision (more than two lots)
|
$400 plus secretary fee
| |
Site plan approval
|
$200 plus secretary fee
| |
All other appeals, interpretations, preliminary
plans, concept review, amendments or other applications to the Planning
Board
|
$200 plus secretary fee
| |
Resolution preparation fee - Board Attorney
|
$375*
|
*This is a minimum resolution preparation fee for all applications other than change in tenancy applications as set forth in § 185-49A(1)(a). If the actual fee exceeds this amount it shall be charged against the applicant's professional escrow deposit.
B.
Resolution, publication and copy fees. In addition
to application fees, applicants or appellants to the Planning Board,
Zoning Board of Adjustment or Township Committee shall pay the following
fees:
(1)
Copy of decision (resolution) per page or part thereof:
$1.
(2)
Publication in newspaper of notice of hearing and
notice of final decision: cost of publication.
(3)
Copies of minutes of meetings, per page or part thereof:
$1.
(4)
Copies of rules and regulations, per page or part
thereof: $1.
(5)
Copies of transcript or duplicate of recording of
proceedings: cost.
(6)
Copies of notices of all meetings, annual fee: $20.
C.
Inspection fees.
(1)
In addition to the fees set forth for the review of
subdivision plans and site plans, there shall also be an inspection
fee of 2.5% of the estimated cost of improvements on site plans and
an inspection fee of 5% of the estimated cost of the improvements
for subdivision as estimated by the Township Engineer and payable
at the time of the commencement of construction. This charge shall
be for the purpose of defraying the costs of inspections of the installation
of the improvements required by the Planning Board.
(2)
All permits, determinations, resolutions or certificates
of approval are subject to the payment of all fees required in this
section.
(3)
All applicants or appellants other than a department,
board or agency of the Township shall pay the applicable fees unless
such fee is specifically waived by the Township Council. Such waivers
shall only be considered for nonprofit organizations.
D.
Special meetings.
(1)
In the event that any development application requires
more than two hearings or should an applicant request and be granted
a special meeting date, the Board shall charge the applicant a special
meeting fee in the amount of $1,000 plus an amount equal to the fee
or fees which the Board pays to its attorney, secretary and other
professional advisors who attend the meeting. The cost of these services
shall be charged against the initial deposit and such other additional
deposit posted by the applicant.
(2)
In the event that a development application requires
more than two (2) regular meetings, the Board, at its discretion,
may hold a special meeting in order to complete the application.
A.
General. Any person aggrieved by any decision or action
of the Zoning Officer or the Township Engineer under this chapter
may appeal to the Township Committee in writing, such appeal to be
filed with the Township Clerk within 10 days from the date of the
decision or action complained of. The appellant shall be entitled
to a hearing before the Township Committee, which shall fix a date
therefor not less than 20 days nor more than 30 days from the date
of the decision appealed from. Upon such hearing or within 10 days
thereafter, the Township Committee shall affirm, alter or rescind
the decision or action complained of with written findings and conclusions.
B.
Appeal. Where the Zoning Officer or the Township Engineer
has issued a stop order or has revoked a construction permit, the
permittee shall have a right to appeal the determination to the Township
Committee. Said notice of appeal shall be filed with the Township
Clerk within 10 days of the date of the action of the Township Engineer
or the Zoning Officer in issuing the stop-work order or revocation
of the construction permit. The Council shall, upon receipt of said
notification, provide a hearing to the permittee within 10 days of
the date of the filing of the appeal and shall render its decision
upon the conclusion of the hearing and in no case later than seven
days from termination of the hearing.
In addition to the filing fees and any other
fees or payments required by this chapter, the applicant for any development
application, appeal or other matter pursuant to this chapter shall
be responsible to reimburse the Township for payments made to professionals
for services rendered to the Township related to such application,
appeal or other matter. The following provisions shall apply to such
payments:
A.
