The Boards shall adopt such rules, regulations and by-laws as
may be necessary to carry into effect the provisions and purposes
of this Ordinance.
Each Board may employ or contract for and fix the compensation
of legal counsel, other than the Municipal Attorney, and experts and
other staff and services as it may deem necessary, not exceeding,
exclusive of gifts or grants, the amount appropriated by the Township
Council for its use.
No member shall be permitted to act on any matter in which he
has, either directly or indirectly, any personal or financial interest.
[Amended 6-24-91 by Ord. No. 91-69; 11-25-91 by Ord. No. 91-107; 4-20-09 by Ord. No. 09-11]
The applicable Board pursuant to 40:55D-1 et seq. shall approve
subdivision plats as a condition for the filing of such plats with
the County Recording Officer. The applicable Board pursuant to 40:55D-1
et seq. shall also approve of site plans as a condition for the issuance
of a permit for construction of all new buildings and additions to
all existing buildings, except for detached one or two dwelling unit
buildings and accessory agricultural buildings not exceeding 12,500
square feet to support existing agricultural uses on-site.
The Director of Planning & Engineering or designee may waive
the site plan approval requirement if the new construction, addition
or change in use or occupancy does not have a substantive effect on
factors such as existing site circulation, stormwater runoff, landscaping,
lighting, parking and other typical considerations of site plan review.
Before filing a formal application in accordance with the procedure
set forth in this Article, applicants are encouraged to meet with
the Township's technical personnel, including the Planning Management
staff, Township Engineer, Construction Official, and Fire, Police
and Health Departments, where appropriate, prior to submitting a formal
application for development. The purpose of the informal meeting is
to make the applicant aware of the specific requirements applicable
to the area, or type of development being considered.
[Amended 4-20-09 by Ord. No. 09-11]
An application for the development of land shall be submitted
with the required fees, and all required submissions as set forth
under checklists below to the Director of Planning and Engineering
or his designee. The Director of Planning and Engineering, or his
designee shall (a) review the application to determine its completeness;
(b) determine the type of development action required; and (c) forward
the application to the proper board or agency for subsequent action.
A. Incomplete Application
If found to be incomplete, the application shall be returned
to the applicant within forty five(45) days of submission with information
as to what is lacking.
B. Complete Application
An application for development shall be complete for purposes
of commencing the applicable time period for action by a municipal
agency when so certified by the Director of Planning and Engineering
or his designee. In the event that the Director of Planning and Engineering
or designee does not certify the application to be complete within
45 days of the date of its submission, the application shall be deemed
complete upon the expiration of the 45 day period for purposes of
commencing the applicable time period.
C. Within the required time period the completed application and site
plan shall be set down for hearing before the Planning Board which
shall review the site plan to ensure that it complies with the following
standards and regulations
[Added 4-20-09 by Ord. No. 09-11]:
(1) The application and site plan contain all of the items and information
required under ordinances of the Township of East Brunswick.
(2) The proposed buildings, structures and use are in accordance with
the standards of this chapter and all ordinances of the Township of
East Brunswick, including the Master Plan of the Township of East
Brunswick as may be in existence at the time of the application.
(3) The application and site plan provide a storm water management proposal
meeting the goals and objectives of Township Ordinances.
(4) Adequate provisions are made to screen all playgrounds and parking,
service and storage areas from the view of adjacent properties and
streets, during all seasons of the year, whenever the Planning Board
shall determine that such screening is necessary to protect the health,
safety or general welfare of the public.
(5) The location, intensity and direction of all outdoor lighting is
such that it will not have an adverse effect upon the existing or
future use of adjoining properties.
(6) Bikeways are installed or easements therefor granted to the township, in accordance with the provisions of §
192-27 of the Code of the Township of East Brunswick.
[Added 2-9-76 by Ord. No. 76-8-AAA]
(7) Sidewalks are installed, wherever so required by the Planning Board, in accordance with the provisions of §
192-19 of the Code of the Township of East Brunswick and that ramp access of a type approved by the Planning Board is provided to allow access to all public buildings by the physically handicapped.
[Amended 7-8-91 by Ord. No. 91-82; 8-23-93 by Ord. No. 93-48; 10-15-01 by Ord. No. 01-33; 2-27-06
by Ord. No. 06-06; 9-27-10 by Ord. No. 10-22]
Purpose.
The purpose of this ordinance is to require developers to evaluate
and assess the impacts on the environment generated by land development
projects and to enable the Planning Board or Zoning Board of Adjustment
to review such environmental analysis in order to reduce the adverse
impact of development on the environment.
Requirements.
A. An environmental impact evaluation of the site (hereafter "the study")
shall be submitted by the applicant as required by the checklists.
B. The environmental impact assessment shall be prepared by a person
or persons having appropriate experience and background, and shall
identify all relevant sources of information used in its preparation,
and shall consider the topography, surface water bodies, energy, air
quality, noise, surface water quality, aquatic biota, soils, geology,
subsurface water, unique scenic or historic features, vegetation,
wildlife and archaeological features of the entire site proposed for
development. Forest vegetation shall be classified by type and age
class. Map scales shall be no larger than l inch equals 100 feet,
or as required by the Board.
1. Topography — The study shall provide a topographic survey showing
one foot contour intervals within the proposed areas of intended use
and in the areas within the perimeter of disturbance. The study shall
also include a relief map, showing areas of common elevation.
2. Surface water bodies — Describe existing water courses and
water bodies that abut, impact or are partially or totally on the
site and their relationship to the area of land disturbance. Calculate
existing surface runoff from the site. When the natural drainage pattern
will be significantly altered, an analysis shall be conducted which
will investigate flow, depth, capacity and water quality of the receiving
waters. When required, floodplain areas shall be mapped in consultation
with the New Jersey Department of Environmental Protection. Existing
drainage structures shall be mapped and the capacity of the drainage
network shall be determined.
3. Energy — Describe the proposed energy sources for all elements
of the project, and identify alternative conservation measures that
may be utilized.
4. Air quality — Describe each contamination source, its location,
the quantity and nature of materials to be emitted from any furnace
or other device in which coal, fuel, oil, gasoline, diesel fuel, kerosene,
wood or other combustible material will be burned or if any other
source of air pollutants, including vehicles attracted by the facility,
will be present on the site during or after construction. If a state
or federal emission permit is required, a copy of the permit and all
resource data submitted with the application for the permit shall
accompany the environmental assessment.
5. Noise — Description of all noise generating equipment, both
during construction and after construction shall be identified. The
decibel level shall be measured and new sources supplied. Compliance
shall be made with the East Brunswick noise ordinance.
6. Surface water quality — Water quality analysis examining existing
water quality conditions and protecting project impacts, with complete
water testing according to the New Jersey Department of Environmental
Protection to be performed by a New Jersey State Certified Laboratory.
7. Aquatic biota — Describe and identify fish and plant life that
may be associated with surface water bodies.
8. Soils — Soils of the proposed area of land disturbance shall
be mapped. List and describe each soil type located on the site, relative
to the project proposed, including percolation data, depth to seasonal
high water table (as indicated by the shallowest depth to soil mottling),
erosion potential, aquifer recharge area and other factors related
to soil as per the soil survey from the U.S. Department of Agriculture,
Soil Conservation Service.
9. Geology — Describe the geologic formations, including surficial
deposits associated with the site, relative to the project proposed.
10. Subsurface water — Describe subsurface water conditions on
the site in terms of depth to ground water and water supply capabilities
on the site. Where existing conditions warrant, provide information
regarding existing wells within 500 feet of the site relative to depth,
capacity and water quality. Detail the water supply capabilities of
the adjacent areas and the recharge capabilities of the site.
11. Unique scenic or historic features — Describe and map those
portions of the site that can be considered to have unusual scenic
and/or historic qualities and have unusual scenic and/or historic
qualities and attributes.
12. Vegetation — Describe existing vegetation on the site. A map
shall be prepared showing the location of major vegetated groupings,
such as woodlands, open fields and wetlands. Where woodlands are delineated,
the forest types shall be indicated (for example: upland deciduous,
lowland deciduous, etc.). Specimen trees are to be identified as to
location and species.
13. Wildlife — Identify and describe any protected species and
habitats. Evaluate additions and losses to species and habitat areas.
C. The environmental impact assessment should describe, with appropriate
maps, the proposed project. The assessment shall summarize, rather
than duplicate, the site plan and building plan. The assessment shall
include a survey and description of the environmental features of
the property. The scope and detail of the impact assessment will be
determined by the Township staff, in consultation with the Environmental
Commission.
D. In the review of an applicant's plan, the Board shall consider both
the potential adverse and the positive environmental impacts of any
proposed project as major factors in its findings and shall make findings.
The object shall be to reduce, minimize or eliminate adverse environmental
factors caused by the proposed development.
Critical Impacts.
|
Plans shall include any area, condition or feature which is
environmentally sensitive or which, if disturbed during construction,
would adversely affect the physical, social or historic environment
of the area.
|
A.
|
Critical impact areas include, but are not limited to, stream
corridors, streams, wetlands, estuaries, slopes greater than 20 percent,
high acid or high erodible soils, areas of high water table, mature
stands of native vegetation, aquifer recharge areas and archaeologically
sensitive areas.
|
B.
|
A statement of impact upon critical areas and a listing of adverse
impacts which cannot be avoided shall be included.
|
C.
|
Proposed measures intended by the developer to minimize damage
to critical impact areas shall be indicated, both for the construction
period and post construction period.
|
D.
|
A list of all licenses, permits, and other approvals that are
required by municipal, county, regional, or state law and a status
of each shall be included.
|
Approval.
|
No application for development shall be approved unless the
application has demonstrated to the satisfaction of the municipal
agency, through the study and such other information as the application
may provide, that the development:
|
1.
|
Will not result in a significant adverse impact on the environment.
|
2.
|
Has been conceived and designed in such a manner that it will
not significantly impair natural processes.
|
3.
|
Will not place disproportionate or excessive demand upon the
total resources available to the project site or to the impact area.
|
Waiver.
The appropriate Board may waive any provision of this ordinance
if deemed not applicable.
[Amended 2-11-91 by Ord. No. 91-16; 5-13-91 by Ord. No. 91-48; 3-27-95 by Ord. No. 95-10; 1-24-2022 by Ord. No. 22-02]
Fees for application or for the rendering of any service by
the Boards or any members of their administrative staffs shall be
as follows:
TYPE OF APPLICATION
|
FILING FEE
|
|
---|
Letter of Intent
|
$50
|
|
Preliminary/Final Site
|
$1,500
|
for first 10,000 SF of tract area and
|
$100
|
for each additional 5,000 SF or portion thereof plus
|
$700
|
for each 1,000 SF of floor area up to 10,000 SF and
|
$100
|
for each 10,000 SF of floor area over 10,000 SF
|
Site Plan Modification
|
$1,500
|
|
Minor Site Plan
|
$200
|
|
Conditional Use
|
$500
|
|
Minor Subdivision
|
$500
|
plus $375 per lot
|
Preliminary Subdivision
|
$1,100
|
plus $375 per lot
|
Final Subdivision
|
$1,300
|
plus $175 per lot
|
Deed Review
|
$150
|
per deed/description
|
Bulk Variance
|
$100
|
per variance in residential zones when exempt from site plan
review
|
$300
|
per variance in residential zones when site plan or subdivision
required
|
$375
|
per variance in all other zones
|
Use Variance
|
$1,500
|
|
P.U.R.D. (Preliminary)
|
$8,500
|
for first 40 acres or any part thereof, and
|
$100
|
for each additional acre over 40 acres or any part thereof,
and
|
$100
|
per unit of residential development, and
|
$0.20
|
per square foot of commercial development
|
P.U.R.D. (Final)
|
$4,000
|
plus $50 per unit (residential development) and
|
$0.20
|
per square foot of commercial development
|
Request for Extension of Time
|
$300
|
|
Zoning Board Interpretation of Ordinance and Map
|
$250
|
residential zones
|
$450
|
all other zones
|
Subdivision Certificate
|
$10
|
|
Property Owners Within 200 feet Radius
|
$0.25
|
per name or $10.00 whichever is greater
|
Permit for Structure on Lot Not Related to a Street
|
$150
|
residential zones
|
$250
|
all other zones
|
Appeal to Township Council
|
$200
|
|
Pre-Application Review
|
$150
|
per request
|
Review of Homeowners Documents
|
$550
|
for initial submission, plus $150 per addition to the initial
document in order to expand the originally approved coverage of the
Homeowner's Declaration of Covenants to add sections to the development
|
Review of Revised Plans in Accordance with Resolutions of Approval
beyond applicant's initial resubmission
|
$300
|
per resubmittal
|
Review of As-Built Drawings
|
$375
|
per request
|
Zoning Board, Appeal of
|
$125
|
residential zones
|
Decision
|
$375
|
all other zones
|
Review of Application for completeness beyond initial submission
|
$75
|
per submittal
|
Conversion of Final Plat to CAD Format
|
$25
|
plus $10 per lot
|
Where an applicant seeks more than one approval in an Application
for Development, applicant shall pay an aggregate fee equal to the
total of all separate fees payable for each approval requested in
the Application for Development. For purposes of this section separate
fees shall be payable for use variances and for bulk variances.
No fee shall be required for a bulk variance from the requirements
of the Zoning Ordinance where it involves a pre-existing condition.
Whenever an application is made for site plan approval or a
use variance with regard to a pre-existing undersized lot or parcel,
the fee for bulk variances shall not exceed $375.00, regardless of
the number of new bulk variances required.
Refunds-Application fees involving site plan, subdivision and
variance applications which are withdrawn prior to one week preceding
the first scheduled public hearing are entitled to a refund in accordance
with the following schedule:
1. Prior to certification that application is complete - 90%.
2. After certification but prior to one week preceding the first scheduled
public hearing - 50%.
Revised Plans-Each additional review of revised plans in accordance
with Resolutions of approval adopted by the Planning or Zoning Board
for approval compliance - $50.00 for minor and modified subdivisions
and site plans, and $200.00 for major site plan and subdivision compliance
review beyond the applicant's initial resubmission of plans.
[Added 10-13-97 by Ord. No. 97-28; amended 2-23-98 by Ord. No. 98-8; 4-18-05 by Ord. No. 05-06; 4-24-6 by Ord. No. 06-15; 9-14-09
by Ord. No. 09-19; Amended 11-28-16
by Ord. 16-21; 3-6-17 by Ord. No. 17-12]
A. Purpose. In Holmdel Builder's Association V. Holmdel Township, 121
N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory
development fees are authorized by the Fair Housing Act of 1985 (the
Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject
to the Council on Affordable Housing's (COAH's) adoption of rules.
Pursuant to P.L. 2008, c. 46 section 8 (C. 52:27D-329.2) and the Statewide
Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7), COAH
was authorized to adopt and promulgate regulations necessary for the
establishment, implementation, review, monitoring and enforcement
of municipal affordable housing trust funds and corresponding spending
plans. Municipalities that are under the jurisdiction of the Council
or a Court of competent jurisdiction and have an approved spending
plan may retain fees collected from residential and non-residential
development.
This ordinance establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to COAH's regulations
and in accordance with P.L. 2008, c. 46, Sections 8 and 32-38. Fees
collected pursuant to this ordinance shall be used for the sole purpose
of providing low- and moderate-income housing. This ordinance shall
be interpreted within the framework of COAH's rules on development
fees.
B. Basic Requirements.
[Added 9-14-09 by Ord. No. 09-19; amended 3-6-17 by Ord. No. 17-12]
1. This ordinance shall not be effective until approved by the Court
as part of the grant of a Judgement of Compliance and Repose.
