Where a street or other public way serves as the zoning district line and it is lawfully vacated, the former center line shall be considered the zoning district line.
A. In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the Township or an interested party, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
B. If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which Township approval is required by ordinance pursuant to this chapter, such person shall be subject to a penalty not to exceed $1,000 and each lot disposition so made may be deemed a separate violation.
C. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of the provisions of this chapter or any order, decision or determination by the Zoning Board of Adjustment shall be subject to the penalties in § 4-3 of the Code. Starting on the sixth day after written notice of violation either by registered mail or by personal service has been served upon the person, firm or corporation involved, each and every day that such violation continues shall be considered a separate and specific violation of this chapter without the service of additional notice.
D. In addition to the foregoing, the Township may institute and maintain a civil action:
(1) For injunctive relief; and
(2) To set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56 as amended.
E. As allowed by applicable law, 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.
No application shall be approved pursuant to this chapter if there are taxes or assessments for local improvements due and/or delinquent on the property for which said application is made.
A. No development shall take place in the Township of Marlboro except in conformance with this chapter.
B. All zoning, site and subdivision requirements of this chapter shall be met at the time of occupancy, subdivision use, development, improvements, construction, reconstruction, erection, enlargement, moving or change of use of land or structures or any change in any aspect covered by this chapter and shall apply to the entire structure(s) and lands whether or not the entire structure, structures, site or lands are involved.
C. All developments resulting from subdivision and site plan approvals shall comply with all the design and performance standards of this chapter, including conditions imposed by the approving authority as shown on the approved plat and/or included in the resolution adopted by the approving authority.
D. No later than at the time a deposit is accepted by a builder, real estate broker or real estate agent from a prospective purchaser, the prospective purchaser shall be informed of all easements on the property to be purchased and the then-current restrictions that are conveyed with those easements. The prospective purchaser must be permitted to inspect any available map or survey that denotes such easements or restrictions. At the same time, the potential purchaser must sign a document stating that he fully understands the nature of the limitations, easements or restrictions as they may affect the property that he is purchasing, and that while he could seek a variance from such easements or restrictions, the granting of such a variance is not assured by the Township of Marlboro or any of its boards or agencies. [Added 7-14-1988 by Ord. No. 32-88]
A. Regulation of the development of land and the attachment of reasonable conditions to development applications is an exercise of valid police power delegated by the state to this Township. The applicant has the duty of compliance with reasonable conditions laid down by the approving authority for design, dedication, improvements and the use of the land so as to conform to the physical and economical development of the Township and to the safety and general welfare of the future residents and/or owners in the development and in the community at large. Where County Planning Board review or approval is required on a subdivision or site plan, the approving authority shall condition any approval it grants upon either timely receipt or a favorable report by the County Planning Board due to its failure to submit a report within the required time period. If the county's report is negative or attaches conditions, the original action by the Township approving authority shall be null and void, and at the next regular meeting a new resolution shall be adopted which considers the County Planning Board's report unless an extension of time is granted by the applicant.
B. The Planning Board may conditionally approve a subdivision or site plan requiring action by the Zoning Board of Adjustment where the relief requested is beyond the scope of the Planning Board powers covered in § 220-9D(2)(b) of these regulations, by resolution. Such conditional approval shall be subject to all the following requirements, limitations and conditions:
(1) No transfer of the land shall proceed unless and until the required variance shall have been granted. If the variance is granted, the developer shall present a certified copy of the Zoning Board of Adjustment resolution and approved plat to the Planning Board for Planning Board approval of the subdivision or site plan in accordance with all provisions of its regulations.
(2) Such conditional approval shall expire unless the developer shall file an application with the Zoning Board of Adjustment for the required variance within 45 days following such conditional approval, and in any event the conditional approval shall expire if the Zoning Board of Adjustment denies the application. This time limit may be extended by the Planning Board for good cause shown.
A. Before any permit shall be issued for a conditional use, application shall be made to the approving authority. The approving authority shall grant or deny the application after public hearing but within 95 days of submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. Where a conditional use application involves a major site plan or major subdivision, notice of public hearing shall include reference to all matters being heard and the approving authority shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application. Failure of the approving authority to act within the required time period shall constitute approval of the application.
