These rules, regulations, and standards
shall be considered the minimum requirements for the protection of
the public health, safety, and welfare of the citizens of the Township
of Millburn.
All provisions of this ordinance
may be amended in accordance with applicable laws.
[Ord. No. 2318-08]
Any and all appeals from final decisions
of the Planning Board or the Board of Adjustment pursuant hereto shall
be made to and filed in the Superior Court of New Jersey pursuant
to the Rules of Court.
A Board of Adjustment is hereby established
pursuant to N.J.S.A. 40:55D-69 et seq. consisting of seven regular
members and two alternates who shall be residents of the Township
of Millburn appointed by the Governing Body.
Nothing in this ordinance shall require
any change in a building permit, site plan, or variance which was
approved before the enactment of this ordinance, but is in violation
of this ordinance, provided that construction based on such a building
permit shall have been started within one year from the effective
date of this ordinance and, in the case of a site plan or variance,
a building permit shall have been issued within one year following
the effective date of this ordinance. In all instances the project
shall be continuously pursued to completion, otherwise all approvals
and permits shall be void.
All zoning requirements shall be
met at the time of any erection, enlargement, or change in use.
Before any permit shall be issued
for a conditional use, applications shall be made to the approving
authority, in accordance with the procedures outlined in the rules
and regulations adopted by the approving authority.
This ordinance shall take effect
upon its final passage, publication of notice, and filing with the
County Planning Board according to law.
It shall be the duty of the Zoning
Officer to administer and enforce the zoning provisions of this ordinance.
It shall be the duty of the Municipal Engineer to enforce the provisions
of subdivision and site plan approvals. See Section 420, Zoning Permits.
[Ord. No. 15-89]
The applicant shall, at the time
of filing an application for development, pay the following fees to
the Township by check or bank money order. The application fee is
nonrefundable. Proposals requiring a combination of approvals, such
as subdivision, site plan, and/or variance, shall pay a fee totaling
the full amount for the approval with the highest fee, plus one-half
the fee of the next highest approval required and nothing for additional
approvals.
410.1.
Subdivision Application.
a.
Informal Review or Concept Plan: No fee.
b.
Minor Fee: $100.
c.
Major - Preliminary Plat Fee: $200 + $50
per lot; minimum of $700.
d.
Major - Final Plat Fee: $100 + $25 per
lot; minimum of $350.
e.
Resubmission of plat that was previously
approved, but not filed, shall be one-half the required fee, provided
there are no changes.
410.2.
Site Plan Application.
a.
Informal Review of Concept Plan: No fee.
b.
Minor Fee: $100.
c.
Major - Preliminary Plat, Nonresidential
Fee: $200 + $100 per acre or fraction thereof, plus $25 per 1,000
square feet of gross floor area up to 10,000 square feet, plus $10
per 1,000 square feet of gross floor area in excess of 10,000 square
feet.
d.
Major - Preliminary Plat, Residential Fee:
$200 + $30 per unit up to 10 units, plus $20 per unit from 11-100
units, plus $10 per unit for over 100 units.
e.
Major - Final Plat Fee: $100.
410.4.
Conditional Use Application. Fee:
$100.
410.7.
Technical Review Fees. In addition
to the filing fees required by Sections 410.1 through 410.6, an applicant
shall pay fees equal to the costs incurred for the technical review
of the application by the Township Engineer, planning and engineering
consultants to the Planning Board, the Board of Adjustment or Historic
Preservation Commission; the Attorney for the Planning Board, the
Board of Adjustment or Historical Preservation Commission, and any
other professional expert or consultant whose review, study, research
and reports and/or testimony is deemed necessary by the municipal
agency in order to assure compliance with State and Township laws,
ordinances, rules and regulations. Technical review fees shall be
calculated in accordance with the actual time required for review
at rates established by a schedule of professional fees adopted and
from time to time amended by resolution of the Township Committee,
which schedule shall be maintained in the office of the Township Clerk
for public inspection. If the salary and overhead for a professional
are provided by the Township, the hourly rate charged to the deposit
from said professional shall be 200% of the sum of the product resulting
from multiplying the hourly base salary of each of the professionals
by the number of hours spent by the respective professional on review
of the application for development or inspection of the developer's
improvements, as the case may be. Unless such fees are waived or deferred
by the applicable agency, at the time of filing an application for
development with the Planning Board, Board of Adjustment or the Historic
Preservation Commission, the applicant shall pay to the Township an
initial deposit for technical review fees in accordance with the following
schedule:
[Ord. No. 2278-06; Ord. No. 2467-16]
a.
Minimum Escrow Fees for Anticipated Legal
Services:
|
Minor and Major Subdivisions
|
$750
|
|
Site Plan
|
$750
|
|
Special Meetings & Misc.
|
As set by resolution of the Township
Committee
|
b.
Minimum Escrow Fees for Anticipated Professional
Planner Services:
|
Minor Subdivision
|
$1,100
|
|
Major Subdivision
|
$2,500
|
|
Site Plan
|
$1,100
|
|
Site Inspection
|
$750 each visit
|
|
Attendance at meetings
|
$500
|
|
Hourly billing rate
|
As set by resolution of the Township
Committee
|
c.
