This chapter is adopted pursuant to the Municipal Land Use Law, R.S. 40:55D-1 and following, for the purposes among others of providing rules, regulations and standards for guiding land subdivision and development within the Township of Mendham in a manner which will promote the public health, safety, convenience and general welfare of the Township and its neighboring communities. It shall be administered to insure orderly growth and development, conservation, protection and proper use of land as well as adequate provisions for circulation, utilities and services.
This chapter is one of several chapters comprising the Land Use Ordinance of the Township of Mendham which regulates the use and development of land, and the applicable requirements of all such chapters shall be satisfied in connection with any application for development.
Subdivision approval shall be applied for and granted prior to the subdivision or resubdivision of land.
Site plan approval shall be applied for and granted prior to the issuance of a construction permit of any new building or structure or any addition to or alteration of an existing building or structure whenever the use of the building or structure will be for any of the following uses in accordance with this ordinance:
institutional use;
commercial use in the B Neighborhood Business District;
public utility use;
agricultural or horticultural use;
private recreation club;
conventional multi-unit housing;
limited income multi-unit housing;
any non-residential use permitted by variance; or
planned development, including residential cluster.
Site plan approval shall also be applied for and granted prior to the issuance of a new certificate of occupancy whenever there is any change in the nature of the use of a building or structure or part thereof and the new use is one of the uses enumerated in this subsection.
**Webmasters Note: The previous section has been amended as per Ordinance No. 14-2006.
The provisions of this chapter shall be administered by the Township Planning Board, except that the provisions of this chapter shall be administered by the township zoning board of adjustment whenever such board is reviewing an application to grant a variance or allow departure from zoning regulations pursuant to R.S. 55D-70(d). For convenience, reference to the municipal agency administering this chapter are generally to the planning board.
Prior to the filing of a formal application for development, an applicant may request, and the planning board shall grant, an informal review of a concept plan of the intended development. The concept plan shall be in sufficient detail to clearly show the intended scope and design of the proposed development. A concept plan should contain sufficient information for informal discussion and evaluation by the planning board. The informal review shall not be binding on either the planning board or the applicant. This step is particularly recommended for major subdivisions and site plans in order to help later compliance with ordinance requirements and planning board satisfaction with basic elements of the plan.
The plan may be prepared by the applicant. The plan should be drawn to scale but detailed dimensions need not be shown, provided, however, that any dimensions critical to the plan should be shown. In general the plan should provide the following information, as applicable;
a. Key map, indicating at an appropriate scale the location of the site to be developed and its relation to streets and highways. The key map should show lakes, streams, and drainage ways, wooded and cleared areas, significant topographic features, boundaries of adjoining lots, and municipal boundaries.
b. Developed portions. The illustration shall convey the development scheme including all buildings, circulation, parking and landscaping, whether existing or proposed.
c. Preliminary building plans, including conceptual floor plans of all floors and conceptual elevations of all proposed structures.
d. Evaluation statement, consisting of a general description of the intended project and an assessment of its anticipated broad impact on the neighborhood, the community and the environment including but not necessarily limited to considerations of land use, visual qualities, traffic, drainage, utilities and natural resources.
The planning board shall determine when an informal review of a concept plan has been completed, and thereafter the applicant shall file a formal application for development before further consideration by the planning board.
A complete application for development shall be filed with the secretary of the planning board not later than the 15th day of the month preceding the month in which the application will be considered by the planning board. The secretary of the planning board shall record on the application the date upon which the application is received. Any fee accompanying the application shall be forwarded to the township treasurer.
Every application for development shall be reviewed by the secretary of the planning board in accordance with the applicable checklists established by subsection 13-5.2 or Chapter XIII, Land Use Procedures and Fees, in order to determine whether the application is complete, and any notice required by that subsection shall be forwarded to the applicant by the secretary of the planning board within the time provided.
