A. 
In the event that development proposed by an application for subdivision or site plan requires an approval by a governmental agency other than the Planning Board, the Planning Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the city 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 Planning Board is prevented or relieved from so acting by the operation of law.
B. 
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 Planning 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 Planning Board shall approve such application conditioned on removal of such legal barrier to development.
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 said development, the running of the period of approval under this chapter shall be suspended for the period of time said legal action is pending or such directive or order is in effect.
A developer, as a condition for approval of a subdivision or site plan, shall pay his pro rata share of the cost of providing only reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the subdivision or tract for which site plan approval is requested but necessitated or required by construction or improvements within such subdivision or tract. The City Commission shall determine the reasonableness of and necessity for such improvements and shall also determine such pro rata share as follows:
A. 
The total cost thereof shall be estimated by the City Engineer.
B. 
The City Commission shall next consider the circulation plan and utility service plan elements of the Master Plan and shall ascertain:
(1) 
The benefit accruing to the proposed subdivision or site plan by the improvements and/or facilities; and
(2) 
The benefit accruing to lands outside of the property limits of the subdivision or tract.
C. 
The City Commission shall determine said 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 the improvements and/or the facilities and applying it to the total cost.
D. 
The final cost of the completed improvements and/or facilities shall be ascertained by the City Engineer who shall advise the City Commission and the developer of the final cost. The estimated pro rata share shall be modified by the actual final cost and appropriate adjustments made.
E. 
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.
F. 
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.
G. 
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 by the City Commission of the pro rata share.
H. 
The developer and the City Commission 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.
I. 
The City Commission shall act within the applicable period for approval of the application by the Planning Board, and the determination of City Commission shall be binding upon the Planning Board.
A. 
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 Planning 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 Planning Board may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one year after the approval of the final plat or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the city shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to streets and roads, flood control basins or public drainageways necessitated by the subdivision or site plan and required for final approval.
B. 
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 prorated 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.
C. 
In the event that the developer claims an entitlement to such just compensation, he shall present a claim therefor to the Planning Board within 30 days after the Planning Board shall have made such reservation. The Planning Board shall then advise the City Commission of the claim and recommend a just compensation figure. The City Commission shall meet with the developer in an attempt to agree upon said figure and the method of payment. In the event that there is no such agreement, the City Commission 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 said figure and the method of payment, the City Commission shall adopt a resolution memorializing the agreement and implementing payment and shall submit a copy of such resolution to the developer and the Secretary.
A. 
The Planning Board, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of these provisions for subdivision review, if the literal enforcement of one or more provisions is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
B. 
The Planning Board shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the Planning Board or the Planning Board being required to hold further hearings. The longest time period for action by the Planning Board, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this section notice of the hearing on the plat shall include reference to the request for such conditional use.
A. 
The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision or which formed part of such a subdivision 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 Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
B. 
The 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 each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.
C. 
Each such certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:
(1) 
Whether there exists in said city a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2) 
Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof.
D. 
The Secretary shall be entitled to demand and receive for such certificate issued by him the fees 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 city.
[Amended 7-9-2018 by Ord. No. 2018-14]
A. 
Required guarantees; surety.
(1) 
For the purpose of assuring the installation and maintenance of bondable land development improvements, as a condition of all final site plan, subdivision, and zoning permit approvals, the Board or Zoning Officer shall require, as appropriate, and the Board of Commissioners shall accept, in accordance with the standards adopted hereinafter.
(a) 
The furnishing of a performance guarantee in favor of the City in an amount not to exceed 120% of the cost of improvements required by an approval or developer's agreement, ordinance, or regulation to be dedicated to a public entity, and that have not yet been installed. The performance guarantee shall also include, within an approved phase or section of a development, privately owned perimeter buffer landscaping, as required by local ordinance or imposed as a condition of approval.
(b) 
Cost shall be determined by the City Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4. At the developer's option, a separate performance guarantee may be posted for the privately owned perimeter buffer landscaping. The City Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.
(c) 
The furnishing of a maintenance guarantee in favor of the City in an amount not to exceed 15% of the cost of the improvement, which cost shall be determined by the City Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 for any and all bondable items as permitted therein.
(d) 
The furnishing of a temporary certificate of occupancy guarantee in the amount of 120% of the cost of installing the remaining improvements which are not covered by a performance guarantee and are required to be completed before the issuance of a permanent certificate of occupancy. The scope and amount of such a guarantee will be determined by the City Engineer.
(e) 
The furnishing of a safety and stabilization guarantee to return the property to a safe and stable condition or to otherwise implement measures to protect the public from access to an unsafe or unstable condition. The amount of such a guarantee shall be $5,000 where the overall bonded improvements are $100,000 or less. Where the overall bonded improvements are $100,000 or more, then the City Engineer shall calculate the bond amount in accord with the following: $5,000 for the first $100,000 of bonded improvement costs, plus 2.5% of bonded improvement costs in excess of $100,000 up to $1,000,000, plus 1% of bonded improvement costs in excess of $1,000,000.
B. 
Other governmental agencies.
(1) 
In the event that other governmental agencies or public utilities will automatically own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the City for such utilities or improvements.
C. 
Failure to perform; municipal completion.
(1) 
If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the City for the reasonable cost of the improvements not completed or corrected, and the City may either prior to or after the receipt of the proceeds thereof complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.
D. 
Conformance with municipal standards.
(1) 
All improvements shall be in accordance with the design standards of the City Code or as authorized by a design exception granted by the reviewing board and shall be subject to inspection and approval by the Municipal Engineer. The Municipal Engineer shall be notified 24 hours prior to the start of the various phases of the work, and if discontinued, shall again be notified when the work will be continued.
E. 
