- Created: 2017-02-13|Updated: 2017-02-16
- This Chapter has been repealed by Land Use Ordinance Chapter #225
[HISTORY: Adopted by the Mayor and Council of the Borough of Kenilworth 6-28-1977 by Ord. No. 77-20, over veto of Mayor. Amendments noted where applicable.]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:
- 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.
- 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.
- MAINTENANCE GUARANTY
- Any security, other than cash, which may be accepted by a municipality for the maintenance of any improvement required by this chapter.
- MINOR SITE PLAN
- A development plan of one or more lots which proposes the
expansion of an existing facility within the scope of development
specifically permitted as a minor site plan; does not involve planned
development of any new street or extension of any off-tract improvement
which is to be prorated pursuant to N.J.S.A. 40:55D-42; and contains
the information reasonably required in order to make an informed determination
as to whether the requirements established by ordinance for approval
of a minor site plan have been met. The portion of a site proposed
for development as a minor site plan shall be limited to a change
not exceeding 10% of the overall site area of the lots and blocks
being developed.[Added 11-12-2009 by Ord. No. 2009-23]
- Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.
- 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
- 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 guaranty in cash.
- PLANNED DEVELOPMENT
- Planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
- PRELIMINARY FLOOR PLAN 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.[Amended 8-23-1995 by Ord. No. 95-17]
- 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.
- 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.
[Amended 11-12-1991 by Ord. No. 91-22]
Site plan review and approval shall be required 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.
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. The requirements for submission and approval of subdivision plats as otherwise required by municipal ordinances shall not be affected by this subsection.
[Amended 7-12-1994 by Ord. No. 94-7]
Minor site plan review.
[Added 11-12-2009 by Ord. No. 2009-23]
The reviewing board shall waive formal notice and public hearing requirements for development if the reviewing board or the Development Review Committee of the board appointed by the Chairman finds that the application for development conforms to the definition of a minor site plan as set forth herein.
An application for approval of a minor site plan shall consist of the following:
A completed minor site plan application.
A key map of the site plan as originally approved showing the zone district in which the property being further developed is located, existing streets within 200 feet of the property and all existing curbs, sidewalks, and storm and sanitary sewers.
A sufficient plan identifying location and information to describe the proposed development.
The application shall conform with the provisions of this chapter (i.e., no new variances or waivers are associated with the minor site plan approval).
Upon receipt of the requested escrow fees, the minor site plan application shall be reviewed and commented on by one or more of the following Borough officials: Building Inspector; Zoning Officer; Borough Planner; Borough Engineer; Fire Chief; Police Chief and/or Board of Health. Should the applicant be aggrieved by any comments/conditions made by any Borough official, then within 10 days upon receipt of such comments/conditions, the applicant may request, in writing, a hearing detailing the issues to be considered before the reviewing board, which shall be scheduled within 45 days after the request.
Minor site plan applications shall be approved and permits issued subject to receipt of applicable outside agency approvals and/or permits and the establishment of applicable performance guarantees and payment of inspection fees.
Minor site plan applications shall be granted or denied within 45 days of the date of submission of a complete application to the Secretary of the reviewing board or within such further time as may be consented to by the applicant. Failure of the reviewing board to act within the prescribed time period shall constitute minor site plan approval.
Minor site plan approval shall be deemed to be final approval of the site plan application by the reviewing board, provided that the board or said subcommittee may condition such approval on terms ensuring the provision of improvements pursuant to N.J.S.A. 40:55D-38, N.J.S.A. 40:55D-39, N.J.S.A. 40:55D-41 and N.J.S.A. 40:55D-53.
In reviewing any site plan:
The reviewing board shall require that the layout or arrangements set forth in the site plan be consistent with the requirements of Chapter 197, Zoning.
The reviewing board shall require that all streets within or providing access to the site be of such width, grade, suitability, location and construction to accommodate all prospective traffic and to provide access for fire-fighting and emergency equipment. Such streets shall be coordinated so as to compose a convenient system consistent with the Official Map, if any, and the circulation element of the Master Plan, if any, provided that no street of a width greater than 50 feet within the right-of-way lines shall be required unless such street constitutes an extension of an existing street of the greater width or already has been shown on the Master Plan at the greater width or already has been shown in greater width on the Official Map.
