The Development Review Committee of the Planning Board shall
meet on a regular basis and shall have the following responsibilities.
A.
Informal concept plan review. Major developers are encouraged to
submit a concept plan for informal review by the Development Review
Committee (the DRC) of the Planning Board prior to making a complete
application. The purpose of the informal review is to enable the site
designers to confer with the DRC about their design approach at a
formative stage. No fee shall be assessed for the informal review
with the Development Review Committee and both parties are not bound
by any comments made during the concept review process. The applicant
may also request an informal concept plan review by the entire Planning
Board of not more than 15 minutes in duration. The required fee for
the informal review shall be paid prior to the scheduling of the informal
review. The developer shall not be bound by any concept plan for which
the review is requested and the Planning Board shall not be bound
by any such review.
B.
Completeness. The land development application completeness review procedure is discussed in § 255-108C. While the completeness determination is delegated to the Board Engineer, the Engineer may consult with the DRC in making the completeness determination. In addition, any applicant may appear before the DRC to discuss the completeness review decision of the Board Engineer.
C.
Submission waivers. All requests for submission waivers shall be reviewed by the DRC within 45 days of the request pursuant to § 255-108C. The DRC shall decide whether to grant the submission waiver request. An applicant may appeal the decision of the DRC to the full Planning Board. Submission waivers shall only be granted if the item is not necessary to make an informed decision and would involve a significant expense or delay. Waivers shall not be granted for routine plan information requirements.
D.
Technical review. All major subdivision and site plan applications
shall be reviewed by the Development Review Committee prior to being
heard by the Planning Board. The purposes of the DRC technical review
meeting are to provide the applicant with a preliminary technical
review of the application; to provide insight on the technical deficiencies
of the plan; to consider requests for submission waivers; to offer
suggestions and recommendations for the improvement of the plan; and
to comment on the acceptability of the plan. The DRC meetings are
not a public hearing and need not be advertised. The technical review
comments are meant to provide guidance and direction to the applicant
but do not constitute a formal review. No minutes or actions are taken
on the applications that have been deemed complete.
E.
Land development issues. The DRC shall discuss relevant land development
issues on a continuing basis in conjunction with the Board professionals.
These issues shall periodically be presented to the Planning Board
for policy decisions.
F.
Distribution of documents.
(1)
Promptly after the certification of completeness is received
from the Board Engineer, the application documents shall be distributed
by the Board Secretary to the following:
(a)
The Planning Board (11 copies each of the minor plat or plan
and the application);
(b)
The Board Planner (one copy each of the minor plat or plan,
the application and any protective covenants, easements and/or deed
restrictions);
(c)
The Board Engineer (one copy each of the minor plat or plan,
the application and any protective covenants, easements and/or deed
restrictions);
(d)
The Zoning Officer (one copy of the minor plat or plan);
(e)
The Board Attorney (one copy each of the minor plat or plan,
the application and any protective covenants, easements and/or deed
restrictions);
(2)
At the direction of the Planning Board, additional copies of
the minor plat or plan and/or other items of submitted information
shall be sent to other Township, county or state agencies and/or to
other professional consultants as may be designated by the Board;
and
(3)
It shall be the applicant's responsibility, unless specifically
provided otherwise in this chapter, to submit the required application
to any agency (including but not limited to the County Planning Board,
the County Board of Health, the Soil Conservation District and the
New Jersey State Department of Environmental Protection) having jurisdiction
over any aspect of the proposed development.
A.
Incompleteness determination, waiver request. An applicant who has been notified that his application is incomplete may request a waiver of one or more of the submission requirements and said request shall be the subject of a resubmitted application treated as a new submission, which shall be acted upon in accordance with § 255-108. The Planning Board shall have 45 days to determine whether to grant the waiver from the date of the resubmission.
A.
Conditions precedent.
(1)
Whenever any application for development is approved subject
to specified conditions intended to be fulfilled before the approval
becomes effective, such conditional approval shall lapse and become
null and void unless all specified conditions, other than those contemplated
by N.J.S.A. 40:55D-22b, are fulfilled within 190 days of the date
of conditional approval.
(2)
Proof that applications have been filed with all other agencies
having jurisdiction over any aspect of the application for development
shall forthwith be filed with the municipal agency.
(3)
The fulfillment of all other conditions precedent shall forthwith
be reported, in writing, to the municipal agency, which may cause
such reports to be verified in an appropriate manner. Only upon fulfillment
of all conditions shall any subdivision map or site plan be signed
or any required building permit, occupancy permit or zoning permit
be issued.
(4)
When all conditions have been fulfilled with respect to any
minor or major subdivision, applicant shall, within 30 days of the
fulfillment of all such conditions, submit his deed or map for signature
in accordance with N.J.S.A. 40:55D-47 or 40:55D-54 or any such approval
shall lapse and be of no force and effect; provided, however, that
the applicant may, for good cause shown, obtain an extension either
before or after the lapse of such thirty-day period within the reasonable
exercise of the municipal agency's judgment.
B.
Conditions subsequent.
