This article may be cited and referred to as
the "Land Subdivision and Site Plan Chapter of the Revised General
Ordinances of the Borough of Wrightstown."
This article is enacted pursuant to the authority
granted by N.J.S.A. 40:55D-1 et seq., commonly cited and referred
to as the "Municipal Land Use Law."
The purpose of this chapter is to provide rules,
regulations and standards to guide land subdivision and site planning
in the Borough in a manner which will promote the public health, safety,
morals and general welfare. It shall be administered to ensure an
orderly growth and development which will not conflict with the development
and general welfare of neighboring municipalities, the county and
the state as a whole, and to ensure adequate and suitable streets,
water supply, drainage, shade trees, sewerage facilities and other
necessary utilities, public area and open space, protection from flooding
and conservation of soils, and to promote a desirable visual environment
through creative development techniques and good civic design and
arrangements.
A.
Subdivision application. An applicant desiring to
proceed with a minor subdivision shall file with the Clerk at least
two weeks prior to the date of a regular meeting of the Board the
following documents:
(1)
Twelve completed copies of the Borough minor subdivision
application form.
(2)
Twelve copies of any protective covenants, deed restrictions
or easements, either presently affecting the property or proposed
in the subdivision, such as a conservation, drainage or utility right-of-way
or a sight triangle.
(3)
Twelve copies of any deed for any land offered to
the Borough.
(4)
Twelve copies of the plat of the proposed minor subdivision.
A reproducible copy shall be submitted upon approval.
(5)
Twelve copies of a key map.
(6)
A certification from the Borough Tax Collector that
no taxes or assessments for local improvements are due or delinquent
on the property for which the subdivision application is made.
(7)
The applicant shall have the right before submitting
a formal application hereunder to request and obtain an informal conference
before the Board.
B.
Application fee. The applicant shall submit to the Clerk, at the time of submission of an application for a minor subdivision, payment of the fee provided in § 219-60.
C.
Contents of plat. A minor subdivision plat shall be
clearly and legibly drawn at an accurate scale of not less than one
inch equals 100 feet and shall be based on an actual survey certified
by a land surveyor licensed in the State of New Jersey. The plat shall
conform to the size and other requirements of the Map Filing Law,
N.J.S.A. 46:23-9.8 et seq., as amended and supplemented. The plat
shall show the following information:
(1)
All lots being subdivided, together with the boundary
and acreage of the entire original tract, and the number of new lots
being created. The area of each lot shall be shown correct to within
one square foot.
(2)
All existing and proposed property lines within and
immediately adjoining the tract and all lot lines to be eliminated.
All lot lines shall be shown correct to 0.01 of a foot in length and
one second in angular measurement. Minimum front, side and rear building
setback lines on each proposed lot and the remaining lot shall be
shown.
(3)
All existing buildings and structures and their uses,
wooded areas, rock outcrops, and isolated trees with a diameter of
six inches or more measured 4 1/2 feet above ground level. All
streams, lakes, drainage rights-of-way and streets within the limits
of the tracts being subdivided, including the location, width and
direction of flow of all streams, brooks, drainage structures and
drainage rights-of-way. Any existing features to be removed or relocated
shall be indicated. Flood hazard area lines and wetlands and swamps
within the tract shall be shown. A general drainage system shall be
shown.
(4)
The shortest distance from any existing buildings
to any proposed and existing lot line.
(5)
The existing and proposed rights-of-way of all easements
and all streets within and adjoining the premises, with dimensions,
together with existing driveways, street names and the purpose for
any easement. Sight triangles shall be shown.
(6)
The name of the owner and all adjoining property owners
as disclosed by most recent Borough tax records.
(7)
The Tax Map sheet, block and lot number for the tract
and all adjacent lots; written and graphic scales; north arrow; and
space for the subdivision application number; the name of the Borough;
the name of the subdivision; and the date of preparation and most
recent revision.
(8)
Zoning districts and if the property lies in more
than one zoning district, the plat shall indicate all the zoning district
lines.
(9)
The name, address, phone number and signature of the
owner, subdivider and person preparing the plat.
(10)
Such other information or data as may be required
by the Board in order to determine that the details of the subdivision
are in accord with the standards of applicable ordinances.
(11)
The Board may waive any of the details required
by this subsection if it determines that the subdivision conforms
to the standards of good planning, will have no deleterious effect
on neighboring properties and if it is provided with adequate data
to assure the protection of the health, safety and welfare of the
residents of the Borough. The plat shall be certified as to the accuracy
of the engineering details by an engineer licensed in New Jersey,
and shall bear his signature, seal, license and address.
D.
Contents of key map.
(1)
The applicant shall submit a key map with north arrow
showing the entire subdivision and its relation to surrounding areas,
at a scale of not less than 2,000 feet to the inch. The key map shall
be presented on sheets not greater than 30 inches by 42 inches or
less than 8 1/2 inches by 13 inches. The key map shall show not
less than the following information:
(2)
The key map shall be certified as to the accuracy
of the details by an engineer or surveyor licensed in New Jersey,
and shall bear his signature, seal, license and address.
(3)
The key map may be set forth on the plat.
E.
Submission of application. Upon receipt of an application for a minor subdivision, together with the required supporting documents and payment of the prescribed fee, the Clerk shall forthwith submit such documents to the Secretary who shall submit one copy each of the application and supporting documentation to the Board Subdivision Committee, the Borough Engineer and the Attorney for the Board, for a report thereon to the Board. These reports shall be submitted to the Board at least two days prior to the meeting of the Board at which the application will be considered. These reports shall comment on the completeness of the application in conformity with this chapter, whether or not the application meets the standards of a minor subdivision, and whether or not the application is in compliance with all requirements of applicable laws and ordinances. The Engineer shall also advise as to the likelihood of off-tract improvements being required, and if such shall be the case, shall advise the Borough Council which shall then act pursuant to § 219-59C. The Secretary shall also put the application on the agenda of the Board meeting, next following 14 days from the date of submission of the complete application, and shall advise the applicant of such date. In the event the Secretary determines that literal compliance with the time requirements of this subsection will cause the application not to be considered by the Board within 45 days of the submission of the application, the Secretary shall so advise the Board at its next meeting and the Board shall schedule a special meeting for consideration of the application within the forty-five-day period.
F.
County Planning Board. No later than seven days after
submission of the application for a minor subdivision to the Clerk,
the applicant, where required pursuant to N.J.S.A. 40:27-6.3, shall
submit a copy of the application and all supporting documentation
to the Burlington County Planning Board for review and approval. The
applicant shall then promptly certify to the Secretary that such submission
has been properly made.
G.
Joint Land Use Board action.
(1)
At the meeting of the Board at which the application is to be considered, the Board shall first determine that the application conforms to the definition of a minor subdivision as set forth in § 219-6. If the application does not so conform, the Board shall deny the application; however, such denial shall not be deemed to preclude a subsequent application for a major subdivision involving the same tract.
(3)
If the application does conform to the definition
of a minor subdivision and is complete, the Board shall waive notice
and public hearing for the application.
H.
Time for approval.
(1)
Minor subdivision approval shall be granted or denied
within 45 days of the date of submission of a complete application
to the Secretary of the Board, or within such further time as may
be consented to in writing by the applicant. Failure of the Board
to act within the period prescribed shall constitute minor subdivision
approval. A certificate of the Secretary of the Board as to the failure
of the Board to act shall be issued on request of the applicant, and
shall be sufficient in lieu of the written endorsement or other evidence
of approval herein required, and may be so accepted by the County
Clerk for purposes of filing subdivision plats.
(2)
Whenever review or approval of the application by
the County Planning Board is required by N.J.S.A. 40:27-6.3, the Board
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the County Planning Board,
or approval by the County Planning Board by its failure to report
thereon within the required time period.
I.
Approval subject to conditions. Whenever the Board
shall grant approval subject to conditions, a notation shall be made
on the plat or deed indicating that "the approval of the subdivision
is subject to conditions as set forth in the minutes of the Board."
J.
Expiration of approval. Approval of a minor subdivision
shall expire 190 days from the date of Joint Land Use Board approval
unless within such period a plat in conformity with such approval
and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.,
or a deed clearly describing the approved minor subdivision is filed
by the applicant with the County Clerk, the Borough Engineer and the
Borough Tax Assessor. Any such plat or deed accepted for such filing
shall have been signed by the Chairman and the Secretary of the Board.
K.
Conformance with zoning requirements and conditions.
The zoning requirements and general terms and conditions, upon which
minor subdivision approval was granted, whether conditional or otherwise,
shall not be changed for a period of two years after the date of minor
subdivision approval, provided that the approved minor subdivision
shall have been duly recorded as provided in this section.
L.
Final engineering review.
(1)
Prior to the commencement of any construction, final detailed engineering plans shall be submitted to and approved by the Borough Engineer. The applicant shall deposit with the Borough Clerk such fee for engineering review as is provided in § 219-60.
(2)
No building permit shall be issued for excavation
or construction in any area approved for subdivision until such plat
or deed has been filed.
M.
Inspection process and fees. Before granting approval of an application for a minor subdivision, the Board shall require the applicant to deposit with the Borough the inspection fees provided in § 219-60 to compensate the Borough Engineer for performing an inspection of the sidewalk, curb, street and storm drainage improvements and other appropriate improvements. After approval and after the applicant has initiated construction thereof, the Borough Engineer shall make the inspections and submit written reports with respect to the results of such inspections to both the Secretary of the Board and the applicant. The Borough Engineer shall advise the Secretary and the applicant of his inspection fees. Thereafter, the inspection fees shall be paid from the deposit. If the applicant should decide to permanently discontinue work on the subdivision in question before its completion, he may make written application to the Board for the refund of the unencumbered portion of the deposit. Submission of this application shall constitute a waiver of all rights which may have accrued to him with respect to the subdivision covered by that application.
A.
Subdivision application. An applicant desiring to
proceed with a major subdivision shall file with the Clerk, at least
two weeks prior to the date of a regular meeting of the Board, the
following documents:
(1)
Twelve completed copies of the Borough major subdivision
application form.
(2)
Twelve copies of any protective covenants, deed restrictions
or easements, either presently affecting the property or proposed,
in the subdivision, such as a conservation, drainage or utility right-of-way
or a sight triangle.
(3)
Twelve copies of any deeds for any lands offered to
the Borough.
(4)
Twelve copies of the preliminary plat of the proposed
major subdivision. A reproducible copy shall be submitted upon preliminary
approval.
(5)
Twelve copies of a key map.