The reviewing board shall require water supply and sanitary sewage disposal adequate to provide for all persons using the site and all purposes to which the site may be devoted. The same shall be described in the site plan application and, whenever appropriate, shall be reviewed and approved by the Borough Engineer, Building Inspector, Fire Inspector and Board of Health. The site plan shall show the location of all fire hydrants, fire lanes and similar facilities.
The reviewing board shall require adequate utilities necessary for all persons using the site and all purposes to which the site may be devoted. Insofar as practical, such service shall be provided as part of an underground system. Where existing utility lines, set on-tract or off-tract, require relocation, the reviewing board shall require that such relocation be accomplished so as not to create any hazardous condition or to cause undue inconvenience.
The reviewing board shall require that stormwater drainage be such as not to cause any flooding or damage to persons or property either on-tract or off-tract. Each site plan submitted shall include and delineate actual or potential flood hazards and proposed measures for alleviating actual or potential flooding conditions, and each site plan submitted to the reviewing board shall be reviewed by the Borough Engineer to establish requirements to prevent adverse drainage conditions both on-tract and off-tract. The drainage system shall be designed in conformance with accepted engineering standards. To facilitate the review of proposed drainage facilities for development, design calculations prepared by the applicant's engineer shall accompany the application. The design consideration shall include and not be limited to drainage areas, run-off calculations, storm drains, pipe lines, inlet designs and manholes. The reviewing board shall require full compliance with all the regulations pertaining to areas subject to flooding heretofore or hereafter provided by ordinance adopted pursuant to Subsection e of Section 52 of the Municipal Land Use Law (N.J.S.A. 40:55D-65).
Unless otherwise stipulated by the Borough Engineer, drainage facilities shall be designed on the basis of a ten-year storm, using a one-hour intensity of two inches.
The reviewing board shall require that, insofar as practical, existing shade trees be maintained. Each site plan submitted shall serve to preserve, to the fullest extent practicable, all existing natural resources of the site.
If the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways, flood control basins or public areas within the proposed development, before approving a site plan, the reviewing board may further require that such streets, ways, basins or areas be shown on the plat in locations and size suitable to their intended uses. The reviewing board may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one year after the approval of the final plat or then such further time as may be agreed to by the developer. Unless during such period or extension thereof the Borough of Kenilworth 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 reservation 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 a subdivision or land development and required for final approval thereof.
The reviewing board shall require that each site plan submitted set forth measures proposed to protect and conserve soil from erosion by wind or water or from excavation or grading.
The reviewing board shall review 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 and movement of people and goods and vehicles from access roads. The reviewing board shall ensure that all parking spaces be usable and 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.
The reviewing board shall approve the location of all proposed parking spaces on the site and shall take into consideration the size and topography of the site, visibility from the site to the adjoining street as well as within the parking areas, conditions of safety relating to the movement of people and vehicles and the elimination of nuisance factors including glare, noise, dust and other similar considerations.
Provisions shall be made for safe and adequate circulation of pedestrians and vehicles within and adjoining the subject property. Aisle widths shall be designed to permit emergency and service vehicles such as delivery trucks, solid waste collection vehicles and the like to have reasonable access and space for their intended functions.
Pedestrian circulation within a parking area shall be, to as great an extent as possible, separate from vehicular traffic. Safety zones, crossing points and sidewalk areas, where warranted, shall be provided.
All entrance and exit driveways to a public or private street shall be so located to afford maximum safety to said roadway.
The geometric design of a driveway connection to a public or private street shall be governed by sound traffic engineering principles.
Except for attendant parking, all parking spaces shall be designed free and clear of any obstruction to individual parking stalls. Parking spaces shall be located in such a fashion as to permit all vehicles to exit same in a safe and orderly manner. Under no condition shall vehicles be permitted to back out of a parking lot driveway or otherwise block the free movement of traffic within the parking area or specific points of traffic within the parking area or specific points of safety control such as fire hydrants, door-ways, elevators or other similar locations.
The surface of any driveway shall be constructed with a permanent pavement of a type or types specified by standards set by the Borough Engineer. Such pavement shall extend to the paved portion of the public or private street pavement.
The reviewing board shall review the design and layout of buildings and parking areas so as to provide an aesthetically pleasing design and efficient arrangement. The reviewing board shall pay particular attention to safety and fire protection, impact on surrounding development, contiguous and adjacent buildings and lands, and environmental and ecological considerations.