Minimum Escrow Fees for Anticipated Professional
Engineering Services for Plan Review:
|
Minor Subdivision
|
$400
|
|
Major Subdivision - Sketch Plat
|
$200 + $50/Lot
|
|
Major Subdivision - Preliminary Plat
|
$600 + $200/Lot
|
|
Major Subdivision - Final Plat
|
$300 + $50/Lot
|
|
Site Plan - Preliminary
|
$1,000 plus
|
|
(based on the cost of site improvements
exclusive of the buildings):
| |
|
3%
|
(0 - $10,000)
|
|
$300 + 1A 1/2% over $10,000
|
($10,001 - $25,000)
|
|
$525. + 1% over $25,000
|
($25,001 - $100,000)
|
|
$1,275 + 1/2% over $100,000.
|
($100,001 - $250,000)
|
|
$2,025 + 1/2% over $250,000.
|
(Over $250,000)
|
|
Site Plan - Final
|
1/3 of Preliminary Fee
|
|
Hourly Billing Rate
|
As set by resolution of Township
Committee
|
d.
The minimum escrow fee deposit for anticipated
professional review by the Historic Preservation Consultant to the
Historic Preservation Commission: $750. Thereafter, if additional
services are required, the Historic Preservation Consultant shall
be paid in accordance with the hourly rate established by Township
Resolution.
e.
A review fee of $1,000 for all proposals
concerning wireless telecommunications installation where a new tower
or other structure is proposed in addition to all other required fees.
f.
Miscellaneous special services. Traffic
or other relevant professional study and analysis if required as determined
by the Municipal Engineer.
No major application for development
shall be deemed complete until such time as the applicant shall have
posted with the Township in cash or certified check the amount of
escrow deposit determined by the Township Engineer based upon the
following criteria: (a) complexity of the application; (b) proximity
of the proposed development to other uses; (c) traffic considerations;
(d) public safety considerations; (e) infrastructure needs and impact;
and (f) related considerations. The Township Engineer's determination
of the escrow may be modified by the Chairperson of the Planning Board,
Board of Adjustment or Historic Preservation Commission or by a vote
of the entire applicable board.
410.8.
Inspection Fees and Costs. The applicant
shall pay fees equal to the expenses incurred by the Township with
respect to:
[Ord. No. 2467-16]
a.
The inspection of on-site, on-tract, off-site
and off-tract improvements constructed or installed by the applicant
in accordance with the terms and conditions of subdivision and/or
site plan approval or the grant of a variance;
b.
The testing of materials or construction
work performed by the applicant in the event that such testing is
deemed necessary by the Township;
c.
Analyses or tests to determine compliance
by the applicant with any monitoring standards established by the
terms and conditions of subdivision or site plan approval; and
d.
The inspection of improvements constructed
or installed by the applicant for purposes of determining compliance
with any maintenance obligations of the applicant.
The improvements constructed or installed
to meet the requirements of subdivision or site plan approval, which
are the subject of inspection, include the following: pavement subgrade,
base course pavement, surface course pavement, sidewalks, storm drainage
facilities, sanitary sewerage facilities, street signs, topsoil and
erosion protection, grading, landscaping and monuments. An applicant
shall give notice at least 24 hours in advance of the undertaking
of any work which is the subject of inspection. Overtime inspection
will not be provided unless special arrangements are made therefor
prior to the overtime period. Inspection fees shall be calculated
in accordance with the actual time required for inspection at rates
established by a schedule of inspection fees, which schedule shall
be adopted and from time to time amended by resolution of the Township
Committee and maintained in the office of the Township Clerk for public
inspection.
At the time of the grant of final
subdivision or site plan approval, or prior to the commencement of
any work on subdivision or site plan improvements, if such work is
undertaken before final approval, the applicant shall pay to the Township
an initial deposit for inspection fees and costs. Such initial deposit
shall be in accordance with the following schedule:
|
Estimated Costs of Improvements
(exclusive of building)
| |
|
Under $5,000
|
8%
|
|
$5,000 - $10,000
|
$400 + 5% over $5,000
|
|
$10,000 - $50,000
|
$650 + 4.5% over $10,000
|
|
$50,000 - $100,000
|
$2,450 + 4% over $50,000
|
|
Over $100,000
|
$4,450 + 3% over $100,000
|
|
Hourly Billing Rate
|
As set by resolution of the Township
Committee
|
|
The Estimated Costs of Improvements
shall be determined by the Township Engineer based on plans and certified
quantity estimates prepared by the applicant's engineer and shall
include a 20% excess contingency.
|
|
Inspection shall not relieve the
applicant from the obligation of performing work strictly in accordance
with the plans and specifications approved therefor or the obligation
of performing work in a workmanlike manner using first-class materials.
Until such time as the Township Committee shall approve the construction
and installation of any improvement by a resolution adopted pursuant
to the provisions of N.J.S.A. 40:55D-53, any improvement not meeting
the aforesaid plans, specifications or standards shall be replaced,
reconstructed or repaired by the applicant despite any previous oversight
or error in inspection.
|
e.