(6)
A certification from the Borough Tax Collector that
no taxes or assessments for local improvements are due or delinquent
on the property for which the subdivision application is made.
(7)
A certification from the State Department of Environmental
Protection, pursuant to N.J.S.A. 58:11-23 et seq., if applicable.
B.
Application fee. The applicant shall submit to the Clerk, at the time of the submission of an application for a major subdivision, payment of the fee provided in § 219-60.
C.
Contents of major subdivision plat.
(1)
The preliminary plat shall be clearly and legibly
drawn or reproduced at a scale of not less than 100 feet to the inch,
on sheets of equal size and a maximum size of 30 inches by 42 inches.
It shall be prepared and sealed by a land surveyor licensed by the
State of New Jersey, with design and improvements prepared by a professional
engineer licensed by New Jersey.
(2)
Title block. The title block shall appear on all sheets
and include:
(a)
The title of the preliminary plat.
(b)
The name, if any.
(c)
The Tax Map sheet, block and lot number(s) of
the tract to be subdivided as shown on the latest Borough Tax Map.
(d)
The acreage of the tract to be subdivided, to
the nearest tenth of an acre.
(e)
The date (of the original and all revisions).
(f)
The names and addresses of the owner and the
subdivider, so designated.
(g)
A schedule shall be placed on the map indicated
the acreage of the tract the number of lots, the zone, minimum required
lot areas, setbacks, yards and dimensions.
(h)
The name(s), signature(s), address(es) and license
number(s) of the engineer and land surveyor who prepared the map.
The plat shall bear the embossed seal of the engineer and land surveyor.
(3)
A key map, at a scale of one inch equals 2,000 feet,
showing the location of the tract to be subdivided, with reference
to surrounding areas, existing streets which intersect or border the
tract, the names of all streets and any Borough boundary which is
within 500 feet of the site.
(4)
The names of all owners of the property lines of parcels
within 200 feet of the site, including properties across the street,
as shown by the most recent records of the township.
(5)
The plat shall be based on a current, certified boundary
survey. The date of the survey and the name of the person making the
same shall be shown on the map.
(6)
Existing one-foot interval contours based on United
States Coast and Geodetic Survey datum (MSL-O) shall be shown extending
a minimum of 100 feet beyond the boundary of the tract in question
and shall be certified by a New Jersey licensed surveyor or professional
engineer as to accuracy, except that where the slopes exceed 5%, a
two-foot interval may be used. The source of elevation base datum
shall be noted.
(7)
All existing streets, watercourses, floodplains, floodways
and flood areas within the proposed subdivision and within 200 feet
of the boundaries thereof, both the width of the paving and the width
of the right-of-way of each street, existing public easements and
Borough borders within 200 feet of the subdivision.
(8)
All existing structures, an indication of those which
are to be destroyed or removed and the front, rear and side yard dimensions
of those to remain.
(9)
The boundaries, nature and extent of wooded areas
and other important physical features, including swamps, bogs and
ponds, within the proposed subdivision.
(10)
The layout of the proposed subdivision, drawn
in compliance with the provisions of this chapter.
(11)
All proposed public easements or rights-of-way
and the purposes thereof and proposed streets within the proposed
subdivision. The proposed streets shall show the right-of-way and
proposed pavement width.
(12)
The existing systems of drainage of the subdivision
and of any larger tract of which it is a part, together with information
on how it is proposed to dispose of surface drainage.
(13)
The acreage of the drainage area (or areas)
of each natural or man-made watercourse traversing the subdivision,
including the area within the subdivision and the area upstream from
the subdivision.
(14)
All proposed lot lines and the areas of all
lots in square feet.
(15)
A north arrow and written and graphic scales.
(16)
A copy of any existing or proposed covenants
or deed restrictions applying to the land being subdivided, or certification
that none exists.
(17)
Preliminary utility layouts showing methods
of connection and sources of service.
(18)
The proposed location and area, in acres or
square feet, of all required or proposed open space areas.
(19)
The preliminary plat shall indicate the zone
and tract acreage and shall show the required minimum lot areas, front,
side and rear yard setback lines and the lot line dimensions and areas
of each lot being created by the proposed subdivision.
(20)
Preliminary construction, grading, drainage
and utility plans and profiles, at a scale of one inch equals 100
feet horizontally and one inch equals five feet vertically, shall
accompany the final plat and show the following information:
(a)
A grading plan showing existing and proposed
grading contours at intervals of one foot throughout the tract, except
that if slopes exceed 5%, an interval of two feet is permissible.
Datum shall be United States Coast and Geodetic Survey, and the source
of the datum shall be noted.
(b)
The proposed spot or finished elevations at
all property corners, the curb opposite property corners, corners,
corners of all proposed structures or dwellings, the first-floor elevation
of all proposed structures or dwellings and drainage arrows designating
direction of overland drainage flow on each lot.
(c)
Complete information for storm drainage and
sanitary sewer systems, including but not limited to invert, rim and
top-of-casting elevation for all drainage structures and the size,
length, type and class of pipe and slope of all pipe. The drainage
plan shall be accompanied by complete drainage calculations made in
accordance with the standards set forth herein.
(d)
The slope, direction of flow and typical section
for all streams, swales and ditches.
(e)
Preliminary center-line profile grades, correct
to 1/100 foot, with full information concerning vertical curve
elevation.
(f)
All center-line elevations of each street at
a maximum interval of 100 feet.
(g)
Complete construction details for all structures,
including but not limited to manholes, inlets, headwalls, yard drains,
culverts, bridges and pumping stations.
(h)
Complete off-site information concerning final
disposition of stormwater runoff and sanitary sewer connections to
existing or proposed facilities.
(i)
Utility layouts and cross sections (sewers,
water, gas, electric, telephone, etc.) showing feasible connections
to any existing or proposed utility systems; provided, however, that
layouts of gas, electric and telephone lines are not required. An
indication of these on a typical road cross section shall be sufficient.
Layouts shall include proposed locations of fire hydrants. If private
utilities are proposed, they shall comply with all local, county and
state regulations.
(j)
The tops of the banks and boundaries of the
floodways and flood hazard areas of all existing watercourses, where
such have been delineated, or the limits of alluvial soil where the
boundaries of floodways and flood hazard areas have not been determined,
and/or such other information as may assist the Joint Land Use Board
in the determination of floodway and flood hazard area determination
limits.
(k)
The limits of all areas of proposed cuts and
fills, exclusive of excavations for basements, shall be clearly designated.
(21)
Sectionalization and staging plan. The plat
may be accompanied by a preliminary sectionalization and staging plan
showing the following: If the subdivision is proposed to be filed
for final approval in sections, the plan shall show each such section.
The staging of the various sections in the subdivision shall be such
that, if development of the subdivision were to be discontinued after
the completion of any section, the developed portion of the subdivision
would be provided with adequate street drainage and utility systems.
The size and staging of the section in a subdivision shall be established
to promote orderly development and shall be subject to the approval
of the Board. In no instance shall any single section of a subdivision
include more than 100 lots. During construction of the development,
the developer shall fully comply with the sectionalization and staging
plan in accordance with the preliminary approval. If, for any reason,
the developer does not fully comply with the approved sectionalization
and staging plan, no building permits shall be issued until such time
as the developer makes application to and receives approval from the
Board for a revised staging and sectionalization plan. The Board may
modify the plan and impose time restrictions or require the developer
to construct the development in accordance with an approved staging
and sectionalization plan.
(22)
The map must include certification for the signatures
of the Joint Land Use Board Chairman, the Secretary and the Board
Engineer.
(23)
Soil borings to a depth of 10 feet, indicating
soil types and the seasonal high-water table elevations, along with
percolation tests, shall be submitted (one for each five acres) for
all subdivisions where on-site sanitary sewer disposal septic systems
are proposed. The location of soil borings and percolation tests shall
be indicated on the plat.
(24)
An affidavit setting forth the names and addresses
of all record title owners or the land proposed to be subdivided by
the map and the consent, in writing, of all such owners to the approval
of such map shall accompany the plans or be shown.
(25)
All municipal boundary lines crossing or adjacent
to the territory intended to be subdivided shall be shown and designated.
(26)
The names of adjoining subdivisions, if any,
and the file number of the recording or the names of the owners of
adjacent properties.
(27)
The applicant shall be required to submit certification,
in writing, from the Wrightstown Municipal Utilities Authority indicating
that the plans have been reviewed and approved or conditionally approved
at their preliminary stage by the Municipal Utilities Authority.
(28)
The preliminary plat shall indicate the limits
of land clearing and land disturbance of the proposed major subdivision.
(29)
In the Pinelands Area, such other information
as may be required under the Pineland Comprehensive Management Plan.
(30)
The specific size and species of individual
existing mature trees of a size of six inches in diameter at breast
height (dbh) and masses of existing mature woodland [predominantly
trees greater than four inches in diameter at breast height (dbh)]
and any other significant natural vegetation or natural features.
The plans must indicate all existing mature vegetation to be preserved,
relocated (including the proposed location of transplanted trees)
or removed and appropriate details and plans for tree protection fencing.
(31)
A preliminary landscape plan. The plan shall
be prepared on halftone sheet of the Engineer's grading plan showing
existing and proposed grades and shall indicate the location and spacing
of shade trees, ornamental trees, evergreen trees, shrubs, ground
cover and lawn, utilizing different graphic symbols for each which
are representative of the size of the plant, within a period of 10
years after installation, and shown to scale. The plan shall include
a planting schedule indicating the quantity, common name, botanical
name, installed size (including height and caliper for shade and ornamental
trees), root and quality for all proposed plantings. The plan shall
indicate the construction materials, location and size of any berms,
walls, fences, pavements or site amenities to be provided. When appropriate
or required, a graphic section illustration at a scale on one inch
equals 10 feet or larger shall be provided to indicate the effectiveness
of proposed or existing materials as a buffer in relation to the height
of the area being screened.
(32)
Preliminary details of all proposed recreational
areas, including details of both active and passive areas, and the
lot in which the recreation area, if required, is to be located shall
be included as an integral part of the preliminary plan submission.
D.
Final plats for major subdivisions. The final plat
shall be clearly and legibly drawn in final form at a scale of not
less than one inch equals 50 feet, in compliance with the New Jersey
Statutes, for purposes of recording. The final plat shall conform
to the preliminary plat as approved, shall not contain more than 100
lots and, at a minimum, shall show and be accompanied by the following:
(1)
Required documentation.
(a)
Wrightstown Municipal Utilities Authority approval.