The reviewing board shall require adequate lighting to ensure safe movement of persons and vehicles and for security purposes. Exterior lighting for buildings, signs and parking areas shall not produce any glare beyond the property lines of the site and shall, where appropriate, be screened or directed in such a fashion as to prevent same. No flashing or intermittent illumination shall be permitted. Lighting which requires change in color intensity or hue shall likewise be prohibited unless completely shielded and contained within the property lines of the site. Lighting shall in no way interfere with, detract from or diminish the effectiveness of any traffic signal, safety or warning device.
The reviewing board shall require such buffering 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. Buffer areas, planting strips, fencing and screening may be required to ensure privacy and harmonious conditions between adjoining land uses.
The reviewing board shall require that all signs be designed so as to be aesthetically pleasing and harmonious with other signs on the street and located so as to achieve their purpose without constituting hazards to vehicles and pedestrians.
The reviewing board shall require that garbage disposal provided for the site be such as to ensure frequent collection and protection against vermin and rodents and to be reasonably aesthetically attractive. The garbage disposal system shall meet municipal specifications as to installation and construction. Provision shall be made for proper storage and collection of refuse. All storage shall be maintained within the confines of an enclosed structure and shall be reasonably accessible for vehicular collection on the site. The location and method of garbage disposal and collection shall be reviewed and approved by the Board of Health.
Where curbing is lacking, the reviewing board shall provide that the site plan include curbing along the extent of all property fronting public and private streets in accordance with the standards and specifications laid down by the Borough Engineer.
The Borough Engineer may require curbing within parking areas in order to facilitate drainage and provide separation between pedestrian and vehicular movement.
The alignment and grade of curbing is to be determined by that established or existing in the area, unless otherwise indicated by the Borough Engineer.
The reviewing board shall require that provision be made for the elimination of all loud and offensive noise to the general public and adjoining properties emanating from the property.
Instructions to applicants for site plan approval by the Planning Board.
[Amended 3-24-1987 by Ord. No. 87-5]
Applications can be obtained during normal working hours (9:00 a.m. to 5:00 p.m.) at the Borough Clerk's office.
The applicant must submit his formal written application to the Board on the form provided by the Board and according to the instructions provided in the application packet. The application form must contain the reason the applicant is requesting a hearing before the Board or a letter from the Building Department stating why he must appear before the Planning Board.
The applicant must submit his completed application and proof of payment of the required fee from the Borough Clerk to the Secretary of the Planning Board at least 21 days prior to the next formal hearing date. The Secretary will advise the applicant when his application will be heard. The applicant will be required to give notice to property owners and others and to give a copy of the required affidavit showing that service was done.
The applicant shall submit to the Board and/or Building Inspector, at least 15 days before the hearing:
Copies of a map showing all properties within 200 feet of the subject property and the approximate location of structures thereon, together with the names of owners of all adjoining properties. If this plot plan is prepared by other than a licensed engineer, surveyor or architect, the applicant must furnish the Board with an affidavit stating that all information shown thereon is correct. If subdivision, site plan or conditional use approval is also sought, the applicant will submit a minimum of 12 copies of the relevant forms. Any revision or change received will not be accepted unless said revision or change is submitted to the Board and/or Building Inspector at least 15 days before the hearing. Such changes will cause the application to be held over until the following month's scheduled meeting.
Notice procedure. No less than 10 days prior to the time appointed for said hearing, the applicant shall give personal notice to all owners of property, in or out of the municipality, as required by law and where required, counties and municipalities and the state, by sending written notice thereof by certified mail to the last known address of the property owners or officials. All addresses shall be obtained from the current tax records of the municipality's Tax Assessor, upon the request of the applicant and the payment of the prescribed fee.
The time for the Planning Board's decision shall be in compliance with the Municipal Land Use Law. Time shall not begin to run until the filing of a complete notice of appeal or development application, together with requisite fees, and proof that the application has been filed with the County Planning Board and Conservation District for their review, where applicable.
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
The action taken by the Board must be advertised by the applicant, at his expense, in a newspaper of general circulation within the municipality not more than 10 days after arriving at said decision.