The secretary of the planning board shall submit to the county planning board applicable applications and fees provided by the applicant in all cases which are subject to review by that board.
a. In the event that any new vacant lot to be created by any proposed subdivision or any lot shown upon any site plan for a use requiring a potable water supply will not be served by a public water supply system, then minor or preliminary subdivision approval or minor or preliminary site plan approval shall not be granted until the township board of health has approved the plans for water supply to each new vacant lot or for the proposed development, as the case may be.
b. When service is proposed to be provided by a public water supply system, minor or preliminary subdivision approval or minor or preliminary site plan approval, as the case may be, shall not be granted until the applicant has presented evidence that all necessary approvals and/or commitments for such service have been issued and/or obtained.
c. Any applicant for development approval may file applications with the township board of health and the New Jersey Department of Environmental Protection for approvals with respect to proposed water supply facilities simultaneously with the filing of an application with the planning board for subdivision or site plan approval.
a. In the event that a new vacant lot to be created by any proposed subdivision or any lot shown upon any site plan for a use requiring the disposal of sanitary sewage is proposed to be served by an individual sewage disposal system, then minor or preliminary subdivision approval or minor or preliminary site plan approval, as the case may be, shall not be granted until the township board of health has approved the plans for sewage treatment and disposal for any such lot or for the proposed development, as the case may be.
b. When sewage disposal is proposed to be accomplished by a means other than an individual sewage disposal system or systems, minor or preliminary subdivision approval or minor or preliminary site plan approval, as the case may be, shall not be granted until the applicant has presented evidence that all necessary approvals and/or commitments for the proposed system for disposal have been issued and/or obtained.
c. Any applicant for development approval may file applications with the township board of health and the New Jersey Department of Environmental Protection for approvals with respect to proposed sewage disposal facilities simultaneously with the filing of an application with the planning board for subdivision or site plan approval.
In the case of a planned development of fifty (50) acres or more which is to be developed in stages over a period of years, the planning board may waive the requirement for submission of a preliminary plan for the entire development and accept a preliminary plan for each stage of the development provided that the applicant shall have first submitted and the planning board shall have first approved an overall plan of the entire development. The overall plan shall generally contain the details and information required for preliminary approval in sufficient detail to make an informed decision on the overall plan of development.
All real property taxes and assessments for local improvements shall be paid to date on land which is the subject of a development application as provided in section 13-9.
Approval of any application for development shall be subject to the review and recommendation by the Tree Preservation and Landscape Committee pursuant to the provisions of Chapter 23-5.2, Authority of the Tree Preservation and Landscape Committee.
Upon receipt of a complete application for development the secretary of the Approving Authority shall forward copies of the application as well as copies of the accompanying plat or plan to each member of the Approving Authority and for report and recommendation to each of the following:
Township Engineer, Planner, Environmental Consultant and Board Attorney
Environmental, Historic Preservation, and Tree Preservation and Landscape Committees Fire Official, Chief of Police, Director of the Department of Public Works
Such other Federal, State, County and Municipal Officials and agencies as may be directed by the subdivision and site plan review committee,.
The subdivision and site plan review committee shall review all applications for development along with reports from any officials or agencies and shall report its findings and recommendations to the planning board.
Upon approval of an application copies of the signed plat or site plan shall be forwarded by the secretary of the planning board to each of the following:
Township clerk;
Township engineer;
Township construction official;
Township zoning officer;
Township tax assessor; and
Township board of health.
Every applicant shall examine and comply with the provisions set forth in the Application Checklist and supplemental Appendices established by Chapter XIII of this Ordinance and shall execute same as appropriate for submission to the secretary of the municipal agency.
a. The minor subdivision plat or minor site plan shall be prepared according to the requirements of section 16-8, Subdivision Plat and Site Plan Details, using applicable standards according to section 16-10, Design Standards.
b. Whenever the planning board is to review an application for minor subdivision or minor site plan approval for which there is a request for variance from lot area, lot dimension, setback or yard requirements, there shall be a hearing on the application with notice in accordance with Chapter XIII, Land Use Procedures and Fees.
c. If the application is approved as a minor subdivision or as a minor site plan by the subdivision and site plan review committee, the application shall be referred to the planning board for its consideration, If the planning board shall find that the development is adequately drained and will not adversely affect the development of the remainder of the parcel or the adjoining property and is not in conflict with any portion of the master plan or official map and that any existing nonconformity of lots shall not be increased by such development the plat shall then be classified as a minor subdivision or as a minor site plan, as applicable, and shall be approved when all other required approvals have been received by the planning board and when all conditions of approval imposed by the planning board have been satisfied by the applicant. After such approvals are received or waived, the plat or plan shall be signed by the chairman and secretary of the planning board and forwarded to the township clerk for signature and returned to the subdivider within one (1) week following the next regular meeting of the planning board. This approval is the final approval. No such approval shall be granted nor shall the plat or site plan be signed unless and until:
1. The applicant submits to the secretary of the planning board a certificate from the township tax collector satisfying the provisions of section 13-9;
2. For a development in which an individual water supply and/or an individual sewage disposal system are/is proposed, the applicant submits to the secretary of the planning board a resolution or certificate of approval for the proposed system by the appropriate municipal, county or state health agency.