(1)
Whenever any application for development is approved subject
to conditions, which by their terms are incapable of being fulfilled
or are not required to be fulfilled prior to the final approval of
the application, the performance of which are not guaranteed by bonds
or securities of any type, failure to fulfill any such condition within
six months from the date of adoption of the resolution memorializing
the final approval of the application for development shall be grounds
for issuance of a stop-work order by the enforcing official and the
withholding of any zoning permit, certificate of occupancy or any
other approval until such condition or conditions are fulfilled.
(2)
Nothing herein contained shall be construed as preventing the
Joint Land Use Planning Board from specifying a longer period of time
within which any specific condition must be fulfilled, or from granting,
upon application not requiring public notice, an extension of time
for good cause shown.
(3)
The fulfillment of all conditions shall be reported, in writing,
to the municipal agency which may cause such reports to be verified
in an appropriate manner. Only upon fulfillment of all conditions
shall any subdivision map or site plan be signed or any required building
permit, occupancy permit, zoning permit or other required approval
be issued.
A.
Before approving a subdivision or site plan, the Planning Board shall
require that streets, public drainageways, flood-control basins and
public areas, designated for reservations on the Master Plan, must
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 up
to 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 land
development 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 approval
or site plan approval, as the case may be, caused by the reservation.
C.
Upon the submission to the Planning Board of an application for development
showing development proposed for an area reserved on the Master Plan,
the Planning Board Secretary shall notify the Riverside Township Committee,
in writing, of such application and that the Planning Board intends
to grant approval for said development in the reserved area unless
the Township Committee notifies the Planning Board prior to the date
for final approval that it intends to reserve the area in question
and will provide compensation to the developer for such reservation.
Said notice of intent to reserve shall be in the form of a resolution
by the Township Committee. The Township Committee shall thereupon
proceed either to reach an agreement with the developer as to the
amount of compensation to be paid for such reservation or negotiate
a purchase price for said reserved area. Upon the Township Committee
arriving at the amount to be paid the developer by way of compensation
for reservation or purchase, said amount shall be deposited in escrow
for the benefit of the developer.
A.
Any applicant for development whose plans show a proposed vacation
of an existing street shall include with his application to the Planning
Board a notice to Township Committee of intent to request vacation
of the street. The notice shall be on a form provided by the Planning
Board Secretary. Any application for development showing a proposed
street vacation that does not include the aforesaid notice shall be
deemed incomplete.
B.
The Planning Board shall condition preliminary approval of any application
for development showing a proposed street vacation on the vacation
of such street by formal action of Township Committee.
C.
Prior to making application for final land use approval, an applicant
proposing vacation of a street shall apply to the Township Committee
for vacation of the street and shall amend the final plans in accordance
with any ordinance the governing body may adopt on vacation of the
street. Such application to the Township Committee, shall be accompanied
by the appropriate application fee and professional review escrow,
and shall include a legal description of the street proposed for vacation.
An application for final land use approval that proposes vacation
of a street that is not made in accordance with this section shall
be deemed incomplete.
A.
The Township may, at any time and from time to time, accept the dedication
of land for public use and maintenance or any interest therein required
to be set aside, designated and reserved for the use and enjoyment
of owners and occupants of land adjoining or neighboring such land
as a condition of approval of planned residential development, but
such dedication shall not be required by the Planning Board.
B.
The developer shall provide for an organization for the ownership
and maintenance of any open space for the benefit of owners or residents
of a development if said open space is not dedicated to the Township.
Such organization shall not be dissolved and shall not dispose of
any open space by sale or otherwise, except to an organization conceived
and established to own and maintain the open space for the benefit
of such development, and thereafter such organization shall not be
dissolved nor dispose of any of its open space without first offering
to dedicate the same to the Township.
C.
In the event that such organization shall fail to maintain the open
space in reasonable order and condition, the governing body may serve
written notice upon such organization or upon the owners of the development,
setting forth the manner in which the organization has failed to maintain
the open space in reasonable condition, and said notice shall include
a demand that such deficiencies of maintenance be cured within 35
days thereof and shall state the date and place of a hearing thereon
which shall be held within 15 but not less than seven days of the
notice. At such hearing, the governing body may modify the terms of
the original notice as to deficiencies and may give a reasonable extension
of time, not to exceed 65 days or any permitted extension thereof,
the Township, in order to preserve the open space and maintain the
same for a period of one year, may enter upon and maintain such land.
Said entry and maintenance shall not vest in the public any rights
to use the open space except when the same is voluntarily dedicated
to the public by the owners. Before the expiration of said year, the
governing body shall, upon its initiative or upon the request of the
organization theretofore responsible for the maintenance of the open
space, call a public hearing upon 15 days' written notice to such
organization and to the owners of the development, to be held by the
governing body, at which hearing such organization and the owners
of the development shall show cause why such maintenance by the Township
shall not, at the election of the Township, continue for a succeeding
year. If the governing body shall determine that such organization
is ready and able to maintain said open space in reasonable condition,
the Township shall cease to maintain said open space at the end of
said year. If the governing body shall determine such organization
is not ready and able to maintain said open space in a reasonable
condition, the Township may, in its discretion, continue to maintain
said open space during the next succeeding year, subject to a similar
hearing and determination in each year thereafter. The decision of
the governing body in any case shall constitute a final administrative
decision, subject to judicial review.
