Township of Riverside, NJ
Burlington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Riverside 8-22-1979 as Ord. No. 1979-14. Amendments noted where applicable.]
GENERAL REFERENCES

Planning Board — See Ch. 64.

Uniform construction codes — See Ch. 131.

Flood damage prevention — See Ch. 153.

Streets and sidewalks — See Ch. 228.

Zoning — See Ch. 255.

§ 231-1
Title. 

§ 231-2
Definitions. 

§ 231-2.1
Meeting with Initial Site Plan Review Committee. 

§ 231-3
When site plan review required. 

§ 231-4
Review standards. 

§ 231-5
Planning Board approval required; submission requirements. 

§ 231-6
Final site plan filing requirements. 

§ 231-7
Reservation of public areas. 

§ 231-8
Off-tract improvements. 

§ 231-9
Planning Board time limitations; waiver of requirements. 

§ 231-10
Public hearings. 

§ 231-11
Rights under preliminary approval. 

§ 231-12
Final approval of site plans and major subdivisions. 

§ 231-13
Allowable exceptions; simultaneous review and approval. 

§ 231-14
Effect of final approval. 

§ 231-15
Required guaranties. 

§ 231-16
Minor subdivisions. 

§ 231-17
Filing of approved plats. 

§ 231-18
Penalties for sale prior to approval. 

§ 231-19
Certificates of approval. 

§ 231-20
Conformance required; revocation of permit. 

§ 231-21
Violations and penalties.  

§ 231-1 Title.

This chapter shall be known as and may be cited as the "Site Plan and Subdivision Review Ordinance of the Township of Riverside."

§ 231-2 Definitions.

As used in this chapter, the following terms shall have the following meanings unless the context clearly indicates a different meaning:

APPLICANT
A developer submitting an application for site plan review.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or permit to build in a mapped area or for a structure not related to a street.
A. 

 — Indicates that the preliminary site plan or subdivision as submitted meets all requirements of applicable municipal ordinances and confers upon the applicant all of the benefits provided for in N.J.S.A. 40:55D-49.

B. 

 — The approval required prior to issuance of a building permit or other permit authorizing the development of land, pursuant to N.J.S.A. 40:55D-52.

DAYS
Calendar days.
DEVELOPER
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
DOWNTOWN POLICY REVIEW COMMITTEE
A committee that shall include the Township Mayor, Township Planning Board Chairman, Township Administrator, President of the Riverside Business Association, and one at-large position to be appointed by the Mayor. It shall meet on an as-needed basis, with the Township Planning Board Engineer and Planning Board Attorney, to discuss issues related to Riverside business-related development and policies related thereto.
[Added 8-18-2003 by Ord. No. 2003-7]
INITIAL SITE PLAN REVIEW COMMITTEE
A committee formed by the following designated members: Township Mayor, two members of the Township Planning Board. It shall meet on an as needed basis with any member developer who wishes to review its (developer's) conceptual ideas for the development of properties within the Township of Riverside. Any such meetings shall include the Planning Board Attorney and Planning Board Engineer to begin preliminary discussions for the review of proposed site development and redevelopment.
[Added 8-18-2003 by Ord. No. 2003-7]
MAINTENANCE GUARANTY
Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvement required by this chapter.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
A. 

A subdivision of land that does not involve:

(1) 

A creation of more than three lots.

(2) 

A planned development.

(3) 

Any new streets as for any extension of any off-tract improvement.

B. 

A "minor subdivision" shall be considered a major subdivision if the land which is the subject of the minor subdivision application has been granted minor subdivision approval within the three previous years and the previous and present subdivision of the original lot create more than three lots, unless the applicant can demonstrate a significant change in circumstances from the time of the previous subdivision.

[Amended 5-22-1989 by Ord. No. 1989-10]

OFF-TRACT
Not located on the property which is the subject of a development application nor on contiguous portions of a street or right-of-way.
ON-TRACT
Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
PERFORMANCE GUARANTY
Security which may be accepted in lieu of a requirement that certain improvements be made before the reviewing board approves a site plan or subdivision, including performance bonds, escrow agreements, cash and other similar collateral or surety agreements.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory stages of the design of a project illustrating in a schematic form, its scope, scale and relationship to its site and immediate environs.
REVIEWING BOARD
The Planning Board or Zoning Board of Adjustment, whichever Board has jurisdiction over the particular application.
SITE PLAN
A development plan of one or more lots on which is shown:
A. 