Initial deposits for professional services. The following
escrow fees shall be collected by the Secretary at the time of the
filing of the application. These fees are to be applied for the review
of applications by the professional staff/consultants and shall include
all office review, phone correspondence, preparation of reports, conferences,
appearance at meetings or other purposes under the provisions of this
chapter or the Municipal Land Use Law. For purposes of this section,
professional staff shall include the Township Attorney, Township Planner
and Township Engineer and such other professionals as may be deemed
necessary by the Planning Board or the Zoning Board of Adjustment
to review an application. Deposits shall be paid by personal check,
certified check, cashier's check or bank money order. In the case
of proposals requiring a combination of approvals, such as subdivision,
site plan and/or variance(s), the applicant shall deposit an amount
equal to the sum of the deposits required for each application. In
the event that there is no new schedule of fees filed by the professionals,
the schedule previously filed by the professional shall prevail.
[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No.
1038-11]
(1)
Professional
escrow for applications before the Planning Board:
[Added 4-22-2020 by Ord. No. 1164-20]
(a)
Applications for change in tenancy: $300.
(b)
All other applications: $5,000.
(c)
Residential applications. In the event that professional services
are required, including services of the Board Engineer, the applicant
shall post an escrow in the amount of $1,000 prior to the performance
of any such services by the Board professionals.
[Added 12-16-2020 by Ord. No. 1172-20]
(2)
Applications
before the Zoning Board of Adjustments.
[Added 4-22-2020 by Ord. No. 1164-20]
(a)
All commercial applications: $10,000. NOTE: Zoning Board, in consultations
with the Zoning Board Attorney, Board Engineer and Building Department,
may reduce this initial escrow amount to not less than $5,000 based
upon a review of the application and other submissions by the applicant.
(b)
Residential applications. In the event that professional services
are required, including services of the Board Engineer, the applicant
shall post an escrow in the amount of $1,000 prior to the performance
of any such services by the Board professionals.
[Added 12-16-2020 by Ord. No. 1172-20]
B.
Subsequent deposits for professional services. In
the event that the amount in the individual account for professional
services should become depleted to less than 25% of the initial deposit
required by this chapter and if the Secretary determines that additional
funds are necessary to cover the cost of processing said application,
the Secretary shall notify the applicant immediately of such depletion.
Upon receiving such notice, the applicant shall deposit additional
funds as necessary to make the amount in the account not less than
50% of the initial deposit required by this chapter for professional
services.
C.
Failure to maintain deposit for professional services.
If the required funds for professional services are not deposited
in a timely manner, the Secretary shall notify the Township agency
having jurisdiction over the application and shall send copies of
said notification to the Township Finance Director. Upon receipt of
the copy of notification, the Finance Officer shall immediately inform
the Township Committee of said notification. No further action shall
be taken on the application unless the deposits have been made by
the applicant as required above. In the event that the time for action
by a Township agency as required by this chapter shall expire prior
to the payment of the required deposits, the reviewing agency shall
have the option of dismissing the application.
D.
Vouchers for payment of professional services. All
payments charged to a deposit required by this section shall be made
pursuant to written monthly vouchers for each application from the
professional(s) stating the hours spent, the hourly rate and the expenses
incurred. The Township shall render a written final accounting to
the applicant on the uses to which the deposit was put.
E.
Procedure for payment of vouchers; appeals of charges.
The following procedure shall apply to the payment of vouchers for
professional services pursuant to this section:
(1)
Upon receipt of any vouchers for payment of professional
services, the Secretary shall submit a copy of said voucher to the
applicant.
(2)
Within 14 days of the mailing of said vouchers, the
applicant may request in writing a hearing on the reasonableness of
the charges contained in said vouchers. Any such hearing shall be
held by the Township agency with jurisdiction over the application.
(3)
In the event the applicant requests such hearing,
no payments shall be made pursuant to the disputed voucher(s) until
the Township agency shall have ruled on the appeal. If the Township
agency find in favor of the applicant, payment pursuant to said voucher(s)
shall be adjusted accordingly.