3. The Morris County Planning Board approves the application by its timely report, fails to report within the required time period or waives approval of the application;
4. Where applicable, the subdivider demolishes any structure shown upon the plat to be demolished and clears the debris from the tract; and
5. Where applicable, the applicant submits to the planning board secretary any required deed(s) for dedication of road right-of-way or required easements and such deed(s) have been approved by the township engineer and township attorney.
6. There is accurately shown on the plat or site plan or in the Deed perfecting the approval the maximum allowable slope disturbance as approved by the Planning Board for each lot and parcel comprising the development application.
**Webmasters Note: The previous subsection has been added as per Ordinance No. 26-2006.
d. Conditional approvals shall be pursuant to section 13-13.
e. Approval of a minor subdivision shall expire 190 days from the date upon which the planning board resolution of approval is adopted unless the applicant complies with the filing provisions of R.S. 40:55D-47d or unless an extension of the 190-day period is granted by the planning board pursuant to the provisions of R.S. 40:55D-47f.
f. If the subdivision or site plan is classified as a major subdivision or major site plan, as the case may be, the applicant shall be so notified. The applicant shall follow the procedures for the processing of a major subdivision or a major site plan, as the case may be.
a. The preliminary plat of a major subdivision or a preliminary major site plan shall be prepared according to the requirements of section 16-8, Subdivision Plat and Site Plan Details, using applicable standards according to section 16-10, Design Standards.
b. The planning board shall consider the application and all reports and documents regarding the application and, if satisfied with the submission, shall schedule a public hearing on the application.
c. If the planning board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of the hearing, an amended application shall be submitted and processed, as in the case of the original application.
d. When the planning board is satisfied that the proposed application, together with any conditions as imposed by the planning board, meets all required conditions, it shall grant preliminary approval. No such approval shall be granted nor shall the plat or plan be signed unless and until:
1. The applicant submits to the secretary of the planning board a certificate from the tax collector satisfying the provisions of section 13-9;
2. For a development in which an individual water system and/or an individual sewage disposal system are/is proposed, the applicant submits to the secretary of the planning board a resolution or certification of approval for the proposed system by the appropriate municipal, county, or state health agency; and
3. All appropriate municipal, county, or state agencies have submitted timely favorable reports for the development, failed to report within the required time period or waived approval of the application.
a. Installation of Improvements or Guarantee Prior to Grant of Final Major Subdivision or Site Plan Approval. Prior to the filing of an application for final major subdivision approval or final major site plan approval the applicant shall have installed all required improvements unless the applicant has furnished to the township a performance guarantee in an amount approved by the planning board to assure the installation on or before a date approved by the board of all improvements required for the whole or any section of the subdivision or site plan tract which are not already inspected and approved by the township engineer.
The planning board may waive this requirement with respect to any improvement required by preliminary major site plan approval if it finds that the public does not have sufficient interest in the improvement to warrant such a guarantee in order to insure completion as a condition for issuance of a construction permit.
In the event that following the grant of preliminary major subdivision approval or preliminary major site plan approval and prior to the grant of final approval and the filing of the final plat or execution of the final plan, as the case may be, an applicant elects to proceed with the construction or installation of any required improvements or the performance of any other work required for development of the property subject of preliminary approval, the applicant shall, before commencing the construction or installation of improvements or the performance of any other work,
(1) submit to the planning board for review and approval detailed construction plans for the improvements or work, which plans shall meet the final subdivision or final site plan application standards, as the case may be, for such plans, and
(2) after approval of such plans by the planning board, enter into an agreement with the Township of Mendham with respect the construction or installation of improvements and the performance of other work, which agreement shall include provisions respecting compliance with the approved plans and specifications, the schedule of work and completion date, the inspection and approval of work by the township engineer, the payment of inspection fees, the correction of any defective work, and the rights of the township to enforce compliance with the agreement and to alleviate any adverse conditions or impacts caused by the applicant and not corrected after due notice, with the costs of the foregoing to be borne by the applicant.
