[HISTORY: Adopted by the Mayor and Council
of the Borough of Folsom 11-28-1978 by Ord. No. 128. Amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any application filed with any permitting agency for any approval, authorization or permit which is a prerequisite to initiating development in the Borough except as provided in § 200-66A(2) of Chapter 200, Zoning.
[Amended 9-28-1989 by Ord. No. 223]
Calendar days.
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.
Any security, other than cash, which may be accepted by a
municipality for the maintenance of any improvement required by this
act.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any security, which may be accepted by a municipality, including
cash; provided that the municipality shall not require more than 10%
of the total performance guarantee in cash.
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
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.[1]
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways.
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,
screening devices; and
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.
[1]
Editor's Note: The definition of "reviewing
board," which previously followed this definition, was deleted 5-20-2004
by Ord. No. 9-2004.
[Amended 9-28-1989 by Ord. No. 223]
A.
Site plan review and approval shall be required before
any initiation of development, 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 Planning Board and no
certificate of occupancy shall be given unless all construction and
development conform to the plans as approved by the Planning Board.
B.
No person shall carry out any development within the
Borough of Folsom without obtaining approval from any approval agency
and without obtaining development approval in accordance with the
procedures set forth in this chapter.
In reviewing any site plan, the Planning Board
shall consider:
A.
Pedestrian and vehicular traffic movement within and
adjacent to the site with particular emphasis on the provision and
layout of parking areas, off-street loading and unloading, movement
of people, goods and vehicles from access roads, within the site,
between buildings and between buildings and vehicles.
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 and reflection on
adjacent properties.
D.
Buffering shall be located around the perimeter of
the site to minimize headlights on vehicles, noise, light from structures,
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 insure 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.
In the case of freestanding buildings or structures,
and depending upon site characteristics, consideration shall be given
to site positioning that either does not block a natural vista, provides
a desirable space enclosure or otherwise respects the established
lot siting or surrounding buildings or structures.
K.
In the use of building material, use of color and/or
textures, massing, fenestration, advertising features, and proposed
heights, every effort shall be made in the proposed building or structure
to relate these elements harmoniously to similar elements in surrounding
buildings or structures.
L.
Relation to surroundings.
(1)
Every effort shall be made to maintain the standards
outlined above for all accessory buildings, structures and site features,
however related to the major buildings or structures.
(2)
Special features. In the case of auto parking areas,
truck loading areas, utility buildings and structures, and similar
accessory areas and structures, special consideration shall be given
to the use of screen planting or similar screening methods, where
said special features are incongruous with the existing or contemplated
environment and for adjacent properties.
M.
Shading of adjacent properties by proposed buildings
is prohibited.
A.
Prior to any preliminary plan submissions to the Planning
Board, the applicant shall meet with the Zoning Officer in order to
promote a clear understanding of all applicable regulations and to
establish a workable processing schedule. At the time of such meeting,
the applicant shall submit two copies of a sketch plan and perimeter
survey.
(1)
In order to determine if all zoning regulations will
be met, the plan shall be based on Tax Map information at the scale
of not less than 50 feet to the inch, showing the entire tract on
one sheet and exhibiting adequate information to show the following:
(a)
Proper zone for use, block and lot numbers;
and acreage.
(b)
Parking area and planned number of spaces.
(c)
Building coverage in square feet and as a percent
of total area; acreage to nearest tenth of an acre.
(d)
Open space and recreation concepts, proposed
location and size of devoted land area.
(e)
Height of all proposed structures.
(f)
Density: number of dwellings per acre.
(g)
Yard requirements: as per zoning regulations.
(h)
Access roads and internal roads.
(i)
Certification of information accuracy by a licensed
surveyor, engineer, planner or architect.
(j)
Owner's, developer's and architect's or engineer's
name and address.
(k)
Plan for preservation of natural features.
(l)
Topographic and soil data.
(2)
The Zoning Officer shall, within five days, make a determination as to whether the site and building plan submission conforms to all aspects of Chapter 200, Zoning. If the plans do not conform to the provisions of Chapter 200, Zoning, in any respect, the Zoning Officer shall advise the applicant of same and further advise that a possible remedy for the applicant is a variance. Where a project is found to be in violation of any use provision of Chapter 200, Zoning, the applicant shall be referred to the Planning Board.[1]
B.
Any individual, partnership or corporation wishing
to submit plans to the Planning Board may submit to the Zoning Officer
five copies of a completed concept evaluation form, together with
five concept sketches of the proposed project. These sketches would
be in sufficient detail and scale so as to allow the Zoning Officer
and the Planning Board to determine the applicant's intent. Upon receipt
of these documents, the Zoning Officer shall notify the Secretary
of the Planning Board who shall then schedule meeting of the Site
Plan Review Committee within 30 days, and notify the applicant of
the time and place for the meeting. At the time of said meeting, the
applicant may present and discuss his concept, and the Site Plan Review
Committee shall offer its opinion as to whether the project is appropriate
to its surroundings and any recommended changes, additions or deletions
which might be appropriate. In no way shall the opinions or recommendations
of the Site Plan Review Committee be binding upon either the Planning
Board or governing body, and this fact is expressly called to the
applicant's attention.
C.
The applicant shall submit 12 copies of his complete application to the Secretary of the Planning Board. 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. Written notice shall be given by the Borough to the Pinelands Commission within seven days after a determination is made by the Borough that an application for development is complete or if a determination is made by the Borough approval agency that the application has been modified in accordance with § 200-66C(1) of Chapter 200, Zoning.
[Amended 9-28-1989 by Ord. No. 223]
(1)
A complete application for preliminary approval shall
also consist of the following:
(a)
A properly completed site plan information form.
