The following escrow fees shall be collected by the Secretary at the time of the filing of the application to be applied for the review of applications. The Township Council may, in its discretion, waive the following or a portion of the escrow fees if so requested in writing by the Applicant. Additionally, the Planning Board and/or Zoning Board of Adjustment may require additional escrow fees in the event that the review of the application necessitates same.
1. Minor Site Plan: One Thousand ($1,000.00) dollars.
2. Preliminary Major Site Plan: Five Thousand ($5,000.00) dollars.
3. Final Major Site Plan: Two Thousand ($2,000.00) dollars.
4. Minor Subdivision: One Thousand ($1,000.00) dollars.
5. Preliminary Major Subdivision: Five Thousand ($5,000.00) dollars.
6. Final Major Subdivision: Two Thousand ($2,000.00) dollars.
7. Variance: a) "D" variance N.J.S.A. 40:55D-70(d) non-residential use: Three Thousand ($3,000.00) dollars. b) "D" variance multi-family residential: Five Hundred ($500.00) dollars. c) "D" variance for new single family residential: Five Hundred ($500.00) dollars.
8. Conditional Use: One Thousand ($1,000.00) dollars.
9. Appeal pursuant to N.J.S.A. 40:55D-70(a): One Thousand ($1,000.00) dollars.
10. Interpretation pursuant to N.J.S.A. 400-70(b): One Thousand ($1,000.00) dollars.
11. Change of Use: Five Hundred ($500.00) dollars.
12. Zone Change: Five Thousand ($5,000.00) dollars.
13. Amended Site Plan/Subdivision: Fifty (50%) percent of the original fee paid.
14. Piers, Boat Houses and Marinas: One Thousand ($1,000.00) dollars for non- residential applications; Two Hundred ($200.00) dollars for residential applications.
15. Pre-Application Conference and/or Concept Plan: Five Hundred ($500.00) dollars.
16. An application to direct the issuance of a permit to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainage way, flood control basin or a public area reserved on the official map or general circulation plan element of the Master Plan; or, an appeal seeking direction that a building permit issue pursuant to N.J.S.A. 40:55D-36 where the enforcement of N.J.S.A. 40:55D-35 and Section 13-7.806 of these Ordinances will entail practical difficulty or unnecessary hardship or where the circumstances of the case do not require the building or structure to be related to the street; One Thousand ($1,000.00) dollars.
Prior to the filing of minor subdivision deeds, the recording of a final major subdivision plat, or the filing of a Master Deed fat condominiums the Applicant shall submit to the Secretary a lot line revision tee in the amount of One Hundred Dollars ($100.00) per lot to cover the administrative cost of revising the municipal tax maps.
**Webmasters Note: The previous section 13-2.402A has been added as per Ord. No. 18-02.
At the request of the Applicant, a special meeting may be held by the Planning Board or Zoning Board of Adjustment. The fee for special meeting shall be five hundred ($500.00) dollars.
Prior to any disturbance on site, the applicant shall be required to deposit monies to be held in escrow by the Township against which shall be charged inspection fees. For those developments for which the reasonably anticipated inspection fees are less than $10,000.00, fees may, at the option of the applicant, be paid in two (2) installments. The initial amount deposited by the applicant shall be 50% of the reasonably anticipated inspection fees or $500.00, whichever is greater. When the balance on deposit drops to 10% of the reasonably anticipated inspection fees because the amount deposited by the applicant has been reduced by the amount paid on account of Township inspection fees, the applicant shall deposit the remaining 50% of the anticipated inspection fees. For those developments for which the reasonably anticipated inspection fees are $10,000.00 or greater, fees may, at the option of the applicant, be paid in four (4) installments. The initial amount deposited by applicant shall be 25% of the reasonably anticipated inspection fees. When the balance on deposit drops to 10% of the reasonably anticipated inspection fees because the amount deposited by the applicant has been reduced by the amount paid for inspection fees, the applicant shall make additional deposits of 25% of the reasonably anticipated inspection fees. Where a development is approved for construction by stage or stages, the inspection fee escrow hereinabove described shall be limited to the stage or stages of development for which the applicant requests permission to commence construction.