When an application to the Historic Preservation
Commission has been approved and the Construction Code Official and/or
the Township Engineer has issued a Construction Permit and/or any
other associated permits then in addition to construction code and
engineering inspections with respect thereto, the Construction Code
Official and/or Township Engineer shall request that the Historic
Preservation Commission Consultant inspect the project for compliance
with approved historic architectural elements or construction, then
the HPC Consultant shall be paid therefor upon presentation of a bill
associated with such inspections from the escrow deposit made by the
applicant and administered by the Township Treasurer as required by
law.
410.9.
Fee Deposits Held in Escrow. Each
deposit for anticipated municipal expenses for professional services
shall be held in escrow by the Township in an account separate from
the general funds of the Township pursuant to N.J.S.A. 40:55D-53.1.
The account shall be in a banking institution or savings and loan
association in this State, insured by an agency of the Federal government,
or in any other fund or depository approved for such deposits by the
State, in an account bearing interest at the minimum rate bearing
interest at the minimum rate currently paid by the institution or
depository on time or savings deposits. The Township Treasurer shall
notify the applicant in writing of the name and address of the institution
or depository in which the deposit is made and the amount of the deposit.
All interest earned on any account shall be retained in the account
until paid over as hereinafter provided. The Township Business Administrator
shall from time to time certify to the Township Committee the inspection
fee as determined in accordance with the aforementioned schedule of
professional fees, as well as any inspection costs. Such fees or charges
shall be based upon a schedule established by resolution pursuant
to N.J.S.A. 40:55D-53.1. If the Township Committee determines the
costs as certified to be reasonable, then such amount shall be withdrawn
from the escrow account and paid over to the Township as an item of
miscellaneous revenue. An applicant may at any time examine Township
records with respect to an escrow account and expenditures therefrom.
All deposits for inspection fees shall be made prior to the performance
of the inspection services which the deposit is intended to cover.
In the event that the initial deposit made by an applicant is not
sufficient to cover all technical review fees or costs with respect
to the application for which the deposit was made or all inspection
fees and/or costs with respect to the application for which the deposit
was made, upon request by the Township, the applicant shall make such
further deposit or deposits as may be necessary to cover further inspection
fees and/or costs. Whenever the interest earned on any escrow account
shall exceed $100 in any calendar year, the Township Treasurer shall
pay to the applicant 66 2/3% of the interest earned during the calendar
year on such account, with the remaining 33 1/3% of such interest
being paid over to the Township for administrative expenses. Such
payments shall be made within 30 days after the termination of the
calendar year in which the interest was earned or upon the termination
of the account in the event that the account shall be terminated prior
to the end of the calendar year. Whenever the interest earned on any
escrow account is no more than $100 in any calendar year, all of such
interest shall remain in the account until the termination of the
account at which time all of such interest shall be paid over by the
Township Treasurer to the Township for administrative expenses. After
the issuance of a report by the Township Engineer that all subdivision
and/or site plan improvements have been completed, inspected and approved,
and after all inspection fees and/or costs have been paid from the
escrow account for such application, the Township Treasurer shall
refund to the applicant all deposit moneys remaining in the escrow
account, together with the interest, if any, which the applicant is
entitled to receive. After the interest which the Township is entitled
to receive is paid over to the Township, the escrow account shall
be terminated.
[Ord. No. 2467-16]
410.10.
Off-Tract Improvement Charges.
[Ord. No. 2467-16]
a.
Construction or Contribution Required.
Pursuant to N.J.S.A. 40:55D-39 and N.J.S.A. 40:55D-42, where the need
for off-tract improvements for water, sewer, drainage, street improvements
and other improvements as provided by law are, in whole or in part,
made necessary or required as a result of a proposed development application,
the Planning Board may require the developer, as a condition of subdivision
or site plan approval, to construct such off-tract improvements, or
to contribute its pro rata share of the cost of the construction of
such off-tract improvements in accordance with the provisions of this
section.
1.
Determinations by Planning Board.
The Planning Board shall review all subdivision and site plan applications
to determine their impact on the Township's infrastructure. The Board's
determination shall include a review of whether the off-tract improvement
is a benefit solely to the developer, and/or whether additional parties
will receive a benefit as a result of the construction of the off-tract
improvement. In making its determination, the Board shall be guided
by the rules and regulations specified in this ordinance. The Board
may also be guided by recommendations regarding the subject matter
from the Board Attorney, Township Engineer, Municipal Officials and
other qualified experts. Thereafter, the Planning Board shall, with
the assistance of such professionals:
(a)
Determine the Need for off-tract
improvements.
(b)
Determine the total cost of the off-tract
improvement(s). For the purposes of this section, total cost of improvements
may include: all payments to contractors and subcontractors; design
and engineering costs; bonding costs; permit, inspection and application
fees; property and/or easement acquisition costs; and costs for overhead,
project supervision and legal fees. All costs for off-tract improvements
shall be verified by the Township in the event that the Township or
any other entity shall make any contribution toward the completion
of any off-tract improvement.
(c)
Determine the amount, if any, by
which all properties to be serviced thereby including the developer's
property will be specially benefited therefrom.
