[Added 5-10-93 by Ord. No. 93-21; amended 10-2-95 by Ord. No. 95-34; 3-8-99 by Ord. No. 99-12]
A. Prior to construction, the developer shall arrange for a preconstruction conference among the developers, contractor and Manager of Engineering Services or his/her designee. The Manager of Engineering Services shall be notified by certified mail by the developer at least five business days in advance of the planned commencement of construction. activity.
B. No work shall be done without the appropriate valid construction permit from and inspection by the Township. The Manager of Engineering Services or his/her designee is authorized to issue a summons in the event any developer, agent, or corporation refuses to honor a stop work notice. No underground installation shall be covered until inspected and approved. The Township Department of Planning and Engineering shall be notified twenty-four hours before each of the following phases of the work has been commenced so that the Township may inspect the work: pavement subgrade; curb and gutter forms; curbs and gutters; pavement (after each coat, in the case of priming and sealing); drainage pipes and other drainage structures before backfilling; shade trees and planting strips; street name signs; and monuments.
C. No work or construction of improvements requiring same day inspection by the township shall be performed on Saturdays, Sundays, legal township holidays or at any other time or hours than those during which the East Brunswick Municipal Building is open to the general public without prior approval from the Department of Planning & Engineering. These items of work include but are not limited to pouring- concrete, paving and pipe construction. [Amended 3-8-99 by Ord. No. 99-12]
D. Prior to the issuance of any occupancy permits the Manager of Engineering Services or his/her designee shall inspect the site to determine that all site work shown on the approved site plan and/or subdivision plan have been completed. including but not limited to curbs, aprons, utilities, functioning water supply and storm drainage improvements to ensure proper drainage of the lot and surrounding land, fine grading of lots, clearing of sight triangles, soil stabilization, including topsoil and seeding, sidewalks and installation of the base course for the street including subgrade to serve the lot and structure for which the permit is requested. In addition, there shall be compliance with all township codes and provisions, including payment of all monies due.
E. Streets shall not receive finished surface course paving until all heavy construction is completed as determined by the Manager of Engineering Services or his/her designee. Shade trees shall not be planted until all grading and earthmoving is completed.
F. 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 reasonable based on the approved development plans and documents. [Added 10-2-95 by Ord. No. 95-34]
**Webmasters Note: The previous section has been amended as per Ordinance No. 08-12.
A. Prior to bond release for all residential improvements and all other improvements in the public right-of-way or public easements, "as-built" drawings shall be submitted to the Township Engineer. As-built plans shall be submitted on plastic film as well as a CAD generated data file (compatible with the most current version of AutoCAD) with a scale of no greater than 1" = 50'. All submittals must be referenced to the N.J. State Plane coordinate system of 1983 and the NAVD of 1988. As built plans shall include the following:
1. All public and private right-of-ways, property lines and easements.
2. Monuments plus at least three ties from permanent fixtures (i.e. manholes, inlets, building corners, etc.). Utility poles are not acceptable. If a building corner is used, the entire footprint of the building shall be shown.
3. Pavement width.
4. Pavement cross section elevations every 50 feet, except when roadway centerline profiles are I percent or less, pavement cross sections shall be taken every 25 feet.
5. Lot and block numbers, building numbers and addresses of each living unit, commercial space or industrial use.
6. Off-site improvements, if any pursuant to the requirements of item 7. below.
7. Utilities.
a. Drainage System.
i. Size, length, type and class of pipe.
ii. Manholes, inlets, headwalls and all other drainage structures.
iii. Invert, grate and top of curb elevations for inlets; invert and rim elevations for manholes; invert and top elevation on other structures.
b. Water Lines.
i. Size, type and class of pipe.
ii. Hydrants and guard valve location with measurement from hydrant.
iii. At least three ties to water valves from permanent fixtures (i.e. manholes, inlets, building corners, etc.). Utility poles are not acceptable. If a building corner is used, the entire footprint of the building shall be shown.
c. Sanitary Sewer System.
i. Size, length, type and class of pipe.
ii. Manholes and other structures or facilities.
iii. Invert and rim elevations including all incoming and outgoing pipes.
iv. Confirmation of watertight locking covers where required by site plan, subdivision or Sewerage Authority approvals.
8. Certification by a New Jersey Licensed Surveyor or New Jersey Professional Engineer that the as-built plan is complete and correct.