The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways;

B. 

The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices, as required by site plan detail sections of this chapter; and

C. 

Any other information that may be reasonably required in order to make an informed determination pursuant to an ordinance requiring review and approval of site plans by the Planning Board.

SUBDIVISION
The division of a lot, tract or parcel of and into two or more lots, tracts, parcels or any other division or for sale or development, as defined in N.J.S.A. 40:55D-7.

§ 231-2.1 Meeting with Initial Site Plan Review Committee.

[Added 8-18-2003 by Ord. No. 2003-7]
A. 

Any developer may request a meeting with the Initial Site Plan Review Committee for the purpose of an initial evaluation of his or her proposed concept for development, redevelopment, subdivision or land use.

B. 

The developer at any such meeting may bring his or her engineer, attorney or other professional for assistance in his or her presentation.

C. 

At such meeting, the Initial Site Plan Review Committee shall go over any Township Code requirements that may apply to the developer's concept for the purpose of facilitating the ultimate site plan review by the Planning Board.

D. 

Any such request must be in writing and accompanied by an escrow deposit of $1,000, billed against at the hourly rates of all applicable professionals, as posted by the Township Administrator.

§ 231-3 When site plan review required.

A. 

Site plan review and approval shall be required before any change of use or before any excavation, removal of soil, clearing of a site or placing of any fill on lands contemplated for development, and except as hereinafter provided, no building permit shall be issued for any building or use or reduction or enlargement in size or other alteration of any building or change in use of any building, including accessory structures, unless a site plan is first submitted and approved by the reviewing board, and no certificate of occupancy shall be given unless all construction and development conform to the plans as approved by the reviewing board.

B. 

Site plan approval shall not be required for any detached one- or two-dwelling-unit buildings or any uses accessory thereto, such as a private garage or storage shed incidental to residential uses; but this shall not limit the requirements for submission and approval or subdivision plats as otherwise required by municipal ordinances.

C. 

The reviewing board may waive site plan approval requirements if the construction or alteration or change of occupancy or use does not affect existing circulation, drainage, relationship of buildings to each other, landscaping, buffering, lighting and other considerations of site plan review.

§ 231-4 Review standards.

In reviewing any site plan, the board shall consider the following:

A. 

Pedestrian and vehicular traffic movement within and adjacent to the site shall be considered with particular emphasis on the provision and layout of parking areas, off-street loading and unloading and movement of people, goods and vehicles from access roads, within the site, between buildings and between buildings and vehicles. The Planning Board shall ensure that all parking spaces are usable and are safely and conveniently arranged. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site.

B. 

The design and layout of buildings and parking areas shall be reviewed so as to provide an aesthetically pleasing design and efficient arrangement. Particular attention shall be given to safety and fire protection, impact on surrounding development and contiguous and adjacent buildings and lands.

C. 

Adequate lighting shall be provided to ensure safe movement of persons and vehicles and for security purposes. Lighting standards shall be a type approved by the Planning Board. Directional lights shall be arranged so as to minimize glare reflection and ambient light on adjacent properties.

D. 

Buffering shall be located around the perimeter of the site to minimize headlights of vehicles, noise, light from structures and the movement of people and vehicles and to shield activities from adjacent properties when necessary. Buffering may consist of fencing, evergreens, shrubs, bushes, deciduous trees or combinations thereof to achieve the stated objectives.

E. 

Landscaping shall be provided as part of the overall site plan design and integrated into building arrangements, topography, parking and buffering requirements. Landscaping shall include trees, bushes, shrubs, ground cover, perennials, annuals, plants, sculpture, art and the use of building and paving materials in an imaginative manner.

F. 

Signs shall be designed so as to be aesthetically pleasing, harmonious with other signs on the site and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians.

G. 

Storm drainage, sanitary waste disposal, water supply and garbage disposal shall be reviewed and considered. Particular emphasis shall be given to the adequacy of existing systems and the need for improvements, both on-site and off-site, to adequately carry runoff and sewage and to maintain an adequate supply of water at sufficient pressure.

H. 

Garbage disposal shall be adequate to ensure freedom from vermin and rodent infestation. All disposal systems shall meet municipal specifications as to installation and construction.

I. 