(c)
The applicant shall prepare an environmental impact statement (EIS) as per § 170-25 of this chapter, and preliminary plans at a scale of one inch equals 50 feet or less.
(d)
All site plans shall include the following information
with respect to the subject lot or lots and shall be clearly and legibly
drawn or reproduced having been designed and drawn by a licensed engineer,
architect, or planner and shall comply with New Jersey law:
[1]
A key map, at a scale of one inch equals 2,000
feet, clearly showing the location of the development within the Borough
and in relation to major streets, water bodies and political boundaries
within the area.
[2]
The development name, Tax Map sheet, block and
lot numbers, North arrow and graphic scale, reference meridian, United
States Geological Survey datum, and the following names and addresses:
[3]
Acreage of tract to the nearest tenth of an
acre.
[4]
Contours at a two-foot interval maximum; contours
shall be referenced to USGS datum, extending 200 feet beyond the lot
lines where possible and necessary.
[5]
The location of existing property lines, streets
and street rights-of-way within 500 feet of the tract, and the following
details on the tract: buildings, watercourses and their extent, surface
elevation, depth, and their floodplains, railroads and their rights-of-way,
bridges, culverts, drainpipes, easements, utility lines both underground
and overhead, rock formations, wooded areas, isolated trees over five
inches in diameter and other natural features.
[6]
Profiles and typical cross sections of existing
streets abutting the subdivision indicating type and width of pavement,
curb location and sidewalk and shade tree planting strip locations.
[7]
All existing elements, including but not limited
to sidewalks, streets, paved areas, buildings, utilities, plant materials,
and drainage lines that are to be removed and/or demolished shall
be shown as part of the preliminary submission.
[8]
Soil Conservation Service soil classification.
(2)
The preliminary plans shall clearly and accurately
show the following which shall conform to the standards of this chapter
and of the county:
(a)
The location of all proposed property and building
setback lines.
(b)
The location and proposed cross sections and
center line profiles of all new streets and pedestrianways, including
sidewalks, cartways, street lines and planting area.
(c)
Site location of all proposed buildings and
parking lots and elevations of proposed buildings.
(d)
The location and extent of the intended development;
all easements, open space, historic sites, floodplain and specific
uses of recreation areas, including the extent and surface water elevation
and depth of all proposed lakes and ponds.
(e)
All proposed drainage structures are to be located
and all other information as required by the Borough relating to watercourses
and drainage ditches shall be included.
(f)
Plans for the preservation of all existing natural
features.
(g)
Plans for modification, addition, or any other
alteration to existing man-made features.
(h)
Legend indicating type of buildings, along with
an architectural elevation of each class of structure.
(i)
Location of all easements, fire hydrants, sizing
of water of water mains, sanitary sewers, storm drains and groundwater
underdrains; complete design criteria and calculations shall be included;
off-site conditions shall be covered; the provision for stormwater
retention as described in this chapter shall be complied with.
(j)
Proposed grading plan for the entire site.
(k)
A letter from the appropriate Utilities Authority
indicating its intention to provide water and sewer service for the
project.
(l)
A delineation of all proposed sections including
sequence and timing of development covering all of the gross acres
of the development.
(m)
Zoning, density, open space coverage by percentage,
building and paving coverage by percentage.
(n)
The following documentation shall accompany
the submission of the preliminary plan:
[1]
An application for tentative approval on such
form as shall be provided by the Borough Clerk/Municipal Administrator.
[2]
A copy of any protective covenant or deed restriction.
[3]
Applying to any land or building being subdivided
shall be submitted with the preliminary plan.
[4]
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1981, evidence of prior approval from the Pinelands Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations; and when prior approval for development has been granted by an approval agency, evidence of Pinelands Commission review pursuant to § 200-66E of Chapter 200, Zoning.
[Added 9-28-1989 by Ord. No. 223]
D.
Other agency approvals.
(1)
All applications for site plan approval shall be submitted
to the County Planning Board for its review and recommendations and,
where applicable, approval. Applicant shall furnish proof of such
submission at the time of the submission of his application to the
municipal Planning Board by presenting a copy of his site plan with
an indication from the county that it has been filed with it. Any
application for site approval shall not be deemed complete in the
absence of proof that it has been filed with the County Planning Board.
If the County Planning Board has failed to grant or deny approval
of the site plan at the time of preliminary approval of applicant's
application, such preliminary approval shall be conditioned on approval
of said site plan by the County Planning Board.
(2)
No application for site plan approval shall be deemed
complete in the absence of proof that a plan for soil erosion and
sedimentation control has been submitted to the relevant reviewing
authority, pursuant to the requirements of N.J.S.A. 4:24-39 et seq.,
or proof that such a plan is not required by said statute for the
particular application. If the reviewing authority has failed to grant
or deny certification of the erosion plan at the time of preliminary
approval of applicant's site plan, preliminary approval shall be conditioned
on certification of applicant's erosion plan.
The Secretary of the Planning Board shall distribute
the site plan application for review and report, and approval where
required, as follows:
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
a relief pursuant to N.J.S.A. 40:55D-60, 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, 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 applicant.
C.
Upon the submission to the Secretary of the Planning
Board of a complete application for site plan approval pursuant to
N.J.S.A. 40:55D-76b, the Planning Board shall grant or deny preliminary
approval of the application within 120 days of the date of such submission
or within such further time as may be consented to by the applicant.
D.
Failure of the Planning Board to reach a decision
within the specified time periods or extensions thereof shall result
in the approval of the site plan as submitted.
E.
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 site plan
approval.
F.
Nothing herein shall be construed to limit the right
of developer to submit a sketch plan 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 site plan approval shall not be limited by his submittal of a
sketch plan, and the time for the Planning Board's decision shall
not begin to run until the submission of a complete application.