(d)
In cases where reasonable and necessary
need for the off-tract improvement or improvements is necessitated
or required by the proposed development application and where no other
property owners receive a special benefit thereby, the Planning Board
shall require the developer, as a condition of approval, at the developer's
expense, to provide for and construct such improvements as if such
were on-tract improvements and shall forward a report of its findings
to the Township Committee.
(e)
In cases where the need for any off-tract
improvement is necessitated by the proposed development application
and where the Planning Board determines that properties outside the
development could also be benefited by the improvement, the Planning
Board shall forward to the Township Committee a report containing
a list and description of all such improvements, together with its
request that the Township Committee determine the matters in (2) below
and advise the Planning Board of the Township Committee's decision.
2.
Determination by Township Committee.
Upon receipt of the recommendations and report of the Planning Board,
the Township Committee shall, within 30 days from the receipt thereof,
determine and advise the Board whether:
(a)
The recommended off-tract improvement
should be undertaken in the manner recommended by the Board or whether
the Township Committee is of the opinion that an alternative improvement
should be considered by the Board.
(b)
The improvement is to be constructed
or installed by the Township as a general improvement or as a local
improvement.
(c)
The improvement is to be constructed
or installed by the developer under a formula providing for partial
reimbursement by the Township or otherwise for benefits to properties
other than the development where appropriate.
3.
Amount of Contribution. Once the
Township Committee has made the determinations in (2) above, the developer
may be required to provide, as a condition for final approval of the
development, a combination of performance and maintenance guarantees,
cash contributions, developer's agreements and/or other forms of surety
permitted by law to insure payment to the Township of one of the following
amounts:
(a)
If the improvement is to be constructed
by the Township as a local improvement, the developer's proportionate
share of the total cost of the improvement.
(b)
If the improvement is to be constructed
by the developer, the total cost of the off-tract improvement less
an offset for the value of any special benefit to properties other
than the developer's.
(c)
If the improvement provides no special
benefits to properties other than the property which is the subject
of the Planning Board application, the off-tract improvement shall
be constructed by the developer in accordance with the Township rules
and regulations relating to the construction of on-tract improvements.
4.
Pro Rata Formula for Determining
Developer's Share of Off-Tract Improvements. Where an off-tract improvement
is required, and it is the determination of the Planning Board and
Township Committee that the developer is responsible for only a proportionate
share of the costs of such improvement, the following criteria shall
be utilized in determining the proportionate share of the cost of
such improvements which shall be paid by the developer:
(a)
Roadways. For street widening, alignment,
channelization of intersections, construction of barriers, new or
improved traffic signalization, signs, curbs, sidewalks, trees, utility
improvements not covered elsewhere, the construction or reconstruction
of new or existing streets and other associated street or traffic
improvements, the developer's proportionate costs shall be determined
by the Township as follows:
|
Future Peak-Hour Traffic Generated
by the Development divided by (÷) Future Peak Hour Traffic
|
x
|
Total Cost of the Roadway Improvement
and/or Extension
|
=
|
Developer's Cost
|
(b)
Drainage Improvements. For stormwater
and drainage improvements, including installation, relocation or replacement
of transmission lines, culverts, catch basins and the installation,
relocation or replacement of other appurtenances associated therewith,
the developer's proportionate share shall be determined as follows:
|
Development Cubic Feet Per Second
(cfs) divided by (÷) Total Increase in Tributary cfs
|
x
|
Total Enlargement of Improvement
Cost
|
=
|
Developer's Cost
|
|
Developer's cost cannot be less than
$0.
| ||||
(c)
Sanitary
Sewers. For distribution facilities including the installation, relocation
or replacement of collector, trunk and interceptor sewers and the
installation, relocation or replacement of other appurtenances associated
therewith, the developer's proportionate share shall be computed as
follows:
i)
If the existing system
does not have adequate capacity for the total developed drainage basin,
the pro-rated enlargement of improvement share shall be computed as
follows:
|
Development Gallons Per day ("gpd")
divided by (÷) Total Increase in Tributary gpd
|
x
|
Total Enlargement of Improvement
Cost
|
=
|
Developer's Cost
|
ii)
If it is necessary to
construct a new system in order to develop the subdivision, the prorated
enlargement share to the developer shall be computed as follows:
|
Development Tributary gpd divided
by (÷) Total Tributary gpd to a New System
|
x
|
Total Project Cost
|
=
|
Developer's Cost
|
(d)
Water. For water distribution facilities
including the installation of new water mains, the extension of existing
water mains, the relocation of such facilities and the installation
of other appurtenances associated therewith, the developer's proportionate
share shall be computed as follows:
|
Use of Water (gpd) by the Developer
divided by (÷) Total Increase in Use of Water (gpd) of Area
Served by the Improvement
|
x
|
Total Enlargement or Improvement
Cost
|
=
|
Developer's Cost
|
(e)
Adjustments to formulas. It is recognized
that the foregoing formulas may require adjustment because of peculiar
or exceptional circumstances or may require the application of alternative
criteria in order to arrive at a fair and equitable distribution of
cost. For example, in the case of linear improvements, such as streets,
water and sewer lines and storm drains, length of property frontage
may be a more appropriate determining factor. In such instances, the
Board may modify or adjust the formulas.