No performance guarantee other than a performance guarantee pursuant to section 19-7 of Chapter XIX, Soil Erosion, Sediment Control and Flood Prevention, need be furnished in connection with the construction and installation of improvements or any other work performed prior to the grant of final approval. Neither the inspection and approval of any improvements by the township engineer nor the release of any performance guarantee provided pursuant to section 19-7 shall be deemed to be an acceptance of any improvement by the township. In no event shall any improvement or any maintenance guarantee for any improvement, except a maintenance guarantee pursuant to section 19-9 of Chapter XIX, be accepted by the township prior to the grant of final subdivision or final site plan approval and the filing of the final plat or execution of the final plan, as the case may be.
b. Performance Guarantee. The performance guarantee shall be in favor of the township and shall be equal to one hundred twenty percent (120%) of the total estimated cost of the required improvements not already completed, inspected and approved by the township engineer. Ten percent (10%) of the performance guarantee shall be in the form of a cash deposit with the township pursuant to a cash deposit agreement between the applicant and the township. The balance of the performance guarantee may be in the form of an irrevocable letter of credit or a surety bond in favor of the township issued by a banking institution or a surety company, as the case may be, authorized to do business in the State of New Jersey and in good financial standing and acceptable to the town ship. A bank issuing an irrevocable letter of credit shall meet or exceed capital requirements of regulatory agencies, shall not be operating under any type of supervisory constraint or agreement, and shall not be financing the development as to which the irrevocable letter of credit is issued. A surety company shall not be operating under any judicial orders or constraints.
The township engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, and the itemized cost estimate shall be appended to each performance guarantee posted by the applicant. The cost of the construction and installation of the required improvements shall be estimated by the township engineer based upon documented construction costs for public improvements prevailing in the general area of the township.
The applicant may appeal the township engineer's estimate to the township committee. The township committee shall decide the appeal within 45 days of the receipt of the appeal in writing by the township clerk. After the applicant posts the performance guarantee with the township based upon the estimated cost as determined by the township committee, the applicant may institute legal action within one (1) 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 performance guarantee.
In the event that other governmental agencies or public utilities will automatically own certain utilities to be installed, or if the improvements are covered by a performance guarantee given to another governmental agency, no performance guarantee shall be required by the township for such utilities or improvements, provided, however, that the township may require evidence that the applicant has entered into an appropriate contract with any such other governmental agency or public utility and has paid any charges which may be required pursuant to such contract, including any refundable deposits.
If the applicant has also applied for a land disturbance permit pursuant to the provisions of Chapter XIX, Soil Erosion, Sediment Control and Flood Prevention, the performance guarantee required by subsection 19-7.1 may be included in the performance guarantee furnished pursuant to this subsection 16-7.4b.
The performance guarantee shall run for a term not to exceed two (2) years from the date of final approval. Upon the request of a developer, and with the consent of any other obligor and the surety on any performance bond, the time allowed for the completion of improvements may be extended by the township committee by resolution. The planning board shall have a 30-day period in which to comment upon any proposed extension. 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 120% of the estimated cost of the installation of the remaining improvements as determined by the township engineer as of the time of the adoption of the resolution. Such determination shall be made by the same method used for the original calculation of the estimated cost of improvements as hereinabove provided.
c. Completion of Improvements by Township. If the required improvements are not completed or corrected in accordance with the performance guarantee, the developer, any other obligor and any surety on a performance bond 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 or correct such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law, R.S. 40A:11-1 and following. The reasonable cost of completing and/or correcting the required improvements shall include all expenses incurred by the township for the preparation of bidding documents and award of a contract or contracts.
d. Reduction in Performance Guarantee. 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 guarantee, a list of all uncompleted or unsatisfactory completed improvements. A copy of any such request shall also be sent to the township engineer. The request shall indicate which improvements are claimed to 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 request. Prior to making any inspection, the township engineer shall notify the township administrator and township superintendent of the department of public works as to the date and time when the inspection will be undertaken. Following completion of the inspection, the township engineer shall file a detailed list and report in writing with the township committee and shall simultaneously send a copy thereof to the developer not later than forty-five (45) days after receipt of the request.
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 the 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 the 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.