B. In reviewing the conditional use application, the approving authority shall review the number of employees and users of the property and the requirements set forth in this chapter, and shall give due consideration to all reasonable elements which would affect the public health, welfare, safety, comfort and convenience, such as but not limited to effects on adjacent properties, buffer areas, the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, noise, dust, drainage, sewage treatment, parking, potable water supply, screening, utilities and structural location(s) and orientation(s). The use for which conditional uses are granted shall be deemed to be permitted uses in their respective districts, and each conditional use shall be considered as an individual case. In all requests for approval of conditional uses, the burden of proof shall be on the applicant. All conditional uses shall require site plan review and approval by the Planning Board. Prior to making its decision, the approving authority shall be satisfied that the conditional use is reasonably necessary for the use and convenience of the public in the location proposed.
C. In the granting of conditional uses, a time limit of one year from the date of the conditional use approval shall be set within which the owner shall secure a building permit, otherwise the conditional approval granted shall be null and void. This time limit may be extended by the approving authority for good cause shown.
[Amended 5-8-1986 by Ord. No. 17-86; 6-13-1986 by Ord. No. 22-86; 5-14-1987 by Ord. No. 13-87; 5-1-1987 by Ord. No. 18-87; 6-11-1987 by Ord. No. 22-87; 9-10-1992 by Ord. No. 21-92; 12-14-1993 by Ord. No. 64-93; 2-24-1994 by Ord. No. 2-94]12-12-1996 by Ord. No. 39-96]
A. No final subdivision plat or site plan shall be approved by the approving authority until all items required to be bonded (on-site, off-site, on-tract and off-tract) have been installed, inspected, certified and approved by the Township Engineer and accepted by the governing body and a maintenance guaranty has been filed and accepted by the governing body in accordance with the requirements of this section, or their installation shall have been provided for by a performance guaranty accepted and approved by the Township Engineer and Township Attorney in accordance with the requirements of this section. The performance guarantee shall assure the installation and completion of improvements which the approving authority may deem necessary or appropriate including, but not limited to, streets, grading, pavement, gutters, curbs, driveways and driveway aprons, sidewalks, streetlighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, on-site, and off-site drainage control measures, including, but not limited to, grading, erosion, control and sedimentation control devices, public improvements of open space, and, in the case of site plans only, other on-site improvements and landscaping. No maintenance bond shall be accepted nor shall any partial facility be accepted for any item which has further stages of work to be completed or which will need to be altered or reworked in any manner due to the installation or connection of any other facility. Any improvements installed prior to final plat application that do not meet the standards of this chapter or other regulations shall be added to the performance guaranty. [Amended 7-15-2010 by Ord. No. 2010-12; 6-16-2011 by Ord. No. 2011-14]
B. The proposed performance guaranty shall be submitted to the approving authority by the developer. The approving authority shall review the proposed performance guaranty and submit it to the Township Engineer and Township Attorney for approval and acceptance. Final plat application shall not be accepted until the performance guaranty has been accepted and approved. [Amended 7-15-2010 by Ord. No. 2010-12]
(1) The performance guaranty shall consist of the performance guaranty estimate and a performance bond in a form acceptable to the Township Engineer and Township Attorney, in which the developer shall be principal and an acceptable surety company licensed to do business in the State of New Jersey shall be surety, a certified check which shall be deposited with the Township of Marlboro by payment to the Township Chief Financial Officer, or an irrevocable domestic letter of credit in a form satisfactory to the Township Attorney. The Township Chief Financial Officer shall cause the certified check to be deposited in a bank approved by the governing body in the name of the Township of Marlboro, to be retained as security for completion of all requirements and to be returned to the developer upon completion of all required work or, in the event of a default on the part of the developer, to be used by the Township of Marlboro to pay the cost and expense of obtaining completion of all requirements. If the required improvements have not been installed or constructed in accordance with the standards of the Township or within the stipulated time, the obligor and/or surety, as provided by law, for the bond shall be liable thereon to the Township for the reasonable costs of the improvements or the uncompleted portions thereof, including engineering costs, and upon authorization by the governing body, the Township Attorney shall take the necessary steps to obtain such costs from the obligor and/or surety.