G.
The Pinelands Commission shall be notified of all approvals and denials of development in accordance with § 200-66D(3) of Chapter 200, Zoning.
[Added 9-28-1989 by Ord. No. 223]
[Amended 9-28-1989 by Ord. No. 223]
A public hearing shall be held on all applications for site plan approval involving uses which, on the submitted complete application, show five or more off-street parking spaces. A public hearing is not required for all other site plan applications. The Pinelands Commission shall be notified of all hearings on applications for development in accordance with § 200-66D(2) of Chapter 200, Zoning.
The Planning 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 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.
Preliminary approval of a 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:
A.
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;
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 municipality
from modifying by ordinance such general terms and conditions of preliminary
approval as related to the public health and safety.
B.
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 site plan.
C.
That the applicant may apply for and the Planning
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.
D.
In the case of a site plan for an area of 50 acres or more, the Planning Board may grant the rights referred to in Subsections A, B and C above for such period of time, longer than three years, as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions, and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development; provided that, if the design standards have been revised by ordinance, such revised standards may govern.
A.
The Planning Board shall grant final approval if the
detailed drawings, specifications and estimates of the application
for final approval conform to the standards established by ordinance
for final approval and the conditions of preliminary approval; provided
that, in the case of a planned development, the reviewing body may
permit minimal deviations from the conditions of preliminary approval
necessitated by change of conditions 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 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 final approval of the application for final approval as submitted, and a certificate of the Secretary of the Planning Board as to 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 or other required evidence of approval. The Pinelands Commission shall be notified of all approvals and denials of development in accordance with § 200-66D(3) of Chapter 200, Zoning.
[Amended 9-28-1989 by Ord. No. 223]
C.
A complete application for final approval shall consist
of the following:
(1)
A properly completed final site plan approval form;
(2)
The required fee;
(3)
The applicant shall review the plans to reflect all
conditions of approval and it shall be reviewed for compliance by
the Borough Engineer and the Borough's planning consultants. The final
plans shall be refinement of the preliminary plan and shall meet all
of the requirements thereof. These refinements shall include, but
not be limited to:
(a)
Tract boundary lines, right-of-way lines of
streets, street names, easements and other rights-of-way, land to
be reserved or dedicated to public use; all property lines with accurate
dimensions, bearing or deflections angles, radii, arcs, and central
angles of all curves.
(b)
Location and description of all monuments.
(c)
Any revision to the preliminary utility system
shall be accompanied by calculations and easements. All other items
shall be covered by the preliminary plan.
(d)
Location, size and elevations of curbs, parking
lots, etc.
(e)
A landscape plan showing area and general types
of existing and proposed plantings.
(f)
The following documentation shall accompany
the final plan:
[1]
Certification from the Tax Collector that all
taxes are paid to date and that any local improvement assessments
against the tract being developed have been paid in full or that any
local improvement assessments have been paid to date.
[2]
Written report from the Borough Engineer stating:
[a]
That all improvements, as indicated
on the final plan, are in conformance with the proposals of the approved
preliminary plan.
[b]
That he is in receipt of a plan
of improvement showing all utilities in exact location and elevation;
identifying those to be installed; and that the applicant has complied
with one or both of the following: installed all improvements in accordance
with the requirements of these regulations; or a performance guarantee
has been posted with the Borough Clerk/Municipal Administrator in
sufficient amount to assure the completion of all required improvements
within a twenty-four-month period.
[c]
In those instances where improvements
have been installed, the Engineer has received proper as-built drawings.
[d]
Certification by the Borough Engineer
of compliance with sediment and erosion control methods.
[e]
Copies of all supplemental agreements
between the applicant, and any and all agencies or bodies of the Borough
shall be presented.
[3]
Other conditions for approval:
[a]
When final approval is requested
for an area which is less than the full area for which tentative approval
was given, the applicant shall submit a key map at a scale of no less
than one inch equals 200 feet which clearly and accurately shows the
entire development for which tentative approval was granted, including
all proposed streets and property lines, and that portion for which
final approval is being requested.
[b]
Where the proposals for any required
improvements differ from the proposals shown on the preliminary plan,
complete plans and profiles with drawing revisions listed shall be
submitted in sufficient detail to meet the requirements of the Borough
Engineer.
[c]
Test borings as may be required
by the Borough Engineer.
[4]
A certificate of filing from the Pinelands Commission issued pursuant to N.J.A.C. 7:50-4.34 or, until January 14, 1991, evidence of prior approval from the Pineland Development Review Board or the Pinelands Commission pursuant to the Interim Rules and Regulations; and when prior approval for the development has been granted by an approval agency, evidence of Pinelands Commission review pursuant to § 200-66E of Chapter 200, Zoning.
[Added 9-28-1989 by Ord. No. 223]
A.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 170-6 of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the Planning Board 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 § 170-9 of this chapter for the section granted final approval.
[Amended 5-20-2004 by Ord. No. 9-2004]
B.
In the case of a site plan for a planned development of 50 acres or more or conventional site plan for 150 acres or more, the Planning Board may grant the rights referred to in Subsection A of this section for such period of time, longer than two years, as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
[Amended 5-20-2004 by Ord. No. 9-2004; 9-11-2018 by Ord. No. 06-2018]
A.
Before the filing of final subdivision plats or recording of minor
subdivision deeds or as a condition of final site plan approval or
as a condition to the issuance of a zoning permit, the Borough shall
require a performance guarantee for the purpose of assuring the installation
of certain on-tract improvements. The Borough may require up to 10%
of the performance guarantee in cash. The developer has the option
to post more than 10% in cash or any portion of a required maintenance
guarantee in cash.
B.
Types of performance guarantees required.
