[Added 10-24-1985 by Ord. No. 85-10]
Before approving a subdivision or site plan,
the approving authority shall require that streets, public drainageways,
flood control basins and public areas designated for reservation on
the Master Plan must be shown on the plat in locations and sizes suitable
to their intended uses. The approving authority may reserve the location
and extent of such streets, ways, basins or areas shown on the plat
for a period of time as may be agreed to by the developer. Unless
during such period or extension thereof the Township shall have entered
into a contract to purchase or institute condemnation proceedings
according to law for the fee or a lesser interest in the land comprising
such streets, ways, basins or areas, the developer shall not be bound
by such reservations shown on the plat and may proceed to use such
land for private use in accordance with applicable development regulations.
The provisions of this section shall not apply to streets and roads,
flood control basins or public drainageways necessitated by the subdivision
or land development and required for final approval.
A.
The approving authority shall require, as a condition of preliminary subdivision or site plan approval, that the developer pay his pro rata share of the cost of providing only reasonable and necessary street improvements, water, sewerage and drainage facilities and easements necessitated or required by construction or improvements within such development. Such contribution for a developer's pro rata share shall only be required where the off-tract improvements are to be constructed pursuant to the provisions of the circulation and comprehensive utility services plans included in the Township Master Plan pursuant to § 255-32 of Article III. The developer shall either install the improvements or contribute his pro rata share of the costs, at the option of the municipal agency. If the developer installs the improvements, he shall be compensated by the Township for all but his pro rata share of the cost of the improvement.
B.
Standards for determining the pro rata share of off-tract
improvements.
(1)
If only the developed tract is benefited by the off-tract
improvements, the entire costs of off-tract improvements will be borne
by the developer.
(2)
If both the developed tract and other tracts are benefited,
the developer shall pay the difference between the total cost of improvements
minus the total amount by which all property served thereby, including
the developed tract, has been benefited plus the value of the special
benefit to the developed tract.
(3)
The Tax Assessor shall determine the amount and value
by which each tract is benefited.
(4)
In determining the amount and value by which each
tract is benefited, the Assessor shall utilize the manuals, rules
and regulations prescribed by the State of New Jersey for assessment
and valuation of property.
(5)
The cost of making the aforementioned determination
shall be borne solely by the developer.
(6)
If, in the opinion of the Assessor, it is impracticable
for the Assessor to make the valuation required in this section, the
Township Committee shall select a qualified valuation company approved
by the Assessor to make the aforementioned determinations. The cost
of this shall be borne solely by the developer.
Prior to approval of planned developments the
approving authority shall find the following facts and conclusions:
B.
That the proposals for maintenance and conservation
of the common open space are reliable and that 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 and recreational
and visual enjoyment are adequate.
D.
That the proposed planned 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.
A.
The Township may, at any time and from time to time,
accept the dedication of land for public use and maintenance, or any
interest therein, required to be set aside, designated and reserved
for the use and enjoyment of owners and occupants of land adjoining
or neighboring such land as a condition of approval of planned unit
development, planned unit residential development or residential cluster,
but such dedication shall not be required by the approving authority.
B.
The developer shall provide for an organization for
the ownership and maintenance of any open space for the benefit of
owners or residents of a development if said open space is not dedicated
to the Township. Such organization shall not be dissolved and shall
not dispose of any open space, by sale or otherwise, except to an
organization conceived and established to own and maintain the open
space for the benefit of such development, and thereafter such organization
shall not be dissolved or dispose of any of its open space without
first offering to dedicate the same to the Township.
C.
In the event that such organization shall fail to
maintain the open space in reasonable order and condition, the Township
Committee or its designee may serve written notice upon such organization,
or upon the owners of the development, setting forth the manner in
which the organization has failed to maintain the open space in reasonable
condition, and said notice shall include a demand that such deficiencies
of maintenance be cured within 35 days thereof and shall state the
date and place of a hearing thereon which shall be held within 15
days of the notice. At such hearing, the Township Committee or its
designee may modify the terms of the original notice as to deficiencies
and may give a reasonable extension of time not to exceed 65 days
within which they may be cured. If the deficiencies set forth in the
original notice or in the modification thereof shall not be cured
within said 35 days or any permitted extension thereof, the Township,
in order to preserve the open space and maintain the same for a period
of one year, may enter upon and maintain such land. Said entry and
maintenance shall not vest in the public any rights to use the open
space except when the same is voluntarily dedicated to the public
by the owners. Before the expiration of said year, the Township Committee
or its designee shall, upon its initiative or upon the request of
the organization theretofore responsible for the maintenance of the
open space, call a public hearing upon 15 days' written notice to
such organization and to the owners of the development, to be held
by the Township Committee or its designee, at which hearing such organization
and the owners of the development shall show cause why such maintenance
by the Township shall not, at the election of the Township, continue
for a succeeding year. If the Township Committee or its designee shall
determine that such organization is ready and able to maintain said
open space in reasonable condition, the Township shall cease to maintain
said open space at the end of said year. If the Township Committee
or its designee shall determine that such organization is not ready
and able to maintain said open space in a reasonable condition, the
Township may, in its discretion, continue to maintain said open space
during the next succeeding year, subject to a similar hearing and
determination in each year thereafter. The decision of the Township
Committee or its designee in any case shall constitute a final administrative
decision subject to judicial review.