(2) The total performance guaranty shall equal 120% of the cost of installation, which cost shall be determined by the Township Engineer in accordance with the method of calculation provided in N.J.S.A. 40:55D-53.4, as set forth herein, for improvements which the approving authority may deem necessary or appropriate.
(a) The Township Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guaranty, which itemized cost estimate shall be appended to each performance guaranty posted by the developer.
(b) Pursuant to N.J.S.A. 40:55D-53.4, the cost of the installation of improvements shall be estimated by the Township Engineer. The developer may appeal the Township Engineer's estimate to the governing body. The governing body shall decide the appeal within 45 days of receipt of the appeal in writing by the Municipal Clerk. After the developer posts a guaranty with the municipality based upon the cost of the installation of improvements as determined by the governing body, 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 guaranty.
(c) Ninety percent of this guaranty shall be either in cash, certified check, irrevocable letter of credit pursuant to N.J.S.A. 40:55D-53.5 or surety bond of a bonding company approved by the governing body. The remaining 10% shall be in cash and shall be paid in like manner and under the same conditions as the security aforesaid. In the event of default, the ten-percent cash fund herein mentioned shall be first applied to the completion of the requirements and the cash, certified check, irrevocable letter of credit or surety bond shall thereafter be resorted to, if necessary, for the completion of the requirements. The cash, irrevocable letter of credit or surety bond may recite the foregoing provision. The Township Engineer's certification that the principal has satisfactorily installed or has defaulted in meeting the required standards of construction shall be the basis of governing body action which accepts or rejects the improvements, withholds approval, institutes appropriate action to obtain costs and expenses from the obliger and/or surety in cases of default, or the governing body may extend the time allowed for installation of improvements.
(d) In no event shall any construction be commenced until the developer has complied with all of the requirements for final approval.
(3) Before recording a final subdivision plat, or before applying for a construction permit for a project for which subdivision or site plan approval has been granted, the developer of a residential housing project shall have filed with the Township a performance guarantee in an amount equal to 30% of the total estimated cost to the Township of constructing all residential private site work improvements as estimated by the Township Engineer. The purpose of the residential private site works performance guarantee is to assure that installation of such residential private site work improvements on or before an agreed date, guaranteeing the completion of all such residential private site work improvements without damage to or interference with adjacent properties or public facilities. In addition, the developer of a residential housing project shall hold the Township, the Township Council, Township Planning Board and Zoning Board of Adjustment and their employees and agents harmless with respect to any act of the developer, its agents, successors or assigns. The total estimated cost to the Township of constructing all such residential private site work improvements shall be based upon the estimated contract construction costs which would prevail upon expiration of the guarantee and shall also include appropriate allowances for contract-related costs such as engineering, legal, financial and other usual costs. Such performance guarantee may be in the form of cash, certified check, negotiable securities, a performance bond issued by a bonding or surety company approved by the Township Council or any other type of surety accepted to and approved by the Township Attorney and the Township Council. If at the time the performance guarantee is filed with the Township the developer has not also filed with the Township proof that necessary performance guarantees have been filed and accepted by other governmental bodies, authorities, public utility companies and private utility companies which have jurisdiction over improvements in the subdivision or residential development, the amount of the residential private site work improvement performance guarantee shall be increased to reflect the cost of such private improvements.
(4) If the performance guarantee posted with and accepted by the Township is in a form other than cash, certified check or negotiable securities, the various offices of the Township having jurisdiction may require the developer to post a cash escrow with the Township Treasurer for the estimated cost of any residential private site work improvements which are uncompleted at the time the developer requests a certificate of occupancy, and which residential private site work improvements are within the jurisdiction of their respective offices.
(5) Residential private site work shall include driveways, curbing, walkways, water distribution facilities, sanitary sewage facilities, storm drainage facilities, finished grades of site work and landscaping. Residential private site work excludes any buildings and other work included in the Uniform Construction Code, utilities to be owned by a public utility or work under the jurisdiction of another governmental entity over which the Township has no control.
(6) Township officials may, in their discretion, require the applicant to place a cash escrow with the Township, in addition to this performance bond, at the time of application for certificate of occupancy for any uncompleted residential private site work not required for issuance of a certificate of occupancy.