2. The Township of East Brunswick shall not spend development fees until
the Court has approved a plan for spending such fees as part of the
grant of a Judgement of Compliance and Repose.
C. Residential Development Fees. All developers of residential developments
for which minor or major subdivision or site plan approval are required
shall pay a development fee of one and one half (1.5) percent of the
equalized assessed value for each residential unit constructed. When
an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5)
(known as a Ad@ variance) has been permitted, developers shall be
required to pay a development fee of six percent (6%) of the equalized
assessed value for each additional unit approved. However, if the
zoning on a site has changed during the two-year period preceding
the filing of such a variance application, the density for the purposes
of calculating the bonus development fee shall be the highest density
permitted by right during the two-year period preceding the filing
of the variance application.
[Amended 4-18-05 by Ord. No. 05-06; 4-24-06 by Ord. No. 06-15; 9-14-09 by Ord. No. 09-19]
D. Eligible Exactions, Ineligible Exactions and Exemptions for Residential
Developments.
1. Affordable housing developments and/or developments where the developer
has made a payment in lieu of on-site construction of affordable units
shall be exempt from the payment of development fees.
2. Developments that have received preliminary or final site plan approval
prior to the adoption of this Ordinance shall be exempt from the payment
of development fees, unless the developer seeks a substantial change
in the original approval. Where site plan approval is not applicable,
the issuance of a Zoning Permit and/or Construction Permit shall be
synonymous with preliminary or final site plan approval for the purpose
of determining the right to an exemption. In all cases, the applicable
fee percentage shall be determined based upon the Development Fee
Ordinance in effect on the date that the Construction Permit is issued.
3. Improvements or additions to existing one and two-family dwellings
on individual lots shall not be required to pay a development fee,
but a development fee shall be charged for any new dwelling constructed
as a replacement for a previously existing dwelling on the same lot
that was or will be demolished, unless the owner resided in the previous
dwelling for a period of one year or more prior to obtaining a demolition
permit. Where a development fee is charged for a replacement dwelling,
the development fee shall be calculated on the increase in the equalized
assessed value of the new structure as compared to the previous structure.
4. Homes replaced as a result of a natural disaster (such as a fire
or flood) shall be exempt from the payment of a development fee.
E. Nonresidential
Development Fees. Within all zoning districts, non-residential developers,
except for developers of the types of development specifically exempted,
shall pay a fee equal to two and one-half (2.5) percent of the equalized
assessed value of the land and improvements, for all new non-residential
construction on an unimproved lot or lots. Non-residential developers,
except for developers of the types of development specifically exempted,
shall also pay a fee equal to two and one-half (2.5) percent of the
increase in equalized assessed value resulting from any additions
to existing structures to be used for non-residential purposes
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of two and
a half percent (2.5%) shall be calculated on the difference between
the equalized assessed value of the pre-existing land and improvement
and the equalized assessed value of the newly improved structure,
i.e. land and improvement, at the time final certificate of occupancy
is issued. If the calculation required under this section results
in a negative number, the non-residential development fee shall be
zero.
[Amended 9-14-09 by Ord. No. 09-19]
F.
Eligible exactions, ineligible
exactions and exemptions for non-residential development:
1) The non-residential portion of a mixed-use inclusionary or market
rate development shall be subject to the two and a half (2.5) percent
development fee, unless otherwise exempted below.
2) The two and a half percent (2.5% development fee shall not apply
to an increase in equalized assessed value resulting from alterations,
change in use within the existing footprint, reconstruction, renovations
and repairs.
3) Non-residential developments shall be exempt from the payment of
non-residential development fees in accordance with the exemptions
required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF
A State of New Jersey Non-Residential Development Certification/Exemption@
Form. Any exemption claimed by a developer shall be substantiated
by that developer.
4) A developer of a non-residential development exempted from the non-residential
development fee pursuant to P.L. 2008, c. 46 shall be subject to it
at such time the basis for the exemption no longer applies, and shall
make the payment of the non-residential development fee, in that event,
within three years after that event or after the issuance of the final
certificate of occupancy of the non-residential development, whichever
is later.
5) If a property which was exempted from the collection of a non-residential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid non-residential development fees under these circumstances
may be enforceable by the Township of East Brunswick as a lien against
the real property of the owner
G. Collection of Fees.
[Amended 9-14-09 by Ord. No. 09-19]
1. An estimated development fee shall be calculated by the certified
financial officer or designee, utilizing estimates for equalized assessed
value, prior to the issuance of a certificate of occupancy.
[Amended 9-14-09 by Ord. No. 09-19]
2. Developers shall pay the estimated development fee in full to the
Township of East Brunswick at the issuance of a certificate of occupancy.
Such development fees shall be deposited into an escrow account and
held until: (1) the tax assessor officially calculates the equalized
assessed value in conjunction with the annual added assessment list,
and (2) the final development fee using the equalized assessed value
is calculated by the certified financial officer or designee. The
developer shall be responsible for paying any difference between the
amount paid at the time of issuance of a certificate of occupancy
and the final development fee. The Township shall be required to refund
any monies paid at the time of the issuance of a certificate of occupancy
in excess of the final development fee.
3.
Collection procedures.
[Added 9-14-09 by Ord. No. 09-19; amended 3-6-17 by Ord. No. 17-12]
a.
Upon the granting of a preliminary, final or other applicable
approval, for a development, the applicable approving authority shall
direct its staff to notify the Construction Official or designee responsible
for the issuance of a building permit.
b.
For non-residential developments only, the developer shall also
be provided with a copy of Form N-RDF "State of New Jersey Non-Residential
Development Certification/Exemption" or its successor to be completed
as per the instructions provided. The developer of a non-residential
development shall complete Form N-RDF as per the instructions provided.
The Construction Official or designee shall verify the information
submitted by the non-residential developer as per the instructions
provided in the Form N-RDF. The Tax Assessor shall verify exemptions
and prepare estimated and final assessments as per the instructions
provided in Form N-RDF.
[Added 3-6-17 by Ord. No. 17-12]
c.
The Construction Official or designee shall notify the Tax Assessor
of the issuance of the first building permit for a development which
is subject to a development fee.
d.
Within 90 days of receipt of that notice, the Tax Assessor,
based on the plans filed, shall provide an estimate of the equalized
assessed value of the development.
e.
The Construction Official responsible for the issuance of a
final certificate of occupancy or designee notifies the Tax Assessor
of any and all requests for the scheduling of a final inspection on
property which is subject to a development fee.
f.
Within 10 business days of a request for the scheduling of a
final inspection, the municipal assessor shall confirm or modify the
previously estimated equalized assessed value of the improvements
of the development; calculate the development fee; and thereafter
notify the developer of the amount of the fee.
g.
Should East Brunswick Township fail to determine or notify the
developer of the amount of the development fee within 10 business
days of the request for final inspection, the developer may estimate
the amount due and pay that estimated amount consistent with the dispute
process set forth in subsection b of section 37 of P.L. 2008, c. 46
(C. 40:55D-8.6).
H. Appeal of development fees.
[Added 9-14-09 by Ord. No. 09-19]
1. A developer may challenge residential development fees imposed by
filing a challenge with the County Board of Taxation. Pending a review
and determination by the Board, collected fees shall be placed in
an interest bearing escrow account by East Brunswick Township. Appeals
from a determination of the Board may be made to the tax court in
accordance with the provisions of the State Tax Uniform Procedure
Law, R.S. 54:48-1 et seq., within 90 days after the date of such determination.
Interest earned on amounts escrowed shall be credited to the prevailing
party.
2. A developer may challenge non-residential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest bearing escrow account by East Brunswick
Township. Appeals from a determination of the Director may be made
to the tax court in accordance with the provisions of the State Tax
Uniform Procedure Law, R.S. 54:48-1 et seq., within 90 days after
the date of such determination. Interest earned on amounts escrowed
shall be credited to the prevailing party.
I. Affordable Housing Trust Fund.
[Amended 9-14-09 by Ord. No. 09-19; 3-6-17 by Ord. No. 17-12]
1.
There is hereby created an interest
bearing housing trust fund for the purpose of receiving development
fees from residential and nonresidential developers and proceeds from
the sale of units with extinguished controls. All development fees
paid by developers pursuant to this ordinance shall be deposited in
this fund. No money shall be expended from the Affordable Housing
Trust Fund unless the expenditure conforms to a spending plan approved
by COAH or the Court, as applicable. The following additional funds
shall be deposited in the Affordable Housing Trust Fund and shall
at all times be identifiable by source and amount:
a.
Payments in lieu of on-site construction of affordable units;
b.
Developer contributed funds to make ten percent (10%) of the
adaptable entrances in a townhouse or other multistory attached development
accessible;
c.
Rental income from municipally operated units;
d.
Repayments from affordable housing program loans;
f.
Proceeds from the sale of affordable units; and
g.
Any other funds collected in connection with East Brunswick
Township's affordable housing program.
2. If COAH or the Court determines that the Township of East Brunswick
is not in conformance with COAH's rules on development fees, the State
of New Jersey shall be authorized to direct the manner in which all
development fees collected pursuant to this ordinance shall be expended.
Such authorization is pursuant to: this ordinance, COAH's rules on
development fees, and the written authorization from the Township
Council to the bank in which the housing trust fund is located.
J. Use of Funds.
[Amended 9-14-09 by Ord. No. 09-19; 3-6-17 by Ord. No. 17-12]
1. The expenditure of all funds shall conform to a spending plan approved
by the Court. Funds deposited in the housing trust fund may be used
for any activity approved by the Court to address East Brunswick Township's
fair share obligation and may be set up as a grant or revolving loan
program. Such activities include, but are not limited to: preservation
or purchase of housing for the purpose of maintaining or implementing
affordability controls, rehabilitation, new construction of affordable
housing units and related costs, accessory apartment, market to affordable,
or regional housing partnership programs, conversion of existing non-residential
buildings to create new affordable units, green building strategies
designed to be cost saving and in accordance with accepted national
or state standards, purchase of land for affordable housing, improvement
of land to be used for affordable housing, extensions or improvements
of roads and infrastructure to affordable housing sites, financial
assistance designed to increase affordability, administration necessary
for implementation of the Housing Element and Fair Share Plan, or
any other activity permitted by the Court as specified in the approved
spending plan.
2. Funds shall not be expended to reimburse the Township of East Brunswick
for past housing activities.
3. At least 30 percent of all development fees collected and interest
earned shall be used to provide affordability assistance to low- and
moderate-income households in affordable units included in the municipal
Fair Share Plan. One-third of the affordability assistance portion
of development fees collected shall be used to provide affordability
assistance to those households earning 30 percent or less of median
income by region.
4. Affordability assistance programs may include down payment assistance,
utility payment assistance, security deposit assistance, low interest
loans, rental assistance, assistance with homeowners association or
condominium fees and special assessments, and assistance with emergency
repairs.
5. Affordability assistance to households earning 30 percent or less
of median income may include buying down the cost of low or moderate
income units in the municipal Fair Share Plan to make them affordable
to households earning 30 percent or less of median income. The use
of development fees in this manner may entitle the Township of East
Brunswick to bonus credits pursuant to N.J.A.C. 5:97-3.7.
6. Payments in lieu of constructing affordable units on site and funds
from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
7. The Township of East Brunswick may contract with a private or public
entity to administer any part of its Housing Element and Fair Share
Plan, including the requirement for affordability assistance, in accordance
with N.J.A.C. 5:96-18.
8. No more than 20 percent of all revenues collected from development
fees annually, may be expended on administration, including, but not
limited to, salaries and benefits for municipal employees or consultant
fees necessary to develop or implement a new construction program,
a Housing Element and Fair Share Plan, and/or an affirmative marketing
program. In the case of a rehabilitation program, no more than 20
percent of the annual revenues collected from development fees shall
be expended for such administrative expenses. Administrative funds
may be used for income qualification of households, monitoring the
turnover of sale and rental units, and compliance with the Court's
monitoring requirements. Legal or other fees related to litigation
opposing affordable housing sites or objecting to the Court's or COAH's
requirements or regulations and/or actions are not eligible uses of
the affordable housing trust fund.
[Amended 11-28-16 by Ord. 16-21; 3-6-17 by Ord. No. 17-12]
K. Monitoring.
On the first anniversary of the entry of the Order granting
East Brunswick a Final Judgment of Compliance and Repose, and every
anniversary thereafter through the end of the Repose period, the Township
shall provide annual reporting of its Affordable Housing Trust Fund
activity to the New Jersey Department of Community Affairs, Council
on Affordable Housing or Local Government Services, or other entity
designated by the State of New Jersey, with a copy provided to Fair
Share Housing Center and posted on the municipal website, using forms
developed for this purpose by the New Jersey Department of Community
Affairs, Council on Affordable Housing or Local Government Services.
The reporting shall include an accounting of all Affordable Housing
Trust Fund activity, including the source and amount of funds collected
and the amount and purpose for which any funds have been expended.
[Added 9-14-09 by Ord. No. 09-19; amended 11-28-16 by Ord. 16-21]
L. Expiration of Ordinance.
The ability for East Brunswick Township to impose, collect and
expend development fees shall expire with the expiration of its Judgement
of Compliance and Repose unless East Brunswick Township has, prior
to that expiration, filed an adopted Housing Element and Fair Share
Plan with the Court or COAH, or other authorized agency duly empowered
to grant substantive certification or its equivalent, has petitioned
for a new Judgement of Compliance and Repose or substantive certification,
and has received approval of its development fee ordinance from the
applicable entity. If East Brunswick Township fails to renew its ability
to impose and collect development fees prior to the expiration of
its Judgement of Compliance and Repose, it may be subject to forfeiture
of any or all funds remaining within its housing trust fund. Any funds
so forfeited shall be deposited into the "New Jersey Affordable Housing
Trust Fund" established pursuant to section 20 of P.L. 1985, c. 222
(C. 52:27D-320). East Brunswick Township shall not impose a residential
development fee on a development, nor shall East Brunswick Township
retroactively impose a residential development fee on a development,
nor shall East Brunswick Township expend development fees after the
expiration of its Judgement of Compliance and Repose.
[Amended 9-14-09 by Ord. No. 09-19; 3-6-17 by Ord. No. 17-12]
M. Definitions.
[Amended 9-14-09 by Ord. No. 09-19; 11-28-16 by Ord. 16-21; 3-6-17 by Ord.
No. 17-12]
1. "Affordable Housing Development" means a development included in
the Housing Element and Fair Share Plan, and includes but is not limited
to, an inclusionary development, a municipal construction project
or a 100 percent affordable development.
[Added 9-14-09 by Ord. No. 09-19]
2. "COAH" or the "Council" means the New Jersey Council on Affordable
Housing established under the Fair Housing Act given as primary jurisdiction
for the administration of housing obligations in the State or any
subsequent entity assigned primary jurisdiction for the administration
of affordable housing.
[Amended 9-14-09 by Ord. No. 09-19; 11-28-16 by Ord. 16-21; 3-6-17 by Ord.
No. 17-12]
3. "Developer" means the legal or beneficial owner or owners of a lot
or of any land proposed to be included in a proposed development,
including the holder of an option or contract to purchase, or other
person having an enforceable proprietary interest in such land.
[Added 9-14-09 by Ord. No. 09-19]
4. "Development fees" means money paid by a developer for the improvement
of property as permitted by law.
[Amended 9-14-09 by Ord. No. 09-19; 3-6-17 by Ord. 17-12]
5. "Equalized assessed value" means the assessed value of a property
divided by the current average ratio of assessed to true value for
the municipality in which the property is situated, as determined
in accordance with sections 1, 5, and 6 of P.L. 1973, c. 123 (C. 54:1-35a
through C. 54:1-35c.).
