Any applicant wishing to develop land within the Borough of
Mount Arlington shall apply for and obtain the approval of the Planning
Board in accordance with the following procedure. The applicant shall
obtain all necessary forms from the Clerk of the Planning Board who
shall inform the applicant of the steps to be taken to initiate applications
and of the regular meeting date of the Board. The applicant or his
attorney shall appear at all regular meetings of the Planning Board
whenever the application is being considered. Failure to appear shall
give the Planning Board the right to postpone action on the application
for that particular meeting if the applicant's or his attorney's absence
deprives the Planning Board of necessary information.
[Ord. No. 08-08 § 4]
a.
A subdivision and site plan application shall be complete for purposes
of commencing the applicable time period for action by the Planning
Board when so certified by the Planning Board or its authorized committee
or designee. In the event that the Board, committee, 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 unless (1) the application lacks information indicated
on the checklist of items to be submitted as specified and provided
in writing to the applicant, and (2) the Planning Board or its authorized
committee or designee has notified the applicant, in writing of the
deficiencies in the application within 45 days of submission of the
application. The applicant may request that one or more of the submission
requirements be waived, in which event the Board or its authorized
committee shall grant or deny the request within 45 days of the date
of its submission. Nothing herein shall be construed as diminishing
the applicant's obligation to prove in the application process that
the applicant is entitled to approval of the application. The Planning
Board may subsequently require correction of any information found
to be in error and submission of additional information not specified
in the ordinance or any revisions in the accompanying documents, as
are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the Planning Board.
b.
Any applicant may appeal the decision concerning completeness of
an application to the Planning Board. The Board shall have 45 days
after receipt of a written request to schedule a public hearing at
which time the Board will determine if the application is complete.
The Board shall affirm, modify, or reverse the decision concerning
completeness.
[1]
Editor's Note: For Application Checklists, see Article V; they are also included as attachments to this chapter.
[Classification of Subdivision deleted by Ord. No. 12-2015]
[Ord. No. 08-08 § 5,
Amended by Ord. No. 12-2015]
After the application has been deemed complete pursuant to § 17-6.2 above, the applicant shall submit 16 copies of the application, plans, and exhibits, and any other additional supporting documentation that applicant wishes to rely upon, to the Planning Board Secretary, who shall distribute same to the Planning Board and its professional staff.
[Ord. No. 08-08 § 6]
The applicant shall not be required to provide notice of a minor
subdivision application, provided the applicant does not require variances
or other relief pursuant to N.J.S.A. 40:55D-70(c) or (d).
[Ord. No. 08-08 § 7]
The Planning Board shall approve, conditionally approve, or
deny the minor subdivision within 45 days of submission of a complete
application or within such further time as agreed 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
Administrative Officer 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 purpose of filing subdivision plats.
Whenever review or approval of the application by the County
Planning Board is required by N.J.S.A. 40:27-6.3, the Planning Board
shall condition any approval that it grants upon timely receipt of
a favorable report on the application by the County Planning Board
or approval by the County Planning Board by its failure to report
thereon within the required time period.
Approval of a minor subdivision shall expire 190 days from the
date of municipal approval unless within such period a plat in conformity
with such approval and N.J.S.A. 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. In reviewing the application for development for a proposed
minor subdivision, the Planning Board may be permitted by ordinance
to accept a plat not in conformity with N.J.S.A. 46:23-9.9 et seq.;
provided that if the developer chooses to file the minor subdivision
as provided herein by plat rather than deed such plat shall conform
with the provisions of the Map Filing Law.[1]
[1]
Editor's Note: The Map Filing Law was repealed. See New Jersey
Statistics Title 46. Chapter 26A, 26B and 26C.
Any lands, lots or parcels resulting from a minor subdivision
may not be resubmitted as a minor subdivision for a 36 month period
from the date of initial approval as a minor subdivision, except if
both subdivisions taken together would have constituted a minor subdivision.
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 two years after the
date of minor subdivision approval; provided that the approved minor
subdivision shall have been duly recorded as provided in this section.
After the approval of a minor subdivision, copies of the plat
shall be distributed to the following:
[Ord. No. 00-14 § 17]
As a condition of final Planning Board subdivision approval,
an applicant shall be required to pay a tax map revision fee of $100
per lot, which fee shall be paid prior to the recording of a deed
or plat perfecting the subdivision approval.
[Ord. No. 08-08 § 8]
[Ord. No. 08-08 § 9]
[Ord. No. 08-08 § 10]
At the time of the consideration of the plat, the Planning Board shall, after a review of said plat and if said application is complete and ready for public hearing, set the date for the public hearing and shall notify the applicant of such date. The applicant shall follow the procedures established in Article III, § 17-5.10 with respect to notice of hearing.