(1)
Site improvement guarantee. A guarantee in favor of the Borough in
an amount not to exceed 120% of the cost of installation of only those
improvements required by an approval or developer's agreement, ordinance,
or regulation to be dedicated to a public entity, and that have not
yet been installed, which cost shall be determined by the Borough
Engineer, according to the method of calculation set forth in Section
15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4), for the following
improvements as shown on the approved plans or plat: streets, pavement,
gutters, curbs, sidewalks, streetlighting, street 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.; repealed by Section
2 of P.L. 2011, c. 217) or N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8,
water mains, sanitary sewers, community septic systems, drainage structures,
public improvements of open space, and any grading necessitated by
the preceding improvements. The Borough Engineer shall prepare an
itemized cost estimate of the improvements covered by the performance
guarantee, which itemized cost estimate shall be appended to each
performance guarantee posted by the developer. 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
guarantee to another governmental agency, no performance guarantee,
as the case may be, shall be required by the Borough for such utilities
or improvements.
(2)
Perimeter buffer landscaping guarantee. A guarantee in favor of the
Borough to include, within an approved phase or section of a development,
privately owned perimeter buffer landscaping, as required by site
plan approval or imposed as a condition of approval. At the developer's
option, a separate performance guarantee may be posted for the privately
owned perimeter buffer landscaping.
(3)
Temporary certificate of occupancy guarantee. In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to as a "temporary certificate of occupancy guarantee," in favor of the Borough in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee, required pursuant to Subsection B(1) of this section, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Borough Engineer. At no time may the Borough hold more than one guarantee of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the Borough Engineer upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.
(4)
Safety and stabilization guarantee.
(a)
A developer shall furnish to the Borough a safety and stabilization guarantee, in favor of the Borough. At the developer's option, a safety and stabilization guarantee may be furnished either as a separate guarantee or as a line item of the site improvement performance guarantee referenced in Subsection B(1) of this section. A safety and stabilization guarantee shall be available to the Borough solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:
[1]
Site disturbance has commenced and, thereafter, all work on
the development has ceased for a period of at least 60 consecutive
days following such commencement for reasons other than force majeure;
and
[2]
Work has not recommenced within 30 days following the provision
of written notice by the Borough to the developer of the Borough's
intent to claim payment under the guarantee. The Borough shall not
provide notice of its intent to claim payment under a safety and stabilization
guarantee until a period of at least 60 days has elapsed during which
all work on the development has ceased for reasons other than force
majeure. The Borough shall provide written notice to a developer by
certified mail or other form of delivery providing evidence of receipt
of the notice.
(b)
The amount of a safety and stabilization guarantee for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000.
(c)
The amount of a safety and stabilization guarantee for a development
with bonded improvements exceeding $100,000 shall be calculated as
a percentage of the bonded improvement costs of the development or
phase of development as follows: $5,000 for the first $100,000 of
bonded improvement costs, plus 2.5% of bonded improvement costs in
excess of $100,000 up to $1,000,000, plus 1% of bonded improvement
costs in excess of $1,000,000.
(d)
The Borough shall release a separate safety and stabilization
guarantee to a developer upon the developer's furnishing of a performance
guarantee which includes a line item for safety and stabilization
in the amount required under this subsection.
(e)
The Borough shall release a safety and stabilization guarantee
upon the Borough Engineer's determination that the development of
the project site has reached a point that the improvements installed
are adequate to avoid any potential threat to public safety.
C.
Types of maintenance guarantees required.
(1)
Site improvement maintenance guarantee. Prior to the release of a site improvement or perimeter buffer landscaping performance guarantee described in Subsection B, the developer shall post a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released. The Borough may not require any portion of the maintenance guarantee to be posted in cash, but the developer has the option to post the maintenance guarantee in cash.
(2)
Stormwater management maintenance guarantee. Upon the inspection
and issuance of final approval by the Borough Engineer of the following
private site improvements, a separate maintenance guarantee in an
amount not to exceed 15% of the cost of the installation of the following
private site improvements related to the stormwater management for
the project: stormwater management basins, inflow and water quality
structures within the basins, and the outflow pipes and structures
of the stormwater management system.
(3)
The term of all maintenance guarantees shall be for a period of two
years and shall automatically expire at the end of the two-year period.
D.
Procedures for reduction of performance guarantees.
(1)
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the Borough Council in writing, by certified mail addressed in care of the Borough Clerk, that the Borough Engineer prepare, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection B of this section, a list of all uncompleted or unsatisfactory completed bonded improvements. If such a request is made, the obligor shall send a copy of the request to the Borough Engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon, the Borough Engineer shall inspect all bonded improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Borough Council and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
(2)
The list prepared by the Borough Engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed bonded improvement determined to be unsatisfactory. The report prepared by the Borough Engineer shall identify each bonded improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory bonded improvement, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection B of this section.
(3)
The Borough Council, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Borough Engineer, or reject any or all of these bonded improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection B of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Borough Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the total performance guarantee and safety and stabilization guarantee posted may be retained to ensure completion and acceptability of all improvements. The safety and stabilization guarantee shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction.
(4)
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection B of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the Borough may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the Borough below 30%.
(5)
In the event that the obligor has made a cash deposit with the Borough
as part of the performance guarantee, then any partial reduction granted
in the performance guarantee pursuant to this subsection shall be
applied to the cash deposit in the same proportion as the original
cash deposit bears to the full amount of the performance guarantee,
provided that if the developer has furnished a safety and stabilization
guarantee, the Borough may retain cash equal to the amount of the
remaining safety and stabilization guarantee.
(6)
If any portion of the required bonded improvements is rejected, the
Borough Council may require the obligor to complete or correct such
improvements, and upon completion or correction, the same procedure
of notification as set forth in this section shall be followed.