A. The applicant shall pay to the Township all reasonable and necessary professional charges for review of applications, review and preparation of documents including without limitations, resolutions, developer's agreements, deeds, performance guarantees, correspondence and inspections of developments under construction, and review by outside consultants when an application is of such nature that it is beyond the scope of expertise of the usual professional utilized by the Municipality or the degree of time involvement required for proper review, due to workload constraints, is beyond the capability of the usual professional utilized by the Municipality. The only costs that shall be added to any such charges shall be actual out-of pocket expenses of any such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements. The Municipality or approving authority shall not bill the applicant, or charge any escrow account, for any municipal clerical or administrative functions, overhead expenses, meeting room charges, or any other municipal costs and expenses except as provided for in this section, nor shall a municipal professional add any such charges to his bill. If the salary, staff support and overhead for a municipal professional are provided by the Municipality, the charge shall not exceed Two Hundred (200%) Percent of the sum of the products resulting from multiplying (1) the hourly base salary, which shall be established annually, of each of the professionals by (2) the number of hours spent by the respective professional upon review of the application for development or inspection of the developer's improvements, as -the case may be! For other professionals the charge shall be at the same rate as all other work of the same nature by the professional for the Municipality when fees are not reimbursed or otherwise imposed on applicants or developers.
B. Charges to be reasonable - All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with conditions of approval, or review of requests for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by any State governmental agency and not under municipal jurisdiction except to the extent consultation with a State agency is necessary due to the effect of State approvals in the subdivision or site plan. Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work and such inspections shall be reasonably based on the approved development plans and documents.
C. Substitute Professionals - Duplicate review not chargeable - If the Municipality retains a different professional or consultant in the place of the professional originally responsible for development, application review, or inspection of improvements, the Municipality or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the Municipality or approving authority shall not bill the applicant or charge the deposit or the escrow account for any such services.
D. On-Going Developments - The requirements of this Ordinance shall apply to all applications for development, including those developments currently under construction as of the effective date of this Ordinance; provided, however, that where development is currently under construction and inspections have already taken place as of the effective date of this Ordinance, any increase in inspection fees shall be applied prospectively only. The applicants in all developments currently under construction or which have heretofore requested permission to commence construction, or which have heretofore deposited escrow fees pursuant to the Ordinance for which this is amended, shall have thirty (30) days from the effective date hereof within which to make their escrow deposits consistent with this Ordinance.
A. The Chief Financial Officer of a Municipality shall make all of the payments to professionals for services rendered to the Municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of P.L. 1975, c. 291 (C. 40:55D-1 et seq.). Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service, and for each date the services performed, the hours spent to one-quarter hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer of the Municipality on a monthly basis in accordance with schedules and procedures established by the Chief Financial Officer of the Municipality. If the services are provided by a Municipal Employee, the Municipal Employee shall prepare and submit to the Chief Financial Officer of the Municipality a statement containing the same information as required on a voucher, on a monthly basis. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the Municipality simultaneously to the applicant. The Chief Financial Officer of the Municipality shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements, and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis. if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000. If an escrow account or deposit contains insufficient funds to enable the Municipality or approving authority to perform required application reviews or improvement inspections, the Chief Financial Officer of the Municipality shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall within a reasonable time period post a deposit to the account in an amount to be agreed upon by the Municipality or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
B. All escrow deposits for review of applications and inspections of developments under construction shall be deposited into an escrow account. Deposits received from any applicant in excess of $5,000 shall be held by the Chief Financial Officer in a special interest-bearing deposit account, and upon receipt of bills from professionals and approval of said bills as hereinafter provided for, the Chief Financial Officer may use such funds to pay the bills submitted by such professionals or experts. The municipality shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, the entire amount shall belong to the applicant and shall be refunded to him by the Municipality annually or at the time the deposit is repaid or applied for the purposes for which it was deposited, as the case may be, except that the Municipality may retain for administrative expenses a sum equivalent of no more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses. All sums not actually so expended shall be refunded to the applicant within 90 days after the final decision by the appropriate Municipal Agency with respect to such application, upon certification by the Board Secretary that such application has been finally decided.
C. Close Out - The following close-out procedure shall apply to all deposits and escrow accounts established under the provisions of P.L. 1975, c. 291 (C. 40:55D-1 et seq.) and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved as provided in section 41 of P.L. 1975, c. 291 (C. 40:55D-53), in the case of improvement inspection escrows and deposits. The applicant shall send written notice by certified mail to the Chief Financial Officer of the Municipality and the approving authority, and to the relevant Municipal Professional, that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the Municipality within 30 days, and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the Municipality shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest in accordance with section 1 of P.L. 1985, c. 315 (C. 40:55D-53.1), shall be refunded to the developer along with the final accounting.
