(a) Definition. For the purposes of this section, the term " PUBLIC IMPROVEMENTS " shall include streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments, water mains, culverts, storm sewers, structural and nonstructural stormwater management facilities, sanitary sewers or other means of sewage disposal excluding individual subsurface sewage disposal systems intended to serve individual lots, drainage structures, erosion control features, and sedimentation control devices; open space land improvements and equipment; landscaping; and, for site plans only, other on-site improvements.
(b) Requirements specific to subdivisions. No final major subdivision plat shall be recorded unless the township engineer has certified to the board that all public improvements required by the preliminary subdivision approval have been satisfied or an appropriate performance guarantee has been posted with the township.
(c) Requirements specific to site plans. No final major site plan application, whether for an entire tract or a section thereof, shall be unconditionally approved by the board unless the township engineer has certified to the board that all public improvements required by the preliminary site plan approval have been satisfactorily completed or an appropriate performance guarantee has been posted with the township.
(d) Applicability to sections or phases of development. Where development is in sections or phases, the requirements of this section shall be applied by section or phase.
(e) Construction permits for residential development. No construction permit shall be issued for any residential building within the subdivision until the developer has completed the following public improvements in accordance with the approved subdivision plans and construction plans required by subsection (g)(4) of this section:
(1) Water mains, curb stops, hydrants. The system shall be tested for initial operation to function as designed.
(2) Sanitary sewers, house connections, cleanouts, pump stations per approved plans. The system shall be tested for satisfactory initial operation to function as designed.
(3) Stormwater management facilities including both structural and non-structural components, which shall be operated and maintained by the developer until completion of the project and conveyance to the township or homeowners.
(4) Street curbs, all paving except top course.
(5) All utilities within the street right-of-way. If not located in the street right-of-way, the developer shall state the location of each utility located elsewhere.
(6) Improvements to open space as designated by the board.
(7) Other improvements as designated by the board, which may include landscaping, berming, fencing, and buffers, as required by the nature of the subdivision and/or its location in relation to adjacent developments.
All improvements must be maintained in satisfactory condition. Improvements requiring replacement or repair shall be completed prior to the issuance of a certificate of occupancy for the affected section.
(f) Improvements required for issuance of certificate of occupancy. No certificate of occupancy shall be issued for any dwelling within the development until the following additional improvements have been installed (where indicated, the term "seasonal" means that the improvement may be deferred for a maximum of six months, as determined by the township engineer, with the posting of an incomplete site work bond):
(1) Street and parking lot lighting from the entrance of the development to the dwelling for which the certificate of occupancy is being issued.
(2) Permanent street name signs erected; building address number signs on buildings, except single-family homes as defined in the Uniform Construction Code.
(3) Sidewalks sufficient for safe public travel, particularly to the nearest school bus stop (seasonal).
(4) Final grading (seasonal).
(5) Three copies of the final as-built plot plan showing all improvements required in subsection (e) of this section, together with finished elevations, including basement, first floor, garage floor, building corners and property corners, with contours (seasonal).
(6) As-built drawings for drainage structures and all stormwater management facilities, including both structural and non-structural components.
(7) Driveways (seasonal).
(8) Shade trees and other landscaping on site (seasonal).
(9) Off-tract improvements as designated by the board.
(10) Recreational facilities (seasonal).
(11) Parking areas.
(12) Any traffic control devices necessary for the enforcement of N.J.S.A. title 39. All such devices shall be designed and installed in accordance with the requirements of the uniform manual for such devices.
(13) All utilities installed, including gas, electric, telephone and cable.
(14) Fire lane markings and signage.
(15) Parking stall striping.
(16) Solid waste and recycling facilities.
(17) Final paving (seasonal) subject to the provisions of section 62-278(f).
(g) Start of construction. Construction pursuant to a site plan or subdivision approval shall not commence until:
(1) The developer has paid all fees required by this chapter;
(2) The developer has received all other governmental permitted approvals required by the board's resolution granting subdivision or site plan approval;
(3) The developer has satisfied all conditions of approval required by the board's resolution of approval granting subdivision and/or site plan approval and all changes required by the board to the developer's subdivision and/or site plans have been filed with and approved by the township engineer;
(4) The developer's construction plans have been filed with and approved by the township engineer;
(5) The developer has had a preconstruction meeting with the township engineer for the purpose of forecasting and resolving problems that may arise during the course of construction; and
(6) The developer has furnished the township with all required performance guarantees.