[Amended 9-14-09 by Ord. No. 09-19]
6. "Green Building Strategies" means those strategies that minimize
the impact of development on the environment, and enhance the health,
safety and well-being of residents by producing durable, low-maintenance,
resource-efficient housing while making optimum use of existing infrastructure
and community services.
[Added 9-14-09 by Ord. No. 09-19]
7. "Judgment of Compliance and Repose" means a judgment issued by the
Superior Court approving a municipality's plan to satisfy its fair
share obligation.
[Amended 9-14-09 by Ord. No. 09-19; 3-6-17 by Ord. No. 17-12]
[Amended 5-10-93 by Ord. No. 93-23; 10/2/95 by Ord. No. 95-34; 10-15-01 by Ord. No. 01-33]
Escrow shall be deposited with the Township to cover the cost
of any professional services rendered to the municipality or approving
authority for review of applications for development, review and preparation
of documents, inspection of improvements or other purposes under the
provisions of P.L. 1975, c. 291 (C. 40:55D-1 et seq.)
Prior to an application being ruled complete, the following
sum(s) shall be submitted to be held in escrow:
RESIDENTIAL DEVELOPMENT (Subdivisions, P.U.R.D.'s)
|
ESCROW TO BE POSTED
|
0-25 Units/Lots
|
$2,000.00
|
26-100 Units/Lots
|
$2,500.00
|
101+ Units/Lots
|
$4,999.00
|
NON-RESIDENTIAL DEVELOPMENT (Subdivision)
|
NOT INVOLVING STRUCTURES
|
LOTS
|
|
0-3
|
$3,500.00
|
3+
|
$4,999.00
|
NON-RESIDENTIAL DEVELOPMENT (Site Plans)
|
INVOLVING STRUCTURES/PAVEMENT
|
TOTAL FLOOR PLAN
|
|
1,250-2,500 square feet
|
$1,000.00
|
2,501-20,000 square feet
|
$2,000.00
|
20,000+ square feet
|
$4,999.00
|
USE VARIANCE [Added 10-15-01 by Ord. No. 01-33]
|
$1,000.00
|
Escrow shall be posted with the Township in cash, Certified
Check or Money Order.
All funds shall be deposited by the Finance Officer in accordance
with N.J.S.A. 40:55D-53.1.
All professional charges for review of an application for development,
review and preparation of documents or inspection of improvements
shall be reasonable and necessary, given the status and progress of
the application or construction. Review fees shall be charged only
in connection with an application for development presently pending
before the approving authority or upon review of compliance with conditions
of approval, or review of requests for modification or amendment made
by the applicant. A professional shall not review items which are
subject to approval by any State governmental agency and not under
municipal jurisdiction except to the extent consultation with a State
agency is necessary due to the effect of State approvals in the subdivision
or site plan.
If the municipality retains a different professional or consultant
in the place of the professional originally responsible for development,
application review, or inspection of improvements, the municipality
shall be responsible for all time and expenses of the new professional
to become familiar with the application or the project, and the municipality
shall not bill the applicant or charge the deposit or the escrow account
for any such services.
[Added 5-10-93 by Ord. No. 93-23; amended 10-2-95 by Ord. No. 95-34]
The municipality shall be reimbursed for all payments to independent
consultants in accordance with N.J.S.A. 40:55D-53.2. If the salary,
staff support and overhead for a municipal professional are provided
by the municipality, the charge shall not exceed 200% of the sum of
the products resulting from multiplying (1) the hourly base salary,
which shall be established annually by ordinance, of each of the professionals
by (2) the number of hours spent by the respective professional upon
review of the application for development or inspection of the developer's
improvements, as the case may be. For other professionals the charge
shall be at the same rate as all other work of the same nature by
the professional for the municipality when fees are not reimbursed
or otherwise imposed on applicants or developers.
[Added 5-10-93 by Ord. No. 93-23]
All escrow funds shall be utilized by the appropriate Board
to pay the cost of any professional fees incurred by the Board for
review and/or testimony. The term "professional", as used herein,
shall include the services of a duly licensed engineer, surveyor,
planner, attorney, appraiser or other expert who would provide professional
services to insure that an application complies with the standards
set forth in Township ordinances and experts whose testimony may be
solicited to give further information to the Approving Board in any
area addressed by any of applicant's experts.
[Added 5-10-93 by Ord. No. 93-23; amended 10-2-95 by Ord. No. 95-34]
The following close-out procedure shall apply to all deposits
and escrow accounts established under the provisions of P.L. 1975,
c. 291 (C. 40:55D-1 et seq.) and shall commence after the approving
authority has granted final approval and signed the subdivision plat
or site plan, in the case of application review escrows and deposits,
or after the improvements have been approved as provided in section
41 of P.L. 1975, c. 291 (C. 40:55D-53), in the case of improvement
inspection escrows and deposits. The applicant shall send written
notice by certified mail to the chief financial officer of the municipality
and the approving authority, and to the relevant municipal professional,
that the application or the improvements, as the case may be are completed.
After receipt of such notice, the professional shall render a final
bill to the chief financial officer of the municipality within 30
days, and shall send a copy simultaneously to the applicant. The chief
financial officer of the municipality shall render a written final
accounting to the applicant on the uses to which the deposit was put
within 45 days of receipt of the final bill. Any balances remaining
in the deposit or escrow account, including interest in accordance
with section 1 of P.L. 1985, c. 315 (C. 40:55D-53.1), shall be refunded
to the developer along with the final accounting.
NOTE: To facilitate the release of escrow, applicants are requested
to submit a signed escrow release voucher with the development application.
[Added 5-10-93 by Ord. No. 93-23]
No subdivision plat or deed, or site plan, shall be signed,
nor shall any zoning permits, based upon variances or interpretations
of the Zoning Ordinance, building permits, certificates of occupancy
or any other types of permits be issued with respect to any approved
application for development until:
(a)
All bills for reimbursable services have been received by the
municipality from professional persons rendering services in connection
with such application;
(b)
The applicant has reimbursed the municipality the excess by
which the amount of the bills exceeds the amount escrowed. The applicant
shall place on the record its agreement to be bound by the provisions
of the Township's escrow ordinances.
[Added 5-10-93 by Ord. No. 93-23; amended 2-10-2020 by Ord. No. 20-03]
A. No professional personnel submitting bills to the Township under
this chapter shall charge for any of the services referred to therein
at any higher rate or in any different manner from that which would
normally be charged to the municipality for similar work. Payment
of any bill rendered by a professional to the municipality with respect
to any service for which the municipality is entitled to reimbursement
shall in no way be contingent upon receipt of reimbursement by the
applicant, nor shall any payment for service be delayed pending reimbursement
of the Township by an applicant.
B. Charges for professionals who are employees of the municipality may
not exceed 200% of the sum of the products resulting from multiplying
the hourly base salary (established by ordinance, as aforesaid) by
the number of hours spent by the professional in reviewing the application
for development, including all meetings and site visits.
[Added 10-2-95 by Ord. No. 95-34]
The Chief Financial Officer of a municipality shall make all
of the payments to professionals for services rendered to the municipality
or approving authority for review of applications for development,
review and preparation of documents, inspection of improvements or
other purposes under the provisions of P.L. 1975, c. 291 (N.J.S.A.
40:55D-1 et seq.). Such fees or charges shall be based upon a schedule
established by resolution.
Each payment charged to the deposit for review of applications,
review and preparation of document and inspection of improvements
shall be pursuant to a voucher from the professional, which voucher
shall identify the personnel performing the service, and for each
date the services performed, the hours spent to one-quarter hour increments,
the hourly rate and the expenses incurred. All professionals shall
submit vouchers to the Chief Financial Officer of the municipality
on a monthly basis in accordance with schedules and procedures established
by the Chief Financial Officer of the municipality. If the services
are provided by a municipal employee, the municipal employee shall
prepare and submit to the Chief Financial Officer of the municipality
a statement containing the same information as required on a voucher,
on a monthly basis. The professional shall send an informational copy
of all vouchers or statements submitted to the Chief Financial Officer
of the municipality simultaneously to the applicant. The Chief Financial
Officer of the municipality shall prepare and send to the applicant
a statement which shall include an accounting of funds, listing all
deposits, interest earnings, disbursements, and the cumulative balance
of the escrow account. This information shall be provided on a quarterly
basis if monthly charges are $1,000 or less, or on a monthly basis
if monthly charges exceed $1,000. If an escrow account or deposit
contains insufficient funds to enable the municipality or approving
authority to perform required application reviews or improvement inspections,
the Chief Financial Officer of the municipality shall provide the
applicant with a notice of the insufficient escrow or deposit balance.
In order for work to continue on the development or the application,
the applicant shall, within a reasonable time period, post a deposit
to the account in an amount to be agreed upon by the municipality
or approving authority and the applicant. In the interim, any required
health and safety inspections shall be made and charged back against
the replenishment of funds.
[Added 10-2-95 by Ord. No. 95-34]
A. An applicant shall notify, in writing, the governing body, with copies
to the Chief Financial Officer, the approving authority and the professional,
whenever the applicant disputes the charges made by a professional
for service rendered to the municipality in reviewing applications
for development, review and preparation of documents, inspection of
improvements, or other charges made pursuant to the provisions of
P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). The governing body,
or its designee, shall, within a reasonable time period, attempt to
remediate any disputed charges. If the matter is not resolved to the
satisfaction of the applicant, the applicant may appeal to the County
Construction Board of Appeals established under Section 9 of P.L.
1975, c. 217 (N.J.S.A. 52:27D-127) any charge to an escrow account
or a deposit by any municipal professional or consultant, or the cost
of the installation of improvements estimated by the Municipal Engineer
pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
An applicant or his authorized agent shall submit the appeal in writing
to the County Construction Board of Appeals. The applicant or his
authorized agent shall simultaneously send a copy of the appeal to
the municipality, approving authority, and any professional whose
charge is the subject of the appeal. An applicant shall file an appeal
within 45 days from receipt of the informational copy of the professional's
voucher required by Subsection c of Section 13 of P.L. 1991, c. 256
(N.J.S.A. 40:55D-53-2), except that if the professional has not supplied
the applicant with an informational copy of the professional's voucher,
then the applicant shall file his appeal within 60 days from receipt
of the municipal statement of activity against the deposit or escrow
account required by Subsection c of Section 13 of P.L. 1991, c. 256
(N.J.S.A. 40:55D-53-2). An applicant may file an appeal for an ongoing
series of charges by a professional during a period not exceeding
six months to demonstrate that they represent a pattern of excessive
or inaccurate charges. An applicant making use of this provision need
not appeal each charge individually.
B. The County Construction Board of Appeals shall hear the appeal, render
a decision thereon, and file its decision with a statement of the
reasons therefor with the municipality or approving authority not
later than 10 business days following the submission of the appeal,
unless such period of time has been extended with the consent of the
applicant. The decision may approve, disapprove, or modify the professional
charges appealed from. A copy of the decision shall be forwarded by
certified or registered mail to the party making the appeal, the municipality,
the approving authority, and the professional involved in the appeal.
Failure by the Board to hear an appeal and render and file a decision
thereon within the time limits prescribed in this subsection shall
be deemed a denial of the appeal for purposes of a complaint, application,
or appeal to a court of competent jurisdiction.
C. The county construction board of appeals shall provide rules for
its procedure in accordance with this section. The board shall have
the power to administer oaths and issue subpoenas to compel the attendance
of witnesses and the production of relevant evidence, and the provisions
of the "County and Municipal Investigation Law," P.L. 1953, c. 38
(C. 2A:6AA-1 et seq.) shall apply.
D. During the pendence of any appeal, the municipality or approving
authority shall continue to process, hear, and decide the application
for development, and to inspect the development in the normal course,
and shall not withhold, delay, or deny reviews, inspections, signing
of subdivision plats or site plans, the reduction or the release of
performance or maintenance guarantees, the issuance of construction
permits or certificates of occupancy, or any other approval or permit
because an appeal has been filed or is pending under this subsection.
The chief financial officer of the municipality may pay charges out
of the appropriate escrow account or deposit for which an appeal has
been filed. If a charge is disallowed after payment, the chief financial
officer of the municipality shall reimburse the deposit or escrow
account in the amount of any such disallowed charge or refund the
amount to the applicant. If a charge is disallowed after payment to
a professional or consultant who is not an employee of the municipality,
the professional or consultant shall reimburse the municipality in
the amount of any such disallowed charge.
Whenever the Environmental Commission has prepared and submitted
to the Planning Board and to the Board of Adjustment an index of the
natural resources of the Township (Natural Resources Inventory), the
Planning Board or Board of Adjustment shall make available to the
Environmental Commission an information copy of every application
for development submitted to either Board. Failure of the Planning
Board or Board of Adjustment to make such informational copy available
to the Environmental Commission shall not invalidate any hearing or
proceeding.
Notices pursuant to this ordinance shall state the time and
place of the hearing; the nature of the matters to be considered;
and in, the case of notices pursuant to N.J.S.A. C. 40:55D-12, identification
of the property proposed for development by street address, if any,
or by reference to lot and block numbers as shown on the current tax
duplicate in the Municipal Tax Assessor's Office, and the location
and times at which any maps and documents for which approval is sought
are available.
Whenever a hearing is required on an application for development
pursuant to c. 291, P.L. 1975 (N.J.R.S. 40:55D-1 et seq.), the applicant
shall give notice as follows:
A. Notice shall be given by the applicant not less than ten (10) days
prior to the date of the hearing.
B. Public notice of a hearing on all applications for development and
for appeals, except for minor site plans, and final subdivision, shall
be given by the applicant. Public notice shall be given by publication
in one of the official newspapers of the township.
C. Notice of a hearing requiring public notice pursuant to Subsection
B of this section shall be given to the owners of all real property, as shown on the current tax duplicate, located in the State and within two hundred (200) feet in all directions of the property which is the subject of such hearing; provided that this requirement shall be deemed satisfied by notice to the (1) condominium association, in the case of any unit owner whose unit has a unit above or below it, or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the property owner as shown on said current tax duplicate, or his agent in charge of the property, or by mailing a copy thereof by certified mail to the property owner at his address as shown on said current tax duplicate. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners, or homeowners on account of such common elements or areas.
D. Upon the written request of an applicant, the Director of Planning and Engineering or his designee shall, within seven (7) days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to Subsection
C of this section. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $.25 per name, or $10.00, whichever is greater, shall be charged for such list.
E. Notice of all hearings on applications for development involving
property located within two hundred (200) feet of an adjoining municipality
shall be given by personal service or certified mail to the Clerk
of such municipality.
F. Notice shall be given by personal service or certified mail to the
County Planning Board of a hearing on an application for development
of property adjacent to an existing county road or proposed road shown
on the Official County Map or on the County Master Plan, adjoining
other county land or situated within two hundred (200) feet of a municipal
boundary. Such notice shall be accompanied by a copy of the application
for development which has been filed with the East Brunswick Director
of Planning and Engineering or his designee(s), and by three (3) full
sets of all supporting documents. The copy of the foregoing application
and documents which are delivered to the Middlesex County Planning
Board shall bear the "received" stamp of the East Brunswick Department
of Planning and Engineering.