Environmental elements relating to soil erosion, preservation of trees, protection of watercourses and resources, noise, topography, soil and animal life shall be reviewed and the design of the plan shall minimize any adverse impact on these elements.

J. 

Such other information as the reviewing board shall deem necessary in order for it to make a determination pursuant to statutes and ordinances.

§ 231-5 Planning Board approval required; submission requirements.

A. 

Pursuant to the provisions of Section 28, P.L. 1975, c. 291 (N.J.S.A. 40:55D-37), approval of subdivision plats by resolution of the Planning Board shall be required as a condition for the filing of such plats with the county recording officer. Approval of site plans by resolution of the Planning Board shall be required as a condition for the issuance of a building permit and certificate of occupancy for any development, except that subdivision or individual lot applications for detached one- or two-dwelling-unit buildings shall be exempt from such site plan review and approval, provided that the resolution of the Board of Adjustment shall substitute for that of the Planning Board whenever the Board of Adjustment has jurisdiction over a subdivision or site plan pursuant to applicable ordinances of the Township of Riverside.

B. 

Each application for subdivision approval, where required pursuant to Section 5 of P.L. 1968, c. 285,

Editor's Note: See N.J.S.A. 40:27-6.3.
and each application for site plan approval, where required pursuant to Section 8 of P.L. 1968, c. 285,
Editor's Note: See N.J.S.A. 40:27-6.6.
shall be submitted by the applicant to the County Planning Board for review and approval, as required by the aforesaid sections, and the approving authority shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

C. 

The applicant shall submit three copies of his complete application for subdivision, site plan or conditional use approval and 12 copies of the plan to the Secretary of the Planning Board no later than 14 days prior to the meeting. The time for the Board's review shall not begin to run until the submission of a complete application with the required fee. Unless the applicant is informed, in writing, by the Secretary of the Planning Board within 45 days of the actual submission of the application that it is incomplete, said application shall be deemed complete as of the date it was submitted.

D. 

A complete application for preliminary approval shall consist of the following:

(1) 

A properly completed site plan, subdivision and/or conditional use information form.

(2) 

The required fee, as set by the fee schedule adopted by the Planning Board.

(3) 

A site plan or subdivision plot plan on which the following is set out:

(a) 

Scale, between one inch equals 100 feet and one inch equals 20 feet, size of sheets not to exceed thirty-six by twenty-four (36 x 24) inches.

(b) 

Locator map showing all road intersection within 500 feet or the nearest intersection, whichever is most distant.

(c) 

All structures, wooded areas and topography with two-foot intervals, except where the slope exceeds 15%, in which case contour intervals may be five feet for those areas.

(d) 

All lot lines and owners of lots within 200 feet of the site.

(e) 

Streets, easements, watercourses and rights-of-way, both existing and proposed.

(f) 

Utility and drainage plans.

(g) 

Any extension of off-tract improvements necessitated by the proposed development.

(h) 

A soil erosion and sedimentation control plan, pursuant to the requirements of N.J.S.A. 4:24-39 et seq.

(i) 

In the case of a site plan, preliminary plans for elevations and locations of structures, parking, lighting, loading, signs and landscaping.

(j) 

Provisions for screening storage of materials or equipment attached or separate from buildings.

(k) 

All existing and proposed signs showing their size, nature of construction, height, area and direction of illumination, foot-candles produced and any time controls which are proposed.

(l) 

Proposed screening, green areas, landscaping and fencing, including size, type and number of plants and a planting schedule with planting details.

E. 

The Secretary of the Planning Board shall distribute the site plan, subdivision and/or conditional use application for review and report and, where required, approval as follows:

(1) 

The Township Administrator.

(2) 

The Municipal Engineer.

(3) 

The Municipal Utilities Authority.

(4) 

The Municipal Health Officer.

(5) 

The Municipal Fire Officer.

(6) 

The Planning Board Solicitor.

(7) 

The Zoning Enforcement Officer/Building Inspector.

§ 231-6 Final site plan filing requirements.

A. 

A complete application for final approval shall consist of the following:

(1) 

At least 12 copies of a final plan, together with three completed application forms for final approval, together with all other items hereinafter required shall be submitted to the Secretary 14 days prior to the meeting of the reviewing board at which consideration is required. If the applicant is not the record owner of title to the property which is the subject of the application, he shall file a written consent signed by the owner authorizing the application.

(2) 

The application shall be accompanied by the required fees calculated in accordance with provisions of the fee schedule adopted by the Planning Board.