(7) The applicant shall provide, with the application for final submission approval or application to commence construction of residential private improvements or for site plan approval, a quantity take-off list, prepared by a licensed professional engineer, for the proposed residential private site work improvements.
C. The Township Clerk shall immediately notify the approving authority when the performance guaranty has been approved and accepted by the Township Engineer and Township Attorney. [Amended 7-15-2010 by Ord. No. 2010-12]
D. Inspection costs: [Amended 7-15-2010 by Ord. No. 2010-12]
(1) Prior to beginning any site improvements, changes, grading, construction, residential private site work improvements or any other site work covered by this chapter, the developer shall arrange for a preconstruction conference between the developer, contractor and Township Engineer, at which time inspection fees shall be paid if not previously paid. All improvements, including residential private site work improvements, shall be inspected during the time of their installation under the supervision of the Township Engineer to ensure satisfactory completion. The Township Engineer shall be notified by the developer 14 days in advance of the start of initial construction and five days in advance of all subsequent phases of construction if a time period of five days has lapsed since the date of last inspection. The cost of said inspection shall be the responsibility of the developer. The developer shall reimburse or pay to the municipality and to the inspection agency designated by the municipality, as the case may be, all reasonable construction inspection fees in excess of the initial construction inspection fee, as covered below, by submitting a certified check or bank money order to the Municipal Clerk upon receipt of a bill from the municipality. This fee shall be in addition to the amount of the performance guaranty and all other fees covered by this chapter. The municipality may require that the developer submit 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, including residential private site work improvements, which cost shall be determined pursuant to Subsection B(2)(b). 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 Municipal 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 Municipal Engineer for inspection, the developer shall make additional deposits of 25% of the reasonably anticipated fees. The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
(2) Improvement costs, as estimated in this section, shall be defined to include material, construction and installation costs of grading, pavement, surveyors' monuments, drainage structures, storm sewers, sanitary sewers and other means of sewage disposal, water mains, fire-protection features, streets, gutters, curbs, culverts, sidewalks, streetlighting, shade trees, parking areas, landscaping, street signs, erosion control and sedimentation control devices, public improvements of open space and other on-tract and off-tract improvements. Residential private site work improvement costs as estimated in this section shall be defined to include material, construction and installation costs of driveways, curbing, walkways, water distribution facilities, sanitary sewage facilities, storm drainage facilities, finished grades of site work and landscaping.
(3) Groundwater elevation testing. At the time of the payment of other fees due pursuant to this section, the developer shall pay a fee in connection with the application for a building permit in the amount of $120 for each and every building lot, or a total of $300 where multiple building lots are affected with a single structure. The purpose of this fee is to provide for inspections in order to determine the groundwater elevation and to determine compliance with § 220-35D(1)(a) and for no other purposes. In cases where multiple building lots are affected with a single structure, a minimum of two inspections shall be performed.
E. No work covered by development approval and/or ordinance provisions shall be done without permission from the Township Engineer. A representative of the Township Engineer's office shall, at the option of the Township Engineer, be present at the time all work is performed. No underground installation shall be covered until inspected and approved.
F. Electric, gas, telephone and all other utility installations installed by utility companies are excepted from the above requirements.
G. An occupancy permit will be issued only when all improvements to the building or dwelling for which the permit is sought are completed. The improvements referred to in the within section are the improvements that bear a direct correlation to the health, safety and welfare of the would-be occupants or residents of the building or dwelling for which the permit is sought
H. Inspection by the Township of Marlboro Engineer or other agents, servants or employees of the installation of improvements and utilities by the developer shall not operate to subject the Township of Marlboro to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter, it being recognized that the responsibility to maintain safe conditions at all times during construction and during the life of performance and maintenance bonds, and to provide proper utilities and improvements, is upon the developer and his contractors, if any.
I. No occupancy permits will be issued for the last 20% of the number of homes in any section of a development until such time as all improvements to that section shall have been completed. Streets shall not receive surface coat paving until all heavy construction is completed. Occupancy permits may be issued without shade trees having been installed and accepted and without pavement topping constructed and accepted and without seeding and minor grading where these omissions are necessitated by weather conditions. However, no performance bonds may be released or reduced without such total acceptance.