5.
Cash Contributions, Methods of Payment.
(a)
The estimated developer's cost plus
a reasonable inflation cost for the off-tract improvement allocated
to the developer, if deposited in cash, shall be paid by the developer
to the Township Finance Department with a copy of the developer's
transmittal letter forwarded to the Township Committee, the Township
Engineer and the Board. Any and all monies received by the Finance
Department shall be deposited in a separate interest-bearing account
to the credit of the Township, and such funds shall be used only for
the improvements for which they are deposited or improvements serving
the same purpose. If such improvements are not initiated by the developer
or the Township within a period of 10 years from the date of payment
or other mutually agreeable period of time, then the funds so deposited
shall be returned to the developer, together with accumulated interest
less 10% of accumulated interest for administration costs. If, after
diligent inquiry, the Township is unable to locate the developer or
its successor in order to return said funds, then the funds so deposited
shall be placed in the Township's general capital improvement fund
and shall not be returnable to the developer thereafter.
(b)
In the event the payment by the developer
to the Township Finance Department provided for herein is less than
its share of the actual cost of the off-tract improvements, then it
shall be required to pay its additional share of the cost thereof.
6.
Assessment of Properties. The Township
may adopt a local improvement assessment ordinance for the purpose
of construction and installation of the off-tract improvements, based
upon the cost for the project, including administration and finance
charges. Any portion of the cost of the improvements not defrayed
by a developer may be assessed by the Township against benefiting
property owners according to their pro-rata share. Any such assessments
for benefits made against the developer or its successors in interest
shall be first offset by a pro-rata share credit of the allocated
costs previously deposited with the Township Finance Department pertaining
thereto. The developer or its successors in interest shall not be
liable for any part of an assessment for such improvements unless
the assessment exceeds its pro-rata share credit for its deposit,
and then only to the extent of the deficiency.
7.
Design Standards. Should the developer
and the Township enter into a contract for the construction and installation
of the off-tract improvements to be done by the developer, the developer
shall observe all requirements and principles of this ordinance and
other ordinances in the design of such improvements.
8.
Condition of Approval. The terms
set forth herein shall be a condition of either preliminary approval
or final approval of a subdivision or site plan. If not imposed as
condition of preliminary approval, such off-tract improvements and
the apportionment of the cost thereof shall be considered improvements
under N.J.S.A. 40:55D-1 et seq., which may be imposed at the time
of final approval.
9.
Notice and Appeal. Before apportioning
the cost of off-tract improvements to a developer, the Planning Board
shall notify and afford the developer an opportunity to be heard thereon
at a public meeting. The developer may appeal from the Township Council's
decision to the Superior Court within 45 days from the date of the
Council's decision.
b.
Omissions. Omissions from the bond of any
improvement will in no way be construed as to relieve the developer
from his legal obligation to conform to the required improvements
as provided in this ordinance.
c.
Certification. Prior to the final acceptance
of any of the required improvements by the Township the subdivision
owner or owners shall have submitted satisfactory affidavits certifying
that no unpaid bills, liabilities or liens against such improvements
and installations are outstanding.
410.11.
Agreement Between Developer and the
Township — Fees, Charges and Obligations. Within 90
days of the adoption of a Resolution granting a land development approval
requiring as a condition, the execution of a Developer Agreement,
there shall be executed and delivered to the Township an Agreement
between the Developer and the Township incorporating the terms and
conditions of approval and provisions including, but not limited to,
bonds, performance guarantees, letters of credit, escrow deposits,
conveyances to the Township, remediation of environmental conditions
including those discovered during development, insurance requirements,
time for completion of improvements, and payment of municipal charges,
water and sewer connection fees, road opening and other application
fees. The Agreement shall be prepared by the Township and shall be
executed by the Owner and Developer of the land development project.
[Ord. No. 2467-16]
[Ord. No. 2500-18]
The following payments, contributions,
and requirements shall be applicable to all site plans and subdivisions
in addition to other applicable ordinances for any such development
as follows:
a.
Before filing of final subdivision plats
or recording of minor subdivision deeds or as a condition of final
site plan approval or as a condition to the issuance of a zoning permit
pursuant to subsection d of section 52 of P.L. 1975, c. 291 (C. 40:55D-65)
the Township will require and shall accept in accordance with the
standards adopted by ordinance and regulations adopted pursuant to
section 1 of P.L. 1999, c. 68 (C. 40:55D-53a) for the purpose of assuring
the installation and maintenance of certain on-tract improvements,
the furnishing of a performance guarantee, and provision for a maintenance
guarantee in accordance with paragraphs a1 and 2 of this section.
In accordance with the Township ordinance requiring a successor developer
to furnish a replacement performance guarantee, as a condition to
the approval of a permit update under the State Uniform Construction
Code, for the purpose of updating the name and address of the owner
of property on a construction permit, the Governing Body may require
and shall accept in accordance with the standards adopted by ordinance
and regulations adopted pursuant to section 1 of P.L. 1999, c. 68
(C. 40:55D-53a) for the purpose of assuring the installation and maintenance
of certain on-tract improvements, the furnishing of a performance
guarantee, and provision for a maintenance guarantee, in accordance
with paragraphs a1 and 2 of this section.
