A.
All sections of the Land Subdivision Ordinance, Zoning
Ordinance, Site Plan Review Ordinance or any other ordinance of the
City of Rahway which contains provisions contrary to the provisions
of this chapter shall be and are hereby, to the extent of such inconsistency,
repealed.
B.
Pursuant to the provisions of P.L. 1975, c. 291, the
substantive provisions of the existing Land Subdivision Ordinance
and Zoning Ordinance of the City of Rahway and the development regulations
set forth therein shall be readopted and continue in full force and
effect and shall be read in conjunction with this chapter.
All applications for development filed prior
to the effective date of this chapter may be continued, but any appeals
arising out of decisions made on any such application shall be governed
by the provisions of this chapter.
Immediately upon adoption of this chapter, the
Municipal Clerk shall file a copy of this chapter with the County
Planning Board as required by law. The Clerk shall also file with
said County Planning Board copies of all other ordinances of the municipality
relating to land use, such as the Subdivision, Zoning and Site Plan
Review Ordinances.
[Added 11-9-2009 by Ord. No. O-40-09]
A.
The developer and the City of Rahway shall enter into a developer's
agreement prior to any construction and the issuance of any construction
permit incorporating all of the terms and conditions of approval imposed
by the Planning Board or Board of Adjustment. All final plat approvals
shall be subject to a developer's agreement between the developer
and the City.
B.
The agreement shall be in a form approved by and satisfactory to
the Director of Law and approved by resolution of the Municipal Council.
The substance of the agreement shall be consistent with the laws of
the State of New Jersey, the City of Rahway's Revised Land Use Ordinances
and the conditions and standards applicable to the proposed development.
The agreement shall be in recordable form, and shall be treated and
deemed to be a covenant or restriction pertaining to the land which
is being developed, and enforceable against the developer's successors
in interest.
C.
The agreement shall be signed by the Mayor, the Municipal Clerk,
the Planning Board Chairman and Secretary or the Zoning Board Chairman
and Secretary, where applicable, and the developer.
D.
The agreement shall provide for a performance and maintenance guaranty to be posted by the developer in accordance with Article V of this chapter.
E.
The agreement may include but shall not be limited to the provisions
relating to the following:
(1)
The anticipated time schedule and the developer's assumption
for himself or his assigns of responsibility for the construction
and information otherwise specifying the nature and extent of the
developer's obligations.
(2)
The disposition and acquisition of any lands required to be
set aside for public, semipublic, open space and greenway purposes
and outdoor recreational uses.
(3)
The phasing, financing and extent of any required municipal
off-tract traffic and sidewalk improvements.
(4)
Public approvals and municipal and developer actions required
to implement public infrastructure improvements, such as public sewers,
stormwater control and sidewalks.
(5)
The developer's obligation to maintain the project and comply
with site plan approval conditions dealing with signage, building
exteriors, common areas, lighting, landscaping, drainage, security,
security cameras, buffer areas and open spaces, trash removal and
internal roadways.
(6)
Any agreements relating to an environmentally sensitive area
in the proposed development.
(7)
Architectural design standards to ensure that the development
will result in an aesthetically harmonious design.
(8)
Consideration of whether the impact of the proposed development
will result in budgetary increases to the City in order to provide
any additional services and facilities that will be necessary to service
the proposed development. If the impact of the proposed development
will result in such budgetary increases, then the City may request
a contribution from the developer so as to limit such budgetary increases
and provide the additional services and facilities.
F.
The executed agreement shall be made part of all major subdivision
and major site plan approvals.
G.
Legal fees incurred by the City associated with the preparation and negotiation of the developer's agreement shall be paid by the applicant in accordance with and charged against the developer's escrow deposit established in § 53-31.
H.
The original agreement shall be kept on file in the City Clerk's
office and shall be kept on file by the Planning Board or Board of
Adjustment.
