a. Required Documents. Prior to issuance of a Certificate of Completeness or scheduling a hearing of a final plat of a major site plan for public hearing, the Administrative Officer shall determine that the following has been submitted in proper form:
1. Borough Engineer's report.
2. Application for State wetlands approval, if required.
3. Application for a Stream Encroachment Permit, where required.
4. Where applicable, a copy of the permit issued, or if the permit has not been issued, the application filed with the New Jersey Department of Environmental Protection, under the Coastal Area Facility Review Act, and copies of the Environmental Impact Statement and any attachments thereto filed in accordance with the provisions of the Act, or, in the alternate, a statement issued by the Department of Environmental Protection that the proposed development is exempt from the Act.
5. Other submittals that may be required by the Borough Engineer, Planning Board, Board of Adjustment or Federal, State or local law.
6. Required application fees.
7. Fifteen (15) copies of a plat and attachments meeting. the requirements set forth below.
8. When required as set forth in Subsections 25-10.4f, 25-10.6f, 25-10.8f or Subsection 25-10.12f.; five (5) copies of an Environmental Impact Report (EIR) meeting the requirements of Subsection 25-8.13.
b. Plat Requirements. The final plat shall include all data required for the preliminary plat of the major site plan, and shall be drawn to incorporate all changes required as a condition of preliminary approval and shall be drawn by persons and to specifications as required for a preliminary plat and shall be titled "Final Plat - Major Site Plan."
c. Conditions of Approval. Any approval of an application for development of a final plat of a major site plan shall be subject to the following conditions being satisfied, within a period of time specified by the Planning Board or Board of Adjustment, prior to signing of the plat or issuance of a development permit:
1. Payment of any outstanding real estate, water and sewer charges.
2. Submission of additional prints of the plat map and attachments for distribution, if required.
3. Publication of a notice of the decision of the Board by the applicant within the time set forth Subsection 25-3.3f. of this Chapter.
4. Final Monmouth County Planning Board approval (if not previously obtained).
5. Final Red Bank Public Utilities Department approval (if not previously obtained).
6. Payment of the required reproduction and tax map revision fees.
7. Certification of Soil Erosion and Sediment Control Plans (if not previously obtained).
8. Bureau of Fire Prevention approval (if not previously obtained).
9. Granting of State Wetlands Permit (if required).
10. Certification of approval of plans for drainage or watercourse diversions by the State of New Jersey, Department of Environmental Protection, where required.
11. Granting of a Coastal Area Facilities Review Act (CAFRA) Permit, where required.
12. Approval of any required riparian grants or licenses.
13. Granting of any required construction permit.
14. Posting of required performance guarantee.
15. Payment of required inspection fees.
16. Evidence of a comprehensive general liability insurance in an amount not less than three hundred thousand ($300,000.00) dollars per occurrence indemnifying and saving harmless the Borough of Red Bank and its agencies, employees and agents from any liability for any acts of the developer or his agents, contractors or employees in the implementing of the approved site plan. The insurance policy shall provide for ten (10) days notice to the Borough prior to cancellation.
It shall be a violation of this Chapter for any property owner, developer or builder to carry on the construction of the site without having a current valid evidence of insurance on file.
17. Any other conditions which may be imposed by the Board or may be required by Federal, State or local law.
18. A condition setting forth the time within which all other conditions must be satisfied as described in Subsection 25-3.3g. of this Chapter.
d. Certification. In the event that the application for development for a final plat of a major site plan is approved, a certification to that effect in this form:
shall be endorsed on the plat and the original reproducible thereof shall be provided to the Board by the applicant. Said original shall be signed by the Chairman and Secretary of the Board after they receive a certification from the Administrative Officer that all conditions of approval have been satisfied. After signature, the plat shall be reproduced as provided for in Subsection 25-6.4 of this Chapter and the original shall be returned to the applicant.
e. Applicant's Rights Upon Approval. Approval of a final plat shall confer upon the applicant all the rights set forth in N.J.S.A. 40:55D-52 and Subsection 25-3.1k,7. of this Chapter.
(Ord. #686, S 13-6.11)
a. Required Documents. In cases where a proposed exempt development requires Board of Adjustment action on an application for development for either (1) the granting of a variance pursuant to N.J.S.A. 40:55D-70 or (2) direction for issuance of a building permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36; the Administrative Officer shall, prior to issuance of a Certificate of Completeness or scheduling of the application for development for public hearing before the Board of Adjustment, determine that the following has been submitted in proper form:
1. Required application fees.
2. Seven (7) copies of a plot plan and/or other documents which clearly describe the basis for the variance being requested or the basis for direction for issuance of a building permit being requested.