1.
(a)
The developer shall furnish a performance
guarantee in favor of the Township in an amount not to exceed 120%
of the cost of installation 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 Township Engineer, according
to the method of calculation set forth in section 15 of P.L. 1991,
c. 256 (C. 40:55D-53.4), for the following improvements as shown on
the approved plans or plat: streets, pavement, gutters, curbs, sidewalks,
street lighting, street trees, surveyor's monuments, water mains,
sanitary sewers, drainage structures, public improvements of open
space, any grading necessitated by the preceding improvements.
The Township Engineer shall prepare
an itemized cost estimate of the improvements covered by the performance
guarantee, which itemized cost estimate shall be appended to each
performance guarantee posted by the obligor.
(b)
The developer shall furnish a performance
guarantee to include, within an approved phase or section of a development
privately-owned perimeter buffer landscaping, as required by ordinance
or imposed as a condition of approval.
At the developer's option, a separate
performance guarantee may be posted for the privately-owned perimeter
buffer landscaping.
(c)
In the event that the developer shall
seek a temporary certificate of occupancy for a development, unit,
lot, building, or phase of development, as a condition of the issuance
thereof, the developer shall furnish a separate guarantee, referred
to herein as a "temporary certificate of occupancy guarantee" in favor
of the Township in an amount equal to 120% of the cost of installation
of only those improvements or items which remain to be completed or
installed under the terms of the temporary certificate of occupancy
and which are required to be installed or completed as a condition
precedent to the issuance of the permanent certificate of occupancy
for the development, unit, lot, building, or phase of development
and which are not covered by an existing performance guarantee. Upon
posting of a "temporary certificate of occupancy guarantee", all sums
remaining under a performance guarantee, required pursuant to subparagraph
(a) of this paragraph, which relate to the development, unit, lot,
building, or phase of development for which the temporary certificate
of occupancy is sought, shall be released. The scope and amount of
the "temporary certificate of occupancy guarantee" shall be determined
by the Township Engineer. At no time will the Township hold more than
one guarantee or bond of any type with respect to the same line item.
The temporary certificate of occupancy guarantee shall be released
by the Township Engineer upon the issuance of a permanent certificate
of occupancy with regard to the development, unit, lot, building,
or phase as to which the temporary certificate of occupancy relates.
(d)
In
addition to a performance guarantee required by the Township ordinance,
a developer shall furnish to the municipality a separate guarantee,
referred to herein as a "safety and stabilization guarantee", in favor
of the municipality, to be available to the municipality solely for
the purpose of returning property that has been disturbed to a safe
and stable condition or otherwise implementing measures to protect
the public from access to an unsafe or unstable condition, only in
the circumstance that:
(1)
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
(2)
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. The Township shall not provide notice of its intent to
claim payment under a "safety and stabilization guarantee" until a
period of at least 60 days has elapsed during which all work on the
development has ceased for reasons other than force majeure. The Township
shall provide written notice to a developer by certified mail or other
form of delivery providing evidence of receipt.
The amount of a "safety and stabilization
guarantee" for a development with bonded improvements in an amount
not exceeding $100,000 shall be $5,000.
The amount of a "safety and stabilization
guarantee" for a development with bonded improvements exceeding $100,000
shall be calculated as a percentage of the bonded improvement costs
of the development or phase of development as follows:
• $5,000 for the first $100,000
of bonded improvement costs, plus
• Two and 1/2% of bonded improvement
costs in excess of $100,000 up to $1,000,000, plus
• One % of bonded improvement
costs in excess of $1,000,000.
2.
(a)
The developer shall post with the
Township, prior to the release of a performance guarantee required
pursuant to subparagraph (a), subparagraph (b), or both subparagraph
(a) and subparagraph (b) of paragraph a1 of this section, a maintenance
guarantee in an amount not to exceed 15% of the cost of the installation
of the improvements which are being released.
(b)
The developer shall post with the
Township, upon the inspection and issuance of final approval of the
following private site improvements by the Township Engineer, a maintenance
guarantee in an amount not to exceed 15% of the cost of the installation
of the following private site improvements: stormwater management
basins, in-flow and water quality structures within the basins, and
the outflow pipes and structures of the stormwater management system,
if any, which cost shall be determined according to the method of
calculation set forth in section 15 of P.L. 1991, c. 256 (C. 40:55D-53.4).
(c)
The term of the maintenance guarantee
shall be for a period not to exceed two years and shall automatically
expire at the end of the established term.
(d)
The Township shall not require that
a maintenance guarantee required pursuant to this ordinance be in
cash or that more than 10% of a performance guarantee pursuant to
the ordinance be in cash. A developer may, however, provide at his
option some or all of the maintenance guarantee in cash, or more than
10% of a performance guarantee in cash. (C. 40:55D-53.3).