B. Prior to release of improvement inspection escrows for all non-residential improvements and bond release for all other improvements in the public right-of-way or public easements, "as built" drawings shall be submitted to the Township Engineer. As-built plans shall be submitted on plastic film as well as a CAD generated data file (compatible with the most current version of AutoCAD) with a scale of no greater than 1" = 50'. All submittals must be referenced to the N.J. State Plane coordinate system of 1983 and the NAVD of 1988. As built plans shall include the following:
1. All public and private right-of-ways, property lines and easements.
2. Monuments plus at least three ties from permanent fixtures (i.e. manholes, inlets building corners, etc.). Utility poles are not acceptable. If a building corner is used, the entire footprint of the building shall be shown.
3. Contours at 1 foot intervals based on National Geodetic vertical Datum 1988 with spot elevations at building corners and areas where slopes are less than 1 %.
4. Lot and block numbers, building numbers and addresses of each living, unit commercial space or industrial use.
5. Off-site improvements, if any pursuant to the requirements of item 6 below.
6. Utilities.
a. Drainage System.
i. Size, length, type and class of pipe.
ii. Manholes, inlets, headwalls and all other drainage structures.
iii. Invert, gate and top of curb elevations for inlets; invert and rim elevations for manholes; invert and top elevation on other structures.
b. Water Lines.
i. Size, type and class of pipe.
ii. Hydrants and guard valve location with measurement from hydrant.
iii. At least three ties to water valves from permanent fixtures (i.e. manholes, inlets, building corners, etc.). Utility poles are not acceptable. If a building corner is used, the entire footprint of the building shall be shown.
c. Sanitary Sewer System.
i. Size, length, type and class of pipe.
ii. Manholes and other structures or facilities.
iii. Invert and rim elevations including all incoming and outgoing
iv. Confirmation of watertight locking covers where required by site plan, subdivision or Sewerage Authority approvals.
7. All planimetric features of the site, including but not limited to: building footprint(s), curbs, sidewalks, retaining walls, sheds, fences, etc.
8. Certification by a New Jersey Licensed Surveyor or New Jersey Professional Engineer that the as-built plan is complete and correct.
**Webmasters Note: The previous section has been amended as per Ordinance No. 02-24.
A. A developer, as a condition for approval of a subdivision or site plan, in accordance with N.J.R.S. 40:55D-42, shall be required to pay only his pro rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities and easements therefor, located outside the property limits of the subdivision or development but necessitated or required by construction or improvements within such subdivision or development. The pro rata share shall be determined by analyzing the circulation plan element of the East Brunswick Master Plan showing the location and types of facilities for all modes of transportation required for the efficient movement of people and goods into, about and through the municipality, as well as the utility service plan element of the East Brunswick Master Plan analyzing the need for and showing the future general location of water supply and distribution facilities, drainage and flood control facilities, sewage and waste treatment, solid waste disposal and provision for other related utilities. Consideration shall be given by the Planning Board to the question of whether or not the need for the off-tract improvement was created by the proposed development of land and whether the required improvement not only benefits the developer's tract but other properties as well. The Board shall also determine the related common area which is to be serviced or benefitted by the facilities or improvements required.
The developer shall be required to pay the difference between the cost of the off tract improvement and the total amount by which all properties served thereby, including the developer's property, have been specifically benefitted by the improvement. Further, if the off-tract improvement is to be constructed by the municipality as a general improvement or if the improvement is to be constructed by a developer with a provision for later reimbursement by the municipality, then the developer shall not be charged with the amount by which the developer's property was specially benefitted by the improvement. In the event that the municipality shall construct the off-tract improvement as a local improvement under N.J.R.S. 40:56-1 et seq., the developer may be called upon to pay, in addition to the amount set forth above, the amount by which the subject property was specially benefitted by the improvement.
B. Prior to the Board making a determination of the amount to be paid by the developer, the governing body shall make a determination whether the off-tract improvement is to be constructed by the municipality as a general improvement or as a local improvement or whether it is to be done by the developer with a formula providing for partial reimbursement if the improvement specially benefits properties other than the subdivision, Once that decision has been made, the Planning Board shall be required to estimate, with the aid of the Municipal Engineer. the Director of Finance and the Board of Special Assessments the cost of the improvement and the amount by which all properties to be serviced thereby, including the subject property, will be specially benefitted therefrom.
C. When the foregoing has been determined, the developer shall be required to provide, as a condition for approval of his subdivision or site plan application, a bond, or a cash deposit in lieu thereof, not exceeding ten percent (1 0%) of the cost of the improvements, as determined by the Planning Board, to ensure payment to the municipality of one (1) of the following amounts:
1. If the improvement is to be constructed by the municipality as a general improvement. an amount equal to the difference between the estimated cost of the improvement and the estimated total amount by which all properties to be serviced thereby, including the subject property, will be specially benefitted by the 'Improvement.