A complete application for preliminary approval shall also consist of the following:
[Amended 3-24-1987 by Ord. No. 87-5]
A properly completed site plan or subdivision application by an architect, land surveyor and/or professional engineer containing the seal.
The required application fee.
A site plan containing the following:
Name of applicant, owner and person preparing plans.
Place for signature of Chairman and Secretary of Planning Board.
Place for signature of Township Engineer.
Tax Map lot and block numbers.
Date, scale and North sign.
Key map of the site with reference to surrounding areas and to existing street locations.
Zone district in which the property in question falls, zone district of adjoining properties and all property within a two-hundred-foot radius of the property in question.
Names of owners of all contiguous land and adjacent property. If property is within 200 feet of another municipality, its Borough Clerk will be notified before final approval of the application by the Board.
Dimensions of lot, setbacks, front yard, side yards and rear yard: size, kind and location of fences and retaining walls.
Setback and outlines of adjacent buildings to abutting streets within 200 feet.
Location dimensions and details of all signs and exterior lighting, including type of standards, location, radius of light and intensity in footcandles.
The outside dimensions of existing and/or proposed principal building(s) and all accessory structures, including equipment.
Storm drainage plan showing location of inlets, pipes, swales, berms and other storm drainage facilities, including roof leaders: indicate existing and proposed runoff calculations and on-site detention.
Rights-of-way, easements, deed restrictions, covenants and all lands to be dedicated to the municipality or reserved for specific uses, with a copy of such.
The entire property in question, even though only a portion of said property is involved in the site plan; provided, however, that where it is physically impossible to show the entire property on the required sheet, a separate map at a suitable scale may be submitted.
Significant existing physical features, including streams, watercourses, rock outcrops, swampy soil, etc.
Bearings and distances of property lines.
Plans of off-street parking area layout and off-street loading facilities showing location and dimensions of individual parking spaces, loading areas, aisles, traffic patterns and driveways for ingress and egress and waste disposal.
Parking calculations (area): areas used for access, ingress and egress not to be included.
All streets within 200 feet of site, even if not improved.
All existing and proposed curbs and sidewalks and driveways on the subject property or adjacent thereto.
All existing and proposed utility lines within and adjacent to the subject property.
Preliminary floor plans and elevations.
Existing and proposed sanitary sewage disposal system.
Water supply system and any other utilities not already shown.
Method of solid waste disposal and storage and the volumetric volume of effluent being added to our sewer system.
Existing and proposed spot elevations based upon the National Geodetic Survey vertical datum at all building corners, all floor levels, center lines of abutting roads, top and bottom curbs, property corners, gutters and other pertinent locations.
Existing and proposed contours of the site at two-foot intervals.
Location of all existing trees or tree masses, indicating general sizes and species of trees.
Landscaping and buffering plan showing what will remain and what will be planted, indicating names of plants and trees and dimensions, approximate time of planting and method of planting (base rooted, ball and burlap).
Whether this site will generate, store or use any hazardous material requiring special storage or disposal.
Any other pertinent information the applicant feels will help the Board better understand the applicant's site plan application.
This checklist does not preclude the Board from requiring other items which it may feel is necessitated for the site application to be accepted for consideration.
All applications for site plan approval shall be submitted to the County Planning Board for its review and recommendations and, where applicable, approval. The applicant shall furnish proof of such submission at the time of the submission of his application to the municipal reviewing board by presenting a copy of his site plan with an indication from the county that it has been filed with them. Any application for site plan 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 the applicant's application, such preliminary approval shall be conditioned on approval of said site plan by the County Planning Board.
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 the applicant's site plan, preliminary approval shall be conditioned on certification of the applicant's erosion plan.
The Secretary of the review board shall distribute the site plan application for reviewing and report and approval where required as follows:
One copy to the Borough Clerk.
One copy to the Municipal Engineer.
One copy for the permanent files of the board's Secretary.
One copy to the Building Inspector.
One copy to the Fire Inspector.
One copy to the Secretary of the Board of Health.
Three copies to the Site Plan Committee of the Planning Board.
One copy forwarded to the Borough Tax Assessor upon the adoption of a resolution for preliminary approval by the review board.
Upon the submission to the Secretary of the Planning Board of a complete application for a site plan for 10 acres of land or fewer, 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 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.
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.