J. The requirements of N.J.S.A. 40:55D-53 entitled "Guarantees required; surety; release," shall be followed in the acceptance of performance guaranties and the release of such guaranties. No performance guaranties shall be reduced until there is substantial completion of the improvements covered by the guaranty.
K. If any portion of the required improvements are rejected, the approving authority may require the obligor to complete such improvements, and upon completion the same procedure of notification as set forth in this section shall be followed.
L. Reduction in performance bond; inspection of completed improvements.
(1) Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements and the connection of the same to the public system, the developer 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 guaranty pursuant to Subsection B(2)(a) of this section, a list of all uncompleted or unsatisfactorily completed improvements, If such a request is made, the developer shall send a copy of the request to the Planning Board and Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the developer. Thereupon, the Township Engineer shall inspect all improvements covered by the developer's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the developer not later than 45 days after receipt of the developer'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 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 B(2)(a) of this section.
(3) The governing body, 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 guaranty relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to Subsection B(2)(a) of this section. 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 governing body, the developer 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 performance guaranty posted may be retained to ensure completion and acceptability of all improvements. Agreement to the reduction of the performance guaranty in accordance with the provisions of this section shall not constitute approval or acceptance of any of the improvements by the governing body.
(4) If the Township Engineer fails to send or provide the list and report as requested by the developer pursuant to Subsection L(1) of this section within 45 days from receipt of the request, the developer 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.
(5) If the governing body fails to approve or reject the improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guaranty for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the developer 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 guaranty for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to Subsection B(2)(a) of this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(6) In the event that the developer 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 section 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.
(7) If any portion of the required improvements is rejected, the approving authority may require the developer 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.
M. The approval of any plat under this chapter by the approving authority shall in no way be construed as acceptance of any street or drainage system or any other improvement required by this chapter, nor shall such plat approval obligate the Township in any way to maintain or exercise jurisdiction over such street or drainage system or other improvement.
N. In addition to the requirements of Subsection L of this section, no improvement shall be accepted or any performance guaranty released by the governing body for a site plan or major subdivision, or any section thereof, unless and until all of the following conditions have been met:
(1) The Township Engineer shall have certified in writing that all the improvements are complete and that they comply fully with the requirements of this chapter and other applicable local ordinances.
(2) The developer has provided a maintenance guaranty in cash, surety bond or irrevocable letter of credit pursuant to N.J.S.A. 40:55D-53.5 in an amount equal to 15% of the cost of improvements, which cost shall be determined by the Township Engineer according to the method of calculation set forth in Subsection B(2)(b), and running for two years. The maintenance guaranty shall be in a form acceptable to the governing body and approved as to form and content by the Township Engineer and Township Attorney. In the event that other government agencies or public utilities automatically will own the utilities to be installed or that the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Township for such utilities or improvements. The posting of bonds and the payment of inspection fees may, however, be required separately by these agencies.
(3) The developer has installed monuments and provided a sealed letter from its engineer or land surveyor to the Township Engineer certifying the presence in the ground of said monuments as shown on the final plans.
(4) The developer has paid all outstanding inspection fees.
(5) The developer has made all necessary payments to any department, utility or agency as required by the Township Code, state statute or the resolutions of approval of the Planning or Zoning Board.
(6) The developer has provided a final release letter (certificate of compliance) from the Freehold Soil Conservation District for the overall site work.
(7) The developer has filed as-built drawings with the Township Engineer's office, to include the following details, either on a single drawing or on a number of sheets:
(a) All bondable improvements, including but not limited to:
[1] The location(s) of all sanitary sewer lines, storm drainage lines, including yard underdrain systems installed by the developer, inverts and rims or grate elevations of all structures, i.e., catch basins, manholes, yard drains and headwalls. The horizontal runs of storm and sanitary lines should be identified as to the percentage of slope, size, distance between structures and type of material, i.e., RCP, PVC, etc. All areas of riprap and berms should be shown, but dimensions are not necessary. Water lines should be shown as to pipe size and material, with hydrant locations, but inverts are not required.