(b)
Burlington County Planning Board approval, where
required.
(c)
State and/or federal regulatory agencies approval,
as required.
(d)
A soil disturbance permit.
(e)
Proof of payment of real estate taxes.
(f)
A certificate of title, which may be in letter
form, signed by a member of the New Jersey Bar or by a title officer
or authorized agent of a title insurance company licensed to do business
in the State of New Jersey, which certificate shall confirm that the
owner of the premises in question is the applicant as shown on the
plat.
(g)
Such other submittals as may be required by
federal, state or local law. Unless other specific provisions are
made in this chapter or by statute, all approvals required of federal,
state, county and local agencies or officials shall be obtained and
evidence thereof filed with the Board prior to the signing of a final
plat. If the Board agrees, final approval may be granted conditioned
upon the receipt of any necessary subsequent approvals, but no approval
signature will be affixed to any plat prior to obtaining any such
required approvals. The Board may determine a reasonable time for
obtaining all such required approvals; and such time in no case shall
exceed one year. In the event that such required approvals are not
obtained within such time, the conditional approval shall lapse, and
submission of a new application will be necessary.
(2)
The final plat shall contain all general requirements, details and supporting data as required for the preliminary plat as specified in Subsection C.
(3)
It shall show the dimensions, bearings and curve data,
including the lengths of tangents, radii, arcs, chords and central
angles, for all center-line and right-of-way-line curves on streets
sufficient to enable the definite location of all lines and boundaries
shown thereon, including drainage easements, public easements and
areas dedicated for public use.
(4)
Tangents, chord, arc, radius and central angle at
all street corners.
(5)
All dimensions, both linear and angular, of the exterior
boundaries of the subdivision and all lots and lands reserved or dedicated
for public use shall balance, and their description shall close within
a limit of error of not more than one part in 10,000. Where feasible,
the control points of the subdivision shall be referenced to three
permanent coordinated monuments.
(6)
Any easement or land reserved for or dedicated to
the public shall be designated, and the proposed use of sites other
than residential shall be noted.
(7)
Each block and each lot shall be numbered in accordance
with a scheme approved by the Tax Assessor.
(8)
The map shall clearly show all monumentation and property
markers as required, including monuments found, monuments set and
monuments to be set. An indication shall be made where monumentation
found has been reset. All monuments, if required, shall be placed
in compliance with the Map Filing Law.
(9)
Subdivision names and street names shown on the final
plat shall not be the same or similar to any name of an existing subdivision
or street in the Borough.
E.
Contents of key map. The key map shall comply with the requirements of a minor subdivision key map, as set forth in § 219-56D as same shall apply to a major subdivision.
F.
Submission of application. Upon receipt of an application for a major subdivision, together with the required supporting documents, and payment of the prescribed fee, the Clerk shall forthwith submit to the Secretary who shall submit one copy of the application and supporting documentation to the Borough Engineer and to the Attorney for the Board for a report thereon to the Board. These reports shall be submitted to the Board at least two days prior to the meeting of the Board at which the application will be considered. These reports shall comment on the completeness of the application in conformity with this chapter and whether the application is in compliance with all requirements of applicable laws and ordinances. The Engineer shall also advise as to the likelihood of off-tract improvements being required, and if such shall be the case, shall advise the Borough Council which shall then act pursuant to § 219-59C. The Secretary shall also place the application on the agenda of the Planning Board meeting, next following 14 days from the date of submission of the complete application, and shall advise the applicant of such date. In the event that the Secretary determines that a literal compliance with the time requirements of this subsection, in the case of a major subdivision of 10 or fewer lots, will cause the application not to be considered by the Board within 45 days of the submission of the application, the Secretary shall so advise the Board at its next meeting and the Board shall schedule a special meeting for consideration of the application within the forty-five-day period.
G.
County Planning Board. The applicant, where required, pursuant to N.J.S.A. 40:27-6.3, shall comply with the provisions of § 219-56F as same shall apply to a major subdivision.
H.
Public notice. The applicant shall give notice of the application at least 10 days prior to the date of the hearing on the application. Public notice shall be accomplished in accordance with § 219-50F of the Land Use Procedures chapter of this code.
I.
Initial Joint Land Use Board Action. Prior to the meeting of the Board at which the application is to be first considered, the determination shall first be made whether the application is complete in accordance with the provisions of this chapter. If it is determined that the application is not complete, the Board shall notify the applicant of the incompleteness, in accordance with § 219-48O. If the application is complete:
(1)
Subdivision of 10 lots or less. The Board shall grant
or deny preliminary approval within 45 days of the date of submission
of the complete application or within such further time as may be
consented to in writing by the applicant, if the application is for
a subdivision of 10 or fewer lots.
(2)
Subdivision of more than 10 lots.
(a)
The Board shall grant or deny preliminary approval
within 95 days of the date of submission of the complete application
or within such further time as may be consented to in writing by the
applicant, if the application is for a subdivision of more than 10
lots.
(b)
Failure of the Board to act within the period
prescribed shall constitute major subdivision preliminary approval.
(3)
Performance bond. The applicant shall not proceed
with installation of the required improvements until a performance
guaranty is posted therefor, and no building permits shall be issued
unless the required improvements have been completed and accepted
or a performance guaranty posted therefor.
J.
Effect of preliminary approval. Preliminary approval of a major subdivision shall, except as provided in Subsection D herein, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval.
(1)
That the general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited
to use requirements; layout and design standards for streets, curbs
and sidewalks; lot size; yard dimensions and off-tract improvements;
except that nothing herein shall be construed to prevent the Borough
from modifying by ordinance such general terms and conditions of preliminary
approval as relate to public health and safety.
(2)
That the applicant may submit for final approval,
on or before the expiration date of preliminary approval, the whole
or a section or sections of the preliminary subdivision plat.
(3)
That the applicant may apply for and the 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, however, that if the design standards have been revised
by ordinance, such revised standards may govern.
(4)
In the case of an application involving any area of 50 acres or more, the Board may grant the rights referred to in Subsections A, B and C hereinabove, for such period of time longer than three years, as shall be determined by the 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 Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Board to be reasonable, taking into consideration:
(a)
The number of dwelling units and nonresidential
floor area permissible under preliminary approval.
(b)
The potential number of dwelling units and nonresidential
floor area of the section or sections awaiting final approval.
(c)
Economic conditions.
(d)
The comprehensiveness of the development, provided
that if the design standards have been revised, such revised standards
may govern.
K.
Final approval of major subdivision.
(1)
The Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by Subsection L the conditions of preliminary approval and the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.
(2)
Final approval shall be granted or denied within 45
days after submission of a complete application to the Secretary or
within such further time as may be consented to in writing by the
applicant. Failure of the Board to act within the period prescribed
shall constitute final approval and a certificate of the Secretary
as to the failure of the Board to act shall be issued on request of
the applicant. Such certificate shall be sufficient in lieu of the
written endorsement or other evidence of approval herein required,
and shall be so accepted by the County Clerk for purposes of filing
subdivision plats. Whenever review or approval of the application
by the County Planning Board is required by N.J.S.A. 40:27-6.3, the
Board shall condition any approval that it grants upon timely receipt
of a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period. Whenever the Board shall
grant approval subject to conditions, a notation shall be made on
the plat indicating that "the approval of the subdivision is subject
to conditions as set forth in the minutes of the Board."
L.
Effect of final approval of major subdivision.
(1)
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to Subsection J, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that the rights conferred by this subsection shall expire if the plat has not been duly recorded within the time provided in Subsection M. If the applicant has followed the standards prescribed for final approval, and has duly recorded the plat as required in Subsection M, the Board may extend such period of protection for one year with no more than three such extensions. Notwithstanding any other provisions of this chapter, the granting of final approval shall terminate the time period of preliminary approval pursuant to Subsection K for the section granted final approval.
(2)
In the case of a subdivision for 150 acres or more, the Board may grant the rights referred to in Subsection L(1) herein for such period of time, longer than two years, as shall be determined by the 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 Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration:
M.
Recording of final approval. Final approval of a major
subdivision shall expire 95 days from the date of signing of the plat
unless within such period the plat shall have been duly filed by the
developer with the County Clerk. The Board may, for good cause shown,
extend the period for recording for an additional period not to exceed
190 days from the date of signing of the plat.
N.
Selling before approval; penalty; suit by Borough.
(1)
If, before final subdivision approval has been granted,
any person transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which Borough approval is required by this chapter, such person
shall be liable, in addition to any statutory penalty, for suit by
the Borough:
(2)
In any such action, the transferee, purchaser or grantee
shall be entitled to the statutory lien upon the portion of the land,
from which the subdivision was made, that remains in the possession
of the developer or his assigns or successors, to secure the return
of any deposits made or purchase price paid, and also, a reasonable
search fee, survey expense and title closing expense, if any. Any
such action shall be brought within two years after the date of the
recording of the instrument of transfer, sale or conveyance of such
land or within six years, if unrecorded.
O.
Inspection process and fees. Before granting preliminary approval of an application for a major subdivision, the Board shall require the applicant to deposit with the Borough the inspection fees provided in § 219-60 to compensate the Borough Engineer for inspecting the sidewalk, curb, street and storm drainage improvements and other appropriate improvements. After approval and after the applicant has initiated construction thereof, the Borough Engineer shall make the inspections and submit written reports with respect to the results of such inspections to both the Secretary of the Board and the applicant. Additionally, the Borough Engineer shall advise the Secretary and the applicant of his inspection fees. Thereafter the inspection fees shall be paid from the deposit. If the applicant should decide to permanently discontinue work on the subdivision in question before its completion, he may make written application to the Board for the refund of the unencumbered portion of the deposit. Submission of this application shall constitute a waiver of all rights which may have accrued to him with respect to the subdivision covered by that application.
A.
Site plan application.
(1)
Site plan approval is now governed by N.J.S.A. 40:55D-40.4 and by the regulations published in the New Jersey Administrative Code, Title 5, Chapter 21, dated 1-6-1997. Application and review procedures are governed by N.J.A.C. 5:21-2. An applicant desiring to proceed with a site plan approval shall file with the Clerk, at least two weeks prior to the date of a regular meeting of the Board, the following documents:
(a)
Twelve completed copies of the Borough site
plan application form.
(b)
Twelve copies of any protective covenants, deed
restrictions or easements presently affecting the property.
(c)
Twelve copies of the preliminary plat of the
proposed site plan. A reproducible copy shall be submitted upon preliminary
approval.
(d)
Twelve copies of a key map.