D. Appeals 1 . Notice - An applicant shall notify in writing the Governing Body with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for service rendered to the Municipality in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to the provisions of P.L. 1975, c. 291 (C. 40:55D-1 et seq.). The Governing Body, or its designee, shall within a reasonable time period attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant, may appeal to the county construction board of appeals established under section 9 of P.L. 1975, c. 217 (C. 52:27D-127) any charge to an escrow account or a deposit by any Municipal Professional or consultant, or the cost of the installation of improvements estimated by the Municipal Engineer pursuant to section 15 of P.L. 1991, c. 256 (C. 40:55D-53.4). An applicant or his authorized agent shall submit the appeal in writing to the county construction board of appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the Municipality, approving authority, and any professional whose charge is the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the information copy of the professional's voucher required by subsection c. of section 13 of P.L. 1991, c. 256 (C. 40:55D-53.2), except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within 60 days from receipt of the municipal statement of activity against the deposit or escrow account required by subsection c. of section 13 of P.L. 1991, c. 256 (C. 40:55D-53.2). An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.
2. County Construction Board - The county construction board of appeals shall hear the appeal, render a decision thereon, and file its decision with a statement of the reasons therefor with the Municipality or approving authority not later than 10 business days following the submission of the appeal, unless such period of time has been extended with the consent of the applicant. The decision may approve, disapprove, or modify the professional charges appealed from. A copy of the decision shall be forwarded by certified or registered mail to the party making the appeal, the Municipality, the approving authority, and the professional involved in the appeal. Failure by the board to hear an appeal and render and file a decision thereon within the time limits prescribed in this subsection shall be deemed a denial of the appeal for purposes of a complaint, application, or appeal to a court of competent jurisdiction.
3. Application Not Delayed - During the pendence of any appeal, the Municipality or approving authority shall continue to process, hear, and decide the application for development, and to inspect the development in the normal course, and shall not withhold, delay, or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending under this subsection. The Chief Financial Officer of the Municipality may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the Chief Financial Officer of the Municipality shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of the Municipality, the professional or consultant shall reimburse the Municipality in the amount of any such disallowed charge.
The boards shall make rules governing the conduct of hearings, which rules shall not be inconsistent with the provisions of the Municipal Land Use Law (N.J.S.A. 40:55D-1, et seq.) or of this Ordinance.
The officer presiding at the hearing, or such person as he or she may designate, shall have power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties and the provisions of the County and Municipal Investigations Law (N.J.S.A. 2A:67-1, et seq.) shall apply.
The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer, and the right of cross examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
Technical rules of evidence shall not be applicable to the hearing, but the Boards may exclude irrelevant, immaterial or unduly repetitious evidence.
Each Board shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. The board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at their expense. The charge for the furnishing of said transcript or duplicate recording shall not be in excess of the actual cost or such transcription or duplication. Said transcript shall be certified in writing by the transcriber to be accurate.
Any maps and documents for which approval is sought at a hearing shall be on file and available for public inspection at least ten (10) days before the date of the hearing during normal business hours in the office of the Secretary of the Board. The applicant may produce other documents, records, or testimony at the hearing to substantiate or clarify or supplement the previously filed maps and documents.
1.Public Notice - Public Notice of a hearing shall be given in the following cases: a) b) Application for preliminary approval of a major subdivision.
Application which requires a variance, direction for issuance of a permit (N.J.S.A. 40:55D-34 and 36); interpretation of the zoning map or Ordinance (N.J.S.A. 40:55D-70(b)); appeal of order of an administrative officer of the township (N.J.S.A. 40:55D-70(a)); or conditional use (N.J.S.A. 40:55D-67); c) d) Application for preliminary major site plan approval.
Extension of a preliminary major subdivision or a preliminary major site plan (pursuant to subsection d. of N.J.S.A 40:55D-49) or extension of a final major subdivision or a final major site plan (pursuant to subsection b. of N.J.S.A. 40:55D-52) for a period of five (5) years or more. e) Modification or elimination of a significant condition or conditions in a memorializing resolution in any situation wherein the application for development to which the resolution pertains required public notice.
2. Public Notice Procedures. a) Public notice shall be given by publication in the official newspaper of the township at least ten (10) days prior to the date of the hearing. b) Notice shall be given to the owners of all real property as shown on the current tax duplicate located in the State and within two hundred (200) feet in all directions of the perimeter of the property which is the subject of such hearing; provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by (a) serving a copy thereof on the property owner as shown on the said current tax duplicate, or his or her agent in charge of the property, or (b) mailing a copy thereof by certified mail to the property owner at his or her address as shown on the said current tax duplicate.