(7)
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
Borough Council or Borough Engineer.
E.
Payments to Borough professionals.
(1)
The developer obligor shall reimburse the Borough for reasonable inspection fees paid to all Borough professionals, including, but not limited to, the Borough Engineer, providing services on the project related to the inspection of improvements, which fees shall not exceed the sum of the amounts set forth in Subsection E(1)(a) and (b) of this section. The Borough may require the developer to post the inspection fees in escrow in an amount:
(a)
Not to exceed, except for extraordinary circumstances, the greater
of $500 or 5% of the cost of bonded improvements that are subject
to a performance guarantee under this section; and
(b)
Not to exceed 5% of the cost of private site improvements that
are not subject to a performance guarantee under this section, which
cost shall be determined pursuant to Section 15 of P.L. 1991, c. 256
(N.J.S.A.40:55D-53.4).
(2)
For those developments for which the inspection fees total less than
$10,000, fees may, at the option of the developer, be paid in two
installments. The initial amount deposited in escrow by a developer
shall be 50% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Borough Engineer
for inspections, the developer shall deposit the remaining 50% of
the inspection fees.
(3)
For those developments for which the inspection fees total $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited in escrow by a developer
shall be 25% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Borough Engineer
for inspection, the developer shall make additional deposits of 25%
of the inspection fees.
(4)
If the Borough determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection E(1)(a) and (b) of this section, is insufficient to cover the cost of additional required inspections, the Borough may require the developer to deposit additional funds in escrow, provided that the Borough delivers to the developer a written inspection escrow deposit request, signed by the Borough Engineer, which: informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
F.
Other requirements.
(1)
In the event that final approval is by stages or sections of development
pursuant to Subsection a of Section 29 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-38), the provisions of this section shall be applied by stage
or section.
(2)
To the extent that any of the improvements have been dedicated to the Borough on the subdivision plat or site plan, the Borough Council shall be deemed, upon the release of any performance guarantee required pursuant to Subsection B of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Borough Engineer.
(3)
All guarantees shall be approved as to form by the Borough Solicitor.
The developer shall pay for all reasonable fees associated with the
review by the Borough Solicitor.
(4)
A performance guarantee shall run for a period to be fixed by the
Planning Board at the time of approval of a final plat, but in no
case for a term of more than two years. However, with the consent
of the owner and the surety, if there is one, the Borough Council
may, by resolution, extend the term of such performance guarantee
for an additional period not to exceed three years. As a condition
or as part of any such extension, the amount of any performance guarantee
shall be increased or reduced, as the case may be, to an amount not
to exceed 120% of the cost of the installation, which cost shall be
determined by the Borough Engineer according to the method of calculation
set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4)
as of the time of the passage of the resolution.
(5)
If the required improvements have not been installed in accordance
with the performance guarantee, the obligor and surety shall be liable
thereon to the Borough of Folsom for the reasonable cost of the improvements
not installed, and, upon the receipt of the proceeds of the performance
guarantee, the Borough of Folsom shall install such improvements.
Such completion or correction of improvements shall be subject to
the public bidding requirements of the Local Public Contracts Law,
P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.). The developer and/or
obligor and surety shall also pay for all reasonable inspection fees
in addition to all required improvements.
(6)
It shall be expressly understood that, notwithstanding the posting
of any performance guarantees for a lot in a major subdivision, no
certificate of occupancy shall be issued until the developer or subdivider
shall have installed the road subbase, road base, curbs, gutters and
first course paving and until the underground utilities, such as sewer,
water, gas, storm drainage lines, electric, telephone and cable television,
and all other underground work shall have been duly and properly installed
as required by the Planning Board and/or the Borough of Folsom Code.
No occupancy permit shall be issued until the developer shall have
entered into an agreement with the Borough to permit municipal forces
to enter upon the streets of the subdivision prior to final acceptance
of said streets for the purpose of rendering such Borough services
such as fire and police protection, snow removal, trash collection
and any other service as may be deemed necessary for the health, safety
and welfare of the residents. No occupancy certificates shall be granted
for the final two dwellings until the finished road surface has been
installed pursuant to Borough and Borough Engineering specifications
and until all other improvements and conditions as may be required
by the Planning Board, the Building Subcode Official and the Plumbing
Official have been properly installed. Certification that all requirements
are met must be provided in writing by the Borough Engineer or other
designated administrative officer[1] prior to the issuance of such certificate of occupancy.
The design of any subdivision shall conform
to the principles of land subdivision as set forth in the Master Plan,
when completed, Official Map and ordinances of the Borough of Folsom
and will be such as will encourage good development patterns within
the Borough of Folsom and enhance the public welfare.
A.
Right-of-way widths.
(1)
All streets within and servicing a subdivision shall
be classified and have minimum right-of-way widths measured from lot
line to lot line as follows:
|
Street Classification
|
Minimum Right-of-Way Width
|
|---|---|
|
Arterial
|
120 feet
|
|
Major
|
80 feet
|
|
Collector
|
60 feet (pavement width 44 feet)
|
|
Minor
|
50 feet (pavement width 36 feet)
|
|
Marginal access
Cul-de-sac and loop streets of less than 1,200
feet in length
|
50 feet (pavement width 30 feet)
|
(2)
Internal roads and alleys in multifamily, commercial
and industrial development shall be determined by the Board on an
individual basis to safely accommodate the maximum anticipated traffic,
parking, loading and access for fire-fighting equipment.
B.
The arrangement of streets not shown on the Master
Plan or Official Map shall be so coordinated as to provide for the
appropriate extension of existing streets, to accommodate prospective
traffic and to provide access for fire-fighting and emergency equipment.
C.