(3) 

A site plan in final form, including all the information shown on the preliminary plan, condition of preliminary approval, plus the following:

(a) 

Final architectural plans and elevations.

(b) 

A letter containing a list of all items to be covered by a performance guaranty, the quantities of each item, the cost of them and the total amount of all items.

(c) 

A letter from the Township Engineer stating that any completed improvements have been installed to his specifications and its performance guaranty is adequate to cover the cost of any remaining improvements.

(d) 

A letter from the applicant's engineer stating that the final plan conforms to the preliminary plan as submitted and approved.

(4) 

In addition to the fees required above, the developer shall also pay all reasonably necessary inspection fees in connection with the construction of any improvements required under this chapter as may from time to time be established by resolution of the governing body. Such fee shall be paid to the Township Engineer or other inspecting official unless otherwise directed by the reviewing board.

(5) 

The developer may at his option submit a final site plan in stages to include only a portion of the original preliminary site plan. Approval of the final site plan for a section shall not extend the time limit of preliminary approval for the remaining sections.

B. 

The reviewing board shall ensure that any improvements required for the site plan as a whole, which might have an adverse effect on an approved section if the remaining sections were not completed, shall be installed as a condition of approval for any section. This shall include but not be limited to open space, recreation, soil and erosion control and similar improvements.

§ 231-7 Reservation of public areas.

A. 

Before approving a subdivision or site plan, the approving authority shall require that streets, public drainageways, flood control basins and public areas, designated for reservations 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 up to one year after the approval of the final plat or within such further 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.

B. 

Upon the submissions to the approving authority of an application for development showing development proposed for an area reserved on the Master Plan, the Secretary of the approving authority shall notify the Township Committee of Riverside, in writing, of such application and that the approving authority intends to grant approval for said development in the reserved area unless the Township Committee notifies the approving authority prior to the date for final approval that it intends to reserve the area in question and will provide compensation to the developer for such reservation. Said notice of intent to reserve shall be in the form of a resolution by the Township Committee. The Township Committee shall thereupon proceed either to reach an agreement with the developer as to the amount of compensation to be paid for such reservation or negotiate a purchase price for said reserved area. Upon the Township Committee arriving at the amount to be paid the developer by way of compensation for reservation or purchase, said amount shall be deposited in escrow for the benefit of the developer.

§ 231-8 Off-tract improvements.

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 and water, sewerage and drainage facilities and easements therefor located outside the property limits of the development but necessitated or required by construction or improvements within such development. The developer shall either install the improvements or contribute his pro rata share of the costs, at the option of the developer. 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. 

Contributions for off-tract, water, sewer, drainage and street improvements. Whenever an application for development requires off-tract, water, sewer, drainage, street, the developer, as a condition for approval of the subdivision or site plan, shall pay his pro rata share of the cost of providing reasonable and necessary street improvements, water, sewer, drainage facilities and easements therefor, located outside city limits of subdivision or development but necessary or required by construction or improvement within such subdivision or development based upon the circulation and comprehensive utilities service plan set forth in the Master Plan of the Township of Riverside. This standard for determining the pro rata amount or proportionate amount of the cost of such facilities that shall be borne by each developer or owner within a related or common area shall be fair and reasonable and shall not be altered before preliminary approval.

§ 231-9 Planning Board time limitations; waiver of requirements.

A. 

Upon the submission to the Secretary of the Planning Board of a complete application for a site plan for 10 acres of land or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for site plan approval also involves an application for relief pursuant to Chapter 64, Planning Board, the Planning Board shall grant or deny preliminary approval within 95 days of the date of the submission of a complete application to the Secretary of the Planning Board or within such further time as may be consented to by the applicant.

B. 

Upon the submission of a complete application for a site plan of more than 10 acres or for a conditional use approval, the Planning Board shall grant or deny preliminary approval of the site plan and/or approval of the conditional use within 95 days of the date of such submission or within such further time as may be consented to by the applicant.

C. 

Upon the submission to the Secretary of the Planning Board of a complete application for a subdivision of 10 or fewer lots, other than a minor subdivision as defined in § 231-2 of this chapter, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for subdivision approval also involves an application for relief, the Planning Board shall grant or deny preliminary approval within 95 days of the date of submission of a complete application to the Secretary of the Planning Board or within such further time as may be consented to by the applicant.