(h) Performance guarantees. Performance guarantees, when required, shall be given in favor of the township in an amount to be determined by the township engineer, but not to exceed 120 percent of the cost of installation for the improvements, at least ten percent of which guarantee shall be in cash. The performance guarantee shall require completion of improvements within two years of the date of final approval, subject to extension for an additional two-year period by the township committee upon review of the adequacy of the guarantees by the township engineer. As a condition or as part of any such extension, the amount of the performance guarantees shall be increased or reduced, as the case may be, to an amount not to exceed 120 percent of the cost of installation as determined as of the time of the passage of the resolution granting the extension. Performance guarantees shall be reviewed and approved by the township attorney and township engineer prior to sign-off of final plans.
(i) Release of performance guarantees. Performance guarantees shall be released in accordance with the following:
(1) Completion of improvements. 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 .T S A. 40A:11-1 et seq.
(2) Deeds of dedication, deeds of easement. Deeds of dedication and deeds of easement shall be submitted as follows:
a. Prior to any request for release of performance guarantees, the developer shall submit executed but unrecorded deeds of dedication and/or deeds of easement, with metes and bounds descriptions, for all stormwater management easements, utility easements, conservation easements, sight triangles, and open space to be dedicated to the township. Where an open space is to be dedicated for a specific purpose as a condition of approval, the purpose of the dedication shall be stated in the deed of dedication. All sight triangle easements shall include language defining such easements as set forth in this chapter and provided by the planning department. Upon review and approval of the deeds by the director of planning, township engineer and township attorney, an ordinance proposing acceptance of the deeds shall be submitted for action by the township council.
b. By operation of law, streets to be dedicated to public use are deemed accepted upon release of the performance guarantees.
c. No lots or portions of lots dedicated to the township as open space or for future public use shall be removed from the tax rolls until an ordinance of acceptance has been adopted. Where the dedication is for future public use, such as roadway realignment or construction of a public facility, the township may defer acceptance of the dedication until such time as it is determined that the dedicated area will actually be required for such use. If it is determined that the dedicated area is not needed for public use, the dedication may be vacated by adoption of an appropriate ordinance by the township council.
d. Upon acceptance, the township shall cause the deeds to be recorded in the office of the county clerk; the developer shall bear the cost of such recording at the rate charged to the township.
e. Deeds of dedication for future public use which are not immediately accepted by township ordinance shall nevertheless be recorded in the office of the county clerk so as to provide public notice of the potential future use. The developer shall bear the cost of such recording at the rate charged to the township. The recording shall not serve as authorization to remove the property so dedicated from the tax rolls of the township.
**Webmasters Note: The previous sections, 62-164(b)(5) through 62-165(i)(2)e., have been amended as per Supplement No. 9.
(3) Notification of completion; report of township engineer. Notice of completion and the inspection and report of the township engineer shall be in accordance with the following:
a. Upon substantial completion of all required street improvements, except for the top course, and appurtenant utility improvements, and the connection of improvements to the public system, the obligor may request of the township council 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 N.J.S.A. 40:55D-53a, 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 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.
b. 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 township engineer and appended to the performance guarantee pursuant to N.J.S.A. 40:55D-53a.
(4) Time for action by township council; copy of decision and engineer's report to obligor. The time for action by the township council and submission of a copy of the decision and the township engineer's report to the obligor shall be in accordance with the following:
a. The township council, 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 upon the establishment in the resolution of cause for rejection and shall approve and authorize the amount of reduction 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 N.J.S.A. 40:55D-53a. 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 council, the obligor shall be released from all liability pursuant to its performance guarantee, 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 percent of the amount of the total performance guarantee posted may be retained to ensure completion and acceptability of all improvements.