[2] All curbs, roadways, sidewalks and driveway aprons must be shown, identifying physical, horizontal and right-of-way dimensions.
[3] The current block and lot numbers and lot layout should be reflected on the plan as well as property lines, right-of-way lines and easements. The plans should also include all street names.
[4] Shade tree locations and limits of grading need not be shown.
[5] Center-line grades of all roadways must be shown, either with profiles or center-line spot elevations at least every 50 feet, including existing streets that were improved by widening or overlay.
[6] Typical right-of-way cross section locating sidewalk, curbs and pavement must be shown. Right-of-way dimension and horizontal distances are required; no vertical dimensions are required.
[7] Street signs and traffic safety devices must be shown.
[8] Driveways must be shown.
[9] Ground slope elevations need not be shown, but directional arrows to show overland flow of surface water are required.
[10] If a detention basin was part of the improvements, the top of the slope perimeter should be shown as well as maximum water depth. Also, low flow channels and the actual volume of the basin should be indicated.
(b) All homes, including porches, patios, pools, walks and chimneys, should be shown in general outline, including the type of structure and number of stories, as well as the post office house number designation. Each location need not have setback and offset dimensions but should be drawn so as to be able to graphically ascertain this information within two- to three-foot accuracy.
(8) The developer has posted a separate bond, subject to Council approval, relating to shade trees in the event that inspections of the same were performed during the winter season when there are no leaves on the trees and where this is the sole remaining item as to release.
O. The time allowed for installation of the improvements for which the performance guaranty has been provided is two years, but it may be extended by the governing body by resolution. As a condition or as a 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 the installation, which cost shall be determined by the Township Engineer according to the method of calculation as set forth in Subsection B(2)(b).
P. If the required improvements are not completed or corrected in accordance with the performance guaranty, the developer 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 P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.).
Q. Developer's agreement. All final plat approvals shall be subject to the developer entering into a developer's agreement with the Township of Marlboro. The agreement shall be in a form approved by and satisfactory to the Municipal Attorney.
R. If the approving authority includes as a condition of approval of an application for development the installation of streetlighting 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 the streetlighting on a dedicated public street has been installed and accepted for service by the public utility and 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 this section pursuant to N.J.S.A. 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 streetlighting on the dedicated public street on a continuing basis. Compliance by the municipality with the provisions of this subsection shall not be deemed to constitute acceptance of the street by the municipality.
[Added 10-20-2005 by Ord. No. 2005-53; amended 3-2-2006 by Ord. No. 2006-10]
A. Streetlight contribution program. Lights for illuminating streets, parking areas, driveways, walkways and other areas shall be of a type approved by the municipal agency empowered to grant site plan or subdivision approval and the electric utility company. The developer shall pay to the Township an amount equal to the per-streetlighting-unit installation charge, and the capital contribution to be paid by the Township pursuant to the capital contribution program provided by the Jersey Central Power and Light Company, for each streetlighting unit required to be installed by the developer either on or off site along a street, parking area, walkway or other area dedicated or to be dedicated to the Township or county, pursuant to the approval of the Zoning Board of Adjustment or the Planning Board, as the case may be. The amount of the required payment shall be included in the developer's agreement and shall be paid prior to the commencement of construction activity by the developer.
B. In conformance with N.J.S.A. 40:55D-53.6, the Township shall only make appropriate arrangements with the public utility for, and assume the payment of, the costs of the streetlighting on a public street, parking area, walkway or other area dedicated or to be dedicated to the Township, pursuant to the approval of the Zoning Board of Adjustment or the Planning Board upon the developer providing the Township written proof from the public utility that the developer has fully paid the public utility for the operating costs associated with the streetlights up through and including the date the Township accepts responsibility for the streetlights.
A. Enforcing officer.
(1) It shall be the duty of the Zoning Officer appointed by the Township of Marlboro to administer and enforce this chapter. No structure shall be modified, extended, enclosed, constructed, reconstructed, structurally altered or erected until a building permit is obtained from the Building Inspector, for which a fee may be required as established by resolution of the Township Council. In no case shall a building permit be issued for the construction or alteration of any structure or site until the Building Inspector determines that the proposed construction or alteration conforms to the provision(s) of this chapter. It shall be the duty of the Zoning Officer and Building Inspector to cause any new or modified structures, plans, sites or premises to be inspected or examined and order the owner, in writing, that any condition be remedied which is found to exist in violation of any provisions of this chapter. The Building Inspector and/or Zoning Officer shall have the right to enter any structure or premises during the daytime in the course of his duties. It shall be the duty of the Building Inspector to keep a record of all applications and building permits which are either issued or denied, with notations of any conditions involved, which data shall form a part of the Township public records.