D. 

Upon the submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer.

E. 

Failure of the Planning Board to reach a decision within the specified time periods or extension thereof shall result in the approval of the subdivision and/or site plan and/or conditional use as submitted.

F. 

The Planning Board may waive site plan approval requirements if the construction or alteration or change of occupancy or use does not affect existing circulation, drainage, relationships of buildings to each other, landscaping, buffering, lighting and other considerations of site plan review.

G. 

If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The Planning Board shall, if the proposed development complies with this chapter, grant preliminary subdivision or site plan approval.

H. 

Nothing herein shall be construed to limit the right of a developer to submit a sketch plat to the Planning Board for informal review, and neither the Planning Board nor the developer shall be bound by any discussions or statements made during such review, provided that the right of the developer at any time to submit a complete application for subdivision or site plan approval shall not be limited by his submission of a sketch plat and the time for the Planning Board's decision shall not begin to run until the submission of a complete application.

§ 231-10 Public hearings.

A public hearing shall be held on all applications for site plan approval involving uses which, on the submitted complete application for preliminary approval, show four more off-street parking spaces. A public hearing is not required for all other site plan applications.

§ 231-11 Rights under preliminary approval.

A. 

Preliminary approval of a major subdivision or site plan, except as provided in Subsection D of this section, shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

(1) 

That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; and, in the case of a site plan, existing natural resources to be preserved on the site; vehicular and pedestrian circulation, parking and loading; screening, landscaping and location of structures; exterior lighting both for safety reasons and streetlighting; except that nothing herein shall be construed to prevent the Township from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety;

(2) 

That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary subdivision plat or site plan; and

(3) 

That the applicant may apply for and the reviewing board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.

B. 

In the case of a subdivision or site plan for an area of 50 acres or more, the reviewing board may grant the rights referred to in Subsection A(1), (2) and (3) above for such period of time, longer than three years, as shall be determined by the reviewing board to be reasonable, taking into consideration:

(1) 

The number of dwelling units and nonresidential floor area permissible under preliminary approval;

(2) 

Economic conditions; and

(3) 

The comprehensiveness of the development. The applicant may apply for thereafter and the reviewing board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the reviewing board to be reasonable, taking into consideration:

(a) 

The number of dwelling units and nonresidential floor area permissible under preliminary approval;

(b) 

The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval;

(c) 

Economic conditions; and

(d) 

The comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.

§ 231-12 Final approval of site plans and major subdivisions.

A. 

The reviewing board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the Map Filing Law, P.L. 1960, c. 141,

Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
provided that in the case of a planned development, the reviewing board may permit minimal deviation from the conditions of preliminary approval necessitated by change of condition beyond the control of the developer since the date of preliminary approval without the developer being required to submit another application for development for preliminary approval.

B. 

Final approval shall be granted or denied within 45 days after submission of a complete application to the Secretary of the approving authority or within such further time as may be consented to by the applicant. Failure of the approving authority to act within the period prescribed shall constitute final approval of the application for the final approval as submitted, and a certificate of the Secretary of the approving authority as to failure of the approving authority to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other required evidence of approval.

§ 231-13 Allowable exceptions; simultaneous review and approval.

A. 

The approving authority, 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 and approval of this chapter if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

B. 

The approving authority, when acting upon application 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 this chapter if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

C. 

The approving authority 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 approving authority or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, 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 hearing on the plat shall include reference to the request for such conditional use.

§ 231-14 Effect of final approval.

A. 

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 231-11 of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in § 231-17 of this chapter. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in § 231-17 of this chapter, the approving authority may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 231-17 of this chapter for the section granted final approval.

B. 

In the case of subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the approving authority may grant the rights referred to in § 231-11 of this chapter for such period of time, longer than two years, as shall be determined by the approving authority to be reasonable, taking into consideration:

(1) 

The number of dwelling units and nonresidential floor area permissible under final approval.

(2) 

Economic conditions.

(3) 

The comprehensiveness of the development. The developer may apply for thereafter and the reviewing board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the approving authority to be reasonable, taking into consideration:

(a) 

The number of dwelling units and nonresidential floor area permissible under final approval;

(b) 

The number of dwelling units and nonresidential floor area remaining to be developed;

(c) 

Economic conditions; and

(d) 

The comprehensiveness of the development.

§ 231-15 Required guaranties.

A. 