Release or reduction of performance guarantee.
(1) 
Upon substantial completion of all required improvements, the obligor may request of the governing body, in writing, by certified mail addressed in care of the City Clerk, that the City Engineer prepare, in accordance with the itemized cost estimate prepared by the City Engineer and appended to the performance guarantee pursuant to this chapter, a list of all uncompleted or unsatisfactorily completed improvements. If such a request is made, the obligor shall send a copy of the request to the City Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the City Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Board of Commissioners, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
(2) 
The list prepared by the City Engineer shall state, in detail with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the City Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to this chapter.
(3) 
The Board of Commissioners, by resolution, shall either accept the improvements determined to be complete and satisfactory by the City Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction or release to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate, prepared by the City Engineer and appended to the performance guarantee pursuant to this chapter. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the City Engineer: Upon adoption of the resolution by the Board of Commissioners, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those accepted improvements, except for that portion sufficient to secure completion or correction of the improvements not yet accepted; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements. If any portion of the required improvements is rejected, the City shall require the obligor to complete or correct such improvements, and, upon completion or correction, the same procedure of notification, as set forth in this section, shall be followed.
F. 
Release or reduction of performance guarantee.
(1) 
The obligor shall reimburse the City for all reasonable inspection fees paid to the City Engineer for the foregoing inspection of improvements; provided that the municipality may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $270 or 5% of the cost of improvements, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.
G. 
Phasing in sections.
(1) 
In the event that final approval is by stages or sections of development pursuant to Subsection a of Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.
H. 
Dedication and acceptance.
(1) 
To the extent that any of the improvements have been dedicated to the City on the subdivision plat, site plan and/or zoning permit, the municipality shall be deemed, upon the release of any performance guarantee required hereunder, to accept dedication for public use any improvements made thereunder, provided that such improvements have been inspected and have received final approval by the City Engineer.
A. 
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 shall provide the information needed to evaluate the effects of a proposed development upon the environment and shall include data and be distributed, reviewed and passed upon as follows:
(1) 
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.
(2) 
When the City of Bordentown has completed a Natural Resources Index (NRI), as provided by N.J.S.A. 40:56A-2, the applicant may use data from the NRI relevant to the subdivision or site plan, including maps and text.
(3) 
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; and 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.
(4) 
An assessment of the probable impact of the development upon all items set forth in Subsection A(3) above. All assessments made of the probable impact of the subdivision or site plan shall be closely coordinated and in harmony with the City of Bordentown 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. 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 apropos correspondence between the applicant and these officials and agencies shall be included in the report.
(5) 
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 relevent increases in municipal services. Off-site impact shall also be set forth and evaluated.
(6) 
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 to be accompanied by necessary maps, schedules and other explanatory data as may be needed to clarify and explain the action to be taken. The developer or its 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 must include a positive statement affirming the developer's intent to undertake this work by using terms "shall be," "must," etc.
(7) 
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.
B. 
The Secretary shall submit the environmental impact report to the City of Bordentown Environmental Commission for review and report thereon to the Planning Board. This report shall be submitted to the Planning Board at least two days prior to the meeting of the Planning Board at which the application will be considered. Upon completion of all reviews and public hearing, the Planning 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 Planning Board shall take into consideration the effect of applicant's proposed subdivision or site plan upon all aspects of the environment as outlined above as well as the sufficiency of the applicant's proposals for dealing with any immediate or projected adverse environmental effects.
C. 
Notwithstanding the foregoing, the Planning 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.
D. 
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 Subsection C.
No subdivision plat shall be submitted for filing to the County Clerk until it has been approved by the Planning Board as indicated on the instrument by the signature of the Chairman and Secretary of the Planning Board or a certificate has been issued pursuant to §§ 244-11, 244-22B, C and D and 244-45. The signatures of the Chairman and Secretary of the Planning Board shall not be affixed until the developer has posted the guaranties required pursuant to § 244-46. If the County Clerk records any plat without such approval, such recording shall be deemed null and void, and, upon request of the City, the plat shall be expunged from the official records, pursuant to statute.
[Added 11-8-2004 by Ord. No. 2004-25[1]]
A. 
Prior to being heard by the Board, all applications, whether for preliminary, final, general development plan, conditional use, minor site plan, site plan waiver request, subdivision or change of use approval, shall be presented to the Development Review Committee for review. This Committee shall also review, on an as-requested basis, development concepts and provide assistance on matters related to development as may be requested by City staff.
B. 
Conduct of the Development Review Committee meeting.
(1) 
The Development Review Committee meeting is a working session between the Committee and the applicant. The meeting is used to provide the applicant with a comprehensive review of his or her application, to provide insight as to the deficiencies of the plan and to offer suggestions and recommendations for the improvement of said plan, to analyze the application to help in determining completeness and to comment on the acceptability of the proposed plan. It is not a public hearing and need not be advertised. It is not a formal review, and no minutes will be kept nor action taken. The meeting shall be chaired by the Board Chairman or a designee thereof.
(2) 
Attendance by the applicant and/or his representatives is mandatory.
(3) 
The members of the Development Review Committee will review the development application for conformance with applicable development regulations and standards, determine the appropriateness of the proposed development to the site in question and review with the applicant reports submitted by the Planning Board's professionals related to the proposed development.
C. 
Generally, no application shall be forwarded to the Planning Board until and unless outstanding issues, other than those for which a variance or design waiver is requested, are resolved.
[1]
Editor's Note: This ordinance also repealed former § 244-49, Informal conference prior to submission of plans.
[Amended 11-13-1995 by Ord. No. 1995-18]
The applicant, when required by provisions of this chapter, shall pay to the Clerk fees in accordance with Chapter 37, Fees and Licenses.