Upon submission of any application for development to the Planning Board which also requests relief pursuant to N.J.S.A. 40:55D-70d, the Board shall grant or deny preliminary approval of the application within 120 days of the date of submission of a completed application or within such further time as may be consented to by the applicant.
[Amended 8-23-1995 by Ord. No. 95-17]
Failure of the reviewing board to reach a decision within the specified time periods or extensions thereof shall result in the approval of the site plan as submitted.
If the reviewing 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 reviewing board shall, if the proposed development complies with this chapter, grant preliminary site plan approval.
Nothing herein shall be construed to limit the right of a developer to submit a sketch plan to the reviewing board for informal review, and neither the reviewing 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 reviewing board's decision shall not begin to run until the submission of a complete application.
A public hearing shall be held on all applications for site plan approval.
The reviewing board, when acting upon applications for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for-site plan approval as may be reasonable and within the general purpose and intent of 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, provided that such exception and the factual basis therefor shall be set forth in the resolution granting preliminary approval.
Preliminary approval of a site plan shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:
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 street lighting, except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to the public health and safety.
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.
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.
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 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.
Final approval shall be granted or denied within 45 days after submission of a complete application to the Secretary of the reviewing board or within such further time as may be consented to by the applicant. Failure of the reviewing 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 reviewing board as to failure of the reviewing 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.
A complete application for final approval shall be submitted to the Secretary of the Planning Board not later than 14 days prior to the monthly meeting of the Planning Board and shall consist of the following:
A properly completed final site plan approval form.
The required fee.
A site plan in final form, including all the information shown on the preliminary plan, conditions of preliminary approval, plus the following:
Plans and profiles of sewers and plans and specifications for all off-tract improvements.
A certification from the Borough Tax Collector that all taxes and assessments on the real property being developed have been paid in full.
Such other items as the reviewing board may require in writing.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 163-9 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 reviewing 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 § 163-9 of this chapter for the section granted final approval.
As a condition of final site plan approval, the reviewing board 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:
The furnishing of a performance guaranty in favor of the municipality 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, street lighting, 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 disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and other on-site improvements and landscaping, provided that no more than 10% of the total performance guaranty shall be in cash and the balance shall be in the form of a bond from a bonding company approved by the governing body. The Municipal Engineer shall review the improvements required by the reviewing board 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 reviewing board. The Municipal 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.
The furnishing of a maintenance guaranty to be posted with the governing body 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 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.
The amount of any performance guaranty may be reduced by the governing body by resolution when portions of the improvements have been certified by the Municipal Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the governing body by resolution.
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 municipality for the reasonable cost of the improvements not completed or corrected, and the municipality may either prior to or after the receipt of the proceeds thereof complete such improvement.
When all of the required improvements have been completed, the obligor shall notify the governing body, in writing, by certified mail addressed in care of the Municipal Clerk, of the completion of said improvements and shall send a copy thereof to the Municipal Engineer. Thereupon the Municipal Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the governing body, 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.
The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Municipal Engineer and shall notify the obligor, in writing, by certified mail, of the contents of said report and the action of said reviewing board 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 that portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the governing body 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.
If any portion of the required improvements is rejected, the reviewing board 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.
The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements.
The reviewing board may, as a condition for approval of a site plan, require the developer to pay his pro rata share of the cost of providing reasonable and necessary future improvements and water, sewerage and drainage facilities and easements therefor located outside the property limits of the development necessitated or required by the construction or improvements within such development. Such regulations shall be based on circulation and comprehensive utility service plans pursuant to Subsections 19b(4) and 19b(5) of the Municipal Land Use Act, respectively; provided, however, that such share shall be fair and reasonable in relation to other developers and owners of property within the related and common area. The reviewing board shall fix the amount of such share only after a hearing with every party in interest having notice and an opportunity to be heard.
[Added 10-25-1995 by Ord. No. 95-28]
Where the proposed off-tract improvement is to be undertaken at some future date, the moneys required for the improvement shall be deposited to the credit of the township in a separate account until such time as the improvement is constructed. If the off-tract improvement is not begun within 10 years of deposit, all moneys and interest shall be returned to the applicant.
Editor's Note: Former § 163-15, Review of development application escrow deposits; professional fees; reimbursement; appeals, which immediately followed, as amended, was repealed 3-25-2009 by Ord. No. 2009-06.