D.
The cost of such maintenance by the Township shall be assessed pro
rata against the properties within the development that have a right
of enjoyment of the open space in accordance with assessed value at
the time of imposition of the lien, and the cost shall become a lien
and tax on said properties and be added to and be a part of the tax
to be levied and assessed thereon and enforced and collected, with
interest, by the same officers and in the same manner as other taxes.
A.
The Planning Board, when acting upon applications for preliminary
or minor subdivision approval, shall have the power to grant such
exceptions for the requirements for subdivision approval as may be
reasonable and within the general purpose and intent of the provisions
for subdivision review and approval of this chapter if the literal
enforcement of one or more provisions of this chapter is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question.
B.
The Planning Board, when acting upon an application for preliminary
site plan approval, shall have the power to grant such exceptions
from the requirements for site plan approval as may be reasonable
and within the general purpose and intent of this chapter if the literal
enforcement of one or more provisions of this chapter is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question.
C.
The Planning Board shall have the power to review and approve or
deny conditional uses or site plans simultaneously with the 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 municipal agency, whether it is for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this subsection, notice
of the hearing on the plat shall include reference to the request
for such conditional use.
D.
The Planning Board, acting as the Board of Adjustment, shall also
have the power to grant subdivision, site plan or conditional use
approval when it is considering use variances. In this regard, the
applicant for a use variance may elect to submit a separate application
for requesting approval of the variance and a subsequent application
for any required subdivision, site plan, or conditional use approval.
Any use variance approval for a bifurcated application shall be contingent
upon the approval of the subsequent application. When considering
a bifurcated use variance application, the Planning Board shall require
the submission of sufficient site development information to make
an informed decision of the variance application.
A.
Before the recording of final subdivision plats or as a condition
of final site plan approval, or as a condition of a zoning permit
pursuant to § 91-33[1] of this chapter, the municipal agency may require and
shall accept, in accordance with the standards adopted by this chapter
for the purpose of assuring the installation and maintenance of on-tract
improvements, the following:
(1)
The furnishing of a performance guaranty in favor of the Township
in an amount not to exceed 120% of the cost of installation for improvements
it may deem necessary or appropriate, including streets; grading;
pavement; gutters; curbs; sidewalks; streetlighting; shade trees;
surveyor's monuments, as shown on the final map and required by the
Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.); water
mains, culverts, storm sewers; sanitary sewers or other means of sewage
disposal; drainage structures; erosion control and sedimentation control
devices; public improvements of open space; and, in the case of site
plans only, other on-site improvements and landscaping. The Township
Engineer shall review the improvements required by the municipal agency
which are to be bonded and itemize their cost. Said itemization shall
be the basis for determining the amount of the performance guaranty
and maintenance guaranty required by the municipal agency. The Township
Engineer shall forward his estimate of the cost of improvements to
the applicant within 30 days of the date of receipt of a request sent
by certified mail for said estimate.
(2)
The furnishing of a maintenance guaranty, to be posted with
the governing body for a period not to exceed two years after final
acceptance of the improvement in an amount not to exceed 15% of the
cost of the improvement. In the event that other governmental agencies
or public utilities automatically will own the utilities to be installed
or the improvements are covered by a performance or maintenance guaranty
to another governmental agency, no performance or maintenance guaranty,
as the case may be, shall be required for such utilities or improvements.
[1]
Editor's Note: So in original.
B.
The amount of any performance guaranty may be reduced by the governing
body, by resolution, when portions of the improvements have been certified
by the Township Engineer to have been completed. The time allowed
for installation of the improvements for which the performance guaranty
has been provided may be established by the governing body by resolution.
C.
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 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.
When all of the required improvements have been completed, the obligor
shall notify the governing body, in writing, by certified mail addressed
in care of the Township Administrator, of the completion of said improvements
and shall send a copy thereof to the Township Engineer. Thereupon,
the Township Engineer will inspect all of the improvements and shall
file a detailed report, in writing, with the governing body, indicating
either approval, partial approval or rejection of the improvements,
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
E.
The governing body 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 said report and the action of said municipal agency 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 the improvements
not yet approved. Failure of the governing body to send or provide
such notification to the obligor within 65 days shall be deemed to
constitute approval of the improvements, and the obligor and surety,
if any, shall be released from all liability pursuant to such performance
guaranty.
F.
If any portion of the required improvements is rejected, the municipal
agency 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.
The obligor shall reimburse the Township for all reasonable inspection
fees paid the Township Engineer for the foregoing inspection of improvements.
H.
During the construction of any building, no construction shall continue
beyond the foundation of the building until such time as the developer
or person constructing the building shall provide a certification
to the Township of Florence[2] from a licensed surveyor that the building under construction
has been properly located in conformance with the approved site plan
or, in the case where no site plan approval was required, in conformance
with the setback lines governing the premises.
[2]
Editor's Note: So in original.