D.
The cost of such maintenance by the Township shall
be assessed pro rata against the properties within the development
that have a right of enjoyment of the open space in accordance with
assessed value at the time or imposition of the lien and shall become
a lien and tax on said properties and be added to and be part of the
tax to be levied and assessed thereon and be enforced and collected
with interest by the same officers and in the same manner as other
taxes.
A.
The reviewing Board, when acting upon applications
for preliminary or minor subdivision approval, shall have the power
to grant such exceptions from the requirements for subdivision approval
as may be reasonable and within the general purpose and intent of
the provisions for subdivision review pursuant to this article if
the literal enforcement of one or more provisions is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question.
B.
The reviewing Board, when acting upon applications
for preliminary site plan approval, shall have the power to grant
such exceptions from the requirements for site plan approval as may
be reasonable and within the general purpose and intent of the provisions
for site plan review pursuant to this article if the literal enforcement
of one or more provisions is impracticable or will exact undue hardship
because of peculiar conditions pertaining to the land in question.
C.
The reviewing Board shall have the power to review
and approve or deny conditional uses or site plans simultaneously
with review for subdivision approval without the developer being required
to make further application to the reviewing Board or the reviewing
Board being required to hold further hearings. The longest time period
for action by the reviewing Board, whether it is for subdivision,
conditional use or site plan approval, shall apply. Whenever approval
of a conditional use is requested by the developer pursuant to this
subsection, notice of the hearings on the plat shall include reference
to the request for such conditional use.
The installation of improvements and/or guaranty of installation as required by the reviewing Board shall be governed by § 255-21 of this chapter. The reviewing Board may establish reasonable time limits for installation of improvements, given the size of the development.
All improvements in connection with a subdivision or site plan shall be inspected by the Municipal Engineer pursuant to § 255-23. The Municipal Engineer may permit minor deviations from the approved plans if an on-site inspection of the installations or an unforeseen circumstance should warrant said deviation.
Permits for structures arising out of site plan or subdivision approval shall be governed by § 255-22.
A.
Final approval of a major subdivision shall expire
95 days from the date of the signing of the plat unless within such
period that plat shall have been duly filed by the developer with
the county recording officer. The approving authority may, for good
cause shown, extend the period for recording for an additional period
not to exceed 190 days from the date of signing of the plat. The approving
authority may extend the ninety-five-day or one-hundred-ninety-day
period if the developer proves to the reasonable satisfaction of the
approving authority (1) that the developer was barred or prevented,
directly or indirectly, from filing because of delays in obtaining
legally required approvals from other governmental or quasi-governmental
entities and (2) that the developer applied promptly for and diligently
pursued the required approvals. The length of the extension shall
be equal to the period of delay caused by the wait for the required
approvals, as determined by the approving authority. The developer
may apply for an extension either before or after the original expiration
date.
[Amended 2-13-2007 by Ord. No. 2007-01]
B.
Final approval of a major subdivision shall be evidenced by affixing to the plat the signature of the Chairman and Secretary of the approving authority, or by a copy of the certificate of the Secretary of the approving authority indicating that the approving authority failed to reach a decision on the subdivision application within the prescribed time. The signatures of the Chairman and Secretary of the approving authority shall not be affixed until the developer has either posted the guaranties required pursuant to § 255-49C(1)(e) and (f) of this chapter or installed the required improvements.
A.
If before final subdivision approval has been granted
any person transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which Township approval is required by this chapter, such person
shall be subject to a penalty not to exceed $1,000, and each lot disposition
so made may be deemed a separate violation.
A.
The prospective purchaser, prospective mortgagee or
any other person interested in any land which forms part of a subdivision
or which formed part of such a subdivision three years preceding August
1, 1976, may apply in writing to the Clerk of the reviewing Board
for the issuance of a certificate certifying whether or not such subdivision
has been approved by the Land Use 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.
[Amended 2-13-2007 by Ord. No. 2007-07]
B.
The Clerk of the reviewing Board shall make and issue
such certificate within 15 days after the receipt of such written
application and the fees therefor. Said officer shall keep a duplicate
copy of each certificate, consecutively numbered, including a statement
of the fee charged, in a binder as a permanent record of his or her
office.
C.
Each such certificate shall be designated a "certificate
as to approval of subdivision of land" and shall certify:
[Amended 2-13-2007 by Ord. No. 2007-07]
D.