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the township engineer and appended to the performance guarantee pursuant to N.J.S.A. 40:55D- 53a, including any contingency factor applied to the cost of installation. If the sum of the approved improvements would exceed 70 percent of the total amount of the performance guarantee, the township may retain 30 percent of the amount of the total performance guarantee to ensure completion and acceptability of all improvements, as provided in this subsection.
b. If the township engineer fails to send or provide the list and report as requested by the obligor pursuant to subsection (i)(3) of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the township engineer to provide the list and report within a stated time, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
If the township council fails to approve or reject the improvements determined by the township engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the township engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the compete aria satisfactory improvements aria approval or a reduction in the performance guarantee for the complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the township engineer and appended to the performance guarantee pursuant to N.J.S.A. 40:55D-53a, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party
c. If the obligor has made a cash deposit with the township or approving authority as part of the performance guarantee, any partial reduction granted in the performance guarantee 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 guarantee.
(5) Failure of the township engineer or township council to act in a timely manner; obligor's remedy. The obligor's remedy for failure of the township engineer or township council to act in a timely manner shall be as follows:
a. If the township engineer fails to send or provide the list and report as requested by the obligor within 45 days of the receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the township engineer to provide the list and report within a stated time, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
b. If the Township council fails to approve or reject the improvements determined by the township engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the township engineer's report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the township engineer and appended to the performance guarantee, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(6) Rejection of improvements. If any portion of the required improvements are rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the obligor may again notify the township council of completion and request release of the performance guarantee. The same review procedure of notification as set forth in this subsection for the initial notification and request for release shall be utilized.
(7) Right of obligor. Nothing in this subsection, however, shall be construed to limit the right of the obligor to contest, by legal proceedings, any determination of the township council or the township engineer.
(8) Payment of inspection fees. The obligor shall reimburse the township for all reasonable inspection fees arising out of 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 $500.00 or five percent of the cost of improvements, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4. For those developments for which the inspection fees are less than $10,000.00, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50 percent of the inspection fees. When the balance on deposit drops to ten percent of the inspection 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 percent of the inspection fees. For those developments for which the inspection fees are $10,000.00 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 percent of the inspection fees. When the balance on deposit drops to ten percent of the inspection 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 percent of the inspection fees. The township engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
(9) Payment by charitable, philanthropic, fraternal or religious nonprofit organization. Notwithstanding anything to the contrary in this section, any application for subdivision or site plan approval or any other land development matter submitted by a charitable, philanthropic, fraternal or religious nonprofit organization holding a tax exempt status under the Federal Internal Revenue Code of 1954 (26 USC 501(c) or (d)) shall not be required to make payment in full of any escrow accounts, but rather shall:
a. Pay 25 percent of the total escrow amount otherwise due when the application is submitted.
b. After the application is submitted, the applicant must at all times maintain on account a minimum of ten percent of the total escrow amount due in order to cover those items paid for out of the escrow account.
c. If the amount on deposit in the escrow account for the applicant should fall below the required ten-percent minimum, the applicant shall be required to replenish the escrow account so that a ten-percent balance of the total escrow amounts due is held on account by the township.
d. In determining whether an applicant qualifies for this reduction in escrow accounts, in addition to showing that it is a charitable, philanthropic, fraternal or religious nonprofit organization holding a tax-exempt status as referred to in this subsection, the organization must also show that:
1. It primarily serves the residents of the township;
2. It promotes the public health, safety and welfare of the residents of the township;
3. Collection of the fees would constitute an economic hardship upon the applicant; or
4. The unique characteristics of the application make collection of the full fees substantially disproportionate to the regulatory costs applicable to reviewing the application.
(10) Approval by sections or phases. If final approval is by sections or phases of development as provided in this chapter, the provisions of this subsection shall be applied by section or phase.