[Ord. No. 9-87]
Upon adoption of this ordinance,
the previously adopted Zoning Ordinance and its amendments are repealed.
413.1.
The provisions of this ordinance
shall be held to be minimum requirements. Where this ordinance establishes
minimum and maximum standards, all standards shall be met. Where any
provision of this ordinance imposes restrictions different from those
imposed by any other provision of this ordinance or any other ordinance,
rule, regulation, or other provision of law, whichever provision(s)
are more restrictive or impose higher standards shall control.
413.2.
See also Article 6, Interpretation
of Zoning District Boundaries.
[Ord. No. 20-95]
A Planning Board is hereby established
consisting of nine members and two alternate members who shall serve
for a term pursuant to N.J.S.A. 40:55D-23. The members of the Planning
Board holding office on the date of adoption of this ordinance shall
continue therein until present terms expire. The Class I and Class
II members shall be appointed by the Mayor. The Class III member shall
be a member of the Governing Body and appointed by it. The Class IV
members shall be appointed by the Mayor. The terms of all Class IV
members first appointed under this section shall be determined so
that to the greatest practical extent the expiration of such terms
shall be distributed evenly over the first four years after their
appointment. The term of each Class IV member shall not exceed four
years. The Mayor may appoint a Class I designee to serve in the absence
of the Mayor and at the pleasure of the Mayor during the Mayor's official
tenure.
A site plan approval is required
for all developments which do not meet the definition of "Site Plan,
Exempt." The procedures for filing an application for site plan approval
shall be adopted by the Planning Board and Board of Adjustment. Except
for variance applications under N.J.S.A. 40:55D-70d, which shall be
acted upon by the Board of Adjustment, the Planning Board shall be
the approving authority for site plans.
Approval is required for all subdivisions
by the approving authority following the rules and regulations for
preliminary and final plat approval adopted by the Planning Board
and Board of Adjustment.
[Added 12-20-2022 by Ord. No. 2627-22]
417.1.
Establishment. A Development Review Committee shall be established
to review all site plan and major subdivision applications for development
or requests for review presented to the Planning Board or the Board
of Adjustment.
417.2.
Membership.
a.
The Development Review Committee shall consist of the following members.
1.
The Township Planner; should the Township retain a separate
Board Planner for the Land Use Boards, the Board Planner shall also
participate as a member. The Township Planner shall serve as the Chair
of the Development Review Committee.
2.
The Township Engineer; should the Township retain a separate
Board Engineer for the Land Use Boards, the Board Engineer shall also
participate as a member.
3.
A representative from the Police Department.
4.
Fire Official.
5.
Zoning Officer.
6.
Construction Code Official.
7.
Any other staff or Board consultants may provide advice as required
to the Development Review Committee, as determined by the members
of the Development Review Committee. When an application includes
a property or properties within the Millburn Township Special Improvement
District, a representative from the District Management Corporation
may provide advice to the Development Review Committee.
417.3.
Responsibilities.
a.
Make determinations as to compliance with the Township's zoning
requirements, development regulations and design standards.
b.
Make recommendations on the design and technical elements of any
application pursuant to Articles 5 and 6 of the Development Regulations
and Zoning Ordinance.
c.
Advise the applicant on any required application referrals to other
advisory groups, including the following:
1.
Environmental Commission, pursuant to N.J.S.A. 40:55D-27b.
2.
Historic Preservation Commission, pursuant to DRZ Section 806.
d.
Solicit additional input from any municipal entity deemed appropriate.
417.4.
Review of Applications for Development.
a.
Upon submission of an application, and prior to a completeness determination,
an application site plan or major subdivision approval shall be referred
to the Development Review Committee for technical review. The applicant
shall be advised of the scheduled meeting date and time and may attend,
along with its designated professionals. All corporate entities, other
than sole proprietors, shall be represented by legal counsel.
b.
The Development Review Committee shall complete their review in accordance
with their responsibilities outlined in Section 417.3.
c.
Within 14 days of review of the application by the Development Review
Committee, the Township Planner shall prepare a report on behalf of
the DRC and transmit said report to the Planning Board or Board of
Adjustment, which shall include a summary of the discussion and any
findings and/or recommendations discussed with the applicant.
[1]
Editor's Note: Former Section DRZ-417 was designated as a
reserved section by Ord. No. 2262-05.
If any section, paragraph, clause,
or other provision of this ordinance shall be adjudged by the courts
to be invalid, such adjudication shall apply only to such section,
paragraph, clause, or provision, and the remainder of this ordinance
shall be deemed valid and effective.
[Ord. No. 22-95, 2269-06 § 1]
419.1.
a.
When any building or structure is erected,
altered, converted, or maintained, or any building, structure, or
land is used in violation of this ordinance or in violation of any
condition of a variance or other development approval issued by a
Township Agency, the Township or an interested party, in addition
to other remedies, may institute appropriate action to prevent such
unlawful erection, alteration, conversion, maintenance, or use; to
restrain, correct, or abate such violation; to prevent the occupancy
of said building, structure, or land; and to prevent any illegal act,
conduct, business, or use in or about such premises.
b.
Penalty for Violations.
1.