Reserve strips denying or controlling access thereto
from abutting lands are not permitted except where control or ownership
of such strips is vested in the Borough of Folsom for future street
or road purposes or where reverse frontage is provided and tree planting,
noise abatement or other buffer zones are established and such lots
or lands do not require direct access.
D.
Minor streets shall be so designed as to discourage
through traffic.
E.
Subdivisions abutting arterial streets shall provide
either a marginal access service road, reverse frontage with a planted
buffer strip, or an additional lane for acceleration and deceleration
along the entire frontage of the subdivision to prevent direct turning
movements on to or from arterial streets, as determined by the Board
to be appropriate.
F.
Subdivisions that adjoin or include existing streets
that do not conform to widths shown on the Master Plan or Official
Map or as required by this chapter shall dedicate additional width
along either one or both sides of said street. If the subdivision
is along one side only, 1/2 of the required extra width shall be dedicated.
G.
Dead-end streets (culs-de-sac) shall not exceed 600
feet in length and shall provide a turnaround at the end with a radius
of not less than 50 feet at the curbline and tangent whenever possible
to the right side of the street. If a dead-end street is of a temporary
nature, a turnaround shall be provided with a fifty-foot radius tangent
to the right side of the street and provision shall be made for future
extension of the street and reversion of the excess right-of-way to
the adjoining properties.
H.
No street shall have a name which will duplicate or
so nearly duplicate as to be confused with the names of existing streets
or places within the Borough of Folsom.
I.
Grades of arterial and collector streets shall not
exceed 4%. Grades on other streets shall not exceed 10%. No street
shall have a grade of less than 1/2 of 1%.
J.
All changes in grade shall be connected by vertical
curves of sufficient radius to provide a smooth transition and proper
sight distance.
K.
A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
A.
Angle at intersections. Streets or roads connecting
with any road in the Borough shall be at right angles in the case
of arterials and collectors. All other streets shall be at right angles
wherever possible, but not less than 60° (measured at the center
line of street or road). The block corner at intersections shall be
rounded at the curbline with a curve having a radius of not less than
20 feet. Access road connections shall be at the safest possible angle
as determined by the Borough Engineer.
B.
Spacing. Two new streets connecting with existing
Borough streets shall be required for a subdivision or development
where frontages in excess of 800 feet are present. Streets shall connect
with same side of a Borough street at intervals of 600 feet, unless
waived to increase safety by the specific recommendation of the Borough
Engineer. In determining the spacing of streets, consideration shall
be given to the intersections on all sides of the development. If
possible, streets which connect with the existing road system from
opposite sides of a Borough road shall not be offset; they shall be
separated by at least 200 feet between their center lines.
C.
Grading. The minimum practical grade as established
by the Borough Engineer to effect safe stopping under icing conditions
shall be maintained on streets connecting with existing streets at
their approaches to the intersection. Grades shall be designed to
direct surface drainage away from the existing streets unless intercepting
underground drainage facilities are provided to prevent flow of water
over the street surfaces.
The subdivider shall make provisions for filling
in all stormwater pockets, holes or areas in which stormwater may
collect in conformance with the lot grading plan.
The land subject to flooding and land deemed
by the Planning Board to be uninhabitable shall not be platted for
residential construction or occupancy in accordance with N.J.S.A.
58:16A-50 et seq., nor for such other uses as may increase danger
to health, life or property, or aggravate the flood hazard. However,
such land within the plat may be set aside for such uses as will not
be endangered by periodic or occasional inundation, or will not produce
unsatisfactory living conditions.
A.
No subdivision shall be named or designated in such
a manner as to indicate that the subdivision is of a waterfront or
lakefront character if the lands in question are not capable of waterfront
or lakefront development.
B.
Lakes or ponds to be shown on a subdivision plan shall
have sufficient source of supply and runoff to prevent drying up and
stagnation.
C.
Creation of lakes or ponds shall be accomplished in
a manner acceptable to and approved by the Planning Board and the
Department of Environmental Protection.
No trees, brush or debris shall be used as land
fill or in lieu thereof, nor shall any land filling operation be performed
in such a manner as to cover unremoved trees and debris on any streets,
lots or otherwise.
[Amended 9-28-1989 by Ord. No. 223]
No development, except for those uses which are specifically authorized in § 200-42A of Chapter 200, Zoning, shall be permitted in a wetland or within 300 feet of any wetland unless the applicant has demonstrated that the proposed development will not result in a significant adverse impact on the wetland, as set forth in § 200-42B of Chapter 200, Zoning.
A.
All streets or roads which are designed to become
part of the street or road system of the Borough of Folsom as shown
on the preliminary and final plans shall be coterminous with adjoining
links to said system. The street pattern shall provide for connections
to surrounding property to interlink future residential streets.
B.
Dead-end streets shall be avoided wherever possible.
If their use is unavoidable, all such streets and roads serving several
otherwise isolated lots where necessary, in the opinion of the Borough
Engineer and the Planning Board, shall have a circular turning space
at the end with a minimum radius of 50 feet at the curbline, and if
sidewalks need to be provided for, the overall minimum radius of the
right-of-way shall be 60 feet. Where future street extensions result
in a dead-end street, the road surface may be paved full width of
the right-of-way for temporary turning movements if required by the
Borough Engineer.
A.
Easements along side or rear property lines or elsewhere
for utility installation and maintenance or for access to a public
use area or facility may be required. Such easements shall be at least
25 feet wide and located in consultation with the companies or municipal
departments concerned. All such easements shall be approved by the
Board.
B.
Where a subdivision is traversed by a watercourse,
drainageway, channel or street, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially with the
lines of such watercourse, and such further width or construction,
or both, as will be adequate for the purpose and shall conform to
comprehensive plans for these facilities in the Borough, if such exists
or should hereafter be adopted.