(e)
A certification from the Borough Tax Collector
that no taxes or assessments for local improvements are due or delinquent
on the property for which the site plan application is made.
(f)
A certification from the State Department of
Environmental Protection, pursuant to N.J.S.A. 58:11-23 et seq., if
applicable.
(2)
The applicant shall have the right, before submitting a formal application hereunder, to request and obtain an informal conference before the Board as provided in § 219-59J.
(3)
The Board may waive any of the requirements of this
subsection in the event of an application for site plan approval by
a nonprofit or religious corporation or association.
B.
Application fee. The applicant shall submit to the Clerk, at the time of submission of an application for site plan approval, payment of the fee provided in § 219-60.
C.
Site plan details.
(1)
Preliminary site plan details shall include the following:
(a)
The site plan shall be clearly and legibly drawn
or reproduced, at a scale of not less than 50 feet to the inch, on
sheets of equal size and maximum size of 30 inches by 42 inches. It
shall be drawn and sealed by a land surveyor and/or professional engineer
licensed by the State of New Jersey. The site plan shall be designed
in compliance with the provisions of this section and shall contain
the following information.
(b)
Title block. The title block shall appear on
all sheets and include:
[1]
The title of the site plan.
[2]
The name, if any.
[3]
The Tax Map sheet, block and lot number(s) of
the tract as shown on the latest Borough Tax Map.
[4]
The acreage of the tract to the nearest tenth
of an acre.
[5]
The date (of the original and all revisions).
[6]
The names and addresses of the owner and applicant,
so designated.
[7]
A schedule shall be placed on the map indicating
the acreage of the tract, the zone, minimum required lot areas, setbacks,
yards and dimensions.
[8]
The name(s), signatures(s), address(es) and
license number(s) of the engineer and land surveyor who prepared the
map. (The plat shall bear the embossed seal of the engineer and land
surveyor.)
(c)
A key map, at a scale of one inch equals 2,000
feet, showing the location of the tract with reference to surrounding
areas, existing streets which intersect or border the tract, the names
of all such streets and any Borough boundary which is within 500 feet
of the site.
(d)
The names of all owners of and property lines
of parcels within 200 feet of the site, including properties across
the street, as shown by the most recent records of the Borough.
(e)
The plat shall be based on a current, certified
boundary survey. The date of the survey and the name of the person
making the same shall be shown on the map.
(f)
Existing one-foot interval contours based on
United States Coast and Geodetic Survey datum (MSL-O) shall be shown
extending a minimum of 100 feet beyond the boundary of the tract in
question and shall be certified by a New Jersey licensed surveyor
or professional engineer as to accuracy, except that where the slopes
exceed 5%, a two-foot interval may be used. The source of elevation
datum base shall be noted.
(g)
All existing streets, watercourses, floodplains,
floodways and flood areas within the proposed site and within 200
feet of the boundaries thereof, both the width of the paving and the
width of the right-of-way of each street and existing public easements.
(h)
All existing structures, an indication of those
which are to be destroyed or removed and the front, rear and side
yard dimensions of those to remain. Structures to be removed shall
be indicated by dashed lines; structures to remain shall be indicated
by solid lines.
(i)
The boundaries, nature and extent of wooded
areas and other important physical features, including swamps, bogs
and ponds, within the proposed site and within 200 feet thereof.
(j)
All proposed public easements or rights-of-way
and the purposes thereof and proposed streets within the proposed
site. The proposed streets shall show the right-of-way and proposed
pavement width.
(k)
The existing system of drainage of the site
and of any larger tract of which it is a part, together with information
on how it is proposed to dispose of surface drainage.
(l)
The acreage of the drainage arcs (or areas)
of each natural or man-made watercourse traversing the site, including
the area within the site and the area upstream from the site.
(m)
The North arrow and written and graphic scales.
(n)
A copy of any existing or proposed covenants
or deed restrictions applying to the site or certification that none
exist.
(o)
Utility layouts showing the methods of connections
and source of service.
(p)
The proposed location and area, in acres or
square feet, of all required or proposed open space areas.
(q)
Such other information or data as may be required
by the Joint Land Use Board in order to determine that the details
of the site plan are in accordance with the standards of the ordinances
of the Borough and all other general law.
(r)
On-site grading and drainage plan:
[1]
The plat shall show or be accompanied by a grading
and drainage plan which will show locations of all existing and proposed
drainage swales and channels, retention and recharge basins, the scheme
of surface drainage and other items pertinent to drainage, including
the approximate proposed grading contours at one-foot intervals, except
that, if slopes exceed 5%, a two-foot interval may be used.
[2]
The plan shall outline the approximate area
contributing to each inlet.
[3]
All proposed drainage shall be shown, with pipe
type and sizes, invert elevations, grades and direction of flow. The
direction of flow of all surface waters and of all watercourses shall
be shown.
[4]
The grading and drainage plan shall be accompanied
by drainage calculations made in accordance with standards set forth
herein.
(s)
Off-site drainage plan. The plat shall also
be accompanied by an off-site drainage plan prepared in accordance
with the following standards:
[1]
The plan shall consist of an outline of the
entire drainage basin in which the property is located. The terminus
of the basin and existing ground contours or other basins for determining
basin limits shall be shown.
[2]
Pertinent off-site existing drainage, which
receives or discharges runoff from or onto the site, shall be shown
with elevations of other appropriate physical data for open or nonpipe
conduits.
(t)
Profiles showing all proposed drainage, all
existing and proposed finished roadway grades, channel section details,
pipe sizes, type, inverts, road crowns and slopes and all other proposed
drainage structures and connections.
(u)
Sectionalization and staging plan. The plat
shall be accompanied by a sectionalization and staging plan if applicable,
showing the following. If the site plan is proposed to be constructed
in sections, the plan shall show each such section. The staging of
the various sections shall be such that, if development were to be
discontinued after the completion of any section, the developed portions
would be provided with adequate street drainage and utility systems.
The size and staging of each section shall be established to promote
orderly development and shall be subject to the approval of the Board.
During construction of the development, the developer shall fully
comply with the sectionalization and staging plan in accordance with
the preliminary approach. If, for any reason, the developer does not
fully comply with the approved sectionalization and staging plan,
no building permits shall be issued until such time as the developer
makes application to and receives approval from the Board for a revised
staging and sectionalization plan. The Board may modify the plan and
impose time restrictions or require the developer to construct the
development in accordance with an approved staging and sectionalization
plan.
(v)
The map must include certification for the signatures
of the Chairman, the Secretary and the Board Engineer.
(w)
The proposed spot or finished elevations at
all property corners, curb, corners of all proposed structures, first-floor
elevation of all proposed structures and those to remain, and drainage
arrows designating the direction of overland drainage flow and the
proposed use or uses of land and all structures.
(x)
Detailed utility layouts and cross sections
(sewers, water, gas, electric, telephone, etc.) showing feasible connections
to any existing or proposed utility systems; provided, however, that
detailed layouts of gas, electric and telephone lines are not required.
Layouts shall include the proposed location of fire hydrants. If private
utilities are proposed, they shall comply with all local, county and
state regulations.
(y)
The limits of all areas of proposed cuts and
fills, exclusive of excavations for basements, shall be clearly designated.
(z)
The method of sewage and solid waste disposal
shall be described.
(aa)
The distances measured along the right-of-way
lines of existing streets abutting the property to the nearest intersections
with other public streets.
(bb)
The vehicular circulation pattern on the site
and the means of ingress to and egress from the development, showing,
in particular, the size and location of driveways and curb cuts, walkways,
the proposed traffic channels, acceleration and deceleration lanes,
if any, and any other means of controlling vehicular and pedestrian
traffic.
(cc)
The location and design of any on-site parking
areas or loading areas, showing the size and location of spaces, bays,
aisles and barriers.
(dd)
The location, direction of illumination, height,
intensity and hours of operation of the existing or proposed outdoor
lighting, to be expressed in average horizontal footcandles.
(ee)
The location, size and type of directional,
regulatory or advisory signs or pavement markings.
(ff)
The location and use of existing structures
within 100 feet of the tract boundaries.
(gg)
The specific size and species of individual
existing mature trees of a size of six inches in diameter at breast
height (dbh) and masses of existing mature woodland [predominantly
trees greater than four inches in diameter at breast height (dbh)]
and any other significant natural vegetation or natural features.
The plans must indicate all existing mature vegetation to be preserved,
relocated (including the proposed location of transplanted trees)
or removed.
(hh)
The location of driveways within 100 feet of
the site boundaries.
(ii)
The location and type of garbage and refuse
disposal facilities.
(jj)
Soil erosion and sedimentation control plans
shall be submitted.
(kk)
Preliminary architectural plans and elevations
shall accompany the site plan submission.
(ll)
The locations and type of the nearest and/or
proposed fire hydrant.
(mm)
Sight triangles shall be provided and shown
on the plat as required by this chapter.
(nn)
The Board may waive any of the requirements
of this section of details specified to be shown on the site plan
in any given application if the Board determines that strict adherence
to the requirements or details would be superfluous or unduly burdensome
to the applicant and not in the best interest of the Borough. The
Board, in its discretion, may permit an applicant to use alternative
types of improvements where good cause is shown and where the proposed
type of improvement would at least be the equivalent of the improvement
standards in this chapter.
(oo)
A preliminary landscape plan. The plan shall
be prepared on a halftone copy of the Engineer's grading plan, showing
existing and proposed grades, and shall indicate the location and
spacing of shade trees, ornamental trees, evergreen trees, shrubs,
ground cover and lawn, utilizing different graphic symbols for each
which are representative of the size of the plant, within a period
of 10 years after installations, and shown to scale. The plan shall
include a planting schedule indicating the quantity, common name,
botanical name, installed size (including height and caliper for shade
and ornamental trees), root and quality for all proposed plantings.
The plan shall indicate the construction materials, location and size
of any berms, walls, fences, pavements or site amenities to be provided.
Then appropriate or required, a graphic section illustration at a
scale of one inch equals 10 feet or larger shall be provided to indicate
the effectiveness of proposed or existing materials as a buffer in
relation to the heights of the area being screened.
(pp)
The applicant shall detail what provisions are
to be incorporated in the site development with regard to access for
emergency and fire-fighting equipment and for fire safety.