If the Planning Board requires any substantial amendment in
the layout of improvements proposed by the developer that have been
the subject of a hearing, an amended application shall be submitted
and proceeded upon, as in the case of the original application for
development. The Planning Board shall, if the proposed subdivision
complies with this Chapter, grant preliminary approval to the subdivision.
Upon the submission to the Planning Board of a complete application
for a subdivision of 10 or fewer lots, the Planning Board shall grant
or deny preliminary approval within 45 days of the date of such submission
or within such further time as may be consented to by the developer.
Upon the submission of a complete application for a subdivision of
more than 10 lots, the Planning Board shall grant or deny preliminary
approval within 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.
If either the Planning Board or County Planning Board disapproves
a plat, the reasons for disapproval shall be returned with the plat.
The reasons for disapproval shall be remedied prior to further consideration.
If the Planning Board approves a plat conditioned upon County Planning
Board approval, or that of any other governmental agency, and in meeting
any conditions of County Planning Board or other governmental agency
approval a substantial change is required in the design, access, circulation,
drainage or improvements, the revised plat shall be resubmitted to
the Borough Planning Board for reapproval.
a.
Before the Planning Board shall give preliminary approval to any
plat wherein there is a proposed extension of any sanitary sewer system
or the Planning Board requires an extension of a sanitary sewer system,
the Planning Board shall first require the approval of the Borough
Council of the Borough of Mount Arlington in writing, for said sewer
extension.
b.
If approval is required by any other officer or public body, the
same procedure as applies to submission and approval by the County
Planning Board shall apply.
The Planning Board shall approve, conditionally approve or reject
the application. Approval or conditional approval confers upon the
applicant the following rights for a three year period from the date
of approval or conditional approval.
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; except that
nothing herein shall be construed to prevent the Borough from modifying
by ordinance such general terms and conditions of preliminary approval
as relate to public health and safety.
b.
That the applicant may be submit for final approval on or before
the expiration date of preliminary approval the whole or a section
or sections of the preliminary subdivision plat.
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 year but not to exceed a total extension of two 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 50 acres
or more, the Planning Board may grant the rights referred to in paragraphs
a, b and c above for such period of time, longer than three years,
as shall be determined by the Planning Board to be reasonable taking
into consideration:
(2)
Additional Extension of Approval. The applicant may apply for thereafter,
and the Planning Board may thereafter grant an extension to preliminary
approval for such additional period of time as shall be determined
by the Planning Board to be reasonable taking into consideration:
(a)
The number of dwelling units and nonresidential floor area permissible
under preliminary approval.
(b)
The potential number of dwelling units and nonresidential floor
area of the section or sections awaiting final approval.
(c)
Economic conditions.
(d)
The comprehensiveness of the development; provided that if the
design standard have been revised, such revised standards may govern.
If the Planning Board favorably acts on a preliminary plat,
the Chairman and the Secretary of the Planning Board shall affix their
signatures to the plat with a notation that it has received preliminary
approval and shall return same to the applicant for compliance with
final approval requirements. Where conditional approval is granted,
the Chairman and the Secretary of the Planning Board shall not affix
their signatures to the plat until all conditions required for approval
have been complied with.
[Ord. No. 08-08 § 11]
Applicants seeking final major subdivision approval are not
required to provide notice of public hearing.
[Ord. No. 08-08 § 12]
[Ord. No. 08-08 § 13]
The Planning Board shall act within 45 days of submission of
a complete application of the plat at a regular meeting or within
such further time as may be mutually agreed upon. If the Planning
Board approves the final plat, a notation to that effect shall be
made on each plat and signed by the Chairman and Secretary of the
Planning Board. Failure of the Planning Board to act within the allotted
time or mutually agreed upon extension shall be deemed to be a favorable
approval, and the Administrative Officer shall issue a certificate
to that effect.
Any plat which requires County Planning Board or other governmental
agency approval, the Planning Board shall condition its approval upon
approval by the County Planning Board or such other agency. If the
Planning Board approves a plat conditional upon County Planning Board
approval or that of any other governmental agency, and in meeting
any conditions of County Planning Board or other governmental agency
approval a substantial change is required in the design, access, circulation,
drainage or improvements, the revised plat shall be submitted to the
Borough Planning Board for reapproval.
a.
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.
b.