G. Notice shall be given by personal service or certified mail to the
Commissioner of Transportation of a hearing on an application for
development of property adjacent to a state highway, as it affects
access, drainage and utilities. Such notice shall be accompanied by
a copy of the application for development which has been filed with
the East Brunswick Director of Planning and Engineering, or his designee,
and by six (6) full sets of all supporting documents. The copy of
the foregoing application and documents which are delivered to the
Commissioner of Transportation shall bear the "received" stamp of
the East Brunswick Department of Planning and Engineering.
H. Notice shall be given by personal service or certified mail to the
Director of the Division of State and Regional Planning, New Jersey
Department of Community Affairs, of a hearing on an application for
development of property which exceed one hundred fifty (150) acres
or five hundred (500) dwelling units. Such notice shall be accompanied
by a copy of the application for development which has been filed
with the East Brunswick Director of Planning and Engineering, or his
designee, and by one (1) copy of all supporting documents. The copy
of the foregoing application and documents which are delivered to
the Director of the Division of State and Regional Planning, New Jersey
Department of Community Affairs, shall bear the "received" stamp of
the East Brunswick Department of Planning and Engineering.
I. Notice shall be given by personal service or certified mail to the
appropriate official of the United States Soil Conservation Service
district office of an application for development which exceeds five
thousand (5,000) square feet of soil disturbance in accordance with
the Soil Erosion and Sediment Control Act, N.J.R.S. 4:24 39 et seq.
Such notice shall be accompanied by a copy of the application for
development which has been filed with the East Brunswick Director
of Planning and Engineering, or his designee, and by three (3) full
sets of the soil erosion and sedimentation control plans submitted
with such application. The copy of the foregoing application and documents
which are delivered to the United States Soil Conservation district
office shall bear the "received" stamp of the East Brunswick Department
of Planning and Engineering.
J. Notice shall be given by personal service or certified mail to the
Commissioner of Environmental Protection, State of New Jersey, of
any application for development of property which involves a stream
encroachment, as defined by N.J.R.S. 58:1 et seq., and of any application
for development of property involving a floodway as designated by
the State of New Jersey. Such notice shall be accompanied by a copy
of the application for development which has been filed with the East
Brunswick Director of Planning and Engineering, or his designee, and
by five (5) full sets of the plans submitted with each application.
The copy of the foregoing application and documents which are delivered
to the Commissioner of Environmental Protection shall bear the "received"
stamp of the East Brunswick Department of Planning and Engineering.
K. The applicant shall file an affidavit of proof of service of all
of the aforesaid notices required for the applicant's particular application
with the township agency holding the hearing on the application for
development, in the event that the applicant is required to give notice
pursuant to this section.
Any notice made by certified mail shall be complete upon mailing.
No application for development will be granted unless all conditions
imposed on prior approved applications for the same site have been
completed.
[Amended 5-10-93 by Ord. No. 93-24]
Pursuant to the provision of N.J.S.A. 40:55D 39 and N.J.S.A.
40:55D 65, every application for development submitted shall be accompanied
by proof that no taxes or assessments for local improvements or fines,
penalties or any monies are due or delinquent on the property which
is the subject of such application; or, if it is shown that taxes,
assessments, fines, penalties or any monies are delinquent on said
property, no deliberations or action shall be taken by any Township
agency or Board. At the time of Board action or deliberation on an
application, proof shall be submitted that no taxes or assessments,
as of that date, for local improvements are due or delinquent.
The applicant or his agent shall appear at all regular meetings
of the Board whenever the application is being considered. Failure
to appear shall give the Board the right to postpone action on the
application if the applicant or the agent's absence deprives the Board
of information necessary to make a decision.
A. Meetings of each Board shall be scheduled at least once a month,
unless cancelled for lack of applications.
B. Special meetings may be provided for at the call of the Chairman
or on the request of any two (2) Board members, which shall be held
on notice to its members and the public in accordance with all applicable
legal requirements.
C. No action shall be taken at any meeting without a quorum being present.
D. All actions shall be taken by majority vote of the members of the
municipal agency present except as otherwise required by Sections
of this chapter.
E. All regular meetings and all special meetings shall be open to the
public. Notice of all such meetings shall be given in accordance with
the requirements of the Open Public Meetings Act (N.J.S.A. 10:4 6,
et seq.).
Minutes of every regular or special meeting shall be kept and
shall include the names of the persons appearing and addressing the
township agency and of the persons appearing by attorney, the action
taken by the township agency, the findings if any, made by it and
the reasons therefor. The minutes shall thereafter be made available
for public inspection during normal business hours at the office of
the Director of the Department of Planning and Engineering. Any interested
party shall have the right to compel production of the minutes for
use as evidence in any legal proceedings concerning the subject matter
of such minutes. Such interested party may be charged a fee as established
by this chapter for reproduction of the minutes for his use.
A. The municipal agency shall hold a hearing on each application for
development or adoption, revision or amendment of the Master Plan.
B. The municipal agency shall make the rules governing the conduct of
hearings which shall not be inconsistent with the provisions of the
Municipal Land Use Law (N.J.S.A. 40:55D 1, et seq) or of this ordinance.
C. Any maps and documents for which approval is sought at a hearing
shall be on file and available for public inspection at least ten
(10) days before the date of the hearing, during normal business hours,
in the office of the Director of the Department of Planning and Engineering.
The applicant may produce other documents, records or testimony at
the hearing to substantiate or clarify or supplement the previously
filed maps and documents.
D. The officer presiding at the hearing or such person as he may designate
shall have power to administer oaths and issue subpoenas to compel
the attendance of witnesses and the production of relevant evidence,
including witnesses and documents presented by the parties, and the
provisions of the County and Municipal Investigations Law, P.L. 1953,
c. 38, (c. 2A:67A-1 et seq), shall apply.
E. The testimony of all witnesses relating to an application for development
shall be taken under oath or affirmation by the presiding officer,
and the right of cross examination shall be permitted to all interested
parties through their attorneys, if represented, or directly, if not
represented, subject to the discretion of the presiding officer and
to reasonable limitations as to time and number of witnesses.
F. All representations, commitments and agreements made by the applicant
or his representatives at the hearing or contained in any document,
plat or submission delivered to the Board at any time, including notes
contained on any development plans, unless modified by the Board,
shall be considered as conditions of approval of the application for
development and shall be incorporated by reference in the resolution
of approval.
G. Technical rules of evidence shall not be applicable to the hearing,
but the Chairperson of the agency may exclude irrelevant, immaterial
or unduly repetitious evidence.
H. The municipal agency shall provide for the verbatim recording of
the proceedings by either stenographic, mechanical or electronic means.
The municipal agency shall furnish a transcript, or duplicate recordings
in lieu thereof, on request to any interested party at his expense,
as set forth in 3 114 of the Code provided that the cost shall not
exceed the maximum permitted in N.J.S.A. 2A:11-15.
I. When any hearing before a Board shall carry over two (2) or more
meetings, a member of the Board who was absent for one (1) or more
of the meetings shall be eligible to vote on the matter upon which
the hearing was conducted, notwithstanding his absence from one (1)
or more of the previous meetings; provided, however, that such Board
member has available to him a transcript or recording from the meetings
from which he was absent and certifies in writing to the Board that
he has read such transcript or listened to such recording.
J. Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member of any class. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, Alternate
No. 1 shall vote.
A. The municipal agency shall include findings of fact and conclusions
based thereon in each decision on any application for development
and shall reduce the decision to writing. The municipal agency shall
provide the findings and conclusions through:
1. A resolution adopted at a meeting held within the time period provided
in the act for action by the municipal agency on the application for
development; or
2. A memorializing resolution adopted at a meeting held not later than
45 days after the date of the meeting at which the municipal agency
voted to grant or deny approval. Only the members of the municipal
agency who voted for the action taken may vote on the memorializing
resolution, and the vote of a majority of such members present at
the meeting at which the resolution is presented for adoption shall
be sufficient to adopt the resolution. An action pursuant to N.J.S.A.
(C. 40:55D-9) (resulting from the failure of a motion to approve an
application) shall be memorialized by resolution as provided above,
with those members voting against the motion for approval being the
members eligible to vote on the memorializing resolution. The vote
on any such resolution shall be deemed to be a memorialization of
the action of the municipal agency and not to be an action of the
municipal agency; however, the date of the adoption of the resolution
shall constitute the date of the decision for purposes of the mailings,
filings and publication required by subsections h and I of N.J.S.A.
40:55D-10. If the municipal agency fails to adopt a resolution or
memorializing resolution as hereinabove specified, any interested
party may apply to Superior Court in a summary manner for an order
compelling the municipal agency to reduce its findings and conclusions
to writing with a stated time and the cost of the application, including
attorney's fees, shall be assessed against the municipality.
B. Copies of the decision shall be mailed by the Secretary of the Board
within ten (10) days of the date of decision to the applicant or,
if represented, then to his attorney, without separate charge, and
to all who request a copy of the decision, for a fee as specified
in this chapter. A copy of the decision shall also be filed by the
township agency in the office of the Township Clerk or the Director
of the Department of Planning and Engineering, who shall make a copy
of such filed decision available to any interested party for a fee
as specified in this chapter and available for public inspection at
his or her office during township business hours.
C. A brief notice of the decision shall be published in the official
newspaper of the township. Such publication shall be arranged by the
Township Clerk or the Director of the Department of Planning and Engineering
or his designee, provided that the applicant may in any case provide
for publication of the decision. The applicant shall pay a fee as
designated by this chapter for publication of said notice; provided,
however, that if the applicant furnished proof of publication of the
notice of decision to the designated municipal officer within ten
(10) days from the date of decision, the township shall refund the
fee paid by the applicant to cover the cost of publication. The period
of time in which an appeal of decision may be made shall run from
the first publication of the decision, whether arranged by the township
or the applicant.
[Amended 1-25-99 by Ord. No. 99-4]
A. Site Plan (10 acres or less)
Upon the submission of a complete application for a site plan
which involves ten (10) acres of land or less, and ten (10) dwelling
units or less, the Planning Board shall grant or deny site plan approval
within forty five (45) days of the date of such submission or within
such further time as may be consented to by the developer, otherwise
the Planning Board shall be deemed to have granted preliminary approval
to the site plan.
B. Site Plan (more than 10 acres)
Upon the submission of a complete application for a site plan
which involves more than ten (10) acres, or more than ten (10) dwelling
units the Planning Board shall grant or deny approval within ninety
five (95) days of the date of such submission or within such further
time as may be consented to by the developer. Otherwise, the Planning
Board shall be deemed to have granted approval of the site plan.
C. Minor Subdivisions
Minor subdivision approval shall be granted or denied within
forty five (45) days of the date of submission of a complete application
or within such further time as may be consented to by the applicant.
Failure of the Planning Board to act within the period prescribed
shall constitute minor subdivision approval, and a certificate of
the Director of the Department of Planning and Engineering as to the
failure of the Planning Board to act shall be issued on request of
the applicant; and it shall be sufficient in lieu of the written endorsement
or other evidence of approval herein required, and shall be accepted
by the county recording officer for purposes of filing the subdivision.
Minor subdivision approval shall be deemed to be final approval of
the subdivision by the Planning Board, provided that the Planning
Board may condition such approval on terms ensuring the provisions
of improvements pursuant to § 132 30 of this Article.
D. Preliminary Subdivision (10 or fewer lots)
Upon the submission of a complete application for a subdivision
of ten (10) or fewer lots, or a request for review pursuant to T.C.
132 7G the Planning Board shall grant or deny preliminary approval
within forty five (45) days of the date of such submission or within
such further time as may be consented to by the developer.
E. Preliminary Subdivision (more than 10 lots)
Upon the submission of a complete application for a subdivision
of more than ten (10) lots, the Planning Board shall grant or deny
preliminary approval within ninety five (95) days of the date of such
submission or within such further time as may be consented to by the
developer. Otherwise the Planning Board shall be deemed to have granted
preliminary approval to the subdivision.
F. Final Subdivision
Final approval shall be granted or denied within forty five
(45) days after submission of a complete application, or within such
further time as may be consented to by the applicant. Failure of the
Planning Board to act within the period prescribed shall constitute
final approval and a certificate of the Director of Planning &
Engineering or designee as to the failure of the Planning Board to
act shall be issued on request of the applicant, and it shall be sufficient
in lieu of the written endorsement or other evidence of approval herein
required and shall be so accepted by the county recording officer
for purposes of filing subdivision plats.
[Amended 1-25-99 by Ord. No. 99-4]
G. Variances
The Board of Adjustment shall render a decision not later than
one hundred twenty (120) days after the date (1) an appeal is taken
from the decision of the Director of Planning & Engineering or
designee or (2) the submission of a complete application for development
to the Board of Adjustment. Failure of the Zoning Board to render
a decision within such one hundred twenty day period or within such
further time as may be consented to by the applicant shall constitute
a decision favorable to the applicant.
[Amended 1-25-99 by Ord. No. 99-4]
Any variance from the terms of the zoning ordinance hereafter
granted by the Board of Adjustment, permitting the creation or alteration
of any structure or structures or permitting a specified use of any
structure or any property in a district restricted against such use,
shall expire by limitation unless construction or alteration or use
shall have been actively commenced as permitted by such variance within
three (3) years from the date of adoption of the resolution by the
Zoning Board, except as otherwise provided for by the granting authority;
provided, however, that the Zoning Board is hereby granted the authority
to grant a one year extension, provided that the applicant for such
extension shall give prior notice of this application requesting such
extension to those persons entitled thereto pursuant to Section 11
of this chapter; provided, however, that such period of limitation
herein provided shall be tolled from the date of appeal of the decision
to any court of competent jurisdiction, until the termination in any
manner of such appeal or proceeding.
A. The Board, when acting upon applications for preliminary or minor
subdivision approval or preliminary site plan or modification of such
approvals previously granted, shall have the power to grant such exceptions
from the requirements for subdivision approval or site plan approval,
as the case may be, as may be reasonable and within the general purpose
and intent of the provisions of subdivision and site plan review and
approval, if literal enforcement of one (1) or more provisions of
this chapter is impracticable or will exact undue hardship because
of peculiar conditions pertaining to the land in question.
B. Where an applicant desires the Board to waive any requirements of
subdivision or site plan approval, the applicant shall, at the time
when it files its application for development, in writing, designate
such requirement waivers thereof with respect to its particular applications.
The Director of Planning and Engineering or his designee shall review
such request and shall report thereon to the Board with recommendations.
The Board shall review and determine such request at a public meeting.
C. Nothing contained herein shall prohibit the Board from granting any
exceptions as described herein at the hearing on the application despite
the applicant's failure to request such waivers in its application
for development.
D. Nothing contained herein shall relieve the applicant from following
all procedures necessary for the granting of a bulk or use variance,
where applicable.
[Amended 6-10-92 By Ord. No. 92-19]
Preliminary approval of a major subdivision pursuant to P.L.
1975, c. 291 (C. 40:55D 48) or of a site plan pursuant to P.L. 1975,
c. 291 (C. 40:55D 46) shall confer upon the applicant the following
rights for a three year period from the date on which the resolution
of preliminary approval is adopted.
A. That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions and off tract improvements; and, in the
case of a site plan, any requirements peculiar to site plan approval
pursuant to P.L. 1975, c. 291 C. 40:55D-41; except, however, that
nothing herein shall be construed to prevent the municipality from
modifying by ordinance such general terms and conditions of preliminary
approval as relate to public health and safety.
B. That the applicant may submit for final approval on or before the
expiration date of preliminary approval the whole or section or sections
of the preliminary subdivision plat or site plan, as the case may
be.
C. That the applicant may apply for and the Planning Board may grant
extensions on such preliminary approval for additional periods of
at least one (1) year, but not to exceed a total extension of two
(2) years, provided that if the design standards have been revised
by ordinance, such revised standards may govern.
