A.
In the event that development proposed by an application for a 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 Township 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 an 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 a 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 an 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 the 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.
A developer, as a condition for approval of a subdivision or
site plan, shall pay the developer's 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 required but necessitated or required by construction
or improvements within such subdivision or tract. The Township Council
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 Township Engineer.
B.
The Township Council shall next consider the circulation plan and
utility service plan elements of the Master Plan and shall ascertain:
C.
The Township Council shall determine the 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 Township Engineer, who shall advise the Township
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.
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 the developer's
pro rata share under protest, the developer 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 Township Council of the pro rata share.
H.
The developer and the Township 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.
I.
The Township Council shall act within the applicable period for approval
of the application by the Planning Board, and the determination by
the Township Council 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 Township
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 the developer claims an entitlement to such just compensation,
the developer 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 Township Council of the claim
and recommend a just compensation figure. The Township Council shall
meet with the developer in an attempt to agree upon the figure and
the method of payment. In the event there is no such agreement, the
Township 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 the figure and
the method of payment, the Township 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.
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 article, 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 Clerk 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
owner thereof.
B.
The Clerk shall make and issue such certificate within 15 days after
the receipt of such written application and the fees therefor. The
Clerk 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 the Clerk's 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 the Township 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.
(2)
Whether the subdivision, as it relates to the land shown in the application,
has been approved by the Planning Board and, if so, the date of such
approval and any extensions and terms thereof.
(3)
Whether such subdivision, if the same has not been approved, is statutorily
exempt from the requirement of approval as provided by law.
D.
The Clerk shall be entitled to demand and receive for such certificate
issued the fee established by N.J.S.A. 54:5-14 and 54:5-15. The fees
so collected by the Clerk shall be paid by the Clerk to the Township.
A.
Before recording of final subdivision plats or as a condition of
final site plan approval or as a condition to the issuance of a zoning
permit, the Planning Board may require and the Township Council shall
accept in accordance with the standards adopted by ordinance for the
purpose of assuring the installation and maintenance of on-tract improvements:
(1)
The furnishing of a performance guarantee in favor of the Township
in an amount equalling 120% of the cost as estimated by the Township
Engineer of installation for 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.
46:26B-1 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 and, in the case of site plans only, other on-site improvements
and landscaping.[1]
(2)
Provision for a maintenance guarantee to be posted with the Township
Council for a period of two years after final acceptance of the improvement,
in an amount equalling 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 guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the Township for such utilities or improvements.
B.
The time allowed for installation of the improvements for which the
performance guarantee has been provided may be extended by the Township
Council by resolution. As a condition or as part of any such extension,
the amount of any performance guarantee shall be increased or reduced,
as the case may be, to an amount not to exceed 120% of the cost of
the installation as determined as of the time of the passage of the
resolution.
C.
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 Township for the reasonable cost of the improvements
not completed or corrected, and the Township may either prior to or
after the receipt of the proceeds thereof complete such improvements.
D.
Upon substantial completion of all required appurtenant utility improvements,
and the connection of same to the public system, the obligor may notify
the Township Council in writing, by certified mail addressed in care
of the Township Clerk, of the completion or substantial completion
of improvements and shall send a copy thereof to the Township Engineer.
Thereupon, the Township Engineer shall inspect all improvements of
which such notice has been given and shall file a detailed report,
in writing, with the Township Council, indicating either approval,
partial approval or rejection of such improvements with a statement
of reasons for any rejection. The cost of the improvements as approved
or rejected shall be set forth.
E.
The Township Council shall either approve, partially approve or reject
the improvements, on the basis of the report of the Township Engineer,
and shall notify the obligor in writing, by certified mail, of the
contents of the report and the action of the Township 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 guarantee, except for that portion adequately
sufficient to secure provision of the improvements not yet approved,
provided that 30% of the amount of the performance guarantee posted
may be retained to ensure completion of all improvements. Failure
of the Township 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 guarantee for such
improvements.
F.
If any portion of the required improvements are rejected, the Planning
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.
G.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
Township Council or the Township Engineer.
H.
The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements, provided that the Township shall require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the Township Engineer for such inspection, as set forth in § 205-57.
I.
In the event that final approval is by stages or sections of development,
the provisions of this section shall be applied by stage or section.
Such 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 shall
be distributed, reviewed and passed upon as follows:
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.
When Willingboro Township has completed a natural resources index (NRI), as provided by N.J.S.A. 40:56A-2 and § 12-4A(3) of the Code of the Township of Willingboro, the applicant may use data from the NRI relevant to the subdivision or site plan, including maps and text.
C.
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; sewer
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.
D.
An assessments of the probable impact of the development upon all items set forth in Subsection C above. All assessments made of the probable impact of the subdivision or site plan shall be closely coordinated and in harmony with the Willingboro Township 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.
E.
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.
F.
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 the terms "shall be," "must," etc.
G.
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.
H.
The Clerk, upon receipt of the application, shall submit the environmental
impact report to the Willingboro Township 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 the 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.
I.
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.
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 signatures of the Chairperson and Secretary of the Planning Board or a certificate has been issued pursuant to § 205-11, 205-22B or 205-52. The signatures of the Chairperson and Secretary of the Planning Board shall not be affixed until the developer has posted the guarantees required pursuant to § 205-53. If the County Clerk records any plat without such approval, such recording shall be deemed null and void; upon request of the Township, the plat shall be expunged from the official records, pursuant to statute.
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 Planning Board, of the Township Clerk an
informal conference and discussion with the Planning 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 areas of concern. There shall
be no charge to such person for this informal hearing and discussion.
It is encouraged that any plans or other relevant documents be simultaneously
presented to the Planning Board in this informal process, whether
or not such plans may meet the requirements set forth in this chapter.
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. The applicant shall not be bound
by any concept plan for which informal review is requested, and the
Planning Board shall not be bound by any such review.
The applicant, when required by provisions of this chapter, shall pay to the Clerk fees in accordance with § 150-5C of the Code of the Township of Willingboro.