The Clerk of the reviewing Board shall be entitled
to demand and receive for such certificate issued by him a reasonable
fee not in excess of those provided in N.J.S.A. 54:5-14 and N.J.S.A.
54:5-15. The fees so collected by the Clerk shall be paid by him or
her to the Township.
[Amended 2-13-2007 by Ord. No. 2007-07]
If requested by the developer, the Land Use
Board shall grant an informal review of the concept plan for development
for which the developer intends to prepare and submit an application
for development. No fees shall be required for such an informal hearing.
The developer shall not be bound by any concept plan for which review
is requested, and the reviewing Board shall not be bound by any such
review. No notices shall be required for such an informal hearing.
The minimum requirements for such an informal review by the Land Use
Board are as follows:
A.
Ten copies of a plat at a scale of one inch equals
100 feet, which must be based on Tax Map information, including two-foot-interval
topographical maps as available through the Township or maps to equivalent
standards, said plats to also indicate lot and block numbers, existing
and proposed lines, existing and proposed improvements, such as streets
and structures, and present zoning.
B.
A key map which may be based on the Tax Map information
indicating the premises being developed and lots within 1/2 mile of
the extreme limits of the proposed development.
[Added 12-29-1986 by Ord. No. 86-17]
A.
Purpose. The preservation, protection and enhancement
of the Morris Canal is necessary because:
(1)
The Morris Canal is recognized as a cultural resource
of national importance by its inclusion on the State and National
Registers of Historic Places.
(2)
The Morris Canal was of great significance locally
to the social and economic development of Warren County as a whole
and of the individual municipalities through which it passed and is
so recognized by its inclusion in Warren County's Open Space Plan.
(3)
The Morris Canal has environmental importance as a
drainageway, water retention basin and, in many cases, as a portion
of valuable natural area watersheds.
B.
Zone designations. The definition of the Morris Canal
corridor on the Municipal Zoning Map shall include:
(1)
The canal right-of-way, levels, prism, basins, locks
and inclined planes.
(2)
Adjacent features, sites and structures, such as boat
yards, of primary importance to the operation of the canal.
(3)
In addition, areas of special sensitivity within the
zone, including but not necessarily limited to special features, such
as the inclined planes, locks and boat basins and yards, shall be
designated.
C.
Prohibitions. The following shall be prohibited:
(1)
The indiscriminate dumping, filling and/or destruction
within the zone of the canal prism, towpath, banks and other related
physical features, both above and below ground.
(2)
The issuance of building permits within the canal
zone that would negatively impact the extent of cultural resources
and/or the function of the canal as a drainageway, retention basin
or portion of a natural area watershed.
D.
Provisions for driveways, underground utilities, sanitary
and stormwater sewers, streets, etc. The crossing of and the excavation
within the canal zone for any of the above mentioned purposes is to
be allowed only when there is no feasible and prudent alternative
and when such action is clearly in the public interest. Provisions
in this circumstance are to include:
(1)
For utilities and sewers, work is to be done in such
a manner as to minimize the disturbance and/or destruction of significant
features, both above and below ground, and any such features disturbed
and/or destroyed in such work are to be restored to their preexisting
condition as closely as is feasibly possible.
(2)
For driveways, work is to be done in such a way as
to minimize the disturbance and/or destruction of significant features,
both above and below ground, to restore the same where feasibly possible
and to ensure proper drainage flow.
(3)
For minor and major subdivision applications and for
individual applications where multiple driveways would normally be
permitted, only one common driveway crossing of the canal zone is
to be permitted.
(4)
In the above-mentioned circumstances, the provision
of more than one driveway may be allowed if it can be demonstrated
that the provision of a single driveway is not feasible.
(5)
For major subdivisions where one or more streets are
proposed to cross the canal corridor, a bridge is to be provided to
carry the roadway over the canal prism. The same shall be required
for minor subdivisions if deemed by the Land Use Board to be appropriate
and in the public interest.
[Amended 2-13-2007 by Ord. No. 2007-07]
E.
Conservation easements.
(1)
Owners of property within the canal zone are encouraged
to donate conservation easements to the Township.
(2)
Major and minor subdivision applicants are required
to designate conservation easements of the canal zone on the plans
for the subject property and to donate the same to the Township. The
above-mentioned requirement shall apply to site plan applications
where deemed appropriate by the Land Use Board.
[Amended 2-13-2007 by Ord. No. 2007-07]
F.
Review procedures. The Land Use Board shall review
and comment as regards compliance with the provisions of this section.
The Board shall review and comment on not only site plans, minor subdivisions
and major subdivisions submitted to them but also building permits
and driveway opening permits for property within the canal zone submitted
to them by the Township Building Inspector.
[Amended 2-13-2007 by Ord. No. 2007-07]