(qq)
An environmental impact assessment shall be required where the property for which an approval is sought contains wetlands or is within 200 feet of wetlands. In addition, the Joint Land Use Board may require an environmental impact assessment in regard to any application before the Board. Where an environmental impact assessment is required, the applicant shall provide such a submission in accordance with the requirements of § 219-59H and the New Jersey Department of Environmental Protection. The environmental impact assessment shall be required to be prepared and submitted with the preliminary application, and the application may be deemed incomplete without it. In those cases where an impact statement is required by the New Jersey Department of Environmental Protection or other outside agency, a copy of the same shall be submitted to the Joint Land Use Board for review.
(2)
Final site plan details. The final site plan shall
be clearly and legibly drawn or reproduced at a scale of not less
than 50 feet to the inch on sheets of equal size and a maximum size
of 30 inches by 42 inches. It shall be drawn and sealed by a land
surveyor and/or professional engineer licensed by the State of New
Jersey. The final site plan shall conform to the preliminary site
plan as approved, shall be designed in compliance with the provisions
of this section in addition to the following:
(a)
Required documentation:
[1]
Wrightstown Municipal Utilities Authority approval.
[2]
Burlington County Planning Board approval, where
required.
[3]
State and/or federal regulatory agency approval,
as required.
[4]
Burlington County Conservation District approval,
where required.
[5]
Proof of payment of real estate taxes.
[6]
An affidavit setting forth the names and addresses
of all record title owners of the subject property included on the
site plan and the consent, in writing, of all such owners to the approval
of such site plan shall accompany the final plat or shall be shown
thereon.
[7]
Such other submittals as may be required by
federal, state or local law. If the Board agrees, final approval may
be granted conditioned upon the receipt of any necessary subsequent
approvals, but no approval signatures will be affixed to any plat
prior to obtaining any such required approvals. The Board may determine
a reasonable time for obtaining all such required approvals; and such
time in no case shall exceed one year. In the event that such required
approvals are not obtained within such time, the conditional approval
shall lapse, and submission of a new application will be necessary.
[8]
A written description of the proposed operations
in sufficient detail to indicate the effects of those operations in
producing traffic congestion, noise, glare, air pollution, fire hazards
or safety hazards; in addition, a description of the proposed number
of shifts, if shiftwork operation is contemplated, together with a
projection of the maximum number of employees per shift or, where
shiftwork is not contemplated, then a projection of the proposed hours
of operation for commercial use.
[9]
In the Pinelands Area, such other information
as may be required for compliance with the Pineland Comprehensive
Management Plan.
(b)
Planting details which conform with nursery
standard details.
(c)
Complete construction details for all structures,
including but not limited to manholes, inlets, headwalls, yard drains,
culverts, bridges and pumping stations.
(d)
A complete signage package plan or document
graphically indicating the dimensions, area, height, location, copy
and type for all existing and proposed signage to be erected in conjunction
with the proposed development.
D.
Submission of application. Upon receipt of an application for a site plan approval, together with the required supporting documents, and payment of the prescribed fee, the Clerk shall forthwith submit to the Secretary who shall submit one copy each of the application and supporting documentation to the Borough Engineer and to the Attorney for the Board for a report thereon to the Board. These reports shall be submitted to the Board at least two days prior to the meeting of the Board at which the application will be considered. These reports shall comment on the completeness of the application in conformity with this chapter and state whether the application is in compliance with all requirements of applicable laws and ordinances. The Engineer shall also advise as to the likelihood of off-tract improvements being required, and if such shall be the case, shall advise the Borough Council which shall then act pursuant to § 219-59C. The Secretary shall also place the application on the agenda of the Board meeting, next following 14 days from the date of submission of the complete application, and shall advise the applicant of such date. In the event that the Secretary determines that a literal compliance with the time requirements of this subsection, in the case of a site plan of 10 or fewer acres, will cause the application not to be considered by the Board within the 45 days of the submission of the application, the Secretary shall so advise the Board at its next meeting and the Board shall schedule a special meeting for consideration of the application within the forty-five-day period.
E.
County Planning Board. The applicant, where required, pursuant to N.J.S.A. 40:27-6.6, shall comply with the provisions of § 219-56F as same shall apply to a site plan.
F.
Initial Planning Board action. Prior to the meeting of the Board at which the application is to be first considered, a determination shall first be made if the application is complete. If it is determined that the application is incomplete, the Board shall immediately notify the applicant, in accordance with the provision of § 219-48N and O. If it is determined that the application is complete:
(1)
Site plan of 10 acres or less. The Board shall grant
or deny preliminary approval within 45 days of the date of submission
of the complete application or within such further time as may be
consented to in writing by the applicant if the application is for
approval of a site plan of 10 acres of land or less.
(2)
Site plan of more than 10 acres.
(a)
The Board shall grant or deny preliminary approval
within 95 days of the date of submission of the complete application
or within such further time as may be consented to in writing by the
applicant if the application is for approval of a site plan of more
than 10 acres.
(b)
Failure of the Board to act within the period
prescribed shall constitute site plan preliminary approval.
(c)
Whenever the Board shall grant approval subject
to conditions, a notation shall be made on the plat indicating that
"the approval of the site plan is subject to conditions as set forth
in the minutes of the Board."
(3)
Performance bond. The applicant shall not proceed
with installation of the required improvements until a performance
guaranty is posted therefor, and no building permits shall be issued
unless the required improvements have been completed and accepted
or a performance guaranty posted therefor.
H.
Final approval of site plans.
(1)
Conformance with standards. The Board shall grant
final approval if the detailed drawings, specifications and estimates
of the application for final approval conform to the standards established
by Wrightstown Borough ordinance and the conditions of preliminary
approval.
(2)
Time for approval. Final approval shall be granted
or denied within 45 days after submission of a complete application
to the Secretary or within such further time as may be consented to
in writing by the applicant. Failure of the Board to act within the
period prescribed shall constitute final approval and a certificate
of the Secretary as to the failure of the Board to act shall be issued
on request of the applicant. Such certificate shall be sufficient
in lieu of the written endorsement or other evidence of approval herein
required.
(3)
County Planning Board Approval. Whenever review or
approval of the application by the County Planning Board is required
by N.J.S.A. 40:27-6.6, the Borough Planning Board shall condition
any approval that it grants upon timely receipt of a favorable report
on the application by the County Planning Board or approval by the
County Planning Board by its failure to report thereon within the
required time period.
(4)
Conditions of approval. Whenever the Board shall grant
approval subject to conditions, a notation shall be made on the plat
indicating that "the approval of the site plan is subject to conditions
as set forth in the minutes of the Board."
I.
Effect of final approval of site plans.
(1)
The zoning requirements applicable to the preliminary approval first granted, and all other rights conferred upon the applicant pursuant to Subsection G, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the applicant has followed the standards prescribed for final approval, the Board may extend such period of protection for one year with no more than three such extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to Subsection G.
(2)
In the case of a site plan for 150 acres or more, the Board may grant the rights referred to in Subsection I(1) hereinabove for such period of time, longer than two years, as shall be determined by the 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 applicant may apply for thereafter, and the Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Board to be reasonable taking into consideration:
J.
Inspection fees. Before granting preliminary approval of an application for site plan, the Board shall require the applicant to deposit with the Borough the inspection fees provided in § 219-60 to compensate the Borough Engineer in performing an inspection of the sidewalk, curb, street and storm drainage improvements and other appropriate improvements. After approval, and after the applicant has initiated construction thereof, the Borough Engineer shall make the inspections and submit written reports with respect to the results of such inspections to both the Secretary of the Board and the applicant. Additionally, the Borough Engineer shall advise the Secretary and the applicant of his inspection fees. Thereafter the inspection fees shall be paid from the deposit. If the applicant should decide to permanently discontinue work on the site plan in question before its completion, he may make written application to the Board for the refund of the unencumbered portion of the deposit. Submission of this application shall constitute a waiver of all rights which may have accrued to him with respect to the site plan covered by that application.
K.
Requirement for site plan approval. Prior to the excavation,
grading or clearing of land for construction of, or issuance of any
permit by the Code Enforcement Official or Zoning Officer of the Borough
for any building, structure or use within the Borough with the exception
of a single-family detached dwelling in a residential zone, which
is intended to be used exclusively for residential purposes, site
plan approval for the proposed building, structure or use shall be
obtained from the Board. No certificate of occupancy shall be permitted
unless all construction and required improvements are completed in
conformity with the approved site plan.
A.
Conditional approvals.
(1)
In the event that the development proposed by an application
for subdivision or site plan requires an approval by a governmental
agency other than the Board, the Board shall, in appropriate instances,
condition its approval upon the subsequent approval of such governmental
agency, provided that the Board shall make a decision on any application
for development within the time period provided in this chapter or
within an extension of such period as has been agreed to by the applicant
unless the Board is prevented or relieved from so acting by the operation
of law.
(2)
In the event that a developer submits an application
for subdivision or site plan proposing a development that is barred
or prevented, directly or indirectly, by a legal action instituted
by any state agency, political subdivision or other party to protect
the public health and welfare or by a directive or order issued by
any state agency, political subdivision or court of competent jurisdiction
to protect the public health and welfare, the Board shall process
such application in accordance with this chapter and other applicable
regulations, and, if such application complies with this chapter and
such regulations, the Board shall approve such application conditioned
on removal of such legal barrier to development.
B.
Tolling of running of period of approval. In the event
that, during the period of approval, heretofore or hereafter granted
to an application for subdivision or site plan, the developer is barred
or prevented, directly or indirectly, from proceeding with the development,
otherwise permitted under such approval, by a legal action instituted
by any state agency, political subdivision or other party to protect
the public health and welfare or by a directive or order issued by
any state agency, political subdivision or court of competent jurisdiction
to protect the public health or welfare and the developer is otherwise
ready, willing and able to proceed with such development, the running
of the period of approval under this chapter shall be suspended for
the period of time legal action is pending or such directive or order
is in effect.
C.
Developer responsibilities for off-tract water, sewer,
drainage and street improvements. A developer, as a condition for
approval of a subdivision or site plan, shall pay his pro-rata share
of the cost of providing reasonable and necessary street improvements
and water, sewerage and drainage facilities, and easements therefor,
located outside the property limits of the subdivision or tract for
which site plan approval is requested, but necessitated or required
by construction or improvements within such subdivision or tract.
The Borough Council shall determine the reasonableness of and necessity
for such improvements and shall also determine such pro-rata share
as follows:
(1)
The total cost thereof shall be estimated by the Borough
Engineer.
(2)
The Borough Council shall next consider the circulation
plan and utility service plan elements of the Master Plan and shall
ascertain:
(3)
The Borough Council shall determine such pro-rata
share by establishing a ratio between the benefit accruing to the
proposed subdivision or site plan and the total benefit accruing by
reasons of improvements and/or facilities and applying it to the total
cost.