D. In the case of a subdivision of or site plan for an area of fifty (50) acres or more, the Planning Board may grant the rights referred to in Subsections
A,
B and
C above for such period of time, longer than three (3) years, as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension of time as shall be determined by the Planning Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval, economic conditions and the comprehensiveness of the development: provided that if the design standards have been revised, such revised standards may govern.
E. Whenever the Planning Board grants an extension of preliminary approval pursuant to subsection
C or
D of this section and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date.
[Added 6-10-92 by Ord. No. 92-19]
F. The Planning Board shall grant an extension of preliminary approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of preliminary approval or (2) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to subsection
C and
D of this section.
[Added 6-10-92 by Ord. No. 92-19]
[Amended 6-10-92 by Ord. No. 92-19]
A. Site Plan or Major Subdivision.
1. The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer pursuant
to P.L. 1975, c. 291 (C. 40:55D 49), whether conditionally or otherwise,
shall not be changed for a period of two (2) years after the date
on which the resolution of final approval is adopted; provided that,
in the case of a major subdivision, the rights conferred by this section
shall expire if the plat has not been duly recorded within the time
period provided in section 42 of P.L. 1975, c. 291 (C. 40:55D 54).
If the developer has followed the standards prescribed for final approval
and, in the case of a subdivision, has duly recorded the plat as required
in section 42 of P.L. 1975, c. 291 (C. 40:55D 54), the Planning Board
may extend such period of protection for extensions of one (1) year
but not to exceed three (3) extensions. Notwithstanding any other
provisions of this chapter, the granting of final approval terminates
the time period of preliminary approval pursuant to section 37 of
P.L. 1975, c. 291 (C. 40:55D 49) for the section granted final approval.
[Amended 6-10-92 by Ord. No. 92-19]
2. In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of fifty (50) acres or more or conventional subdivision or site plan for one hundred fifty (150) acres or more, the Planning Board may grant the rights referred to in Subsection
A of this section for such period of time, longer that two (2) years, as shall be determined by the Planning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) economic conditions and (3) the comprehensiveness of the development. The developer may apply for thereafter and the Planning Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) the number of dwelling units and nonresidential floor area remaining to be developed, (3) economic conditions and (4) the comprehensiveness of the development.
3. Whenever the Planning Board grants an extension of final approval
pursuant to subsection 1 or 2 of this section and final approval has
expired before the date on which the extension is granted, the extension
shall begin on what would otherwise be the expiration date. The developer
may apply for the extension either before or after what would otherwise
be the expiration date.
[Added 6-10-92 by Ord. No. 92-19]
4. The Planning Board shall grant an extension of final approval for
a period determined by the Board but not exceeding one year from what
would otherwise be the expiration date, if the developer proves to
the reasonable satisfaction of the Board that the developer was barred
or prevented, directly or indirectly, from proceeding with the development
because of delays in obtaining legally required approvals from other
governmental entities and that the developer applied promptly for
and diligently pursued these approvals. A developer shall apply for
the extension before (1) what would otherwise be the expiration date
of final approval or (2) the 91st day after the developer receives
the last legally required approval from other governmental entities,
whichever occurs later. An extension granted pursuant to this subsection
shall not preclude the Planning Board from granting an extension pursuant
to subsection 1 or 2 of this section.
[Added 6-10-92 by Ord. No. 92-19]
B. Minor Subdivision.
[Added 6-10-92 by Ord. No. 92-19]
1. Approval of a minor subdivision shall expire 190 days from the date
on which the resolution of municipal approval is adopted unless within
such period a plat in conformity with such approval and the provisions
of the "Map Filing Law," P.L. 1960, c. 141 (C. 46:23-9.9 et seq.),
or a deed clearly describing the approved minor subdivision is filed
by the developer with the county recording officer, the municipal
engineer and the municipal tax assessor. Any such plat or deed accepted
for such filing shall have been signed by the chairman and secretary
of the Planning Board.
2. The zoning requirements and general terms and conditions, whether
conditional or otherwise, upon which minor subdivision approval was
granted, shall not be changed for a period of 2 years after the date
on which the resolution of minor subdivision approval is adopted;
provided the approved minor subdivision shall have been duly recorded
as provided in this chapter.
3. The Board may extend the 190-day period for filing a minor subdivision
plat or deed pursuant to this section if the developer proves to the
reasonable satisfaction of the Board (1) that the developer was barred
or prevented, directly or indirectly, from filing because of delays
in obtaining legally required approvals from other governmental or
quasi-governmental entities and (2) that the developer applied promptly
for and diligently pursued the required approvals, as determined by
the Board. The developer may apply for the extension either before
or after what would otherwise be the expiration date.
4. The Board shall grant an extension of minor subdivision approval
for a period determined by the Board but not exceeding one year from
what would otherwise be the expiration date, if the developer proves
to the reasonable satisfaction of the Board that the developer was
barred or prevented, directly or indirectly, from proceeding with
the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly
for and diligently pursued the required approvals. A developer shall
apply for the extension before (1) what would otherwise be the expiration
date of minor subdivision approval or (2) the 91st day after the developer
receives the last legally required approval from other governmental
entities, whichever occurs later.
[Added 11-12-91 by Ord. No. 91-111; amended 6-10-92 by Ord. No. 92-19]
Upon final approval, the final plat shall be signed by the Chairman
and Secretary of the Planning Board, provided that the subdivider
has submitted a final plat reflecting compliance with all conditions
and requirements of final subdivision approval set forth by the Planning
Board and further provided that submission of the final plat for signature
by the Chairman and Secretary of the Planning Board is made within
ninety (90) days of the date of Planning Board approval.
Final approval of a major subdivision shall expire 95 days from
the date of signing of the plat unless within such period the plat
shall have been duly filed by the developer with the county recording
officer. The Planning Board may for good cause shown extend the period
for recording for an additional period not to exceed 190 days from
the date of signing of the plat. The Planning Board may extend the
95-day or 190-day period if the developer proves to the reasonable
satisfaction of the Planning Board (1) that the developer was barred
or prevented, directly or indirectly, from filing because of delays
in obtaining legally required approvals from other governmental or
quasi-governmental entities and (2) that the developer applied promptly
for and diligently pursued the required approvals. The length of the
extension shall be equal to the period of delay caused by the wait
for the required approvals, as determined by the Planning Board. The
developer may apply for an extension either before or after the original
expiration date.
After filing the plat with the County the subdivider shall submit
a signed and sealed translucent tracing and a signed and sealed cloth
copy of the plat to the Department of Planning and Engineering.
At the time the Final Plat is submitted for signatures of Municipal
Officials, the applicant shall submit a CAD-generated data file(s),
directly translatable into an identical image of the File Map, conforming
to the following:
Media:
|
The file(s) shall be submitted upon diskette(s), either 5.25"/1.2MG
or 3.50"/1.44Mb, formatted for DOS Version 3.31 or later based IBM
PC's and PC compatibles. [Amended 6-10-92 by Ord. No. 92-19]
|
Format:
|
The file shall be either:
|
|
a.
|
An AutoCAD drawing file (i.e., a "DWG" Extension file) compatible
with AutoCAD Release 11 or later; [Amended 6-10-92 by Ord. No. 92-19]
|
|
b.
|
An ACSII Drawing Interchange File (i.e. a ".DXF" Extension file)
compatible with AutoCAD Release 11 or later. [Amended 6-10-92 by Ord. No. 92-19]
|
At the discretion of the applicant, Department of Planning & Engineering staff can be requested to do the required conversion to CAD at a fee in accordance with the Township Fee Schedule contained in Town Code Section
132-32.
Whenever the East Brunswick Planning or Zoning Board shall reserve
the location and extent of such street, ways, basins or areas shown
on a plat submitted for subdivision or site plan approval, pursuant
to N.J.S.A. 40:55D-44, the developer shall be entitled to just compensation
for actual loss found to be caused by the temporary reservation and
deprivation of use. 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 land reserved for the period of reservation,
including but not limited to 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 costs
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. The township shall obtain
an appraisal of the value of the option from a licensed real estate
appraiser and shall disclose the fair market value of the option to
the developer, provided that the developer shall also obtain a fair
market value of the option and disclose the same to the township.
The township shall require verification of increased costs of legal,
engineering or other professional services incurred by the developer.
In the event that the land which is reserved shall be the subject
of an application for state or federal funding, all applicable state
and federal laws and regulations shall govern the timetable which
shall be implemented by the township.
A. In the event that a developer submits an application for development
proposing a development that is barred or prevented, directly or indirectly,
by a legal action instituted by any state agency, political subdivision
or any other party to protect the public health and welfare or be
a directive or order issued by any state agency, political subdivision
or court of competent jurisdiction to protect the public health and
welfare, the municipal agency shall process such application for development
in accordance with this chapter, and, if such application for development
complies with the requirements of this chapter, the approving authority
shall approve such application conditioned on removal of such legal
barrier to development.
B. In the event that development proposed by an application for development
requires an approval by a governmental agency other than the approving
authority, the approving authority shall, in appropriate instances,
condition its approval upon the subsequent approval of such governmental
agency, provided that the approving authority 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 approving authority is prevented
or relieved from so acting by the operation of law.
In the event that, during the period of approval heretofore
or hereafter granted to an application for development, 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 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. Public Ownership.
Common open space shall remain in private ownership, unless the appropriate Board determines that public ownership is desirable and unless the subdivider agrees to the necessary land donation, in which case ownership shall be in the Township of East Brunswick, or in such other public body as shall be deemed appropriate, provided that the township or such other public body shall approve such public ownership. In the event that the Board shall determine that there shall be public ownership of common open space but the subdivider or the public body shall not agree to the same or in the event that the Board shall not approve the form of private ownership of common open space, the Board may disapprove the application for subdivision with the reduction in lot area provisions of Article
III of the Zoning Chapter. Standards for the Board determination as to public ownership shall include, but not be limited to, the following:
1. The need for public open space or recreational facilities in the
areas determined by the Township Master Plan.
2. The potential for an open space connection between two (2) public
open space areas.
3. The desirability of public access due to the peculiar physical characteristics
of the area which make it suitable for public open space uses not
otherwise available in that area.
4. Soil or vegetation characteristics of the area that provide a desirable
public wildlife refuge.
All common open space shown on a preliminary plat shall be included
in the first section submitted for final approval. However, in the
case of a subdivision to be developed over a period of years, the
Board may permit the total area proposed for common open space to
be divided among the sections submitted for final plat approval, in
which case the common open space appurtenant to each such section
shall comply with the minimum common open space requirements as applied
to each section.
B. Failure to maintain common open space. In the event that the organization
established to own and maintain common open space, or any successor
organization, shall at any time after its formation fail to maintain
the common open space in reasonable order and condition in accordance
with the approval granted by the Planning Board, the municipality
may serve written notice upon such organization or upon the residents
and owners of the cluster subdivision setting forth the manner in
which the organization has failed to maintain the common space in
reasonable condition. Said notice shall include a demand that such
deficiencies of maintenance be cured within 30 days thereof and shall
state the date and place of a hearing thereon, which hearing shall
be held within 14 days of the notice. At such hearing, the municipality
may modify the terms of the original notice as to the deficiencies
and may give an extension of time within which they shall be cured.
If the deficiencies set forth in the original notice or in the modifications
thereof shall not be cured within 30 days or any extension thereof,
the municipality, in order to preserve the taxable values of the properties
within the cluster subdivision and to prevent the common open space
from becoming a public nuisance, may enter upon said common open space
and maintain the same for a period of one year. Said entry and maintenance
shall not vest in the public any rights to use the common open space
except when the same is voluntarily dedicated to the public by the
residents and owners. Before the expiration of said year, the municipality
shall, upon its initiative or upon the request of the organization
theretofore responsible for the maintenance of the common open space,
call a public hearing upon notice to such organization or to the residents
and owners of the cluster subdivision, to be held by the Health Officer,
at which hearing such organization or the residents and owners of
the cluster subdivision shall show cause why such maintenance by the
municipality shall not, at the election of the municipality, continue
for a succeeding year. If the Health Officer shall determine that
such organization is not ready and able to maintain said common open
space in a reasonable condition, the municipality may, in its discretion,
continue to maintain said common open space during the next succeeding
year and, subject to a similar hearing and determination, in each
year thereafter. The decision of the Health Officer in any such case
shall constitute a final administrative decision subject to judicial
review. The cost of such maintenance by the municipality shall be
assessed ratably against the properties within the cluster subdivision
that have a right of enjoyment of the common open space and shall
become a tax lien on said properties. The municipality, at the time
of entering upon said common open space for the purpose of maintenance,
shall file a notice of such lien in the office of the County Clerk
upon the properties affected by such lien within the cluster subdivision.
[Amended 6-10-92 by Ord. No. 92-19; 5-10-93 by Ord. No. 93-21; 10-2-95 by Ord. No. 95-34; 12-9-2019 by Ord. No. 19-36]
A. Before recording final subdivision plats or recording of minor subdivision
deeds or as a condition of a final site plan approval or as a condition
to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65,
the Township may require and shall accept, in accordance with the
standards adopted herein, for the purpose of assuring the installation
and maintenance of certain on-tract public improvements:
(1) Performance guarantee required.
(a)
The furnishing of a performance guarantee in favor of the Township
of East Brunswick in an amount equal to 120% of the cost of only those
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, which cost shall be determined by the developer
and approved by the Municipal Engineer, according to the method of
calculation set forth in N.J.S.A. 40:55D-53.4, for the following improvements
as shown on the approved plans or plat: streets, pavement, gutters,
curbs, sidewalks, streetlighting, street trees, surveyor's monuments,
as shown on the final map and required by the Map Filing Law, P.L.
1960, c. 141, water mains, sanitary sewers, community septic systems,
drainage structures, public improvements of open space, and any grading
necessitated by the preceding improvements.
(b)
The performance guarantee may also be required to include, at
the discretion of the Township, a guarantee for the installation of
privately owned perimeter buffer landscaping. A separate performance
guarantee, if required, shall be posted for the privately owned perimeter
buffer landscaping or may be included in the performance guarantee
for the bonded public improvements. The developer shall prepare an
itemized cost estimate of the improvements covered by the performance
guarantee for review and approval by the Municipal Engineer, which
improvements shall be appended to each performance guarantee posted
by the obligor.
(2) The furnishing of a safety and stabilization guarantee in favor of
the Township of East Brunswick to ensure that the Township has an
adequate guarantee to return the property that has been disturbed
to a safe and stable condition or otherwise implement measures to
protect the public from access to an unsafe or unstable condition.
The Township shall be permitted to access the guarantee when site
disturbance has commenced and, thereafter, all work on the development
has ceased for a period of at least 60 consecutive days following
such commencement for reasons other than force majeure, and work has
not recommenced within 30 days following the provision of written
notice by the Township to the developer of the Township's intent to
claim payment under the guarantee. At the developer's option, the
safety and stabilization guarantee may be included as a line item
for safety and stabilization in the performance guarantee rather than
in the form of a separate guarantee. The amount of the safety and
stabilization guarantee shall be calculated pursuant to N.J.S.A. 40:55D-53.4
as follows:
(a)
$5,000 for the first $100,000 of bonded improvement costs; plus
(b)
2.5% of bonded improvement costs in excess of $100,000 up to
$1,000,000; plus
(c)
1% of bonded improvement costs in excess of $1,000,000.