Notice to a partnership owner may be made be service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas.
3. Other Notices Required. a) Notice of all hearings on applications for development involving property located within two hundred (200) feet of an adjoining municipality shall be given by personal service or certified mail to the -clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to the New Jersey Municipal Land Use Law to the owners of lands in such adjoining municipality which are located within two hundred (200) feet of the subject premises. b) Notice shall by given be personal service or certified mail to the County Planning Board of hearings on applications for (a) development of property adjacent to an existing or proposed road shown on the Official County Map or on the County Master Plan; (b) adjoining other county land; or (c) situated within two hundred (200) feet of a municipal boundary. c) Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway. d) Notice shall be given by personal service or certified mail to the Director of the Division of State and Regional Planning in the Department of Community Affairs of a hearing on an application for development of property which exceeds one hundred fifty (150) acres or five hundred (500) dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Township Clerk pursuant to N.J.S.A. 40:55D-10(b). e) Notice of hearing on master plan, capital improvements program or official map shall be given in accordance with N.J.S.A. 40:55D-13 and N.J.S.A. 40:55D-15, respectively. f) Notice shall be provided to such public utility cable television companies and local utilities interested in receiving such notice as have registered with Roxbury Township indicating that said public utility, cable television company and local utility has a right-of-way or easement.
4. Time for Service - All notices hereinabove specified in this section shall be given at least ten (10) days prior to the date fixed for hearing.
5. Method of Service - Any notice made by certified mail as hereinabove required shall be deemed as complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
6. Form of Notice - All required notices shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Tax Assessor's Office. The notice shall indicate the location and times at which any maps and documents for which approval is sought may be reviewed by the public. If the application for development includes consideration of a conditional use, the hearing notice shall include reference to the conditional use.
7. List of Property Owners Furnished - Pursuant to the provision of N.J.S.A. 40:55D-12(c), the Tax Assessor, within seven (7) days after receipt of a request therefor and upon receipt of payment of a fee of Ten Dollars ($10.00), or 25 cents per name, whichever is more, shall make and certify a list from the current tax duplicate of names and addresses of owners in the Township to whom the applicant is required to give notice. The applicant shall also supply to the Tax Assessor at the time of request a map showing all properties and current tax map information for the subject property and all properties within two hundred (200) feet of the perimeter of the subject property. The applicant shall be entitled to rely upon the information contained in such list and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding.
8. Material to be Filed with Board - The applicant shall file an affidavit of proof of service, form of notice, list of property owners served, and map specified in paragraph above with the Board prior to the hearing.
1. Each decision on any application for development shall be set forth in writing as a resolution of the Board which shall include findings of fact and legal conclusions based thereon. Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.
2. The Board may provide such written decision and findings and conclusions either on the date of the meeting at which the Board takes action to grant or deny approval, or within 45 days of such meeting by the adoption of a resolution of memorialization setting forth the decision and the findings and conclusions of the Board thereon. An action resulting from the failure of a motion to approve an application shall be memorialized by resolution as provided above.
Failure to adopt a resolution of memorialization pursuant to this subsection within the applicable time period for rendering a decision on the application for development shall not constitute a failure to act on the application pursuant to N.J.S.A. 40:55D-61, 40:55D-73 or 40:55D-70c. The memorializing resolution shall be adopted -by a vote of a majority of the members of the approving Board, then present, who voted for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be memorialization of an action of the approving Board, and not to be an action of the approving Board.
3. A copy of the decision shall be mailed by the Secretary of the Board within ten (10) days of the date of decision to the applicant or, if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Secretary of the Board, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality.
4. The applicant shall arrange for the publication of a brief notice of the decision in the official newspaper designated by the Board for publication within ten (10) days of the date of any such decision or date of resolution of memorialization.
Pursuant to the provisions of N.J.S.A. 40:55D39 and N.J.S.A. 40:55D-65, every application for development submitted to the Planning Board or to the Zoning Board of Adjustment shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by either board shall be conditioned upon either the prompt payment of such taxes or assessments, or the making of adequate provision for the payment thereof in such manner that the township will be adequately protected. Proof that no taxes or assessments are in arrears shall be presented on forms provided by the tax collector.
1.In the event that a developer submits an application which the Planning Board or the Zoning Board of Adjustment finds it cannot approve in its submitted form due to reasonable planning, engineering, or legal considerations, the approving board may modify the application or place reasonable conditions on the approval of same; provided, however, that the Planning Board or Zoning Board of Adjustment shall state the reasons for the modifications and/or conditions.