(4)
All vouchers for payment of professional services
pursuant to this section shall be submitted to the Township agency
for whom the services were performed. The Township agency shall at
a public hearing approve or deny payment of the vouchers. No voucher
shall be denied payment without giving the professional submitting
the voucher an opportunity to be heard concerning the reasonableness
of said voucher.
(5)
If no hearing is requested as outlined above or if
the Township agency finds in favor of the professional, payment shall
be made pursuant to the voucher.
(6)
If approved by the Township agency, the voucher shall
be directed to the Township Finance Director for reimbursement to
the professional for services rendered.
F.
Unpaid fees establishes liens. Any professional or
consultant fees incurred as part of site plan or subdivision approval
shall become a lien upon the subject property and shall remain as
such until paid directly or satisfied by payment from escrow accounts.
Any professional or consultant vouchers which remain unpaid for 30
days or which cannot be satisfied from existing escrow accounts shall
be certified by the Administrator to the Township Assessor and Tax
Collector. The sums shall be levied and collected at the same time
and in the same manner as Township taxes. All such moneys received
by the collector shall be paid over to the Administrator to be applied
only to the purposes for which they were levied.
G.
In addition
to the lien described in the preceding subsection, in the event that
any escrows, professional fees of other fees charged are unpaid as
of the date on which any approval resolution is scheduled for memorialization,
the Board shall postpone memorialization of the approval resolution
until such time as all fees are paid. The payment of any and all outstanding
professional fees and escrows shall also be a condition which must
be satisfied prior to the issuance of any final certificate of occupancy
or closure of any open permits in connection with the subject property.
[Added 12-16-2020 by Ord. No. 1172-20]
A.
Before execution of the final subdivision plat, as
a condition of final site plan approval or as a condition to the granting
of a development approval pursuant to N.J.S.A. 40:55D-1 et seq., the
applicant shall have installed all improvements required by the Planning
Board, except that the Township Committee may require and shall accept
in accordance with the standards adopted herein for the purpose of
assuring the installation and maintenance of on-tract improvements,
the following:
[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No.
1038-11]
(1)
The furnishing of a performance guaranty in favor
of the Township in an amount not to exceed 120% of the cost of installation
for all improvements not installed prior to final approval.
(2)
A maximum of 10% of the total guaranty required shall
be in cash. All of the improvements shall be subject to inspection
and approval by the Township Engineer who shall be notified by the
developer at least 48 hours prior to the start of the construction.
No underground installations shall be covered until inspected and
approved.
B.
Provision for a maintenance guaranty to be posted
with the Township Committee for a period not to exceed 2 years after
final acceptance of the improvements, in an amount not to exceed 15%
of the cost of the improvement.
C.
The time allowed for installation of the improvements
for which the performance guaranty has been provided may be extended
by the Township Committee by resolution. 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 installation as determined as of the time of the
passage of the resolution.
D.
If the required improvements are not completed or
corrected in accordance with the performance guaranty, 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.
E.
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements and the connection of same to the public system, the obligor may request of the Township Committee in writing, by certified mail, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to Subsection A of this section, a list of all uncompleted or unsatisfactory completed improvements. A copy of the request shall be sent 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 request and shall file a written list and report with the Township Committee, with a copy to the obligor, not later than 45 days after the receipt of the obligor's request.
(1)
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 or the nature and extent of and remedy for, the
unsatisfactory state of each completed improvement determined to be
unsatisfactory.
(2)
The report shall also identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guaranty relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to Subsection A of this section.
F.
The Township Committee, by resolution, shall either
approve the improvements determined to be complete and satisfactory
by the Township Engineer or reject any or all of these improvements
and shall approve and authorize the amount of reduction to be made
in the performance guaranty relating to the improvements accepted,
in accordance with the itemized cost estimate prepared by the Township
Engineer. 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 guaranty,
with respect to those approved improvements, except for that portion
adequately sufficient to secure completion or correction of the improvements
not yet approved, provided that 30% of the amount of the performance
guaranty posted may be retained to ensure completion and acceptability
of all improvements. In the event that the obligor has made a cash
deposit with the Township or approving authority as part of the performance
guaranty, then any partial reduction granted in the performance guaranty
pursuant to this subsection shall be applied to the cash deposit in
the same proportion as the original cash deposit bears to the full
amount of the performance guaranty.