Before recording of final subdivision plats or as a condition of final site plan approval, the approving authority may require and shall accept in accordance with the standards adopted by this chapter for the purpose of assuring the installation and maintenance of on-tract improvements:

(1) 

The furnishing of a performance guaranty in favor of the Township in an amount not to exceed 120% of the cost of installation for improvements it may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers or other means of sewage sewers or other means of sewage disposal, drainage structure, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping, provided that no more than 10% of the total performance guaranty shall be required to be in cash, and the balance shall be in the form of a bond from a bonding company approved by the Township Committee. The Township Engineer shall review the improvements required by the approving authority which are to be bonded and itemize their cost. Said itemization shall be the basis for determining the amount of performance guaranty and maintenance guaranty required by the approving authority. The Township Engineer shall forward his estimate of the cost of improvements to the applicant within 30 days of the date of receipt of a request sent by certified mail for said estimate.

(2) 

The furnishing of a maintenance guaranty to be posted with the Township Committee for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of the improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required for such utilities or improvements.

B. 

The amount of any performance guaranty may be reduced by the Township Committee by resolution, when portions of the improvements have been certified by the Township Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be established by the Township Committee by resolution.

C. 

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.

D. 

When all of the required improvements have been completed, the obligor shall notify the Township Committee, 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 Committee, 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.

E. 

The Township Committee 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 said approving authority 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 the improvements not yet approved. Failure of the Township Committee 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.

F. 

If any portion of the required improvements are rejected, the approving authority 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.

G. 

The obligor shall reimburse the Township for all reasonable inspection fees paid the Township Engineer for the foregoing inspection of improvements.

§ 231-16 Minor subdivisions.

A. 

The Planning Board shall waive notice and public hearing for an application for development if the Board finds that the application for development conforms to the definition of "minor subdivisions" as set forth in this chapter. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board or said subcommittee may condition such approval on terms ensuring the provision of improvements as set forth in applicable ordinances.

B. 

Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Secretary of the Planning Board or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval, and a certificate of the Secretary of the Planning Board as to the failure of the Planning Board to act shall be issued on request of the applicant; and it shall be sufficient in lieu of the written endorsement of other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

C. 

Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, P.L. 1960, c. 141,

Editor's Note: See N.J.S.A. 46:23-9.9 et seq.
or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may accept a plat not in conformity with the Map Filing Law, provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform with the provisions of said act.

D. 

The zoning requirements and general terms andconditions, conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided herein.

§ 231-17 Filing of approved plats.

A. 

Final approval major subdivision shall expire 95 days from the date of signing of the plat unless within such period the 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.

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 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 posted the guaranties required pursuant to § 231-15 of this chapter.

§ 231-18 Penalties for sale prior to approval.

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.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

B. 

In addition to the foregoing, the Township may institute and maintain a civil action:

(1) 

For injunctive relief; and

(2) 

To set aside and invalidate any conveyance made pursuant to such a contract of sale.

§ 231-19 Certificates of approval.

A. 

The prospective purchases, prospective mortgages 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, 1979, may apply, in writing, to the Township Clerk for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning 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.

B. 

The Township Clerk 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:

(1) 

That there exists in the Township of Riverside a duly established Planning Board and that there is an ordinance controlling subdivision of land adopted under the authority of the Municipal Land Use Law of 1975, c. 291.

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

(2) 

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 subdivision of which the lands are a part is a validly existing subdivision.

D. 

The Township Clerk 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 54:5-15. The fees so collected by the Township Clerk shall be paid by him or her to the Township.

§ 231-20 Conformance required; revocation of permit.

Failure to comply with any of the conditions of site plan approval subsequent to the receipt of a building permit, zoning permit or certificate of occupancy, as the case may be, shall be grounds for the revocation of any building permit, zoning permit or certificate of occupancy, as the case may be. A written notice of revocation sent by certified mail by the Zoning Officer or Building Inspector, as the case may be, shall specify the conditions of site plan approval which have been violated, and such revocation shall effectively terminate the validity of any building permit, zoning permit or certificate of occupancy theretofore issued.

§ 231-21 Violations and penalties.

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

Any person, firm or corporation violating any provision of this chapter shall, upon conviction thereof before a court of competent jurisdiction, be subject to one or more of the following: a fine not exceeding $1,000; a term of imprisonment not exceeding 90 days; or a period of community service not exceeding 90 days.