2. If the improvement is to be constructed by the municipality as a local improvement, then, in addition to the amount referred to in Subsection C(1), the estimated amount by which the subject property will be specially benefitted by the improvement.
3. If the improvement is to be constructed by the developer, an amount equal to the estimated cost of the improvement.
D. After the improvement is completed, the estimated amounts shall be redetermined to the end that the developer will be required to pay his appropriate share of the cost thereof.
E. The standards set forth above shall not be altered subsequent to preliminary approval by a developer.
F. Where a developer pays the amount determined as his pro rata share under protest, he shall institute legal action within one (1) year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount, in accordance with N.J.S.A. 40:55D-42.
[Added 6-10-92 by Ord. No. 92-19]
If an approving authority includes as a condition of approval of an application for development pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.) the installation of street lighting on a dedicated public street connected to a public utility, then upon notification in writing by the developer to the approving authority and governing body of the municipality that (1) the street lighting on a dedicated public street has been installed and accepted for service by the public utility and (2) that certificates of occupancy have been issued for at least 50% of the dwelling units and 50% of the floor area of the nonresidential uses on the dedicated public street or portion thereof indicated by section pursuant to section 29 of P.L.1975, c.291 (C.40:55D-38), the municipality shall within 30 days following receipt of the notification, make appropriate arrangements with the public utility for, and assume the payment of, the costs of the street lighting on the dedicated public street on a continuing basis. Compliance by the municipality with the provisions of this section shall not be deemed to constitute acceptance of the street by the municipality.
A. Building Permits - No building permit shall be issued by the Construction Official until final approval has been granted to the application for development.
B. At the time of issuance of any building permit, the building code official will provide written instruction on proper disposal and recycling of construction and demolition waste and furnish a Notification of Construction/Demolition Activity Form. The Form must be filled out by the permittee and faxed to the Middlesex County Division of Solid Waste Management (MCDSWM) within 48 hours of the issuance of a municipal permit.
C. Building Lots to Abut Street - No permit for the erection of a building or structure shall be issued unless the lot abuts a street giving access to such proposed building or structure. Such lot shall be on an existing state, county or municipal street or highway or on a street shown upon a plat approved by the appropriate Board or on a street on a plat duly filed in the office of a county recording officer prior to the passage of an ordinance under this chapter or any prior law which required prior approval of plats by the governing body or other authorized body. Before any such permit shall be issued, such street shall have been certified to be suitably improved to the satisfaction of the Township Council or such suitable improvement shall have been assured by means of a performance guarantee, in accordance with standards and specifications for road improvement approved by the Township Council as adequate in respect to the public health, safety and general welfare of a special circumstance of the particular street
D. No building permits shall be issued by the Chief Construction Official for any home in a subdivision until final subdivision approval has been granted by the Planning Board
E. Conditional building permits. In the event that the Planning Board requires any correction or revision of the site plan, no building shall be issued a permit until the applicant has submitted a site plan corrected or revised in accordance with the decision of the Planning Board; provided, however, that the Chief Construction Official may, in his discretion, when a written request for modification has been submitted by the applicant, issue a conditional building permit, after the applicant has received site plan approval by the Planning Board but before the applicant has submitted corrected or revised site plans pursuant to the site plan approval granted by the Planning Board. The Chief Construction Official will base his decision on the following standards:
(1) That the applicant would suffer financial loss if permission to start construction is not granted.
(2) That the applicant shall proceed at his own risk with the building operation and without assurance that a permit for the entire structure will be granted.
(3) That permission to proceed with partial construction shall not be construed as authority to violate, cancel or set aside any of the provisions of the Code of the township, except as stipulated by modification or legally granted variation as described in approvals by township agencies.
(4) That such conditional building permit shall be valid for a period of three (3) months from the date of issuance and shall not be renewed. At the expiration of such period, construction shall cease until such time as the applicant shall obtain a building permit in accordance herewith.
**Webmasters Note: The previous section has been amended as per Ordinance No. 09-11.
[Added 8-14-00 by Ord. No. 00-15]
A. All fences six feet or less in height which do not serve as a pool barrier and shed installations as defined in 228-3 shall require a zoning permit prior to the start of construction. Such permit shall be issued by the Zoning Officer or his/her designee.
B. All zoning permit applications shall be made to the Zoning Officer or his/her designee on forms provided by the Office.