C.
Natural features such as trees, brooks, hilltops and
views shall be preserved whenever possible in designing any subdivision
containing such features.
A.
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lot required in the area by Chapter 200, Zoning, and to provide for convenient access, circulation control and safety of street traffic but in no case shall be less than 400 feet nor more than 1,200 feet in length.
B.
Pedestrian crosswalks may be required in locations
deemed necessary by the Planning Board in order to provide access
to schools, recreation areas, shopping facilities, transportation
facilities, churches and other community facilities. Such walkway
shall be 10 feet wide and shall provide a visual connection from street
to street.
C.
For commercial, group housing or industrial use, block
size shall be sufficient to meet all area and yard requirements for
such use.
B.
Side lot lines shall be substantially at right angles
to straight street lines and radial to curved street lines.
C.
Each lot must front upon an accepted street at least
50 feet in width.
D.
Where extra width has been dedicated for widening
of existing streets, lots shall begin at such new street line, and
all setbacks shall be measured from such line.
E.
Where there is a question as to the suitability of
a lot or lots for their intended use due to factors such as rock formations,
topography, internal drainage, flood conditions or similar circumstances,
the Board may, after adequate investigation, withhold approval of
such lots. The Board may require certification by a professional engineer,
substantiated with soil borings, that the soil has sufficient bearing
capacity for building foundations.
A.
An environmental impact statement (EIS) is required
in standard site plans where the project involves 10 dwelling units
or more, 20 or more parking spaces, or involves the demolition of
existing buildings. The purpose of this EIS is to disclose the environmental
consequences of a proposed action by an applicant. This requirement
is made in order to protect the historic and natural environment with
respect to water quality, water supply, soil erosion, pollution of
all kinds, flooding and waste disposal. The intent is to preserve
trees and vegetation, to protect water sources, air resources and
aquifers and the historic heritage of the Borough, as far as is reasonably
possible, consistent with the zoning of the tract.
B.
Environmental impact statement shall include a response
to the following items pertaining to a proposed development (said
proposal shall be consistent with all other standards included in
this chapter):
(2)
Surface waters.
(7)
Sewage disposal system.
(a)
Sewage disposal system (if on site, description
and location on the site of system).
(b)
Expected content of the sewage effluents (human
waste, pesticides, detergents, oils, heavy metals, other chemicals).
(c)
Expected daily volumes of sewage.
(d)
Affected sewage treatment plant's present capacity
and authorized capacity.
(11)
Impact of proposed development.
(a)
Existing plant species and habitat classification
with effects thereon.
(b)
Existing animal species and effects thereon.
(c)
Existing wildfowl and other birds and effects
thereon.
(d)
Effects on drainage and runoff.
(e)
Effects on groundwater quality.
(f)
Effects on situation of surface waters.
(g)
Effects on surface water quality.
(h)
Effects on air quality.
(i)
Alternatives to proposed development, consistent
with the zoning of the tract.
(j)
Effects on sites of historic significance.
(12)
Critical impact areas. (In addition to the above,
plans should include any area, condition, or feature, which is environmentally
sensitive, or which if disturbed during construction would adversely
affect the environment.)
(a)
Critical impact areas include, but are not limited
to, stream corridors, streams, wetlands, estuaries, slopes greater
than 15%, highly acid or highly erodible soils, areas of high water
table, and mature stands of native vegetation aquifer recharge and
discharge areas.
(b)
A statement of impact upon critical areas and
of adverse impacts which cannot be avoided.
(c)
Environmental protective measures, procedures
and schedules to minimize damage to critical impact areas during and
after construction.
(d)
A list of all licenses, permits and other approvals
required by municipal, county or state law and the status of each.
(e)
A listing of steps proposed to minimize environmental
damage to the site and region during construction and operation.
(13)
Traffic and parking.
(a)
Existing daily traffic volumes on all streets
within four blocks of the proposed site.
(b)
Existing traffic-carrying capacity of all streets
within four blocks of the site.
(c)
Available public parking within four blocks
of the site (include public parking lots and legal on-street parking).
(d)
Show traffic volumes to be generated by the
proposed project.
(e)
A description of the proposed routes for deliveries
of materials and equipment to be used in connection with the construction
of the proposed buildings or structures.
(14)
Land use and density.
(a)
Show the total number of dwelling units on each
block within a two-block radius (show motel units as a separate count).
(b)
Show the location of any residential structures
within a two-block radius which contain 10 or more dwelling units
(include motels as a separate category).
(c)
Show on a block-by-block basis within a two-block
radius the net density (dwelling units per acre).
(d)
Show the change in density in the immediate
and surrounding blocks attributable to the proposed project.
(e)
Show the location of the nearest shopping area.
(16)
A listing of adverse environmental impacts which
cannot be avoided, including:
(a)
Water quality.
(b)
Air quality.
(c)
Noise.
(d)
Undesirable land use patterns.
(e)
Damage to or destruction of significant plant
or wild life systems.
(f)
Aesthetic values.
(g)
Destruction of natural resources.
(h)
Displacement of viable farms.
(i)
Destruction of man-made resources.
(j)
Disruption of desirable community and regional
growth.
(k)
Health, safety and well-being of the public.
(17)
Each EIS shall have on its cover page the following
which shall be filled in by the individual responsible for its preparation:
|
PROJECT NAME:
|
LOCATION:
| |
|
PREPARED BY:
(licensed professional architect, engineer or
planner)
|
SEAL:
| |
|
DATE SUBMITTED:
| ||
The statement shall include:
A.
The reason for the project.
B.