B. Form of guarantee.
(1) The performance guarantees shall consist of cash or a certified check
for not more than 10% of the estimated cost of the improvements, and
the balance of the cost shall be evidenced by a corporate surety performance
bond issued by a corporation authorized to issue bonds in the State
of New Jersey. If the developer chooses, the entire amount may be
posted with the Township in cash.
(2) The approving authority shall, for the purposes of Section 41 of
P.L. 1975, c. 291 (N.J.S.A. 40:55D-53a), accept a performance guarantee
or maintenance guarantee which is an irrevocable letter of credit
if it:
(a)
Constitutes an unconditional payment obligation of the issuer
running solely to the municipality for an express initial period of
time in the amount determined pursuant to Section 41 of P.L. 1975,
c. 291 (N.J.S.A. 40:55D-53);
(b)
Is issued by a banking or savings institution authorized to
do and doing business in this state with an AA rating;
(c)
Is for a period of time of at least one year; and
(d)
Permits the municipality to draw upon the letter of credit by
certifying abandonment (default) of the project by passing of a resolution
of the governing body or if the obligor fails to furnish another letter
of credit which complies with the provisions of this section 30 days
or more in advance of the expiration date of the letter of credit
or such longer period in advance thereof as is stated in the letter
of credit.
(3) The performance guarantees shall be approved by the Municipal Attorney
as to form, sufficiency and execution. The letter of credit shall
be approved by the Township Finance Officer.
C. The time allowed for installation of the bonded improvements for
which the performance guarantee has been provided may be extended
by the governing body by resolution. As a condition or 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 by the developer and approved
by the Municipal Engineer according to the method of calculation set
forth in N.J.S.A. 40:55D-53.4 as of the time of the passage of the
resolution.
D. If the required bonded 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.
E. Approved bonded improvements.
(1) Upon substantial completion of all required street improvements (except
for the top course) and appurtenant utility improvements and the connection
of same to the public system, the obligor may notify the governing
body, in writing, by certified mail addressed in care of the Municipal
Clerk, of the completion or substantial completion of bonded improvements
and shall send a copy thereof to the Municipal Engineer. The request
shall indicate which bonded improvements have been completed and which
bonded improvements remain uncompleted in the judgment of the obligor.
Thereupon, the Municipal Engineer shall inspect all bonded improvements
of which such notice has been given and shall file a detailed report,
in writing, with the governing body, and shall simultaneously send
a copy thereof to the obligor not later than 45 days after receipt
of the obligor's request, indicating either approval, partial approval
or rejection of such improvements, with a statement of reasons for
any rejection. The report shall identify each bonded improvement determined
to be completed 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 bonded improvement, in
accordance with the previously prepared itemized cost estimate.
(2) The Municipal Engineer shall schedule a public hearing, to be held
at 8:00 p.m. on a weekday. The Municipal Engineer shall inform the
obligor or developer of the date of the hearing, and the obligor or
developer shall be required to provide notice of at least 15 days
by certified mail, return receipt requested, to all owners of land
within the subdivision that there will be a public hearing concerning
the public improvements covered by the performance guarantee. The
notice will specify whether the obligor or developer seeks to release
the performance guarantees. The obligor or developer shall cause to
be published a notice of the public hearing in a newspaper circulated
within the Township of East Brunswick, said publication to be at least
10 days prior to the date of the proposed hearing. The hearing shall
be conducted by the Municipal Engineer. The obligor or developer and
its engineer are required to be present. At the hearing, members of
the public shall be afforded the right to speak with regard to the
public improvements. A list of concerns expressed by the homeowners
shall be made part of a punch list to be included in a detailed report
which the Municipal Engineer shall file, in writing, with the governing
body. Following the inspection of the improvements by the Municipal
Engineer and the public hearing, the Municipal Engineer will include
in his report to the governing body a recommendation 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 by the Municipal Engineer.
Included within the report will be a synopsis of the public hearing.
(3) The governing body, by resolution, shall either approve the bonded
improvements determined to be complete and satisfactory by the Municipal
Engineer or reject any or all of these bonded improvements upon the
establishment in the resolution of cause for rejection and shall approve
and authorize the amount of reduction to be made in the performance
guarantee relating to the improvements accepted, in accordance with
the itemized cost estimate prepared by the Municipal Engineer and
appended to the performance guarantee. This resolution shall be adopted
not later than 45 days after receipt of the list and report prepared
by the Municipal Engineer. Upon adoption of the resolution by the
governing body, the obligor shall be released from all liability pursuant
to its performance guarantee with respect to those approved bonded
improvements, except for that portion adequately sufficient to secure
completion or correction of the improvements not yet approved, provided
that 30% of the amount of the total performance guarantee and safety
and stabilization guarantee posted may be retained to ensure completion
and acceptability of all improvements. The safety and stabilization
guarantee shall be reduced by the same percentage as the performance
guarantee is being reduced at the time of each performance guarantee
reduction.
(4) For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate which formed the basis of the performance guarantee, and appended to the performance guarantee pursuant to Subsection
A of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of bonded improvements, as provided above.
F. If any portion of the required improvements is rejected, the approving
authority 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
governing body or the Municipal Engineer.
H. If the governing body fails to approve or reject the improvements determined by the Municipal Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Municipal Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection
A. of this section; and the cost of applying to the court, including reasonable attorneys' fees, may be awarded to the prevailing party.
I. Inspection fees.
(1) The obligor shall reimburse the municipality for reasonable inspection
fees paid to the Municipal Engineer for the foregoing inspection of
the improvements, which fees shall not exceed the sum of the amount
set forth in N.J.S.A. 40:55D-53. The municipality may require the
developer to post the inspection fees in escrow in an amount calculated
as follows: except for extraordinary circumstances, the greater of
$500 or 5% of the cost of improvements subject to a performance guarantee,
plus an amount not to exceed 5% of the cost of private site improvements
not subject to a performance guarantee, which cost shall be determined
pursuant to N.J.S.A. 40:55D-53.4. If the inspection fees required
are less than $10,000, the developer shall have the option of paying
same in two equal installments with the initial amount deposited to
be 50% of the inspection fees. When the balance of inspections fees
on deposit reaches 10%, the remaining installment shall be due and
payable. If the inspection fees required are $10,000 or greater, the
developer shall have the option of paying same in up to four installments
with the initial amount deposited to be 25% of the inspection fees.
When the balance of inspection fees on deposit reaches 10%, the developer
shall make additional deposits of 25% of the inspection fees.
(2) If the Township determines that the amount in escrow for the payment
of inspection fees, as calculated herein, is insufficient to cover
the cost of additional required inspections, the Township may require
the developer to deposit additional funds in escrow, provided that
the Township delivers to the developer a written inspection escrow
deposit request, prepared by the Municipal Engineer, which informs
the developer of the need for additional inspections, details the
items or undertakings that require inspections, estimates the time
required for those inspections, and estimates the cost of performing
those inspections.
(3) In the event that final approval is by stages or sections of development
pursuant to Subsection (a) of Section 29 of the Municipal Land Use
Law (N.J.S.A. 40:55D-38), the provisions of this section shall be
applied by stage or section.
J. If the property or any part of same is sold or otherwise conveyed
to a successor developer prior to the completion and acceptance of
all improvements, an assignment of developer's agreement and new performance,
maintenance or other guarantees shall be required from the new owner
or successor developer. Upon the transfer of ownership of property
that is the subject of a construction permit, and prior to beginning
or continuing work authorized by the construction permit, the new
owner or successor developer shall file with the Building Department
an application for a permit update to notify the Building Department
of the name and address of the new owner or successor developer and
of all other changes to information previously submitted to the Building
Department. The Building Department shall not approve the application
for a permit update until it receives notification from the governing
body, or its designee, that the new owner or successor developer has
furnished adequate replacement performance, maintenance or other guarantees
and assignment of developer's agreement.
K. Dedicated improvements. To the extent that any of the improvements
have been dedicated to the municipality on the subdivision plat or
site plan, the municipal governing body shall be deemed, upon the
release of any performance guarantee required pursuant to this chapter,
to accept dedication for public use of streets or roads and any other
improvements made thereof according to site plans and subdivision
plats approved by the approving authority, provided that such improvements
have been inspected and have received final approval by the Municipal
Engineer. Prior to acceptance, the developer shall be responsible
for all maintenance of improvements, including streets and roads,
streetlighting, snow plowing, curbs and sidewalks, waterlines, storm
sewers and any other improvements which were installed. Nothing contained
herein shall relieve the developer of the obligation to post maintenance
guarantees in accordance with all requirements.
L. Maintenance guarantee.
(1) Upon completion of all the improvements in a good and workmanlike
manner and in accordance with all rules, regulations, standards, specifications
and ordinances of the Township and the filing of as-built drawings,
the Township will accept the improvements subject to the deposit and
posting of maintenance guarantees in an amount equal to 15% of the
estimated cost of construction, which cost shall be determined by
the Municipal Engineer. The security for maintenance shall be held
by the municipality in accordance with an escrow agreement similar
to the escrow agreement referred to above. Maintenance guarantees
shall be approved by the Municipal Attorney as to form, sufficiency
and execution, and such guarantee shall run for a period of two years.
Under no circumstances shall the Township pay or be liable for any
interest on any funds deposited with the Township as a performance
or maintenance guarantee.
(2) No maintenance bond shall be accepted for any item that has further
stages of work or which will need to be altered or reworked.
M. Uncompleted improvements. If, in the event of inclement weather or
construction delays not occasioned by any act of the developer, subdivider,
builder, or successor, it shall be impossible to install the required
sidewalks, streetlighting, surveyors' monuments, shade trees and landscaping
at the time that a certificate of occupancy is applied for, the applicant
shall furnish the Director of Planning and Engineering with an acknowledgment
executed by the prospective home buyer setting forth the improvements
or portions thereof that are not as yet installed and that the home
buyer is agreeable to taking title and possession of the dwelling
in that condition in reliance upon the existing performance guarantees
posted pursuant hereto and the terms and provisions of this subsection.
Should those uncompleted improvements referred to above not be installed
within six months after the date of the issuance of the certificate
of occupancy, the Township Council of the Township of East Brunswick,
upon the recommendation of the Municipal Engineer, may authorize,
by resolution, that the performance guarantees posted pursuant hereto
be utilized by the Township of East Brunswick for the purpose of installing
such uncompleted improvements.
[Added 11-12-91 by Ord. No. 91-111; amended 5-10-93 by Ord. No. 93-21; 3-8-99 by Ord. No. 99-12; 4-28-03 by Ord. No. 03-15; 9-26-05
by Ord. No. 05-29]
A. Prior to construction of any of the improvements referred to above
specifically, the commencement of any preparatory site work, including,
but not limited to, clearance of the property, grading or excavation
or the signing of the final subdivision or site plan, whichever occurs
first, the developer shall deposit with the Township a sum equal to
5% of the cost of the improvements, but not more than $4,999, which
shall be used to pay the costs of inspection and testing fees incurred
by the Township. In the event that the costs of inspection and testing
are less than the amount deposited, the balance shall be refunded
to the subdivider. If the costs are greater than the amount deposited,
the Township shall require additional deposits as necessary. The following
fee schedule shall be charged:
1. Township employees.
(a)
Up to eight hours in a single weekday: $75 per hour.
(b)
Beyond eight hours in a single weekday: $112 per hour.
(d)
Legal Township holiday: $187 per hour.
Inspection time will be rounded to the next half hour for billing
purposes. Inspections for Saturdays and holidays must be preapproved
by Assistant Township Engineer prior to scheduling.
|
2. Testing laboratory: cost to the Township.
3. Outside consulting services When the Township deems it necessary
to retain outside professional services, the developer shall reimburse
the Township for all reasonable professional consulting fees
B. For those subdivision and site plans for which the reasonably anticipated
fees are less than $10,000, fees may, at the option of the developer,
be paid in two installments. The initial amount deposited by a developer
shall be 50% of the reasonably anticipated fees. When the balance
on deposit drops to 10% of the reasonably anticipated fees because
the amount deposited by the developer has been reduced by the amount
paid to the Municipal Engineer for inspection, the developer shall
deposit the remaining 50% of the anticipated inspection fees. For
those developments for which the reasonably anticipated fees are $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited by a developer shall be
25% of the reasonably anticipated fees. When the balance on deposit
drops to 10% of the reasonably anticipated fees because the amount
deposited by the developer has been reduced by the amount paid to
the Municipal Engineer for inspection, the developer shall make additional
deposits of 25% of the reasonably anticipated fees. The Municipal
Engineer shall not permit any construction requiring inspection if
sufficient funds to pay for those inspections are not on deposit.
C. Construction within Township right-of-way: A right-of-way permit
shall be required for all construction work located within the Township
right-of-way, including sidewalks, curb aprons and curbs adjacent
to roadways. The permit fee shall be $25.
[Added 5-10-93 by Ord. No. 93-21; amended 10-2-95 by Ord. No. 95-34; 3-8-99 by Ord. No. 99-12; 7-7-08 by Ord. No. 08-12]
A. Prior to construction, the developer shall arrange for a preconstruction
conference among the developers, contractor and Manager of Engineering
Services or his/her designee. The Manager of Engineering Services
shall be notified by certified mail by the developer at least five
business days in advance of the planned commencement of construction
activity.
B. No work shall be done without the appropriate valid construction
permit from and inspection by the Township. The Manager of Engineering
Services or his/her designee is authorized to issue a summons in the
event any developer, agent, or corporation refuses to honor a stop-work
notice. No underground installation shall be covered until inspected
and approved. The Township Department of Planning and Engineering
shall be notified 24 hours before each of the following phases of
the work has been commenced so that the Township may inspect the work:
pavement subgrade; curb and gutter forms; curbs and gutters; pavement
(after each coat, in the case of priming and sealing); drainage pipes
and other drainage structures before backfilling; shade trees and
planting strips; street name signs; and monuments.
C. No work or construction of improvements requiring same day inspection
by the Township shall be performed on Saturdays, Sundays, legal township
holidays or at any other time or hours than those during which the
East Brunswick Municipal Building is open to the general public without
prior approval from the Department of Planning and Engineering. These
items of work include, but are not limited to, pouring concrete, paving
and pipe construction.
D. Prior to the issuance of any occupancy permits, the Manager of Engineering
Services or his/her designee shall inspect the site to determine that
all work shown on the approved site plan and/or subdivision plan has
been completed, including, but not limited to, curbs, aprons, utilities,
functioning water supply and storm drainage improvements to ensure
proper drainage of the lot and surrounding land, fine grading of lots,
clearing of sight triangles, soil stabilization, including topsoil
and seeding, sidewalks and installation of the base course for the
street including subgrade to serve the lot and structure for which
the permit is requested. In addition, there shall be compliance with
all township codes and provisions, including payment of all monies
due.
[Amended 7-7-08 by Ord. No. 08-12]
E. Streets shall not receive finished surface course paving until all
heavy construction is completed as determined by the Manager of Engineering
Services or his/her designee. Shade trees shall not be planted until
all grading and earthmoving is completed.
[Amended 7-7-08 by Ord. No. 08-12]
F. Inspection fees shall be charged only for actual work shown on a
subdivision or site plan or required by an approving resolution. Professionals
inspecting improvements under construction shall charge only for inspections
that are reasonably necessary to check the progress and quality of
the work and such inspections shall be reasonable based on the approved
development plans and documents.
