The applicant shall submit plans for subdivision and site development simultaneously and drawn in accordance with Article VII. The standards for the mixed use option as required by N.J.S.A. 40:55D-65c are set forth in Chapter 430, Zoning, of the Code of the Township of Parsippany-Troy Hills and incorporated herein by reference. Furthermore, prior to approval of such mixed use developments, the Planning Board shall find the following facts and conclusions:

A. That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the Zoning Ordinance standards.

B. That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate.

C. That provision through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.

D. That the proposed mixed use development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.

E. In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

In approving the final site plan, the Planning Board shall condition such approval upon a notice of approval of plans for water and sewerage installation from the Township and approval notices from the Health Department.

[Amended 5-24-1983 by Ord. No. 83:39]

A. Before recording a subdivision plat, as a condition of site plan approval, or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65, the applicant shall have installed all improvements required by the Planning Board, or in lieu thereof, the Planning Board shall require the applicant to post an adequate performance bond; provided, however, that no such performance guaranty shall be considered filed or accepted for filing unless and until the following conditions are met:

(1) The Township Engineer shall have certified in writing to the Planning Board that the amount thereof is sufficient to assure the completion of the improvements.

(2) The Township Attorney shall have approved the sufficiency of form and execution of the performance guaranty.

(3) The Township Council shall have approved the qualifications of the surety and stipulated the duration of the guaranty.

B. The performance guaranty shall be in favor of the Township in an amount not less than the cost of the improvements as determined by the Township Engineer, and not more than 120% of such cost. At least 10% of the performance guaranty shall be in the form of cash or certified check made payable to the Township. A letter or letters of credit meeting the requirements of N.J.S.A. 40:55D-53.5 may be used as all or any portion of the required performance guaranty. [Amended 10-11-1983 by Ord. No. 83:76; 11-22-1994 by Ord. No. 94:46]

C. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the Township Council by resolution. As a condition or as 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 as determined as of the time of the passage of the resolution.

D. If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected, and the Township may either prior to or after the receipt of the proceeds thereof complete such improvements.

E. When all of the required improvements have been completed, the obligor shall notify the Township Council, in writing, by certified mail addressed in care of the Township Clerk, of the completion of said improvements and shall send a copy thereof to the Township Engineer. Thereupon, the Township Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the Township Council, indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.

F. The Township Council shall either approve, partially approve or reject the improvements on the basis of the report of the Township Engineer and shall notify the obligor, in writing, by certified mail, of the contents of said report and the action of the governing body with relation thereto, not later than 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 guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the Township Council to send or provide such notification to the obligor within 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 guaranty.

G. If any portion of the required improvements are rejected, the Township 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.

Planning Board approval of the site plan shall be granted in the event that the site plan complies with the following standards and regulations:

A. The applicant has submitted a site plan containing all of the information and data as provided for in this chapter.

B. The details of the site plan are in accord with the standards of this chapter and of all ordinances of the Township, including the Master Plan, as may be in existence at the time of the application.

C. That all parking and traffic problems shall be reasonably resolved.

D. That adequate provisions are made so as to prevent any drainage problems.

E. That reasonable screening, at all seasons of the year, of all playgrounds, parking and service areas, from the view of adjacent properties and streets, shall be provided where necessary for the purpose of protecting the health, safety, general welfare, comfort and convenience of the public.

F. That the location, power, direction and time of any outdoor lighting will not have an adverse effect upon any properties in adjoining residential districts by impairing the established character or the potential use of properties in such districts.

G. That the details of the site plan for the authorized use will be such that the operation will not be detrimental to the public interest.

H. That, after approval, a Mylar or linen shall be submitted for signature and file, to be of a size of no more than 24 inches by 36 inches, and all information appearing thereon shall be in black India ink. Additional prints as required shall also be submitted after approval.

After Planning Board approval of a final site development plan, the plan shall not be subject to change except for minor engineering changes approved by the Township Engineer. Any change in site design subsequent to approval shall be regarded as a separate plan, and site development plans showing the proposed new design shall be submitted under the requirements of this article and shall be separately approved under the provisions set forth herein.

[Added 8-14-1990 by Ord. No. 90:57]

The escrow shall be paid by each applicant in order that the Township is fully reimbursed in connection with costs that it incurs for professional services and related costs in connection with the review and processing of these types of development applications, including but not limited to shorthand reporting and transcripts, review, inspection and reports of the Township's administrative officer, Township Engineer, Assistant Township Planner, Township Attorney, Board Attorney and any other professionals or consultants whose services are deemed necessary by the approving authority with respect to processing the application.

A. All escrow moneys shall be deposited by the Township administrative officer in the Township's escrow account, and the Township Planner shall set up a ledger page in the name of the applicant. All disbursements to professional consultants or experts as well as the Township's in-house personnel required to process said application shall be charged against the applicant's escrow account and reflected on said ledger page.

B. The entire amount of the initial deposit to said escrow account shall be remitted at the time of the filing of the application.

C. Any of the escrow moneys remaining in the escrow account upon completion of the application procedure shall be returned to the applicant.

D. In the event that the funds in the escrow account should become depleted prior to the completion of the application procedure and additional funds are needed to cover the cost of processing said application, the applicant shall deposit sufficient additional funds. In order to expedite the processing of applications by the approving authority, the Township Planner shall notify the applicant immediately upon the depletion of funds in the escrow account or as soon as an insufficiency of funds becomes evident or is expected.

E. The approving authority shall not process and/or take action on the application unless all fees and deposits required in the manner described above shall have been paid by the applicant.

F. All bills submitted to the approving authority by the stenographer, planning consultant, Township Attorney, Board Attorney or other professionals and in-house personnel containing charges to be applied against an applicant's escrow account established pursuant to this section shall specify the services performed in relation to individually identified applications for which the charges have been incurred.

G. Unit charges, i.e., per diem or hourly fees, inspection or expert testimony charges levied by the stenographer, planning consultant, Township Attorney, Board Attorney or other professionals for services rendered in connection with an application, may not exceed those unit charges contracted for and/or approved by the Township agency for services by said professionals. Unit charges for in-house personnel shall be equal to an amount which shall equal their hourly salary, plus all benefits for those employees paid by the Township, including but not limited to health benefits, social security, unemployment compensation, vacation, etc.

H. A quarterly accounting of all funds to be withdrawn by the Township from the escrow account shall be submitted by the Planner to the approving authority and to the applicant at least 10 days prior to the withdrawal of said funds. Within said 10 days, the applicant shall have the opportunity to request, in writing, a hearing by the approving authority with respect to the reasonableness of the intended charges against the escrow account. In the event that the applicant requests such a hearing, no withdrawal shall be made from the escrow account until the approving authority shall have ruled on the appeal. If the approving authority finds in favor of the applicant, the withdrawals shall be adjusted accordingly. If no objection is filed within 10 days, the funds shall be withdrawn from the escrow account and transferred to the Township account from which the professionals, etc., shall be paid.