G.
If any portion of the required improvements is rejected,
the approving authority may require the obligor to complete or correct
such improvements and, upon completion or correction, the same procedure
of notification as set forth in this section shall be followed.
H.
Nothing herein, however, shall be construed to limit
the right of the obligor to contest by legal proceedings any determination
or lack of a determination of the Township Committee or the Township
Engineer.
I.
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 Township may require of the developer
a deposit for the inspection fees in an amount not to exceed, except
for extraordinary circumstances, the greater of $500 or 5% of the
cost of improvements, which cost shall be determined pursuant to Section
15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4). For those developments
for which the reasonably anticipated fees are less than $10,000, fees
may, at the option of the developer, be paid in two installments.
The initial amount deposited by a developer shall be 50% of the reasonably
anticipated fees. When the balance on deposit drops to 10% of the
reasonably anticipated fees because the amount deposited by the developer
has been reduced by the amount paid to the Township Engineer for inspection,
the developer shall deposit the remaining 50% of the anticipated inspection
fees. For those developments for which the reasonably anticipated
fees are $10,000 or greater, fees may, at the option of the developer,
be paid in four installments. The initial amount deposited by a developer
shall be 25% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid to the Township Engineer for inspection, the developer shall
make additional deposits of 25% of the reasonably anticipated fees.
The Township Engineer shall not perform any inspection if sufficient
funds to pay for those inspections are not on deposit.
J.
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.
K.
To the extent that any of the improvements have been dedicated to the Township on the subdivision plat or site plan, the Township Committee shall be deemed, upon the release of any performance guaranty required pursuant to Subsection A of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Township Engineer.
L.
Building permits in a subdivision or site plan or
approved subsection thereof, except for model buildings in the first
subsection, will be issued only when all improvements, with the exception
of the following, shall have been installed to serve all lots and
structures within the subdivision or site plan or approved subsection
thereof and approved by the Township Engineer:
M.
Permits for model buildings in the front subsection
or 10% of the total number to be built in said subsection, whichever
is less, not to exceed six, may be issued on commencement of construction
of improvements.
N.
Installation of sidewalks on a lot shall be completed
prior to the issuance of a certificate of occupancy for that lot.
O.
Notwithstanding any provision of this chapter to the
contrary, upon completion of all improvements but prior to acceptance
by the Township Committee of such improvements and prior to the release
of any performance guaranty which may have been posted, deeds must
be received, free and clear of all mortgages and encumbrances, for
all fee and other property interests and improvements to be conveyed
to the Township.
P.
A site plan bond shall be posted prior to earth disturbance.
A.
Within 90 days of the adoption of a resolution granting
final subdivision approval and prior to the execution of the final
subdivision plat or, in the case of an application for a multiple
dwelling or commercial development, prior to the issuance of construction
permits, there shall be executed and delivered to the Township an
agreement between the developer and the Township incorporating all
of the terms and conditions of final approval. The agreement shall
be drawn by the attorney for the Zoning Board of Adjustment or Planning
Board, at the expense of the developer, and shall be executed by the
owner and developer of the property which is the subject of the approvals.
The developer's agreement shall also provide for the payment of appropriate
professional fees and escrows as well as payment of development fees
in accordance with the provisions of this chapter. The developer's
agreement shall be executed by the developer prior to the issuance
of any permits.
[Amended 7-16-2008 by Ord. No. 988-08; 6-16-2010 by Ord. No.
1015-10; 8-17-2011 by Ord. No. 1038-11]
B.