[Added 10-2-95 by Ord. No. 95-34]
[Amended 10-15-01 by Ord. No. 01-33; 10-28-02 by Ord. No. 02-24; 9-27-10 by Ord. No. 10-22]
A. Prior to bond release for all residential improvements and all other
improvements in the public right of way or public easements, "as built"
drawings shall be submitted to the Township Engineer. As built plans
shall be submitted on plastic film as well as a CAD generated data
file (compatible with the most current version of AutoCAD) with a
scale of no greater than 1" = 50'. All submittals must be referenced
to the N.J. State Plane coordinate system of 1983 and the NAVD of
1988. As built plans shall include the following:
1. All public and private right of ways, property lines and easements.
2. Monuments plus at least three ties from permanent fixtures (i.e.
manholes, inlets, building corners, etc.). Utility poles are not acceptable.
If a building corner is used, the entire footprint of the building
shall be shown.
4. Pavement cross section elevations every 50 feet, except when roadway
centerline profiles are 1 percent or less, pavement cross sections
shall be taken every 25 feet.
5. Lot and block numbers, building numbers and addresses of each living
unit, commercial space or industrial use.
6. Off-site improvements, if any pursuant to the requirements of item
7 below.
7. Utilities.
[Amended 9-27-10 by Ord. No. 10-22]
a. Drainage System.
i.
Size, length, type and class of pipe.
ii.
Manholes, inlets, headwalls and all other drainage structures.
iii.
Invert, grate and top of curb elevations for inlets; invert
and rim elevations for manholes; invert and top elevation on other
structures.
b. Water Lines.
i.
Size, type and class of pipe.
ii.
Hydrants and guard valve location with measurement from hydrant.
iii.
At least three ties to water valves from permanent fixtures
(i.e. manholes, inlets, building corners, etc.). Utility poles are
not acceptable. If a building corner is used, the entire footprint
of the building shall be shown.
c. Sanitary Sewer System.
[Amended 9-27-10 by Ord. No. 10-22]
i.
Size, length, type and class of pipe.
ii.
Manholes and other structures or facilities.
iii.
Invert and rim elevations including all incoming and outgoing
pipes.
iv.
Confirmation of watertight locking covers where required by
site plan, subdivision or Sewer Utility approvals.
[Amended 9-27-10 by Ord. No. 10-22]
8. Certification by a New Jersey Licensed Surveyor or New Jersey Professional
Engineer that the as built plan is complete and correct.
B. Prior to release of improvement inspection escrows for all non-residential
improvements and bond release for all other improvements in the public
right-of-way or public easements, "as-built" drawings shall be submitted
to the Township Engineer. As-built plans shall be submitted on plastic
film as well as a CAD generated data file (compatible with the most
current version of AutoCAD) with a scale of no greater than 1" = 50'.
All submittals must be referenced to the N.J. State Plane coordinate
system of 1983 and the NAVD of 1988. As built plans shall include
the following:
1. All public and private right-of-ways, property lines and easements.
2. Monuments plus at least three ties from permanent fixtures (i.e.
manholes, inlets, building corners, etc.). Utility poles are not acceptable.
If a building corner is used, the entire footprint of the building
shall be shown.
3. Contours at 1 foot intervals based on National Geodetic vertical
Datum 1988 with spot elevations at building corners and areas where
slopes are less than 1%.
4. Lot and block numbers, building numbers and addresses of each living
unit, commercial space or industrial use.
5. Off-site improvements, if any pursuant to the requirements of item
6 below.
6. Utilities
a. Drainage Systems
i.
Size, length, type and class of pipe.
ii.
Manholes, inlets, headwalls and all other drainage structures.
iii.
Invert, grate and top of curb elevations for inlets; invert
and rim elevations for manholes; invert and top elevation on other
structures.
b. Water Lines.
i.
Size, type and class of pipe.
ii.
Hydrants and guard valve location with measurement from hydrant.
iii.
At least three ties to water valves from permanent fixtures
(i.e. manholes, inlets, building corners, etc.). Utility poles are
not acceptable. If a building corner is used, the entire footprint
of the building shall be shown.
c. Sanitary Sewer System.
i.
Size, length, type and class of pipe.
ii.
Manholes and other structures or facilities.
iii.
Invert and rim elevations including all incoming and outgoing
pipes.
iv.
Confirmation of watertight locking covers where required by
site plan, subdivision or Sewerage Authority approvals.
7. All planimetric features of the site, including but not limited to:
building footprint(s), curbs, sidewalks, retaining walls, sheds, fences,
etc.
8. Certification by a New Jersey Licensed Surveyor or New Jersey Professional
Engineer that the as-built plan is complete and correct.
A. A developer, as a condition for approval of a subdivision or site
plan, in accordance with N.J.R.S. 40:55D-42, shall be required to
pay only his pro rata share of the cost of providing reasonable and
necessary street improvements and water, sewerage and drainage facilities
and easements therefor, located outside the property limits of the
subdivision or development but necessitated or required by construction
or improvements within such subdivision or development. The pro rata
share shall be determined by analyzing the circulation plan element
of the East Brunswick Master Plan showing the location and types of
facilities for all modes of transportation required for the efficient
movement of people and goods into, about and through the municipality,
as well as the utility service plan element of the East Brunswick
Master Plan analyzing the need for and showing the future general
location of water supply and distribution facilities, drainage and
flood control facilities, sewage and waste treatment, solid waste
disposal and provision for other related utilities. Consideration
shall be given by the Planning Board to the question of whether or
not the need for the off-tract improvement was created by the proposed
development of land and whether the required improvement not only
benefits the developer's tract but other properties as well. The Board
shall also determine the related common area which is to be serviced
or benefited by the facilities or improvements required.
The developer shall be required to pay the difference between
the cost of the off-tract improvement and the total amount by which
all properties served thereby, including the developer's property,
have been specifically benefited by the improvement. Further, if the
off-tract improvement is to be constructed by the municipality as
a general improvement or if the improvement is to be constructed by
a developer with a provision for later reimbursement by the municipality,
then the developer shall not be charged with the amount by which the
developer's property was specially benefited by the improvement. In
the event that the municipality shall construct the off-tract improvement
as a local improvement under N.J.R.S. 40:56-1 et seq., the developer
may be called upon to pay, in addition to the amount set forth above,
the amount by which the subject property was specially benefited by
the improvement.
B. Prior to the Board making a determination of the amount to be paid
by the developer, the governing body shall make a determination whether
the off-tract improvement is to be constructed by the municipality
as a general improvement or as a local improvement or whether it is
to be done by the developer with a formula providing for partial reimbursement
if the improvement specially benefits properties other than the subdivision.
Once that decision has been made, the Planning Board shall be required
to estimate, with the aid of the Municipal Engineer, the Director
of Finance and the Board of Special Assessments the cost of the improvement
and the amount by which all properties to be serviced thereby, including
the subject property, will be specially benefited therefrom.
C. When the foregoing has been determined, the developer shall be required
to provide, as a condition for approval of his subdivision or site
plan application, a bond, or a cash deposit in lieu thereof, not exceeding
ten percent (10%) of the cost of the improvements, as determined by
the Planning Board, to ensure payment to the municipality of one (1)
of the following amounts:
1. If the improvement is to be constructed by the municipality as a
general improvement, an amount equal to the difference between the
estimated cost of the improvement and the estimated total amount by
which all properties to be serviced thereby, including the subject
property, will be specially benefited by the improvement.
2. If the improvement is to be constructed by the municipality as a local improvement, then, in addition to the amount referred to in Subsection
C(1), the estimated amount by which the subject property will be specially benefited by the improvement.
3. If the improvement is to be constructed by the developer, an amount
equal to the estimated cost of the improvement.
D. After the improvement is completed, the estimated amounts shall be
redetermined to the end that the developer will be required to pay
his appropriate share of the cost thereof.
E. The standards set forth above shall not be altered subsequent to
preliminary approval by a developer.
F. Where a developer pays the amount determined as his pro rata share
under protest, he shall institute legal action within one (1) year
of such payment in order to preserve the right to a judicial determination
as to the fairness and reasonableness of such amount, in accordance
with N.J.S.A. 40:55D-42.
[Added 6-10-92 by Ord. No. 92-19]
If an approving authority includes as a condition of approval
of an application for development pursuant to P.L. 1975, c. 291 (C.
40:55D-1 et seq.) the installation of street lighting on a dedicated
public street connected to a public utility, then upon notification
in writing by the developer to the approving authority and governing
body of the municipality that (1) the street lighting on a dedicated
public street has been installed and accepted for service by the public
utility and (2) that certificates of occupancy have been issued for
at least 50% of the dwelling units and 50% of the floor area of the
nonresidential uses on the dedicated public street or portion thereof
indicated by section pursuant to section 29 of P.L. 1975, c. 291 (C.
40:55D-38), the municipality shall within 30 days following receipt
of the notification, make appropriate arrangements with the public
utility for, and assume the payment of, the costs of the street lighting
on the dedicated public street on a continuing basis. Compliance by
the municipality with the provisions of this section shall not be
deemed to constitute acceptance of the street by the municipality.
[Amended 2-11-91 by Ord. No. 91-17; 4-20-09 by Ord. No. 09-11]
A. Building Permits. No building permit shall be issued by the Construction
Official until final approval has been granted to the application
for development.
B. At the time of issuance of any building permit, the building code
official will provide written instruction on proper disposal and recycling
of construction and demolition waste and furnish a Notification of
Construction/Demolition Activity Form. The Form must be filled out
by the permittee and faxed to the Middlesex County Division of Solid
Waste Management (MCDSWM) within 48 hours of the issuance of a municipal
permit.
[Added 11-19-07 by Ord. No. 07-25]
C. Building Lots to Abut Street. No permit for the erection of a building
or structure shall be issued unless the lot abuts a street giving
access to such proposed building or structure. Such lot shall be on
an existing state, county or municipal street or highway or on a street
shown upon a plat approved by the appropriate Board or on a street
on a plat duly filed in the office of a county recording officer prior
to the passage of an ordinance under this chapter or any prior law
which required prior approval of plats by the governing body or other
authorized body. Before any such permit shall be issued, such street
shall have been certified to be suitably improved to the satisfaction
of the Township Council or such suitable improvement shall have been
assured by means of a performance guarantee, in accordance with standards
and specifications for road improvement approved by the Township Council
as adequate in respect to the public health, safety and general welfare
of a special circumstance of the particular street.
[Amended 11-19-07 by Ord. No. 07-25]
D. No building permits shall be issued by the Chief Construction Official
for any home in a subdivision until final subdivision approval has
been granted by the Planning Board.
[Amended 2-11-91 by Ord. No. 91-17; 11-19-07 by Ord. No. 07-25]
E. Conditional building permits. In the event that the Planning Board
requires any correction or revision of the site plan, no building
shall be issued a permit until the applicant has submitted a site
plan corrected or revised in accordance with the decision of the Planning
Board; provided, however, that the Chief Construction Official may,
in his discretion, when a written request for modification has been
submitted by the applicant, issue a conditional building permit, after
the applicant has received site plan approval by the Planning Board
but before the applicant has submitted corrected or revised site plans
pursuant to the site plan approval granted by the Planning Board.
The Chief Construction Official will base his decision on the following
standards
[Added 4-20-09 by Ord. No. 09-11]:
(1) That the applicant would suffer financial loss if permission to start
construction is not granted.
(2) That the applicant shall proceed at his own risk with the building
operation and without assurance that a permit for the entire structure
will be granted.
(3) That permission to proceed with partial construction shall not be
construed as authority to violate, cancel or set aside any of the
provisions of the Code of the township, except as stipulated by modification
or legally granted variation as described in approvals by township
agencies.
(4) That such conditional building permit shall be valid for a period
of three (3) months from the date of issuance and shall not be renewed.
At the expiration of such period, construction shall cease until such
time as the applicant shall obtain a building permit in accordance
herewith.
[Added 8-14-00 by Ord. No. 00-15; amended 4-9-12 by Ord. No. 12-02]
A. All fences six feet or less in height, all private pools as defined in §
195-1, new single-family dwellings, additions to a single-family dwelling over 150 square feet, signage unless exempt by §
228-252,, shed installations as defined in §
228-3 and new and additional impervious surfaces greater than 50 square feet in area shall require a zoning permit prior to the start of construction. No more than a total of 50 square feet of impervious surface may be added to property over a three-year period without first obtaining an impervious surface permit. Such permit shall be issued by the Zoning Officer or his/her designee.
[Amended 4-9-12 by Ord. No. 12-02; 1-24-2022 by Ord. No. 22-02]
B. All zoning permit applications shall be made to the Zoning Officer
or his/her designee on forms provided by the Office.
C. The application fee for a zoning permit is $50.
[Amended 4-9-12 by Ord. No. 12-02; 8-13-18 by Ord. No. 18-18; 1-24-2022 by Ord. No. 22-02]
D. Zoning permits shall be valid for a period of one year from the date
of issuance.
The Construction Official may issue a conditional building permit
to any applicant who has received site plan or subdivision approval,
but who has not yet submitted the completed revisions or corrections
of the plats, plans and requisite documents, upon a showing by such
applicant, in writing, that the failure to issue a building permit
before such revisions and corrections can be completed will cause
undue hardship in the development of this subject property or that
other extenuating conditions exist which warrant the issuance of a
conditional building permit. Such conditional building permit shall
be valid for a period of three (3) months from the date of issuance
and shall not be renewed. At the expiration of such period, construction
shall cease until such time as the applicant shall obtain a building
permit.
[Amended 11-12-91 by Ord. No. 91-111; 6-10-92 by Ord. No. 92-19; 4-20-09 by Ord. No. 09-11]
A. No land or new construction shall be occupied or used in whole or
in part for any purpose whatsoever until a certificate of occupancy
shall have been issued by the Construction Official stating that the
use of the land or building complies with the provisions of this Ordinance.
B. No change, extension or alteration of the use of any land or structure
shall be made until a certificate of occupancy shall have been issued
by the Construction Official upon notification by the Zoning Officer
that such change, extension or alteration is in conformity with the
provisions of this Ordinance.
C. No certificate of occupancy for any land or structure shall be granted
until all required improvements or conditions of approval have been
met, installed or completed. A temporary certificate of occupancy
may be issued but only for a specific period, upon such conditions
as the Township Engineer may impose, such as bonding, to ensure the
completion or installation of any such improvements unfinished because
of weather or unforeseen delay. The installation of any required public
or private improvements or improvements required as conditions of
site plan approval may also be delayed if the Township Engineer warrants
in writing to the Construction Official that the delay is in the best
interests of the Township.
D. No certificate of occupancy shall be issued by the Chief Construction
Official for any home in a subdivision until all the public improvements
in the phase or section in which the certificate of occupancy is being
requested (except for final paving course) are installed and the home
is connected to all the utilities in accordance with the township
regulations. This subsection shall apply in addition to any other
requirements set forth in the building codes and any other Township
ordinances relating to certificates of occupancy. Issuance of a certificate
of occupancy contrary to this subsection shall be deemed an act of
misfeasance by the issuing officer.
[Amended 11-12-91 by Ord. No. 91-111; 6-10-92 by Ord. No. 92-19]
E. The transfer of any home with the intention of occupancy or the occupancy
of any home without a certificate of occupancy having been issued,
in a subdivision or elsewhere, where all of the water mains, storm
sewers, culverts, underground electrical and telephone conduits, street
grading, curbs and street pavement (except for the final paving course)
have not been installed in front of or on the building site or to
the rear of the building site, shall be a violation, by the subdivider
or seller and the purchaser or occupant, of this chapter. A subdivider
or seller or an occupant or purchaser found guilty of violating this
subsection shall be subject to a fine not to exceed five hundred dollars
($500.) or imprisonment for not more than ninety (90) days, or both.