For the violation of any provision
of this ordinance, or any other ordinance of the Township of Millburn
unless a specific penalty is otherwise provided in connection with
the provision violated, the maximum penalty upon conviction of the
violation shall be one or more of the following: a fine not exceeding
$2,000; imprisonment in the County Jail for a period not exceeding
90 days; or to a period of community service not exceeding 90 days,
at the discretion of the Municipal Court Judge. (N.J.S.A. 40:49-5).
2.
Prior to imposing a fine in an amount
greater than $1,250 upon an owner for violations of the Housing or
Zoning Code provisions of these Revised General Ordinances the owner
shall be allowed a thirty-day period to cure or abate the condition
and shall also be afforded an opportunity for a hearing before a Court
of competent jurisdiction for an independent determination concerning
the violation. Subsequent to the expiration of the thirty-day period
a fine greater than $1,250 may be imposed if a Court has not determined
otherwise or, upon reinspection of the property it is determined that
the abatement has not been substantially completed.
3.
Whenever any provision of the New
Jersey Statutes Annotated limits the authority of the Township to
punish the violation of any particular provision of this ordinance,
rule, regulation or order promulgated pursuant thereto to a fine of
less amount than that provided in this section or imprisonment for
a shorter term than that provided in this section, then the violation
of such particular provision of this ordinance, rule, regulation or
order shall be punished by the imposition of not more than the maximum
fine or imprisonment so authorized or by both such fine or imprisonment.
4.
Whenever any fine is imposed upon
any corporation, such fine and any costs and charges incident thereto
may be collected in an action of debt or such other manner as may
be provided by law.
419.2.
If, before final subdivision approval
has been granted, any person as owner or agent transfers or sells,
or agrees to transfer or sell, except pursuant to an agreement expressly
conditioned on final subdivision approval, any land which forms a
part of a subdivision for which municipal approval is required, such
persons shall be subject to a penalty not to exceed $1,000, and each
lot disposition so made shall be deemed a separate violation.
419.4.
In any such action, the transferee,
purchaser, or grantee shall be entitled to a lien upon the portion
of the land from which the subdivision was made that remains in the
possession of the developer or his assigns or successors, to secure
the return of any deposits made or purchase price paid, and also,
a reasonable search fee, survey expense, and title expense, if any.
Any such action must be brought within two years after the date of
the recording of the instrument of transfer, sale, or conveyance of
said land, or within six years, if unrecorded.
[Ord. No. 9-87, 2191-01]
Zoning permits shall be secured from
the Zoning Officer at the time of the issuance of a building permit
for the construction, erection, or alteration of any structure or
a demolition permit for the demolition of a principal building on
a lot. For single-family and two-family dwellings, the building permit
shall be considered to be the zoning permit. For cases involving a
change in occupant or use of an existing structure, no certificate
of occupancy for the new user shall be issued until a zoning permit
has been issued. Prior to issuing a zoning permit, the Zoning Officer
shall ascertain that all conditions and prerequisites of this ordinance
have been met. Zoning permits shall expire one year after the date
of issuance if the use or substantial construction has not been commenced.
[Ord. No. 29-92]
Every application for development
submitted to the Planning Board or Zoning Board of Adjustment shall
be accompanied by proof that no taxes or assessments for local improvements
are due or delinquent on the property which is the subject of such
application.
[Ord. No. 2175-00, 2241-04]
Any approval permitting the construction
or alteration of any structure or permitting a specified use of any
premises shall expire 365 days after the date of publication of the
final decision unless a building permit has been applied for or unless
such permitted use has actually been commenced or the Board which
granted the approval has extended the time upon the application and
for good cause shown, provided that such period of limitation shall
be toiled as provided in N.J.S.A. 40:55D-21 or in the event of an
appeal of the variance until the final determination of the appeal.
[Ord. No. 2435-14]
The Township Construction Official
shall not issue a demolition permit for the principal building on
a lot until:
b.
A zoning permit for any proposed new construction
or use is issued under Section 420 of this ordinance; and
[Ord. No. 2191-01]
c.
Existing topographic information has been
submitted identifying all steep slope areas as defined in Section
608. Topographic information shall be plotted at two-foot contour
intervals and may only be supplied by a licensed land surveyor registered
in the State of New Jersey.
[Ord. No. 2333-09]
Notice shall be given in the manner
provided in N.J.S.A. 40:55D-12 for all applications requiring site
plan approval and minor subdivisions as well as all others requiring
notice pursuant to the Municipal Land Use Law and shall also be required
for appeals from determinations of administrative officers pursuant
to N.J.S.A. 40:55D-70(a), requests to the Zoning Board of Adjustment
for interpretation of the zoning map or ordinance pursuant to N.J.S.A.
40:55D-70(b) and applications to the Zoning Board of Adjustment pursuant
to N.J.S.A. 40:55D-68 for the issuance of a certificate certifying
that a use or structure existed before the adoption of the ordinance
which rendered the use or structure nonconforming.
[Ord. No. 2467-16]
The following checklists are hereby
adopted for inclusion in the Township of Millburn Development Regulations
and Zoning Ordinance and shall appear in the attachments to this chapter:
