Township of East Hanover, NJ Article VA Site Development Permit

[Added 10-6-1994 by Ord. No. 26-1994]

§ 95-33.1 Definitions.

The following terms, whenever used herein, shall have the respective meanings assigned to them, unless a different meaning clearly appears from the context:

DEVELOPER'S AGREEMENT

That agreement entered into between a developer and the Township of East Hanover concerning a specific site within the Township.

DIRECTOR OF LAND USE

The Director of Land Use of the Township of East Hanover.

PERSON

An individual, partnership, association, corporation or any other entity.

SITE IMPROVEMENT

Any work above, on or below ground which in any way alters an existing site condition.

TOWNSHIP ENGINEER

The Township Engineer of the Township of East Hanover as appointed by the Township Council.

§ 95-33.2 Permit required.

A. No person shall construct, excavate or undertake any site improvements, nor do any work of any kind upon a site that is subject to a site plan or subdivision approval unless a site development permit shall have been issued therefor.

B. No person shall permit, allow or cause any construction, excavation or the undertaking of any site improvements, nor any work of any kind upon a site that is subject to a site plan or subdivision approval unless a site development permit shall have been issued therefor.

§ 95-33.3 Filing of application; additional documents; fees and deposits.

A. All applications for site development permits shall be filed in duplicate with the Director of Land Use on forms supplied by the said Director.

B. Each applicant shall file with the application form two copies of each of the following:

(1) A fully executed developer's agreement.

(2) An approved and fully executed site plan or subdivision plat.

(3) The approving board's resolution.

(4) The construction sequence schedule.

(5) A list of all contractors, equipment and manpower to be utilized in the construction sequence.

(6) An approved soil moving permit (if applicable).

(7) A certified soil erosion and sediment control plan.

(8) An approved New Jersey Department of Environmental Protection and Energy (NJDEPE) stream encroachment permit (if applicable).

(9) An approved NJDEPE sanitary sewer extension permit (if applicable).

(10) An approved NJDEPE wetlands disturbance permit (if applicable).

(11) Any other NJDEPE permit which may be required for the subject site.

(12) An approved permit from the United States Army Corps of Engineers (if applicable).

(13) Evidence of any other approvals, permits or licenses which may be required by any county, state or federal governmental entity.

C. Each applicant shall pay all required fees and post escrow deposits required at the time of filing application.

§ 95-33.4 Review; conference; recommendations and report.

A. The Director of Land Use shall refer one set of application documents to the Township Engineer for review.

B. Following the municipal review, a conference will be scheduled with the applicant to discuss all aspects of the proposed project. Specific factors to be considered include but are not limited to:

(1) Have all required approvals and permits been obtained and are the approving resolution and the executed site plan or subdivision plat consistent therewith.

(2) Is the construction sequence schedule of sufficient detail to determ1ne:

(a) Estimated starting date.

(b) Sequence of major construction items with estimated time of completion.

(c) Period during which ground will be disturbed, replanting schedule and materials to be utilized.

(d) Estimated completion date.

(3) The completeness of the submission relating to contractors, manpower and equipment to be utilized.

C. Following the conference, the Township Engineer shall prepare a formal report and recommendations with regard to the requested permit.

§ 95-33.5 Notice of certain events required.

As a condition of the permit requested, the applicant shall agree to provide the Director of Land Use with not fewer than 72 hours' notice, in writing, of the following construction events:

A. Layout of facilities prior to any clearing or tree removal.

B. Installation of all buried utilities, including storm drainage, water piping and sanitary sewerage facilities.

C. Backfilling of all buried utilities.

D. Installation of all curbing.

E. Installation of roadway subbase course and of base course and of surface course [three notifications].

F. Installation of all cast-in-place concrete structures.

G. Testing and start-up of all mechanical equipment or systems associated with storm drainage, water or sewerage facilities.

H. Installation of monuments.

I. Connection to any existing utilities.

§ 95-33.6 Right of entry for inspections.

For the purpose of administering or enforcing the provisions of this article and any permit issued hereunder, any authorized officer, employee or agent of the Township shall have the right to enter into and upon any lands covered by the site development permit to conduct such inspections or examinations as may be required.

§ 95-33.7 Issuance of permit; term; nontransferability.

Upon satisfaction of all requirements hereunder, the Director of Land Use shall issue a site development permit which shall set forth all terms, conditions, schedules and other data relating to the subject development project.

A. A site development permit shall be valid for one year from the date of issue and may be renewed thereafter for consecutive one-year periods, provided that all required performance guaranties and insurance coverages are current.

B. Site development permits are specific to the applicant and may not be assigned or transferred.

§ 95-33.8 Appeals.

A. Any person aggrieved by the failure of the Director of Land Use to act upon a filed application or by conditions of a site development permit may take an appeal to the East Hanover Construction Board of Appeals.

B. The application for an appeal shall be filed within 20 days of notice of denial of a site development permit or of issuance of the permit where the appeal concerns the contents thereof. If the appeal relates to a failure to act upon an application, such appeal must be brought within 20 days following the 31st day after the permit application was filed.

C. All other procedures relating to the appeal shall be as detailed in § 75-2E(1)(c) through (e), inclusive, and § 75-2E(2) and (3).

§ 95-33.9 Fees; escrow deposit.

A. The fee for a site development permit shall be $250.

B. The fee for a site development permit renewal shall be $75.

C. In addition to the application fee, each applicant shall be required to establish an escrow account with the Township of East Hanover in the initial amount of $2,000 which shall cover the costs of professional services and inspection fees in connection with said application; provided, however, that an application made solely for a setback variance for the installation of an access ramp for a disabled person shall be exempt from this provision.

[Amended 6-14-2001 by Ord. No. 22-2001; 12-12-2016 by Ord. No. 10-2016]

(1) The escrow funds shall be treated in the same manner as set forth in § 95-11B(2), (4), (7) and (8) of the Code of the Township of East Hanover.

(2) In the event that the funds in the escrow account shall be depleted prior to the completion of the permitted work, the applicant shall upon notice deposit additional funds, and it shall be a violation of this article if, after notice, such additional funds are not deposited within 10 calendar days.

(3) A monthly accounting of all funds to be withdrawn from the Township escrow account shall be submitted by the Director of Land Use to the applicant/permit holder at least 10 calendar days prior to such withdrawal. Within that 10 days, the applicant/permit holder may request, in writing, a hearing before the Township Administrator as to the reasonableness of any charges against the account, and no withdrawals shall be made therefrom until such hearing shall have been held. If no request is received within the ten-day period, the applicant/permit holder is deemed to have agreed to the charges.

§ 95-33.10 Violations and penalties.

A. Violations of any provision of this article shall be punishable by a fine of not less than $100 nor more than $1,000 and imprisonment for not more than 90 days.

B. Each violation of a separate section of this article shall constitute a separate violation, and each day that a violation continues shall constitute a separate and distinct violation hereof.