(4)
The final cost of the completed improvements and/or
facilities shall be ascertained by the Borough Engineer, who shall
advise the Borough Council and the developer of the final cost. The
estimated pro-rata share shall be modified by the actual final cost
and appropriate adjustments made.
(5)
The standards established to determine such pro-rata
share shall not be altered subsequent to preliminary approval to apply
to such subdivision or site plan.
(6)
Where a developer pays the amount determined as his
pro-rata share under protest, he shall institute legal action within
one year of such payment in order to preserve the right to a judicial
determination as to the fairness and reasonableness of such amount.
(7)
Such payment shall be made by a deposit of cash and
the developer shall agree to make additional payment upon determination
of the actual cost, if there be any. Such payment shall be made within
30 days of the determination of the Borough Council of the pro-rata
share.
(8)
The developer and the Borough Council may enter into
an agreement providing for payment of the full cost of the required
off-tract improvements by the developer with a provision for future
reimbursement for an agreed time as the improvements shall be utilized
by others.
(9)
The Borough Council shall act within the applicable
period for approval of the application by the Board, and the determination
of the Borough Council shall be binding upon the Board.
D.
Lots shall front on approved street. Every lot created
by a subdivision must front directly upon an approved street which
shall have a right-of-way of at least 33 feet. Access to an approved
street by easement shall not meet the requirements of this subsection
and shall only be permitted in the event that the requirement of this
subsection is waived by the approving authority. The narrow portion
of a flag lot that provides access from the approved street to the
portion of the lot on which the buildings may be erected shall have
a minimum width of 30 feet.
E.
Reservation of public areas.
(1)
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 subdivision or site plan, the Board may further require that such
streets, ways, basins or areas be shown on the plat in locations and
sizes suitable to their intended uses. The 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 approval of the final plat or within
such further time as may be agreed to by the developer. Unless, during
such period or extension thereof, the Borough has entered into a contract
to purchase or institute condemnation proceedings, according to law,
for the fee or a lesser interest in the land comprising such streets,
ways, basins or areas, the developer shall not be bound by such reservations
shown on the plat and may proceed to use such land for private use
in accordance with applicable development regulations. The provisions
of this section shall not apply to streets and roads, flood-control
basins, or public drainageways necessitated by the subdivision or
site plan and required for final approval. The developer shall be
entitled to just compensation for actual loss found to be caused by
such temporary reservation and deprivation of use. In such instance,
unless a lesser amount has previously been mutually agreed upon, just
compensation shall be deemed to be the fair market value of an option
to purchase the land reserved for the period of reservation; provided
that determination of such fair market value shall include, but not
be limited to, consideration of the real property taxes apportioned
to the land reserved and pro-rated for the period of reservation.
The developer shall be compensated for the reasonable increased cost
of legal, engineering or other professional services incurred in connection
with obtaining subdivision or site plan approval, as the case may
be, caused by the reservation.
(2)
In the event that the developer claims an entitlement
to such just compensation, he shall present a claim therefor to the
Board within 30 days after the Board has made such reservation. The
Board shall then advise the Borough Council of the claim and recommend
a just compensation figure. The Borough Council shall meet with the
developer in an attempt to agree upon such figure and the method of
payment. In the event that there is no such agreement, the Borough
Council shall set forth its position in a resolution and the developer
shall then be entitled to institute legal action for a judicial determination
as to the amount of just compensation and/or the method of payment.
In the event of agreement on such figure and the method of payment,
the Borough Council shall adopt a resolution memorializing the agreement
and implementing payment, and shall submit a copy of such resolution
to the developer and the Secretary.
F.
Certificates showing approval; contents.
(1)
The prospective purchaser, prospective mortgagee,
or any other person interested in any land which forms part of a subdivision,
or which formed part of such a subdivision on or before August 1,
1973, may apply in writing to the Secretary for the issuance of a
certificate certifying whether or not such subdivision has been approved
by the Board. Such application shall contain a diagram showing the
location and dimension of the land to be covered by the certificate
and the name of the owner thereof.
(2)
The Secretary shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor. The Secretary shall keep a duplicate copy of such certificate,
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record of his office.
(3)
Each such certificate shall be designated a "certificate
as to approval of subdivision of land," and shall certify:
(a)
That there exists in the Borough a duly established
Joint Land Use Board and whether there is an ordinance controlling
subdivision of land adopted under the authority of the Municipal Land
Use Law.
(b)
Whether the subdivision, as it relates to the
land shown in such application, has been approved by the Board, and,
if so, the date of such approval and any extensions and terms thereof.
(4)
The Secretary shall be entitled to demand and receive
for such certificate issued by him the fee established by N.J.S.A.
54:5-14 and 54:5-15. The fees so collected by the Secretary shall
be paid by him to the Borough.
G.
Guaranties required; surety; release.
(1)
Performance and maintenance guaranties required. Before
recording final subdivision plats or as a condition of final site
plan approval or as a condition to the issuance of a zoning permit,
the Board may require and Borough Council shall accept, in accordance
with the standards adopted by ordinance for the purpose of assuring
the installation and maintenance of on-tract improvements, the following:
(a)
A performance guaranty in favor of the Borough
in an amount equaling 120% of the cost, as estimated by the Borough
Engineer, of installation of improvements it may deem necessary or
appropriate, including: streets, grading, pavement, gutters, curbs,
sidewalks, streetlighting, shade trees, surveyor's monuments, as shown
on the final map and required by the Map Filing Law, 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, and public improvements of open
space land, in the case of site plans only, other on-site improvements
and landscaping.
(b)
Provisions for a maintenance guaranty to be
posted with the Borough Council for a period of two years after final
acceptance of the improvement, in an amount equaling 15% of the cost
of the improvement. In the event that other governmental agencies
or public utilities automatically will own the utilities to be installed
or the improvements are covered by a performance or maintenance guaranty
to another governmental agency, no performance or maintenance guaranty,
as the case may be, shall be required by the Borough for such utilities
or improvements.
(2)
Reduction of performance guaranty. The amount of any
performance guaranty may be reduced by the Borough Council, by resolution,
when portions of the improvements have been certified by the Borough
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 such body by resolution.
(3)
Performance by Borough. 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 Borough for the reasonable cost of the improvements not completed
or corrected and the Borough may, either prior to or after the receipt
of the proceeds thereof, complete such improvements.
(4)
Completion of improvements; inspection. When all of
the required improvements have been completed, the obligor shall notify
the Borough Council, in writing, by certified mail addressed in care
of the Borough Clerk of the completion of such improvements and shall
send a copy thereof to the Borough Engineer. Thereupon the Borough
Engineer shall inspect all of the improvements and shall file a detailed
report, in writing, with the Borough Council, 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.
(5)
Approval by Borough Council.
(a)
The Borough Council shall either approve, partially
approve or reject the improvements, on the basis of the report of
the Borough Engineer and shall notify the obligor, in writing, by
certified mail of the contents of such report and the action of the
Borough Council 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 Borough Council 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.
(b)
If any portion of the required improvements
is rejected, the 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.
(c)
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 the Borough Engineer.
(6)
Inspection fees. The obligor shall reimburse the Borough
for all reasonable inspection fees paid to the Borough Engineer for
the foregoing inspection of improvements.
H.
Environmental impact report.
(1)
Preparation of report. An environmental impact report
shall accompany all preliminary plats of major subdivisions of 11
or more lots or greater than 10 acres, whichever may apply, and site
plan applications for tracts of greater than 10 acres, in order to
provide the information needed to evaluate the effects of a proposed
development upon the environment. Such report shall include:
(a)
A description of the subdivision or site plan
which shall specify what is to be done and how it is to be done, during
construction and operation, as well as a recital of alternative plans
deemed practicable to achieve the objective.
(b)
An inventory of existing environmental conditions
at the project site and in the immediate surrounding region which
shall describe air quality, water quality, water supply, hydrology,
geology soils and properties thereof, including capabilities and limitations,
sewerage systems, topography, slope, vegetation, wildlife, habitat,
aquatic organisms, noise characteristics and levels, demography, land
use, aesthetics and history. Air and water quality shall be described
with reference to standards promulgated by the Department of Environmental
Protection of the State of New Jersey, and soils shall be described
with reference to criteria contained in the Burlington County Soil
Conservation District Standards and Specifications.
(c)
An assessment of the probable impact of the development upon all items set forth in Subsection H(1)(b) hereinabove.
[1]
All assessments made of the probable impact
of the subdivision or site plan shall be closely coordinated and in
harmony with the Wrightstown Borough NRI when it is completed. As
a direct result of the investigations made under the environmental
impact report, a listing shall be provided which shall be all-inclusive
stipulating the licenses, permits and approvals needed to be furnished
by state, county or municipal law. The status of these permits and
approvals shall also be included.
[2]
During the preparation of the impact report,
the applicant shall contact all concerned federal, state, county or
other municipal agencies or officials adjacent thereto or affected
by the proposed development. The report shall include, as a result
thereof, the conclusions and comments of all concerned governmental
officials and agencies. All relevant correspondence between the applicant
and these officials and agencies shall be included in the report.
(d)
A listing and evaluation of adverse environmental
impacts which cannot be avoided, with particular emphasis upon air
or water pollution, increase in noise, damage to natural resources,
displacement of people and businesses, displacement of existing farms,
increase in sedimentation and siltation and relevant increases in
municipal services. Off-site impact shall also be set forth and evaluated.
(e)
A description of steps to be taken to minimize
adverse environmental impacts during construction and operation, both
at the site and in the surrounding region. Such description shall
be accompanied by necessary maps, schedules and other explanatory
data which may be needed to clarify and explain the action to be taken.
The developer or his consultants in overall charge of the environmental
impact report shall include therein all steps that the applicant or
developer must undertake to successfully implement the report. Recommended
steps shall include a positive statement affirming the developer's
intent to undertake this work by using terms such as "shall be" and
"must."
(f)
A statement concerning any irreversible and
irretrievable commitment of resources which would be involved in the
proposed subdivision or site plan which might avoid some or all of
the adverse environmental effects, including a no-action alternative.
(2)
Submission of report; review by Borough. The Secretary
shall submit the environmental impact report to the Borough Environmental
Commission for review and report thereon to the Board. This report
shall be submitted to the Board at least two days prior to the meeting
of the Board at which the application will be considered. Upon completion
of all reviews and public hearing, the Board shall either approve
or disapprove the environmental impact report as a part of its underlying
function with respect to subdivision or site plan review. In reaching
a decision, the Board shall take into consideration the effect of
the applicant's proposed subdivision or site plan upon all aspects
of the environment as outlined above as well as the sufficiency of
applicant's proposals for dealing with any immediate or projected
adverse environmental effects.