(j) maintenance guarantees. Following completion or all required public and private improvements and as a condition of release of the performance guarantee, if any, the developer shall post a maintenance guarantee with the township clerk for maintenance of improvements which the municipal agency may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, bikeways, street lighting, shade trees and replacement trees required to comply with article IV of chapter 118, surveyor's monuments, water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures and improvements to public space. Maintenance guarantees shall not be required for items included under soil erosion and sediment control requirements or landscaping beyond a grass lawn, required shade trees and required screenings. This maintenance guarantee, which may be a surety bond and shall not, by operation of law, be all cash, shall not exceed 15 percent of the cost of the improvements and shall be posted for a period not to exceed two years after final acceptance of the improvements. Nothing contained in this subsection shall be construed to limit the township's ability to require entry into any maintenance agreements regarding on-site or offsite improvements. (Code 1988, § 175-53; Ord. No. 28-94, § 9, 8-16-1994; Ord. No. 38-99, § III, 8-13-1999; Ord. No. 77-99, § 1, 1-18-2000; Ord. No. 2007-16, § I, 3-27-2007)
(a) Application requirements. At least ten days and no more than 20 days prior to a regular meeting of the municipal agency, the applicant for a conditional use shall file the following documents with the secretary of the municipal agency:
(1) Area plan. The applicant shall submit 16 black- or blue-line copies of an area plan, drawn to a scale no smaller than one inch equals 400 feet, showing the premises affected by the application and the lot, block numbers and names of owners of all property within 200 feet of such premises.
(2) Plot plan. The applicant shall submit 16 black- or blue-line copies of a plot plan of the property which is the subject of the application, drawn to scale, showing all locations, lot dimensions and dimensions of existing and proposed structures.
(3) Application forms. The applicant shall submit three copies of a completed application form, which form shall be obtained from the secretary of the municipal agency.
(4) Environmental impact statement. An environmental impact statement shall be submitted pursuant to the requirements of article V of this chapter.
(5) Disclosure of ownership. Disclosure of ownership shall be pursuant to section 622838(b).
(6) Letter acknowledging review by state. Application and proof of the application shall be made to the state department of environmental protection and energy for a letter of interpretation or an exemption letter, acknowledging review by this agency.
(b) Application procedure. The application procedure shall be as follows:
(1) Copies of application; review and reports. The secretary of the municipal agency shall, within three days, forward a copy of the completed application to the township planner and township engineer and such other officials as the board may direct and shall request each to review the application and to file a written report of his findings and recommendations prior to the next regular meeting of the board.
(2) Notice of hearing. The applicant shall comply with hearing and notice requirements of this chapter.
(3) Copies of decision. The secretary shall mail a copy of the decision of the board to the applicant or his attorney and to all other persons who have requested it, within ten days after approval has been granted or denied. The secretary shall also file a copy of the decision with the township clerk and shall cause a brief notice of the decision to be published in the official newspaper of the township.
(4) Signatures required upon approval. If the application is approved, the approval shall be noted on the plot plan and shall be signed by the chairman and the secretary of the board within ten days of the date of approval.
(c) Time for decision. Limitations on the time for making a decision are as follows:
(1) Time for grant or denial. The municipal agency shall grant or deny an application for a conditional use within 95 days of the submission of a complete application by a developer and the secretary of the municipal agency or within such further time as may be consented to by the applicant.
(2) Site plan review. The review by the municipal agency of a conditional use shall include any required site plan review pursuant to this chapter. The time period for action by the municipal agency or conditional uses, pursuant to subsection (c)(1) of this section, shall apply to such site plan review.
(3) Failure to act. Failure of the board to act within the period prescribed shall constitute approval of the application, and a certificate of the township clerk as to the failure of the board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, required in this section, and shall be so accepted by the county recording officer for purposes of filing subdivision plats. Whenever review or approval of the application by the county planning board is required by N.J.S.A. 40:27-6.3, for a subdivision, or N.J.S.A. 40:27-6.6, for a site plan, the planning board 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. (Code 1988, § 175-54)
(a) Application requirements. At least ten days and no more than 20 days prior to a regular meeting of the municipal agency, the applicant for a variance shall file the following documents with the secretary of the municipal agency:
(1) Area plan. The applicant shall submit 16 black- or blue-line copies of an area plan, drawn to a scale no smaller than one inch equals 400 feet, showing the premises affected by the application and the lot and block number and names of owners of all property within 200 feet of the premises.