No subdivision plat shall be accepted for filing by the County Recording
Officer until it has been approved by the Planning Board as indicated
on the instrument by the signature of the Chairman and Secretary of
the Planning Board. The signatures of the Chairman and Secretary of
the Planning Board shall not be affixed until the developer has posted
the guarantees required by this Chapter. If the County records any
plat without such approval, such recording shall be deemed null and
void, and upon request of the municipality, the plat shall be expunged
from the official records.
c.
It shall be the duty of the County Recording Officer to notify the
Planning Board in writing within seven days of the filing of any plat,
identifying such instrument by its title, date of filing, and official
number.
At such times as all utilities and public improvements have
been installed and constructed, reproducible as-built plans for such
utilities and public improvements shall be filed with the Planning
Board Engineer.
a.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval; provided that in the case of major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the required time period. If the developer has followed the standards prescribed for in final approval and has duly recorded the plat with the County Recording Officer, the Planning Board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this Chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 17-8.8 of this Article.
b.
In the case of a subdivision or site plan for a planned unit development
or planned residential development or residential cluster of 50 acres
or more or conventional subdivision for 150 acres or more, the Planning
Board may grant the rights referred to in paragraph a of this section
for such period of time, longer than two years, as shall be determined
by the Planning Board to be reasonable taking into consideration:
[Ord. No. 00-14 § 2]
As a condition of final subdivision approval, an applicant shall
be required to pay a tax map revision fee of $100.00 per lot, which
fee shall be paid prior to the recording of a plat perfecting the
subdivision.
The procedures and regulations relating to site plans are deemed
necessary to achieve the following objectives:
a.
To provide a review and coordination procedure which clearly defines
the role of public and private interests, as well as standards to
be enforced.
b.
To enhance and improve the man-made and natural environment through
the retention of open spaces, woodlands, waterways, wetlands, trees
and other natural vegetative cover, and to prevent erosion, flooding,
silting and removal or displacement of land.
c.
To encourage innovative and attractive techniques in design, technology
and administration.
[Ord. No. 10-11 § 5]
a.
Except as provided herein, no building permit shall be issued for
a building or structure, or any enlargement, alteration, construction
or renovation of a building or structure, unless a site plan is first
submitted and approved by the Planning Board of the Borough of Mount
Arlington.
b.
No certificate of occupancy shall be issued unless all construction
and conditions conform to a site plan approved by the Planning Board.
c.
A site plan shall be submitted for every change of occupancy or use
except where the site has previously been granted site plan approval
and the proposed activity is of equal or less intensity as the approved
occupancy or use. An applicant seeking such an exemption shall submit
a zoning permit application to the Borough Zoning Officer who shall
determine compliance of the new occupancy or use with the approved
site plan.
[Ord. No. 08-08 § 14]
a.
Site plan review shall not be required for single-family and two-family
detached dwelling and additions thereto when used solely for residential
purposes or for such accessory uses as a private garage, toolhouse,
gardens and private greenhouses, swimming pools, tennis courts, and
other similar uses incidental to a single-family or two-family detached
dwelling and are proposed to be conforming with the requirements set
forth on Schedule 1.
At the time of the consideration of the site plan, the Planning Board shall, after a review of said site plan and if said application is complete and ready for public hearing, set the date for the public hearing and shall notify the applicant of such date. The applicant shall follow the procedures established in Article III, § 17-5.10 with respect to notice of hearing.
a.
In addition to referral of site plans to other agencies required
by law to review site plans, the Planning Board may refer site plans
to any other federal, state, county, local, private or quasi-public
agencies for their recommendations within their particular fields
of expertise.
b.
An application for review and approval of site plans requiring the
approval of the Morris County Planning Board shall comply in all respects
with the Morris County Planning Board standards, specifications and
procedures.
[Ord. No. 08-08 § 15]
a.
The Planning Board shall review the application at a public meeting
after all reports have been submitted.
b.
At a public meeting of the Planning Board and within 45 days of submission
of a complete application for a site plan of 10 acres or less or 95
days for a site plan of more than 10 acres, or within a mutually agreed
upon time extension, the Planning Board shall approve, conditionally
approve or disapprove the site plan.
c.
The reasons for disapproval or the requirements of any conditional
approval shall be set forth in the written minutes of the Planning
Board, and the applicant shall be notified in writing within 10 days
of said action. A notice of this decision shall be advertised as provided
in this Chapter.
d.
If the Planning Board required any substantial amendment in the layout
or improvements proposed by the developer that have been the subject
of a hearing, an amended application for development shall be submitted
and proceeded upon, as in the case of the original application for
development. If, by motion of the Planning Board, a change or changes
are considered minor in nature, approval may be given subject to the
submission of an amended site plan indicating the changes.
e.