An inventory of existing environmental conditions
at the project site and in the surrounding region, which shall describe:
(1)
Air quality;
(2)
Water quality;
(3)
Water supply;
(4)
Soil type(s);
(5)
Topography;
(6)
Vegetation;
(7)
Wildlife;
(8)
Aquatic organisms (if any);
(9)
Ecology;
(10)
Present population density;
(11)
Land use (present);
(12)
Aesthetics;
(13)
History (if applicable);
(14)
Archaeology (if applicable);
C.
If there is to be development, a project description
which shall specify what is to be done and how it is to be done, during
construction and operation.
D.
A listing of all licenses, permits or other approvals
as required by law and the status of each.
E.
An assessment of the probable impact of the development upon all topics described in Subsection B.
F.
A listing of adverse environmental impacts which cannot
be avoided, including:
(1)
Water quality;
(2)
Air quality;
(3)
Noise;
(4)
Undesirable land use patterns;
(5)
Damage to or destruction of significant plant or wild
life systems;
(6)
Aesthetic values;
(7)
Destruction of natural resources;
(8)
Displacement of viable farms;
(9)
Destruction of man-made resources;
(10)
Disruption of desirable community and regional
growth;
(11)
Health, safety and well-being of the public.
[Amended 2-9-1984 by Ord. No. 167; 4-12-1984 by Ord. No.
168; 8-9-1984 by Ord. No. 173; 6-11-1998 by Ord. No. 216A]
The following schedule of fees and escrows is
established:
A.
The applicant, at the time of filing a submission
to the Planning Board, shall pay to the Borough of Folsom the required
application fees and escrows. The application fees are nonrefundable.
The escrows will be paid to the Borough and are held to cover the
costs of Board professional services, administrative cost, and other
expenses.[1]
B.
The required escrows are estimates, and the actual
amounts needed may be less than or more than the amounts indicated.
Any escrow funds not used will be returned to the applicant at the
conclusion of the matter without interest. If the escrow funds are
substantially depleted before the conclusion of the matter, the applicant
will be required to post additional funds in order to return the escrows
to the original required amounts and to have the matter proceed.
C.
If at the conclusion of the matter there are not sufficient
escrow funds to cover all costs of the Borough, a bill for such deficiency
will be submitted to the applicant and will be paid immediately. In
the event it is necessary for the Borough to file suit to collect
any unpaid costs, the applicant will be responsible for all costs
of collection, including reasonable attorney's fees. The Borough may
enforce payment by the withholding of building permits or certificates
of occupancy.
D.
Where one submission includes more than one application
or request for relief, or where preliminary and final approval is
sought simultaneously, the applicant shall be responsible for payment
of the sum of all of the individually required fees and escrows. The
Board may, however, waive any portion of the required escrows where
it appears reasonably likely that the full amount normally required
would not be necessary. The applicant would not be relieved of the
obligation to post the full required escrow amounts should the Board
subsequently determine it necessary. Also, the applicant would still
remain responsible for paying the actual amount of Board expenses
and costs.
E.
Application fee and escrow amounts.
[Amended 11-9-2005 by Ord. No. 17-2005]
|
Category
|
Application
|
Escrow
| |||
|---|---|---|---|---|---|
|
Minor subdivision
|
$150 plus $20 per lot
|
$500
| |||
|
Major subdivision
| |||||
|
Preliminary
|
$400 plus $25 per lot
|
$4,000
| |||
|
Final
|
$400 plus $25 per lot
|
$1,000
| |||
|
Site plans
| |||||
|
Nonresidential, preliminary (square feet of building)
| |||||
|
Under 5,000
|
$500
|
$2,000
| |||
|
From 5,001 to 10,000
|
$600
|
$2,500
| |||
|
From 10,001 to 50,000
|
$800
|
$3,000
| |||
|
From 50,001 to 100,000
|
$900
|
$4,000
| |||
|
Greater than 100,000
|
$1,000
|
$5,000
| |||
|
Residential
| |||||
|
Up to 25 units
|
$400 plus $25 per unit
|
$2,500
| |||
|
25 or more units
|
$600 plus $25 per unit
|
$3,500
| |||
|
Final
|
$500
|
$1,000
| |||
|
Informal meeting / review
|
$200
| ||||
|
"C" variance
|
$200
|
$500
| |||
|
"D" variance
|
$200
|
$500
| |||
|
Appeal of Zoning Officer's decision
|
$200
|
$500
| |||
|
Interpretation of Zoning Ordinance
|
$200
|
$500
| |||
|
Tax Map update (for all applications which would result in a
change to the Borough Tax Map)
|
$50 per lot
| ||||
F.
Inspection and escrow. Upon final approval, the applicant
shall pay to the Borough an inspection fee equal to the percentage
listed below:
|
Estimated Cost of Construction
|
Maximum Inspection Fee
| |
|---|---|---|
|
$0 to $10,000
|
7%
| |
|
$10,000 + to $20,000
|
6%
| |
|
$20,000 + to $50,000
|
5%
| |
|
$50,000 + to $100,000
|
4 1/2%
| |
|
$100,000 + to $300,000
|
4%
| |
|
$300,000 +
|
3 1/2%
|
[Added 9-28-1989 by Ord. No. 223]
In amending this chapter, the Borough shall
comply with all the requirements of N.J.A.C. 7:50-3.45.
[Added 7-13-2005 by Ord. No. 14-2005]
All applications to the Planning Board shall
be reviewed for completeness in accordance with the adopted checklist.[1] The checklist shall be made available to all applicants.
[1]
Editor's Note: The Application Checklist is included as an attachment to this chapter.
[1]
Editor's Note: Former § 170-30, Conservation subdivision
("clustering"), added 9-12-2007 by Ord. No. 15-2007, was repealed
12-10-2019 by Ord. No. 07-2019.