C. The application fee for a fence zoning permit is $25.00 and for a shed zoning permit is $15.00.
D. Zoning permits shall be valid for a period of one year from the date of issuance.
The Construction Official may issue a conditional building permit to any applicant who has received site plan or subdivision approval, but who has not yet submitted the completed revisions or corrections of the plats, plans and requisite documents, upon a showing by such applicant, in writing, that the failure to issue a building permit before such revisions and corrections can be completed will cause undue hardship in the development of this subject property or that other extenuating conditions exist which warrant the issuance of a conditional building permit. Such conditional building permit shall be valid for a period of three (3) months from the date of issuance and shall not be renewed. At the expiration of such period, construction shall cease until such time as the applicant shall obtain a building permit.
A. No land or new construction shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Construction Official stating that the use of the land or building complies with the provisions of this Ordinance.
B. No change, extension or alteration of the use of any land or structure shall be made until a certificate of occupancy shall have been issued by the Construction Official upon notification by the Zoning Officer that such change, extension or alteration is in conformity with the provisions of this Ordinance.
C. No certificate of occupancy for any land or structure shall be granted until all required improvements or conditions of approval have been met, installed or completed. A temporary certificate of occupancy may be issued but only for a specific period, upon such conditions as the Township Engineer may impose, such as bonding, to ensure the completion or installation of any such improvements unfinished because of weather or unforeseen delay. The installation of any required public or private improvements or improvements required as conditions of site plan approval may also be delayed if the Township Engineer warrants in writing to the Construction Official that the delay is in the best interests of the Township.
D. No certificate of occupancy shall be issued by the Chief Construction Official for any home in a subdivision until all the public improvements in the phase or section in which the certificate of occupancy is being requested (except for final paving course) are installed and the home is connected to all the utilities in accordance with the township regulations. This subsection shall apply in addition to any other requirements set forth in the building codes and any other Township ordinances relating to certificates of occupancy. Issuance of a certificate of occupancy contrary to this subsection shall be deemed an act of misfeasance by the issuing officer;
E. The transfer of any home with the intention of occupancy or the occupancy of any home without a certificate of occupancy having been issued, in a subdivision or elsewhere, where all of the water mains, storm sewers, culverts, underground electrical and telephone conduits, street grading, curbs and street pavement (except for the final paving course) have not been installed in front of or on the building site or to the rear of the building site, shall be a violation, by the subdivider or seller and the purchaser or occupant, of this chapter. A subdivider or seller or an occupant or purchaser found guilty of violating this subsection shall be subject to a fine not to exceed five hundred dollars ($500.) or imprisonment for not more than ninety (90) days, or both.
F. During the period from late fall to early spring or at other times of the year, it may not be feasible to install landscaping and minor construction details required by site plan approval due to inclement weather, unavailability of material or other reasons. The Director of Planning & Engineering may authorize the issuance of a certificate of occupancy where landscaping is not installed or minor construction details are not complete, provided that a cash deposit sufficient to accomplish all uncompleted work set forth on the site plan is posted with the Township of East Brunswick. The Director of Planning and Engineering will exercise his or her decision based on the following standards:
(a) That the applicant would suffer severe financial loss unless a certificate of occupancy is issued and that a temporary certificate of occupancy would not suffice.
(b) That the construction is of a minor nature, meaning it does not make up a large cost item in the overall site plan, and that the site can be used with the minor item omitted without endangering the health and welfare of the public or those using the premises.
(c) That weather conditions will make it unlikely that the landscaping, given all reasonable care, would survive.
(d) That the sum deposited shall be in an amount sufficient to cover the cost of completing the work to be done, not to exceed 120% of the cost of installation, as estimated by the Township Engineer in accordance with the Municipal Land Use Law.
(e) That the construction or the permanence of the construction would be jeopardized by the existing weather conditions.
(f) The sum deposited as escrow shall also include an amount sufficient to cover the cost of all inspections and tests which are required in connection with the construction or installation of all public improvements and all work required by site elan approval but not completed at the time the certificate of occupancy is issued. In addition, the Director of Planning & Engineering or his or her designee(s) shall estimate the amount necessary to cover the pro rata share of the cost of providing reasonable protection for off-tract impact caused by site work on the subject premises, which escrow shall be released at such time as the Director of Planning & Engineering or his or her designee(s) is satisfied that the site has been constructed in such a way so as to protect against such off-tract impact.
G. The applicant must also execute an agreement to complete the work as soon as weather permits and in no instance after more than one hundred eighty (180) days from the date of the application. Failure to complete the work within one hundred eighty (180) days shall constitute sufficient authorization for the Director of Planning and Engineering to utilize the cash deposit and have all work completed as shown on the approved site plan.
**Webmasters Note: The previous section has been amended as per Ordinance No. 09-11.