2. In the event that a developer submits an application which requires action or approval by other agencies or persons, the approving Board may, in appropriate instances, process such application in accordance with this Ordinance, and if such application complies with all Township regulations, the approving Board may approve such application conditioned upon the receipt of the required actions or approvals.
3. In the event that, during the period of approval heretofore or hereafter granted to an application, the developer is barred or prevented, directly or indirectly, from proceeding with the development otherwise permitted under such approval by a legal action instituted by any State agency, political subdivision or other party to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval under this Article shall be suspended for the period of time said legal action is pending or such directive or order is in effect.
4. In the event that development proposed by an application requires an approval by a governmental agency other than the Planning Board or the Zoning Board of Adjustment, the Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency. The Board shall make a decision on any application within the time period provided in this Ordinance or within an extension of such period as has been agreed to by the applicant unless the Planning Board is prevented or relieved from so acting by the operation of law.
The approving Board and an applicant may mutually agree to extend the time limit specified for action. Such extension shall be made for a specific period of time and indicated in the minutes of the meeting. Requests for extensions by the applicant shall be made by the applicant at the meeting or in writing prior to the meeting. Agreement by an applicant to an adjournment of a hearing shall constitute consent to extend the time for Board action on the application through the agreed upon adjournment date.
Construction pursuant to a bulk "c" or use "d" variance or design waiver granted in connection with the approval of a site plan or subdivision shall be commenced within the statutory time limit for said site plan or subdivision approval pursuant to N.J.S.A. 40:55D-49 and 40:55D-52, or any extension thereof. A bulk "c" or use "d" variance or design waiver which is not part of a site plan or subdivision shall be implemented within three (3) years of the date of approval. Any bulk "c" or use "d" variance or design waiver not implemented as set forth herein shall be void.
1.The prospective purchasers, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, may apply in writing to the Secretary of the Board-for the issuance of a certificate certifying whether or not such subdivision has been approved by the approving Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
The Secretary of the Board shall make and issue such certificate within thirty (30) days after the receipt of such written application and the fees therefor and shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record in the officer's office.
Each such certificate shall be designated a "certificate as to approval of subdivision of land", and shall certify: a) That there exists a duly established Planning Board and that there is an ordinance controlling subdivision of land; b) Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board, and, if so, the date of such approval and any extensions and terms thereof, showing that the subdivision of which the lands are a part is a validly existing subdivision.
The Secretary of the Board shall, in connection with the issuance of such certificates of approval, collect fees specified in section 13-2.4 of this Ordinance. The fees so collected by such official shall be paid to the municipality.
2. Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon. the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality.
If the Secretary of the Board fails to issue the same within thirty (30) days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the Township.
The Planning Board or Board of Adjustment, whichever approving authority shall have jurisdiction in the matter, may require, as a condition of its approval, that the applicant enter in a Developer's Agreement with the Township Council providing for such reasonable conditions as the approving authority finds necessary to assure that the required improvements shall be properly installed and will function so as not to create any nuisance or condition adverse to the public interest, which Agreement shall be acceptable in form and content by the Township Council. The agreement may not be assigned without the written consent of the Township Council. A developer's agreement shall be required by the planning board as a precondition to the filing of the final plat whenever it grants a final subdivision approval pursuant to which the applicant is permitted to furnish a performance guarantee for some or all of the subdivision improvements set forth in Section 13-4.2. In such final subdivision approvals, the planning board may recommend the inclusion of certain provisions in the developer's agreement with respect to the issues to be covered by the developer's agreement, which may include, without limitation, the time period for the installation of improvements, phasing schedule, and conditions precedent to the issuance of certificates of occupancy. The developer's agreement with the Township of Roxbury shall address the following matters:
1. Time period for installation of improvements.
2. Phasing schedule.
3. Maintenance of improvements prior to acceptance.
4. Insurance coverage.
5. Conditions precedent to the issuance of and the number of building permits and certificates of occupancy.
6. Remedies upon default.
7. Liens for municipal costs.
8. Other matters deemed relevant by the Mayor and Council to protect the public health, safety and general welfare of the residents of the Township of Roxbury.
9. The purpose of the developer's agreement shall always be to promote the public health, safety and general welfare of the residents of the Township of Roxbury and to secure their safety from fire, flood, panic and other natural and man-made disasters to the end that each dwelling unit and tract area is as complete as possible before residents are residing or using the facilities located herein.