3. Seven (7) copies of an area map showing the tax lot and block numbers of all properties located within two hundred (200') feet of the property for which the application is being made.
4. Any other documents which the Board of Adjustment may request.
b. Conditions of Approval. Any approval of an application for development by the Board of Adjustment or issuance of a development permit under this section shall be subject to the following:
1. The applicant obtaining a building permit, or Certificate of Occupancy where a building permit is not required, within a period of time specified by the Board of Adjustment. The approval shall expire and the development permit shall become invalid if the required permit is not obtained within the specified period.
2. Publication of a notice of the decision of the Board by the applicant within the time set forth in Subsection 25-3.3f. of this Chapter.
3. Any other conditions which the Board of Adjustment may impose.
(Ord. #686, S 13-6.12)
a. Prior to signing of a final plat, issuance of a development permit, and/or the commencing of any clearing, grading or installation of improvements, the developer shall have filed with the Borough a performance guarantee.
1. The guarantee shall be sufficient in amount not to exceed one hundred twenty (120%) percent of the total cost to the Borough, as estimated by the Borough Engineer, of constructing those on-site, offsite and off-tract improvements necessary to protect adjacent property and the public interest in the event development of the subdivision or site were not completed. Such improvements shall include, but are not limited to, drainage facilities necessary to protect off-tract areas from flooding, erosion control and sedimentation control devices, required screening and fencing, all improvements within public rights-of-way, easements and the cost of seeding or otherwise stabilizing the site or subdivision, streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, sur veyor's s monuments, water mains, culverts, storm sewers, sanitary sewers, drainage structures, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping.
2. The total cost shall be estimated by the Borough Engineer based on documented construction costs for public improvements prevailing in the general area of Red Bank. The developer may appeal the Borough Engineer's estimate to the County Construction Board of Appeals pursuant to N.J.S.A. 52:27D-127.
3. Such guarantee shall assure the installation of such improvements on or before an agreed date, guarantee the completion of, all improvements without damage to or interference with adjacent properties or public facilities, and hold the Borough Council and the Municipal Agency and their employees and agents harmless with respect to any acts of the developer, its agents, successors or assigns.
4. The total estimated cost to the Borough of constructing all improvements shall be based upon the estimated contract construction costs, which would prevail upon expiration of the guarantee period, and shall also include appropriate allowances for contract related costs such as engineering, legal, financial and other usual costs, which shall be estimated to be one hundred twenty (120%) percent of the estimated contract construction costs.
5. Such performance guarantee may be in the form of cash, certified check, negotiable securities, a performance bond issued by a bonding company or surety company approved by the Borough Council, irrevocable letter of credit pursuant to N.J.S.A. 40:55D-53.5 or any other type of surety acceptable to and approved by the Borough Attorney and Borough Council, provided that at least ten (10%) percent of the performance guarantee shall be in the form of cash, certified check, or savings passbook or certificate of deposit drawn on an insured banking institution in the State of New Jersey; provided, however, that all rights, including the right to interest with dividends, be assigned to the Borough in a form of assignment acceptable to the Borough Attorney for the period of the bond and that the principal amount of the passbook or certificate of deposit, together with interest, be returned to the developer upon completion of the bonded improvements, or in the event of default, both interest and principal shall be used by and for the benefit of the Borough in the completion of said improvements.
b. If at the time the performance guarantee is filed with the Borough, the developer has not also filed with the Borough proof that any other necessary performance guarantees have been filed and accepted by governmental bodies, authorities, public utility companies, and private utility companies other than the Borough, which have jurisdiction over improvements in the site or subdivision, the amount of the performance guarantee shall be increased to reflect the cost of such improvements.
c. All performance guarantees shall run to and be in favor of the Borough of Red Bank in the County of Monmouth.
d. The performance guarantee shall be approved by the Borough Attorney as to form, sufficiency and execution and shall be subject to the following conditions:
1. Such performance guarantee shall run for a period to be fixed by the Borough Council, but in no case for a term longer than the period of final approval (normally two (2) years) set by N.J.S.A. 40:55D-1 et seq. and/or Subsection 25-3.1k, 7. of this Chapter or for the time period allowed by the Municipal Agency for the installation of all or any portion of the improvements, whichever is shorter.
2. The time allowed for installation of improvements for which the performance guarantee has been provided may be extended by resolution of the Borough Council provided that, if required, the period of final approval has been extended by the Municipal Agency in accordance with N.J.S.A. 40:55D-1 et seq. and/or Subsection 25-3.1k, 7. of this Chapter and, provided further that:
(a) Such extension shall not exceed one (1) year, and
(b) There shall not be more that three (3) such extensions, and
(c) As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed one hundred twenty (120%) percent of the cost of the installation of all uncompleted improvements as determined by the Borough Engineer as of the time of the passage of the resolution.