(2) It shall be the duty of the Township Engineer to monitor all development activities concerned with approved subdivisions and site plans and, in case of any ordinance and/or plan violations, to promptly report to and require prompt corrective action by the developer, and to keep the Planning Board promptly and fully informed of such violations and corrective action so that further legal action may be taken if required.
B. Right to revoke approvals. The Planning Board shall have the right to revoke site plan or subdivision approval theretofore given when the applicant, property owner, successor property owners, their contractor(s) or other agent(s), servant(s) and/or employee(s) deviate in a material and/or substantial manner from the standards, conditions and/or requirements of site plan or subdivision approval in the construction, maintenance and/or development of the property, land or site or a portion of the same. Notice of such deviation shall be given to the Chairman of the Planning Board by the Zoning Officer or Municipal Engineer, who shall thereafter cause written notice of the charge to be served upon the developer and/or property owner at the address shown by the tax assessment records of the Township. The notice shall state that the Planning Board shall hold a hearing in order to determine whether site plan or subdivision approval should be revoked because of the deviation from the standards, conditions and/or requirements of site plan or subdivision approval. The property owner may appear personally and participate at such hearing and may be represented by an attorney at law. The hearing may be scheduled not earlier than seven days after receipt of the written notice by the Chairman nor later than 45 days after such receipt, provided that the property owner and/or developer shall have at least five days' notice of such hearing. Service by mail of the notice upon the property owner shall be deemed to have been made upon deposit of a properly addressed notice in the United States Mail.
C. Violations and penalties. [Added 7-15-2010 by Ord. No. 2010-11]
(1) Any property owner, resident, State of New Jersey licensed home improvement contractor, pursuant to N.J.S.A. 56:8-136 et seq., or other person regulated by the state as an architect, professional engineer, landscape architect, land surveyor, electrical contractor, master plumber, or any other person in any other related profession requiring registration, certification or licensure by the state, who is acting within the scope of practice of his profession (hereinafter collectively referred to as, "licensed professionals or contractors"), who fails to pay the required fee and obtain a permit pursuant to § 220-32A hereinabove, and who shall undertake or cause to undertake such construction work without a permit therefor shall be deemed to be in violation of this chapter. Such violations shall, upon conviction thereof, be punishable by a minimum fine of $250 for the first violation, $500 for the second violation and $1,000 for a third or subsequent violation, with the maximum fine not to exceed $2,000, or imprisonment or community service for a term not to exceed 90 days, or by both such fine and imprisonment or community service, in the discretion of the Municipal Court Judge. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation(s) may be punished as provided above for each separate offense.
(2) Any licensed home improvement contractor or licensed professionals or contractors who are convicted of violating the provisions of this chapter with the date of the violation having taken place within one year of the date of a previous violation of this chapter, and who were fined pursuant to § 220-32C(1), shall be sentenced by the Marlboro Township Municipal Court to an additional fine(s) as a repeat offender. The additional fine(s) imposed for repeat offenders shall be calculated separately from the fine(s) imposed for such additional violation(s).
(3) In accordance with the provisions of N.J.S.A. 40:49-5, the Township shall waive the imposition of additional fines as a repeat offender upon a property owner or resident for repeated violations of this chapter within a one-year period. Pursuant to § 220-32C(2), licensed home improvement contractors and licensed professionals or contractors shall be subject to additional penalties and fines for subsequent violations of this chapter within a one-year period as repeat offenders, each such subsequent violation to be deemed a separate offense, as set forth in § 220-32C(2).
(4) The Municipal Court Clerk shall forward a copy of all convictions issued pursuant to violations of this chapter upon licensed home improvement contractors and licensed professionals or contractors to the New Jersey Department of Community Affairs.