The township committee shall by resolution either approve the improvements determined to be complete and satisfactory by the township engineer, or reject any or all of such 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. Such resolution shall be adopted not later than forty-five (45) days after receipt of the list and report prepared by the township engineer. Upon adoption of the resolution by the township committee, the developer, any other obligor and any surety on a performance bond shall be released from all liability pursuant to the performance guarantee with respect to the approved improvements, except for the portion adequately sufficient to secure completion and correction of the improvements not yet approved, provided, however, that thirty percent (30%) of the total amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements.
If the township engineer fails to send or provide the list and report as requested by the developer within forty-five (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 lime, and the cost of applying to the court, including reasonable attorney's fees may be awarded to the prevailing party.
If the township committee 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 forty-five (45) days within 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 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.
In the event that the developer has made a cash deposit as part of the performance guarantee, then any partial reduction granted in the performance guarantee 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.
If any portion of the required improvements is rejected, the township 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 subsection shall be followed.
No provision of this subsection shall be construed to limit the right of the developer to contest by legal proceedings any determination of the township committee or the township engineer.
The developer shall bear the reasonable expenses incurred by the township for the aforementioned inspection of improvements made for purposes of this subsection 16-7.4d, which expenses shall be paid from the escrow account previously established by the developer for inspection fees and costs pursuant to the provisions of section 13-15.
In the event that final approval is granted by sections, then the provisions of this subsection shall be applied on a section by section basis.
To the extent that any of the improvements shown upon the subdivision plat or site plan have been dedicated to the township, the township committee shall be deemed, upon the release of any required performance guarantee with respect thereto, to accept dedication for public use of streets or roads and any other improvements made thereon according to the plans approved by the township planning board, provided that such improvements have been inspected and have received final approval by the township engineer.
e. Developer's Agreement. Prior to final approval and coincident with the furnishing of the performance guarantee by the developer, there shall be executed an agreement between the developer and the Township of Mendham incorporating all of the terms and conditions of approval imposed by the planning board.
f. Requirements for As-Built Plans. Prior to the acceptance by the township of any improvements installed for any subdivision or site plan, the developer shall furnish to the township engineer as-built plans for the following drawn on translucent tracing cloth or its equivalent on sheets not larger than 24" x 36":
1. Roads (plans and profiles).
2. Surface and storm water drainage facilities in roads and easements (plans and profiles).
3. Water mains, gas mains and underground electric and telephone facilities in roads and easements.
All of the foregoing improvements and utilities may be shown on the same location plans with appropriate legends.
g. Maintenance Guarantee. The agreement shall provide for a maintenance guarantee to be posted with the governing body for a period of two (2) years after final acceptance of improvements in an amount not to exceed fifteen percent (15%) of the total cost of the improvements. The amount of the maintenance guarantee shall be calculated by the same method used for the calculation of the cost of improvements as provided in subsection 16-7.4b. In the event that other governmental agencies or public utilities will automatically own the utilities installed or the improvements are covered by a maintenance guarantee to another governmental agency, no maintenance guarantee shall be required by the municipality for such utilities or improvements. The maintenance bond shall be expressly conditioned on the repair, correction of defects, replacement or restoration of the improvement or any part thereof whenever defects appear during the period of the obligation for maintenance, regardless of whether the defects arise from faulty materials, poor workmanship or from natural causes. Maintenance shall also include the plowing of snow on streets or portions of streets not yet accepted by the township for maintenance in order that vehicular access is at all times provided to lots for which certificates of use and occupancy have been issued,
If the developer so elects, the maintenance guarantee may be provided wholly or partly in the form of a cash deposit pursuant to a cash deposit agreement between the developer and the township. A surety bond or irrevocable letter of credit furnished as a maintenance guarantee shall meet the requirements for such guarantees as set forth in subsection 16-7.4b.
h. Approval of Developer's Agreement and Guarantees; Forms. The township attorney shall review and approve every developer's agreement, performance guarantee, maintenance guarantee and cash deposit agreement. Standard forms for such documents may be obtained from the office of the secretary of the planning board.
Ten percent (10%) of any performance guarantee shall be in cash pursuant to a cash deposit agreement between the developer and the township.
i. Township Design Standards and Specifications. All improvements required by subdivision or site plan approval shall be designed, constructed and installed in accordance with township design standards and specifications which are applicable thereto. Such standards and specifications are contained in "Standard Construction Details, Township of Mendham" copies of which are on file in the office of the township clerk and in the office of the township engineer.