In the event that all of the improvements have not
been installed within the time period set forth in the developer's
agreement, the developer may request, in writing, to the Township
Committee, a one-year extension of the time in which to complete all
improvements. No more than two such extensions will be considered
unless the developer's agreement shall be accompanied by an application
fee of $300 to cover the engineering and legal fees associated with
the processing of the application.
A.
Pursuant to the powers established in N.J.S.A. 40:55D-42,
the following standards are hereby promulgated with respect to determining
the proportionate or pro rata share of an applicant for a required
off-tract improvement. Prior to the granting of final approval, the
applicant shall have installed or made cash payments, in the manner
provided for below, with respect to the immediate or ultimate installation
of any required off-tract improvement.
(1)
Allocation of costs; criteria in determining allocation.
The allocation or costs for off-tract improvements, as between the
applicant, other property owners and the Township, or any one or more
of the foregoing, shall be determined by the Planning Board with the
assistance of the appropriate Township agencies on the basis of the
total cost of the off-tract improvements, the increase in market values
of property affected and any other benefits conferred, the needs created
by the application, population and land use projections for the general
area of the applicant's property and other areas to be served by the
off-tract improvements, the estimated time of construction of the
off-tract improvements and the condition and periods of usefulness,
which periods may be based upon the criteria of N.J.S.A. 40A:2-22.
The following criteria may also be considered as well as any other
reasonable criteria which would aid in said determination:
[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No.
1038-11]
(a)
Street improvements (such as curb, gutter, sidewalk,
shade trees, streetlights, street signs and traffic light improvements)
may also be based upon the anticipated increase of traffic generated
by the application and the anticipated benefit thereto.
(b)
Stormwater and drainage improvements may also
be based upon or be determined by the drainage created by or affected
by any particular land use considering:
[1]
The percentage relationship between the acreage
of the application and the acreage of the total drainage basin;
[2]
The use of a particular site and the amount
of area to be covered by impervious surfaces on the site itself; and
[3]
The use, condition or status of the remaining
area of the drainage basin.
(c)
Sanitary sewer and water improvements may also
be based on the ratio of the developments flow to the sum of the capacity
deficiency in the existing system and the estimated daily flow from
the proposed development.
(2)
Improvements to be construed at the sole expense of
the applicant. In cases where reasonable and necessary need for an
off-tract improvement or improvements is necessitated or required
by the proposed development application and where no other property
owners receive a special benefit thereby, the Board may require the
applicant, as a condition of approval, at the applicant's expense,
to provide for and construct such improvements as if such were on-tract
improvements in the manner provided hereafter and as otherwise provided
by law.
(3)
Payment of allocated costs. In the event that the
improvement required shall be constructed as a general or a local
improvement, the estimated cost of the off-tract improvement allocated
to the applicant shall be deposited with the municipality in the form
of cash. Said deposit shall be paid by the applicant to the Township
Treasurer who shall provide a suitable depository therefor and such
funds shall be used only for the off-tract improvements for which
they are deposited or shall be refunded to the subdivider as hereinafter
set forth.
(4)
Deposit of funds. All funds paid by an applicant pursuant
to this chapter shall be used only for the improvements for which
they are deposited or improvements serving the same purpose.
(5)
Redetermination of assessment upon completion of improvements.
Upon completion of off-tract improvements required pursuant to this
chapter, the applicant's liability hereunder shall be recalculated
in accordance with the actual as compared with the estimated cost
of the improvements. To the extent that such recalculation shall increase
or decrease the amount of any cash deposit made by the applicant hereunder,
the applicant shall forthwith either pay the amount of such increase
to the municipality or the municipality shall forthwith refund the
amount of such decrease to the applicant.
B.
Omissions. Omissions from the bond of any improvement
will in no way be construed as to relieve the developer from his legal
obligation to conform to the required improvements as provided for
in this chapter.
C.
Certification. Prior to the final acceptance of any
of the required improvements by the Township, the subdivision owner
or owners shall have submitted satisfactory affidavits certifying
that no unpaid bills, liabilities or liens against such improvements
and installations are outstanding.