**Webmasters Note: The previous sections, 62-165(j) through 62-167(a)(1), have been amended as per Supplement No. 9.
(2) Plat plan. The applicant shall submit 16 black- or blue-line copies of a plot plan of the property which is the subject of the application, drawn to scale, showing all locations, lot dimensions and dimensions of existing and proposed structures.
(3) Certification by tax collector. The applicant shall submit a certificate by the tax collector that all municipal taxes due and owing by the applicant have been paid.
(4) Application forms. The applicant shall submit three copies of a completed application form, which form shall be obtained from the secretary of the municipal agency.
(5) Disclosure of ownership. Disclosure of ownership shall be pursuant to section 62-2838(b).
(b) Application procedure. The application procedure shall be as follows:
(1) Copies of application; review and report. The secretary of the municipal agency shall, within three days, forward a copy of the completed application to the township planner, the township engineer, the chairman of the subdivision and site plan review committee and such other officers as the board may direct and shall request each to review the application and to file a written report of his findings and recommendations prior to the next regular meeting of the board.
(2) Notice of hearing. The applicant shall comply with the hearing and notice requirements of this chapter.
(3) Copies of decision; publication. The secretary shall mail a copy of the decision of the board to the applicant or his attorney and to all other persons who have requested it, within ten days after approval has been granted or denied. The secretary shall also file a copy of the decision with the township clerk and shall cause a brief notice of the decision to be published in the official newspaper of the township.
(4) Signatures required upon approval. If the application is approved, the approval shall be noted upon the plot plan and shall be signed by the chairman and the secretary of the board within ten days of the date of approval.
(5) Approval limited to scope of application. In approving a use variance, the municipal agency shall approve only the use for which the applicant seeks approval. The extent of development, including the number of units or the size of units or structures, shall be determined only after the applicant has submitted an application for subdivision or site plan approval. Nothing in this section shall be construed to prevent the applicant from submitting applications for approval of a use variance and for approval of a subdivision or site plan simultaneously.
(6) Site plan required for variance affecting three or more lots. In approving a variance, other than a use variance, which affects more than three lots, the municipal agency shall not approve the number of lots to be created or the number of units to be constructed thereon. Such determination shall be made only after the applicant has submitted an application for subdivision or site plan approval. Nothing in this section shall be construed to prevent the applicant from submitting an application for approval of other than a use variance and for approval of a subdivision or site plan simultaneously.
(c) Time for approval when exercising certain powers of the planning board. Whenever an applicant for development requests relief pursuant to section 62-114(d), the board of adjustment shall grant or deny approval of the application within 120 days after submission by the developer of the complete application to the township planner or within such other time as may be consented to by the applicant. If the developer elects to submit separate consecutive applications, such provision shall apply to the application for approval of the variance. Approval for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the board of adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the proper township official as to the failure of the board of adjustment to act shall be issued upon request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval required and shall be so accepted by the county recording officer for purposes of filing subdivision plats. Whenever review or approval of the application by the county planning board is required by N.J.S.A. 40:27-6.3, for a subdivision, or N.J.S.A. 40:27-6.6, for a site plan, the board of adjustment 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. An application under this subsection may be referred to any appropriate person or agency, including the township planning board, for its report, provided that such reference shall not extend the period of time within which the board of adjustment shall act.
(d) Expiration of variance. Any variance from the terms of this chapter granted by the board of adjustment or planning board permitting the erection or alteration of any structure or permitting a specified use of any premises shall expire by limitation, unless a construction permit for such construction or alteration shall have been issued or unless such permitted use. has actually commenced within 12 months from the date of the judgment or determination of the board. However, the running of the period of limitation provided in this subsection shall be tolled from the date of the decision of an appeal from the decision of the board to the township council or to a court of competent jurisdiction, until the termination, in any manner, of such appeal or proceeding. No construction permit, once issued, shall be renewed without approval of the board which granted the initial variance. A variance approval may be extended for no more than 12 additional months beyond the expiration of the variance upon a finding by the board, at a duly noticed public hearing, that the character of the neighborhood, the general hardship, special reasons or other findings of fact upon which basis the variance was initially granted have not changed in the interim. (Code 1988, § 175-55; Ord. No. 65-94, § 6, 12-6-1994)