3. 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 municipality for the reasonable cost of the improvements not completed or corrected and the municipality may either prior to or after the receipt of the proceeds thereof complete such improvements.
e. If during the period of the performance guarantee the developer fails to prosecute the work of completing the improvements so as not to create hazards to life, health, property or public safety, the Borough may, after five (5) days' notice perform, or cause to be performed, any necessary corrective work and deduct the cost thereof from the ten (10%) percent cash or certified check portion of the guarantee. Upon notice of any such deduction, the developer shall, within ten (10) days, restore the full ten (10%) percent cash balance or his performance guarantee will be held to be void and the Borough may take action as if final plat approval has not been obtained.
f. Upon substantial completion of all required appurtenant utility improvements, and the connection of same to the public system, the obligor may notify the Borough Council in writing, by certified mail addressed in care of the Borough Clerk of the completion or substantial completion of improvements and shall send a copy thereof to the Borough Engineer. Thereupon the Borough Engineer shall inspect all improvements of which such notice has been given and shall file a de- tailed report, in writing, with the Borough Council, indicating either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.
g. The Borough Council shall either approve, partially approve or reject the improvements, on the basis of the report of the Borough Engineer and shall notify the obligor in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto, not later than sixty-five (65) days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guarantee, except for that portion adequately sufficient to secure provision of the improvements not yet approved; provided that thirty (30%) percent of the amount of the performance guarantee posted may be retained to ensure completion of all improvements. Failure of the Borough Council to send or provide such notification to the obligor within sixty-five (65) days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall be released from all liability pursuant to such performance guarantee for such improvements.
h. If any portion of the required improvements are rejected, the Borough Council 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.
i. Nothing herein, however, shall be constructed to limit the right of the obligor to contest by legal proceedings any determination of the Borough Council or the Borough Engineer.
j. The obligor shall reimburse the Borough for all reasonable inspection fees paid to the Borough Engineer for the foregoing .inspection of improvements provided that the municipality may require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the Borough Engineer for such inspection and, provided further, that such reasonably anticipated fees are hereby determined and set forth in Subsection 25-3.4, paragraphs l, m, and n. of this Chapter.
k. In the event that final approval is by stages or sections of development pursuant to subsection a. of Section 29 of the Municipal Land Use Act (C. 40-55D-38), the provisions of this section shall be applied by such stage or section.
(Ord. #686, S 13-7.1; Ord. No. 1997-29, S 1; Ord. #2005-3, S 1)
a. Duties of Borough Engineer, Borough Attorney and Administrative Officer. No performance guarantees shall be presented for approval of the Borough Council until the municipal officials listed below have performed the following:
(a) Where applicable, examine the plat map of a subdivision to make certain that it complies with all State laws and this Chapter relative to the preparation and filing of maps or plans for the subdivision of land.
(b) Determine those improvements the applicant is to install to protect the Borough, such as to provide proper drainage, streets, curbs, signs, monuments or any other item or thing and the cost of each, as well as the maximum time he recommends granting the applicant to provide each item or all items.
(c) Give the applicant all figures, dates and details required by paragraph a, 1(b) above so that same may be included in the bond to be furnished to the Borough; also, advise the applicant of the amount required to pay the Borough as a proper inspection, testing and administration fee.
(d) Also state and give the nature of cash, or its equivalent, required as a portion or all of the performance guarantee (i.e., cash, certified check, cash escrow deposit, or other security).
(e) If there is nothing the applicant needs to do under paragraph a, 1(d) above, the Borough Engineer shall so state and give the reason therefor.
(a) Upon receipt, the Borough Attorney shall promptly examine said bond and determine whether or not it is correct in form, content and execution. If the bond is not correct, the Borough Attorney shall notify the applicant and Administrative Officer of its shortcomings. When the bond is or has been made correct, the Borough Attorney shall make a written certificate to that effect to the Administrative Officer.
(b) When required, determine if the landowner is an individual, corporation or partnership; if an individual, his full name and address; if a corporation, its correct name, date and State of incorporation, the name of its President and Secretary and location of its principal office in this State; if a partnership, the names and addresses of all partners.
3. Administrative Officer. The Administrative Officer shall:
(a) Ascertain that the plat of a site plan or subdivision has been approved by the Monmouth County Planning Board and the Borough Planning Board or Board of Adjustment.
(b) Ascertain that all applicable conditions of approval have been met.
