These rules, regulations and standards shall be considered the minimum requirements for the protection of the health, safety and welfare of the citizens of West Windsor Township. No building permit, certificate of occupancy or other required permit shall be issued except in accordance with an approval of the subdivision and its improvements granted pursuant to this Part  2 unless modified in accordance with § 200-43.
A.Â
The Planning Board, when acting upon applications
for preliminary or minor subdivision approval, shall have the power
to grant such exceptions and waivers from the requirements for subdivision
approval as may be reasonable and within the general purpose and intent
of this Part 2 if the applicant can clearly demonstrate that, because
of peculiar conditions pertaining to the literal enforcement of one
or more provisions of this Part 2, it is impracticable or will exact
undue hardship.
B.Â
A building permit or certificate of occupancy may
be issued if all improvements have been installed or completed except
the finish course of the road, and the Township Engineer warrants
that completion of the road is in the Township's interest after the
subdivider has completed construction of the dwellings and structures.
The maintenance guaranty required shall not begin until the finish
course has been installed.
C.Â
The Construction Code Official may also authorize
the issuance of a temporary certificate of occupancy if the following
improvements have been bonded but not yet installed: landscaping,
sidewalks, other similar improvements.
[Amended 4-20-1990 by Ord. No. 90-12]
D.Â
In major subdivisions where three or fewer new building
lots are involved as part of a development application, the Planning
Board, upon request of an applicant, shall have the power to defer
requirements for the installation of public improvements or posting
of improvement guarantees for such improvements, provided that:
(1)Â
The applicant clearly demonstrates that such improvements
are not reasonably immediately necessary to ensure the public health,
safety or welfare of residents or potential residents of the lots
involved or existing residents of the adjacent areas. In establishing
the basis for a deferment, the Planning Board may take into account
a report from its engineer, planner or other advisers or agencies
it deems appropriate as to when such improvements may be necessary
in the public interest and as to the timing of improvement activities
by adjacent land owners or other public agencies which would require
installation of the subject subdivision improvements to complete a
development scheme for the adjacent area.
(2)Â
Any deferment granted shall not relieve the applicant
or any subsequent owners of the initial tract from which the new lots
are being created from the responsibility for the installation or
payment of a pro rata share of the ultimate costs of installation
of improvements related to and benefiting the lots of the subject
development application. Such deferred liability shall be enforced
in connection with an off-tract improvement pursuant to the Municipal
Land Use Law[1] and this chapter at the time of the development of the
remainder of the initial tract or the development of any other related
tract, or as otherwise provided by law.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(3)Â
The final plat, Planning Board final approval resolution
and individual lot deed instruments shall stipulate the terms and
conditions of any such deferments. In addition, recordable agreements
may be required at the option of the Planning Board.
(4)Â
Only one deferment as outlined herein for a parcel
(contiguous lots under similar ownership shall constitute a single
parcel for purposes of this deferment provision) may be permitted
from the date of enactment of this Part 2.
(5)Â
The Planning Board, when acting upon an application
which includes provisions for low- and moderate-income housing, shall
waive those portions of the design standards which create barriers
to the construction of low- or moderate-income housing and which are
not necessary to protect public health and safety. [2]
[Added 2-25-1985 by Ord. No. 85-01; 10-7-1985 by Ord. No. 85-25]
[2]
Editor's Note: Former Section 21-3.2, Subdivision
Committee, which immediately followed this subsection, was deleted
4-19-1999 by Ord. No. 99-07.