(3)
Exceptions to requirements. Notwithstanding the foregoing,
the Board and Environmental Commission may, at the request of an applicant,
waive the requirement for an environmental impact report if sufficient
evidence is submitted to support a conclusion that the proposed development
will have a slight or negligible environmental impact. Portions of
such requirements may likewise be waived upon a finding that the complete
report need not be prepared in order to evaluate adequately the environmental
impact of a particular project.
(4)
Public and quasi-public projects. An environmental impact report as required herein shall also be submitted for all public or quasi-public projects unless such are exempt from the requirements of local law by supervening county, state or federal law and unless waived in accordance with the provisions of Subsection H(1)(c) herein.
I.
Filing of subdivision plats. No subdivision plat shall be submitted for filing to the County Clerk until it has been approved by the Board, as indicated on the instrument by the signature of the Chairman and Secretary of the Board, or a certificate has been issued pursuant to §§ 219-56G and 219-59F. The signatures of the Chairman and Secretary of the Board shall not be affixed until the developer has posted the guaranties required pursuant to § 219-59G. If the County Clerk records any plat without such approval, such recording shall be deemed null and void, and upon request of the Borough, the plat shall be expunged from the official records, pursuant to statute.
J.
Informal conference prior to submission.
(1)
Any person intending to submit an application for
subdivision or site plan approval before the submission of the complete
application, as appropriate, may request, at least two weeks before
a regularly scheduled meeting of the Board, of the Secretary an informal
conference and discussion with the Board in order to advise the Board
of the general nature and conceptual approach of the proposed subdivision
or site plan and to enable the Board to preliminarily express its
views on any area of concern. There shall be no charge to such person
for this informal hearing and discussion.
(2)
Any plans or other relevant documents should be simultaneously
presented to the Board in this informal process, whether or not such
plans may meet the requirements set forth in this chapter.
(3)
This provision shall be understood in accordance with
its purpose, which is to encourage informal discussion of proposed
plans for development prior to expenditures of time and money on the
part of both an applicant and the Board in order to permit the Board
to appropriately act within the prescribed time limitations.
K.
Fees.
(1)
The applicant, when required by the provisions of this chapter, shall pay to the Clerk fees as set forth in § 219-60.
(2)
Miscellaneous provisions.
(a)
The Board may waive any or all of any fee established
herein if the applicant is a nonprofit or religious corporation or
association.
(b)
All processing fees shall be nonrefundable.
(c)
Each technical review fee shall be adjusted
to reflect the actual time required for review multiplied by the rate
established in the schedule of professional fees adopted annually
by the Borough Council, to the end that should there be any amount
unexpended for professional review of an application, the unexpended
balance shall be refunded to the applicant, and further, that should
the fee deposited be insufficient to satisfy the expenses of professional
review, the applicant shall be required to deposit such additional
funds as may be determined to be proper by the Board in order to satisfy
such expenses.
(d)
An applicant shall also make payment of any
fees required by any other governmental bodies.
L.
Checklist for land subdivision and site plan review.
At the time the applicant is furnished with the application for land
subdivision and/or site plan approval, he shall be supplied with a
checklist which shall set forth the specific documents that are required
to be filed at the time of the submission of the application. Each
checklist requirement shall be in accordance with the provisions of
the ordinances as set forth previously.
M.
Determination of completeness of application. An application
for land subdivision and/or site plan review approval shall be complete
for purposes of commencing the applicable time period for action by
the Board when so certified by the Board or its authorized committee
or designee. In the event that the Board or its authorized committee
or designee does not certify the application to be complete within
45 days of the date of its submission, the application shall be deemed
complete upon the expiration of the forty-five-day period for purposes
of commencing the applicable time period unless the application lacks
information indicated on the checklist set forth above which is provided
to the applicant, and the Board or its authorized committee or designee
has notified the applicant, in writing, of the deficiencies in the
application within 45 days of the submission of the application. The
applicant may request that one or more of the submission requirements
be waived, in which event the Board's authorized committee or designee
shall grant or deny the request within 45 days. Nothing herein shall
be construed as diminishing the applicant's obligation to prove in
the application process that he is entitled to approval of the application.
The Board may subsequently waive correction of any information found
to be in error and submission of additional information not specified
in the ordinance or any revisions in the accompanying documents, as
are reasonably necessary to make an informed decision as to whether
the requirements necessary for the approval of the application have
been met. The application shall not be deemed incomplete for lack
of any such additional information or any revisions in the accompanying
documents as required by the Board.
N.
Memorialization of decision of the Board. The Board
shall include the findings of fact and conclusions based thereon in
each decision on any application presented to it and shall reduce
the decision to writing. The Board shall provide the findings and
conclusions through:
(1)
A resolution adopted at a meeting held within the
time period provided for in the Municipal Land Use Law for action
by the Board on the application; or
(2)
A memorializing resolution adopted at a meeting held
not later than 45 days after the date of the meeting at which the
Board voted to grant or deny approval. Only the members of the Board
who voted for the action taken may vote on the memorializing resolution,
and the vote of a majority of such members present at the meeting
at which the resolution is presented for adoption shall be sufficient
to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9,
resulting from the failure of a motion to approve an application,
shall be memorialized by resolution as provided above, with those
members voting against the motion for approval being the members eligible
to vote on the memorializing resolution. The vote on any such resolution
shall be deemed to be a memorialization of the action of the Board
and not to be an action of the Board; however, the date of the adoption
of the resolution shall constitute the date of the decision for purposes
of the mailings, filing and publications required by N.J.S.A. 40:55D-10.
If the Board fails to adopt a resolution or memorializing resolution
as hereinabove specified, any interested party may apply to the Superior
Court in a summary manner for an order compelling the Board to reduce
its findings and conclusions to writing within a stated time and the
costs of the application, including attorney's fees, shall be assessed
against the Borough.
A.
Development review fees.
(1)
The developer shall, at the time of filing an application
for the development, pay a nonrefundable application fee by certified
check, cash or bank money order and a separate escrow fee by certified
check, cash or bank money order to the Borough of Wrightstown as set
forth in the following schedule, with the exception that one nonbinding
informal discussion or one informal filing and discussion of a concept
plan with the Joint Land Use Board shall be free of charge.
(2)
The application charge is a flat fee to cover administrative
expenses and is nonrefundable. The escrow account is established to
cover the costs of professional services, including engineering, planning,
legal and other expenses connected with the review of the submitted
materials, including any traffic engineering review or other special
analysis related to the Borough's review of the submitted materials,
or any necessary studies regarding off-tract improvements. Sums not
utilized in the review process shall be returned to the applicant
within 15 days of the issuance of a certificate of occupancy for the
development. If additional sums are deemed necessary, the applicant
shall be notified of the required additional amount and shall add
such sum to the escrow within 15 days; should the applicant not add
such sum to the escrow within said 15 days, the applicant shall indicate
in writing, prior to any further consideration of the application
by the Borough, why such sum is not being paid.
(3)
Where one application for development includes several
approval requests, the sum of the individual required application
and escrow fees shall be paid.
(4)
Each applicant for subdivision or site plan approval
shall agree to pay all reasonable costs for professional review of
the application and for inspection of the improvements. All such costs
for review must be paid before any approved plat, plan or deed is
signed and all inspection fees must be paid before and construction
permit is issued, and all remaining costs must be paid in full before
any occupancy of the premises is permitted or certificate of occupancy
issued. Payment of any bill rendered by a professional to the municipality
with respect to any service for which the municipality is entitled
to reimbursement under this chapter shall in no way be contingent
upon receipt of reimbursement by the applicant, nor shall any payment
to a professional be delayed pending reimbursement from an applicant.
(5)
The Certified Municipal Finance Officer shall maintain
an itemized account for each application and shall supply a copy of
the account to an applicant upon request. The Finance Officer of the
Borough shall periodically advise the Administrative Officer of the
balance of all escrow accounts and when additional funds are required.
It shall be the obligation of the Administrative Officer to notify
the applicant of the amount needed and to notify the Joint Land Use
Board of any refusal or failure to properly make any payment required.
(6)
If an applicant desired a court reporter, the cost
for taking testimony and transcribing it and providing a copy of the
transcript to the Borough shall be at the expense of the applicant
who shall arrange for the reporter's attendance.
B.
Subdivisions.
[Amended 4-9-2003 by Ord. No. 2003-1]
|
Application Charge
|
Escrow Account
| |||||
|---|---|---|---|---|---|---|
|
(1)
|
Minor subdivision plat
|
$75.00
|
$500.00 per lot
| |||
|
(2)
|
Preliminary major subdivision plat
|
$200.00
|
$3,300.00, plus $200.00 per lot
| |||
|
(3)
|
Final major subdivision plat
|
$150.00
|
$1,500.00 plus $150.00 per lot
| |||
|
(4)
|
Informal concept
| |||||
|
Minor subdivision
|
No charge
|
$1,000.00 (if professional review is requested)
| ||||
|
Major subdivision
|
$50.00
|
$1,000.00 (if professional review is requested)
| ||||
|
(5)
|
Amended preliminary major and/or final major
subdivision plat
|
$150.00
|
$500.00
| |||
|
(6)
|
Extension and reapprovals
| |||||
|
(a)
|
Extension of preliminary approval
|
$150.00
|
$500.00
| |||
|
(b)
|
Extension of final approval
|
$150.00
|
$500.00
| |||
|
(c)
|
Resubdivision of final plat
|
$150.00
|
$500.00
| |||
|
(7)
|
Tax Map revision fee.
|
|
Number of Lots
|
Cost per Lot
| ||||
|---|---|---|---|---|---|
|
1 to 5
|
$80.00
| ||||
|
6 to 20
|
$55.00
| ||||
|
21 to 50
|
$40.00
| ||||
|
Greater than 50
|
$30.00
| ||||
C.
Site plans.