(c) Obtain the original of all bonds (cash and surety) and confirm that they comply with the Engineer's estimate and attorney's certificate.
(d) Collect from the applicant the proper fee or fees, if any, payable to the Borough in accordance with the Engineer's certificate.
(e) Request the Borough Clerk to place the matter of approval of bond(s) on the agenda of the next regular meeting of the Borough Council for its consideration.
(f) Submit copies of all bonds, attorney's certificate and fees to the Borough Clerk for the next regular meeting of the Borough Council.
b. Certificates - Form, Dating. Each of said certificates shall be dated and written in letter form upon the stationery of the maker or of the Borough, and signed by him or his authorized agent or representative.
c. Bond Requirements. There must be attached to said bond an authority to the surety company empowering the person or persons who executed said bond for the surety company to do so. If the bonding company is not a New Jersey corporation, there should also be attached to the bond proof of its authority to do business in New Jersey and a copy of its last financial statement, made not more than one (1) year before, showing its financial condition. If the principal on the bond is a corporation, there must be attached to the bond a certified copy of a resolution adopted by its Board of Directors authorizing the execution and delivery of said bond. Said bond must also bear the corporate seal of the surety company and the seal, corporate or otherwise, of the principal.
d. Copies. The Borough Clerk and Administrative Officer shall keep a supply of copies of these bond requirements in his office for the use of applicants and the general public.
(Ord. #686, S 13-7.2; Ord. #1997-29, S 2)
a. General Requirements. Where the Municipal Agency determines that off-tract improvements are necessary for the proper development and utilization of the proposed site or subdivision and the surrounding area, it may require either (1) that such off-tract improvements be installed or (2) that the developer contribute to the installation of such off-tract improvements. Where the Municipal Agency has determined that off-tract improvements are required, it shall be a condition of the granting of final approval that such improvements be constructed or that the developer shall make payments toward the ultimate installation of off-tract improvements such as, but not limited to, streets, curbs and gutters, sidewalks, water mains, sanitary sewers, storm sewers and culverts, monuments and street lights, all in accordance with the specifications governing contract improvements.
b. Cost Allocation. If the Municipal Agency determines that the developer may contribute toward required offtract improvements in lieu of such improvements being installed, the Municipal Agency shall allocate the cost of said off-tract improvements in accordance with the standards hereinafter set forth. The improvement of a stream and/or widening of, or the construction of drainage or other improvements in, a street or road fronting on the tract to be subdivided and/or developed shall not constitute an off-tract improvement and the cost of said improvement shall not be allocated.
1. The allocation of the cost of off-tract improvements shall be determined in accordance with the following:
(a) The Municipal Agency may consider the total cost of the off tract improvements, the benefits conferred upon the site or subdivision, the needs created by the site or subdivision, population and land use projects for the general areas of the site or subdivision and other areas to be served by the off-tract improvements, the estimated times of construction of off-tract improvements and the condition and periods of usefulness, which periods may be based upon the criteria of N.J.R.S. 40A:2-22. The Municipal Agency may further consider the criteria set forth below.
(b) Road, curb, gutter and sidewalk improvements may be based upon the anticipated increase of traffic generated by the site or subdivision. In determining such traffic increase, the Municipal Agency may consider traffic patterns, quality of roads and sidewalks in the area, and the other factors related to the need created by the site or subdivision and anticipated thereto.
(c) Drainage facilities may be based upon the percentage relationship between the site or subdivision acreage and the acreage of the total drainage basins involved or upon calculations developing the percentage contribution that the storm runoff from a particular site or subdivision bears to the total design capacity of any improvement; the particular methods to be selected in each instance by the Borough Engineer.
(d) Water supply and distribution facilities and sewage facilities shall be based upon a proportion as determined by the current rules and regulations or procedures of the Red Bank Borough Public Utilities Department.
2. All monies received by the municipality in accordance with the provisions of this section shall be paid to the Municipal Treasurer who shall provide for a suitable depository therefor. Such funds shall be used only for the improvements serving the same purposes unless such improvements are not initiated for a period of five (5) years from the date of payment, after which time said funds shall be transferred to the capital improvement fund of the municipality.
3. The apportionment of costs shall be determined by the Municipal Agency. The developer shall be af forded an opportunity before said Board to present evidence relative thereto.
c. Assessment Not Precluded. Nothing in this section of the Chapter shall preclude the municipality from assessing any property benefiting from installation of any off-tract improvements as provided in this section pursuant to the provisions of the Revised Statutes of New Jersey, an allowance being made to the respective parcels of realty for payments herein.
(Ord. #686, S 13-7.3; Ord. #1997-29, S 3)