F. During the period from late fall to early spring or at any other
times of the year, it may not be feasible to install landscaping and
minor construction details required by site plan approval due to inclement
weather, unavailability of material or other reasons. The Director
of Planning & Engineering may authorize the issuance of a certificate
of occupancy where landscaping is not installed or minor construction
details are not complete, provided that a cash deposit sufficient
to accomplish all uncompleted work set forth on the site plan is posted
with the Township of East Brunswick. The Director of Planning and
Engineering will exercise his or her decision based on the following
standards
[Added 4-20-09 by Ord. No. 09-11]
(a)
That the applicant would suffer severe financial loss unless
a certificate of occupancy is issued and that a temporary certificate
of occupancy would not suffice.
(b)
That the construction is of a minor nature, meaning it does
not make up a large cost item in the overall site plan, and that the
site can be used with the minor item omitted without endangering the
health and welfare of the public or those using the premises.
(c)
That the weather conditions will make it unlikely that the landscaping,
given all reasonable care, would survive.
(d)
That the sum deposited shall be in an amount sufficient to cover
the cost of completing the work to be done, not to exceed 120% of
the cost of installation, as estimated by the Township Engineer in
accordance with the Municipal Land Use Law.
(e)
That the construction or the permanence of the construction
would be jeopardized by the existing weather conditions.
(f)
The sum deposited as escrow shall also include an amount sufficient
to cover the cost of all inspections and tests which are required
in connection with the construction or installation of all public
improvements and all work required by site plan approval but not completed
at the time the certificate of occupancy is issued. In addition, the
Director of Planning & Engineering or his or her designee(s) shall
estimate the amount necessary to cover the pro rata share of the cost
of providing reasonable protection for off-tract impact caused by
site work on the subject premises, which escrow shall be released
at such time as the Director of Planning & Engineering or his
or her designee(s) is satisfied that the site has been constructed
in such a way so as to protect against such off-tract impact.
G. The applicant must also execute an agreement to complete the work
as soon as weather permits and in no instance after more than one
hundred eighty (180) days from the date of the application. Failure
to complete the work within one hundred eighty (180) days shall constitute
sufficient authorization for the Director of Planning and Engineering
to utilize the cash deposit and have all work completed as shown on
the approved site plan.
[Added 4-20-09 by Ord. No. 09-11]
[Added 11-12-91 by Ord. No. 91-111]
A. All owners, developers and subdividers having an interest in a major
subdivision in the Township of East Brunswick shall display within
all of their sales offices or the sales office of any broker or agent
engaged by them for the purpose of selling residential dwellings,
the following:
(1)
The portion of the Middlesex County Master Plan showing the
Township of East Brunswick.
(2)
The Master Plan of the Township of East Brunswick.
(3)
The Zoning Map of the Township of East Brunswick.
(4)
The Official Map of the Township of East Brunswick.
B. The above maps shall be at a scale of not less than one (1) inch
to one thousand (1,000) feet.
C. The maps and plans shall be prominently displayed in an open and
unobstructed manner in all sales offices and shall be shown to all
prospective buyers.
D. The above maps will be available from the Township Engineer at a
nominal charge.
E. In addition to the above maps, the approved site plan, preliminary
subdivision map or final PURD plan (whichever is applicable) certified
by the Planning Board Chairman and Secretary shall be displayed within
all sales offices. Scale shall not be less than one (1") inch to fifty
(50') feet.
F. All owners, developers and subdividers having an interest in a major
subdivision or major residential site plan in the Township of East
Brunswick shall display within all of their sales offices or the sales
office of any broker or agent engaged by them for the purpose of selling
residential dwellings the following:
(1)
A sales map in the sales office in a place that may be observed
and reviewed by any person(s) calling at the office.
(2)
A copy, on standard legal size paper, in type or clear print,
of any proposed protective or restrictive covenants and easements
to be applied to all or any portion of lands within the subdivision.
(3)
A copy of any Board approved revisions to the site plan or subdivision
and all approved revisions or field changes to construction plans.
Any such revised item or plan sheet shall have a notation marked on
the original document that it is "REVISED' as of (date). The corresponding
item or revision sheet SHALL NOTE THERE ON THE FOLLOWING: "ORIGINAL
DOCUMENT DATED (date) HAS BEEN REVISED ON (include all dates)."
(4)
A "public offering statement" for the entire development, if
the tract of land is to be developed as a planned unit development,
as that term is defined in the Municipal Land Use Act and filed with
the New Jersey Department of Community Affairs.
(5)
A copy of the Environmental Risk Audit (ERA) as described in
Section 132-I(2), below.
G. The sales map shall be based on the Official Tax Map information
or some other similarly accurate base at the scale of not less than
fifty (50) feet to an inch or greater throughout the map, which said
scale shall be clearly indicated thereon and shall be consistent in
all directions shown thereon. The map shall show the owner's approved
subdivision and all lands contiguous thereto for a distance of one
thousand (1,000) feet, within or without the Township of East Brunswick.
H. The sales map shall clearly show and include for the area within
one thousand (1,000) feet of the subdivision in all directions the
following information which shall be maintained current.
(1)
The location of proposed streets and the layout of proposed
lots within the subdivision.
(2)
The location of all state, county and municipal roads in existence
on the date of the final approval of the subdivision.
(3)
The location of all state, county and municipal roads proposed
and approved by any governmental agency having jurisdiction to establish
such roads. The location of all such roads shall be as shown on the
Official Master Plan adopted by the appropriate agency of the state,
county or municipality.
(4)
The location of all existing structures and wooded areas within
the subdivision.
(5)
A designation of the zoning district to be subdivided and the
zoning districts of all contiguous properties within the distance
of one thousand (1,000) feet.
(6)
The location of all railroads and railroad rights-of-way for
public utilities.
(7)
The location of all public or private utility plants; the location
of all sanitary landfill and hazardous waste sites operations in existence
or proposed; the location of all Superfund sites; the location and
identification of all industrial, manufacturing and warehousing uses;
the location of all hazardous (as defined in the New Jersey Hazardous
Substances Labeling Act, N.J.S.A. 24:5A-1) uses which emit pollutants
(as defined in N.J.S.A. 58:10A-3) into the air, (as defined in the
Air Pollution Control Act, N.J.S.A. 26:2C-2) soil, or water - courses;
and the location of all gas transmission lines.
(8)
The location of all schools, parks, playgrounds, public buildings
and sidewalks.
(9)
The location of all streams, ponds and watercourses and a legend
reference as to whether flood hazard insurance is required.
(10)
The location and description of any use approved by the Board
of Adjustment or Planning Board during the previous three (3) years.
(11)
The location of all drainage ditches within the area shown on
the sales map.
(12)
The size of each parcel in the subdivision to be sold, whether
improved or unimproved.
(13)
A map legend setting forth the present tax, water and sewer
rates of any public authority servicing the subdivision.
(14)
A map legend setting forth the phone numbers and extensions
for the Township Clerk, Township Administrator, and Director of Planning.
(15)
The location of any and all structures proposed on each parcel.
I. SALES MAP RELATED DOCUMENTS INFORMATION; UPDATE; ENVIRONMENTAL RISK
AUDIT.
(1)
The information to be depicted on the sales map shall be based
on the most recent zoning and street maps, federal insurance rate
maps, and the prospective development map on file with the office
of the Director of Planning. The completed sales map shall be submitted
for review to the Chief Construction Official prior to it being posted,
who shall review it for compliance with the requirements of this Ordinance.
There shall be a charge of one hundred dollars ($100.) for the review
and certification of compliance by the Chief Construction Official,
which shall be paid by check payable to the Township of East Brunswick
at the time of submission for approval.
(2)
An Environmental Risk Audit (ERA) shall be conducted for all
of the property which is the subject of the subdivision. The person
or entity conducting the ERA shall have no personal or financial interest
in the property or project. His/her qualifications shall be attached
to the ERA. The ERA shall include a statement setting forth the use
of the subject property for a period of 10 years prior to the application
for subdivision (Historical Property Evaluation). If there is any
evidence of environmental contamination, manufacturing, warehousing
landfilling subsurface burying of materials or any other information
which could affect the health, safety or welfare of persons exposed
to the property, the details of same shall be set forth in the ERA.
The ERA shall also reflect the results of on-site soil sampling and
water testing and shall reflect all surface and groundwater contamination.
The ERA shall contain a site contamination assessment, quantifying
the potential risks in terms of the cost to remove contamination from
the property. A copy of the ERA shall be filed with the Chief Construction
Official, who shall review it for compliance with the requirements
of this ordinance. There shall be a charge of one hundred ($100.)
dollars for the review and certification of compliance, which shall
be paid by check payable to the Township of East Brunswick at the
time of submission for approval.
(3)
The Chief Construction Official or his/her designee shall review
each sales map and any revisions to it or the other items required
under Section 192-52F, G and H displayed pursuant to the terms of
this ordinance not less than every three (3) months and shall require
such additional information as he/she deem necessary to maintain these
documents in an up-to-date condition. There shall be a charge for
the inspection of the information which shall be twenty-five dollars
($25) per visit, made payable by check to the Township of East Brunswick.
The Chief Construction Official may from time to time, as he/she deems
necessary, direct the owner or seller to display additional information
on the documents so that same may be maintained in an up-to-date condition.
New information obtained by the owner or seller shall be included
in the sales map or related documents within thirty (30) days of receipt
of such information. The Chief Construction Official shall affix his/her
approval, upon his/her satisfaction of the inspection of the documents,
indicating the date thereof.
J. Certificate of compliance.
(1)
At or before the execution of the contract of sale for any lot
within a subdivision, the seller shall obtain, on a form approved
by the governing body, a certification from the purchaser that:
(a)
The sales map was on display and available for inspection on
any occasion of his visit to the sales office.
(b)
He had a reasonable opportunity to study and review the sales
map.
(c)
He had the opportunity to visit the site of the lot he is purchasing
at least once before he executed the contract of sale.
(d)
He had the opportunity to review any protective or restrictive
covenants and easements prior to the execution of the contract of
sale.
(e)
He had the opportunity to review the construction plans for
the structure he is buying and all related common elements.
(f)
The seller did not refuse or decline to answer any questions
directed to him pertaining to the sales map or the protective or restrictive
covenants or easements.
(2)
The seller shall file the certificate mentioned in Subsection
A hereof with the Chief Construction Official within twenty (20) days of the full executive of the contract of sale.
K. Additional notice provisions.
(1)
In the event the owner or seller of land files an application
to amend a previously received approval from the Zoning Board of Adjustment
or Planning Board (Site Plan, subdivision or variances), including
but not limited to recreation facilities, bikeways or trail, drainage,
sewerage or open space easements, lighting details or other items
deemed to be significant by the Director of Planning, each previous
purchaser who is an owner at the time of such application and each
contract purchaser of any such lot or unit within 200' of the proposed
change shall be advised, in writing, by the developer by certified
mail, return receipt requested, of the hearing date on such revisions
and that a copy of the proposal is available for such review in the
sales office and the office of the Director of Planning. Proof of
service shall be required to be filed with the Chief Construction
Official and with the Department of Planning.
L. Violations and penalties.
(1)
If any person engages in the sale of a lot or lots within a
subdivision without first displaying the sales map and other related
documents or the protective covenants of easements as required herein,
the owner of the subdivision shall be subject to a fine for each such
lot sold or contracted to be sold provided hereinafter.
(2)
The owner of a subdivision who shall fail to file the certification
of compliance as required herein, or fails to disclose to the purchaser
the information as provided by the representative of the Department
of Planning, through his or the fault of any person engaging in the
sale of lots on his behalf, shall be subject to a fine as provided
for hereinafter.
(3)
Any person, firm or corporation found guilty in the Municipal
Court of the Township of East Brunswick of a violation of the terms
of this ordinance shall be subject to one or more of the following
in the discretion of the Municipal Court Judge: imprisonment in the
county jail or in any place provided by the municipality for the detention
of prisoners, for any term not exceeding ninety (90) days or by a
fine not exceeding one thousand dollars ($1,000.00) or by a period
of community service not to exceed ninety (90) days.
Except as otherwise provided, each and every day in which a
violation of this ordinance exists, shall constitute a separate violation.
In addition, each violation of this ordinance shall be considered
a separate offense upon each and every day in which a violation exists.
(4)
In addition to the foregoing, if the owner or its agents continuously,
for a period of thirty (30) days or more, fails and refuses to comply
with the requirements of this Section, the municipality may institute
and maintain an action for injunctive relief to prohibit the continued
sale of the lots within the subdivision until compliance with this
Section, in addition to the suspension of the issuance of any further
building permits for the subdivision or conducting of any inspections
for approvals required under the subdivision approval.
M. Applicability of Provisions.
All the requirements set forth in this section with regard to
the sale of lots shall apply with equal force and effect to the lands
which have been previously subdivided pursuant to the law, and from
and after the effective date of this Section, all owners of subdivided
land shall comply forthwith. However, it is understood that the requirements
of this section shall apply only to the first sale of a lot or lots
of the subdivision to an individual home buyer. Whenever the word
"He" or "Him" appears in the ordinance, it is intended to apply with
equal force to "She" or "Her".
[Added 11-12-91 by Ord. No. 91-111]
All real estate brokers maintaining offices in the Township
of East Brunswick shall post maps as set forth above.
The Mayor shall enforce this chapter. In case any building or
structure is erected, constructed, altered, repaired, converted or
maintained or any building, structure or land is used in violation
of this chapter, the Mayor and his agent or interested party, in addition
to other remedies, may institute any appropriate action or proceedings
to prevent such unlawful erection, construction, reconstruction, alteration,
repair, conversion, maintenance or use; to restrain, correct or abate
such violation; to prevent the occupancy of said building, structure
or land; or to prevent any illegal action, conduct, business or use
in or about such premises.
[Added 11-12-91 by Ord. No. 91-111]
A. If, before favorable referral and final approval has been obtained
any person transfers or sells or agrees to sell, as owner or agent,
any land which forms a part of a subdivision upon which the Planning
Board is required to act, such person shall be subject to a fine not
to exceed five hundred dollars ($500.) or to imprisonment for not
more than ninety (90) days, and each parcel, plot or lot so disposed
of shall be deemed a separate violation.
B. In addition to the foregoing, if the streets in the subdivision are
not such that a structure on the land in the subdivision would meet
requirements for a building permit under N.J.R.S. 40:55-1.30 et seq.,
the municipality may institute and maintain civil action:
(2)
To set aside and invalidate any conveyance made pursuant to
such contract or sale if a certificate of compliance has not been
issued in accordance with N.J.R.S. 40:55-1.24, but only if the municipality
has a Planning Board or a committee thereof with power to act and
which meets regularly on a monthly or more frequent basis and whose
governing body has adopted standards and procedures in accordance
with N.J.R.S. 40:55-1.20.
Editor's Note: N.J.R.S. 40:55-1.30 was repealed by P.L. 1975,
c. 291.
Editor's Note: N.J.R.S. 40:55-1.24 was repealed by P.L. 1975,
c. 291 and replaced by N.J.R.S. 40:55D-56.
Editor's Note: N.J.R.S. 40: 55-1.20 was repealed by P.L. 1975,
c. 291, and replaced by N.J.R.S. 40:55D-38 through 40:55D-41 and 40:55D-44.
C. In any such action the transferee, purchaser or grantee shall be
entitled to a lien upon the portion of land from which the subdivision
was made that remains in the possession of the subdivider, or his
assigns or successors, to secure the return of any deposit made or
purchase price paid and also a reasonable search fee, survey expense
and title closing expense, if any. Any such action must be brought
within two (2) years after the date of the recording of the instrument
of transfer, sale or conveyance of the land, or within six (6) years
if unrecorded.