[Amended 4-9-2003 by Ord. No. 2003-1; 7-9-2008 by Ord. No. 2008-07; 8-13-2008 by Ord. No. 2008-11]
|
Application Charge
|
Escrow Account
| ||||
|---|---|---|---|---|---|
|
(1)
|
Minor site plan
|
$75
|
$1,925
| ||
|
(2)
|
Preliminary major site plan
|
$200
|
$1,800 plus $300 per acre or fraction thereof,
plus $0.30 per square foot of nonresidential space, or $1,800 plus
$100 per dwelling unit (residential)
| ||
|
(3)
|
Final major site plan
|
$150
|
$1,350 plus $150 per acre or fraction thereof,
plus $0.15 per square foot of nonresidential space, or $1,350 plus
$50 per dwelling unit (residential)
| ||
|
(4)
|
Informal concept site plan
|
Application required; no fee
|
$1,000 (if professional review is requested)
| ||
|
(5)
|
Amended preliminary major and/or final major
site plan
|
$150
|
$500
| ||
|
(6)
|
Extensions:
| ||||
|
(a)
|
Extension of preliminary or final site plan
|
$150
|
$500
| ||
D.
Variances.
[Amended 7-9-2008 by Ord. No. 2008-07; 8-13-2008 by Ord. No.
2008-11]
|
Application Charge
|
Escrow Account
| |||
|---|---|---|---|---|
|
(1)
|
Interpretation (N.J.S.A. 40:55D-70, Subsection
b)
|
$50
|
$500
| |
|
(2)
|
Bulk (N.J.S.A. 40:55D-70, Subsection c)
|
$50
|
$500
| |
|
(3)
|
Use and others (N.J.S.A. 40:55D-70, Subsection
d)
|
$100
|
$1,500
| |
|
(4)
|
Conditional use
|
$100
|
$1,500
| |
|
(5)
|
Change of zone
|
$100
|
$1,500
| |
|
(6)
|
Street vacation
|
$100
|
$800
|
E.
Certified list of property owners.
|
Application Charge
|
Escrow Account
| ||
|---|---|---|---|
|
Certified list of property owners
|
$0.25/name or $10, whichever is greater
|
None required
|
F.
Copy of minutes, transcripts or decisions.
|
Application Charge
|
Escrow Account
| ||
|---|---|---|---|
|
Copy of minutes transcripts or decisions
|
$1.00/page for first copy of said
page, plus $0.25/copy for each additional copy of said page.
|
None required
|
G.
Inspection costs for on-site and off-site bonded improvements;
escrow fees.
(1)
The required inspection escrow fee shall be posted
prior to the commencement of any construction.
(2)
At least one week prior to the beginning of construction
or installation of any required improvements, the developer shall
notify the Borough Engineer in writing of the developer's intention
to commence such work. All improvements and utility installations
shall be inspected during the time of their installation by the Borough
Engineer or his designee to ensure satisfactory completion, and no
underground installation shall be covered until inspected by the Borough
Engineer or his designee. The cost of all inspections shall be the
responsibility of the developer and he shall deposit the necessary
inspection fee with the Joint Land Use Board Secretary upon making
application for final approval under this chapter or prior to the
start of any construction, whichever shall first occur. The inspection
fee shall be in addition to the amount of any required performance
or maintenance guaranties and shall consist of a sum equal to the
following:
|
Total Cost of Improvements
|
Escrow Deposits
| |
|---|---|---|
|
$0 to $50,000
|
6% of the amount, minimum $500
| |
|
$50,001 to $100,000
|
$3,000, plus 5% of amount in excess of $50,000
| |
|
$100,001 to $250,000
|
$5,000, plus 4% of amount in excess of $100,000
| |
|
More than $250,000
|
$9,500, plus 3% of amount in excess of $250,000
|
(3)
This fee shall be held in reserve by the Borough and
used to pay the costs of inspecting the construction. It shall be
the obligation of the developer to pay for the actual costs of inspecting
the construction. Any excess moneys shall be remitted to the developer
upon approval of all improvements as provided herein. Any additional
inspection costs shall be paid by the developer prior to the approval
of the improvements by the governing body, as provided for herein.
(4)
The required guaranties shall be posted with the Borough
Clerk prior to the signing of the final plat, the issuance of any
building permits or the commencement of any construction.
(5)
In the event that final approval of a development
has been granted in stages or sections and hence the construction
of the required improvements is to be undertaken in stages or sections,
bonding and inspection of improvements shall also be in stages of
sections.
(6)
The minimum inspection cost shall be $500. The inspection
fee may be utilized to pay any engineering, legal or other professional
fees incurred by the Borough in regard to the developer's obligation
to properly install site improvements.
(7)
For those developments for which the reasonably anticipated
fees are less than $10,000, fees may, at the option of the developer,
be paid in two installments. The initial amount deposited by a developer
shall be 50% of the reasonable anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid to the Borough Engineer for inspection, the developer shall deposit
the remaining 50% of the anticipated inspection fees.
(8)
For those developments for which the reasonably anticipated
fees are $10,000 or greater, fees may, at the option of the developer,
be paid in four installments. The initial amount deposited by a developer
shall be 25% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid to the Borough Engineer for inspections, the developer shall
make additional deposits of 25% of the reasonably anticipated fees.
(9)
The Municipal Engineer shall not perform any inspection
if sufficient funds to pay for those inspections are not on deposit.
H.
Resolution preparation (escrow fee). Escrow fees shall
be posted by the applicant to be drawn upon for resolution preparation.
The resolution preparation fee is in accord with the attorney fee
agreement on file with the Board Secretary.
[Amended 7-9-2008 by Ord. No. 2008-07; 8-13-2008 by Ord. No.
2008-11]
I.
Depositories and interest.
(1)
All escrow fees paid and described herein shall be
placed in an escrow account to be utilized by the Borough to pay for
any fees it may incur through the use of its Attorney or Engineer
in reviewing or preparing documents concerning the subject application.
That portion of the escrow which remains unused after complete action
has been taken on the application shall be returned to the applicant.
The applicant shall be responsible for payment for any legal or engineering
fees incurred by the Board in regard to the subject application and
which are in excess of the escrow amount paid by the applicant.
(2)
Whenever the escrow fees paid and described herein
shall exceed $5,000, it shall be deposited in a banking institution
or savings and loan association in this state, insured by an agency
of the federal government, or in any other fund or depository approved
for such deposits by the State of New Jersey in an account bearing
interest at the minimum rate currently paid by the institution or
depository on time or savings deposits. The treasurer shall notify
the applicant, in writing, of the name and address of the institution
or depository in which the deposit is made and the amount of the deposit.
If the amount of interest earned on the deposit exceeds $100, the
entire amount shall belong to the applicant and shall be refunded
to him by the Borough on an annual basis or at the time the deposit
is repaid or applied for the purpose it was deposited; provided, however,
that the Borough may retain for administrative expenses a sum equivalent
to no more than 33 1/3% of the entire amount which shall be in
lieu of all other administrative and custodial expenses. In the event
that the interest paid on a deposit for a year does not exceed $100,
the same is to be retained by the Borough.
J.
Performance guaranties. Whenever any performance guaranty
required for development is deposited in cash or by certified check
and is in excess of $5,000, it shall continue to be the property of
the applicant and held in trust by the Borough until it is repaid
or applied to the purposes for which it was deposited. The money so
received shall be held in escrow and deposited in a banking institution
or savings and loan association in this state, insured by an agency
of the federal government, or in any other fund or depository approved
for such deposits by the State of New Jersey in an account bearing
interest at the minimum rate currently paid by the institution or
depository on time or savings deposits. The Treasurer shall notify
the applicant, in writing, of the name and address of the institution
or depository in which the deposit is made and the amount of the deposit.
If the amount of interest earned on the deposit exceeds $100, that
entire amount shall belong to the applicant and shall be refunded
to him by the Borough on an annual basis or at the time the deposit
is repaid or applied for the purpose it was deposited; provided, however,
that the Borough may retain for administrative expenses a sum equivalent
to no more than 33 1/3% of the entire amount which shall be in
lieu of all other administrative and custodial expenses. In the event
that the interest paid on a deposit for a year does not exceed $100,
the same is to be retained by the Borough.
K.
Exemption from payment of fees. In accordance with
N.J.S.A. 40:55D-8, any philanthropic, fraternal and religious nonprofit
organizations holding a tax-exempt status under the Federal Internal
Revenue Code of 1954 are hereby exempt from the payment of any fees
charged under this chapter by virtue of the provisions of N.J.S.A.
40:55D-1 et seq., except that such organization shall be responsible
for the payment of the actual engineering fees, planning fees, and
legal fees incurred by the Borough Joint Land Use Board in regard
to an application by such organization.
[Amended 7-9-2008 by Ord. No. 2008-07; 8-13-2008 by Ord. No.
2008-11]
A.
Conformance with requirements and principles. The
applicant shall observe the requirements and principles of land subdivision
and site plan development in the design of each minor or major subdivision
or portion thereof for site plan development in a manner also conforming
with other ordinances of the Borough, as well as the Borough land
subdivision and site plan design standards code.
B.
General. Any minor or major subdivision or site plan
shall demonstrate conformance to design standards that will encourage
sound development patterns within the Borough. Where either an Official
Map or Master Plan have been adopted, the subdivision or site plan
shall conform to the proposals and conditions shown thereon. The streets,
drainage rights-of-way, school sites, public parks and playgrounds,
scenic sites, historic sites and flood-control basins shown on the
officially adopted master plan or official map shall be considered
in the approval of subdivision plats and site plans. In accordance
with good subdivision design practices, extreme deviations from rectangular
lot shapes and straight lot lines shall not be allowed unless made
necessary by special topographic conditions or other special conditions
acceptable to the Board. All improvements shall be installed and connected
with existing facilities, or installed in required locations to enable
future connections with approved systems or contemplated systems,
and shall be adequate to handle all present and probable future development.
C.
Adoption of code.
(1)
A code for the establishment of standards required
for subdivision and site plan development design, including design
standards regulating streets, blocks, lots, natural features and shade
trees, topsoil protection, monuments, street signs and lights, curbs,
sidewalks and driveways, is hereby established for the Borough of
Wrightstown.
(2)
As required by N.J.S.A. 40:49-5.2, three copies of
such code shall be on file in the office of the Borough Clerk and
is hereby adopted and incorporated as if fully set forth herein.
(3)
The code herein adopted may be cited and referred
to as the "Land Subdivision and Site Plan Design Standards Code of
the Borough of Wrightstown."
Issuance. No certificate of occupancy shall
be issued with respect to any application for development unless and
until the Borough Engineer certifies in writing to the Board and Code
Official that but for final overlay of road paving, all on-site and
off-site requirements as detailed on the final plan or as made a part
of any resolution approving a final plan of development have been
installed and appropriate maintenance guaranties are on file with
the Clerk of the Borough.