Amended Site Plan Applications. Amended site plan applications shall
be filed with the Planning Board no less than 10 working days before
the meeting at which such application will be heard.
a.
All proposed improvements or development indicated on the approved
site plan map shall meet the requirements of all applicable codes,
ordinances and specifications of the Borough, county, state or federal
governments and other agencies with jurisdiction over matters pertaining
to site development.
b.
The Borough Engineer may authorize minor variations in the site plan
caused by field conditions and shall notify the Planning Board of
such variations.
The site plan, as approved by the Planning Board, shall be binding upon the applicant. Any changes from the approved plan shall require resubmission and reapproval by the Planning Board except as provided in § 17-10.7d hereof. Site plan approval shall remain in effect for a period of three years from the date of approval. The Planning Board, upon request from the applicant, may, for good and sufficient reason, extend this time period in accordance with the Municipal Land Use Law. In the event a particular facility is to be constructed in stages, a site plan for each particular stage shall be required for the issuance of each building permit.
In the event of a failure to comply with any condition of site
plan approval, the Construction Official, on his own initiative, may
revoke the construction permit or certificate of occupancy, as the
case may be, and seek to enjoin the violation, or take such other
steps as permitted by law.
The applicant shall be entitled to all the rights set forth
in the Municipal Land Use Law.
The applicant shall be entitled to all the rights set forth
in the Municipal Land Use Law.
a.
The Planning Board may require the installation or construction of necessary on-site and/or off-tract improvements. In the event improvements are required, the procedures, standards, inspection fees, performance guarantees and maintenance guarantees shall be governed by Articles III, VI, VII, and VIII.
b.
In the event site plan approval is conditioned upon improvements,
the applicant may apply for conditional final approval and post the
necessary bonds or install the improvements prior to the granting
of final approval. No certificate of occupancy shall be issued until
final site plan approval is granted.
c.
The Planning Board may require for final site plan approval an as-built
plan.
No application shall be granted final approval by the Board until the completion of all required improvements has been certified in writing to the Board by the Borough Engineer, unless the applicant shall have filed with the Borough a performance guaranty for those items which may be bonded as set forth in § 17-12.2. The performance guaranty shall be sufficient to cover all the costs of such improvements or incomplete portions thereof as estimated by the Borough Engineer and assuring the installation of such incomplete improvements on or before an agreed date in accordance with the time set forth in § 17-12.3 below. An additional amount of 20% of the estimate of the Engineer shall be included in the total amount of the performance guaranty to cover legal, engineering, and other costs in the event that the applicant shall fail to complete the required improvements and the Borough is required to install the improvements.
At least 10% of the performance guaranty shall be in cash deposited
with the Borough. Such cash shall be deposited to the credit of the
Borough and may be usable at any time in the event of nonperformance
by the applicant. Any interest earned by the Borough on said cash
deposit shall inure to the benefit of the applicant. The remaining
portion of the performance guaranty shall be issued by a bonding or
surety company or other acceptable financial guarantee authorized
to do business in the State of New Jersey as approved by the Borough
Attorney or other acceptable financial guaranty.
Performance guaranties shall run for a term not to exceed 24
months. Performance guaranties, with the consent of the principal
and surety, if there is a surety, may be extended by the Governing
Body by resolution.
If the required improvements have not been installed in accordance with the standards and specifications of the Borough within the time limit or extension thereof as described in § 17-12.3 above and in the requirements of the performance guaranties, the obligor and surety shall then be liable to the Borough for all reasonable costs of the improvements not installed. Upon receipt of the proceeds, the Borough shall install such improvements and/or may use such portions of said performance guaranties as have been deposited in cash with the Borough Clerk to assure the completion of said improvements in accordance with the terms of this Article and any applicable agreement.
a.
Before accepting a performance guaranty, the Governing Body shall
have the following:
(1)
A letter from the Borough Engineer stating that the proposed
guaranty covers all the items required by the Board, with a list of
the items and costs. The letter should also state that the plans and
specifications meet all applicable Borough ordinances.
(2)
A letter from the Borough Attorney approving the performance
guaranty as to form and amount.
b.
After approval and acceptance of the performance guaranty by the
governing body, a letter stating that the fact shall be sent to the
Board before the Board shall sign the final plats for filing with
the County.
The procedures established in N.J.S.A. 40:55D-53 shall govern
the release of performance guaranties. Before the Governing Body releases
any guaranties or portions thereof, the following items shall be submitted
to the Governing Body:
a.
Items for Submission.
(1)
As-built plans and profiles of all utilities and roads with
a certification by the applicant's engineer as to the actual location
and construction.
(2)
A statement or affidavit from the developer that there are no
liens or other legal encumbrances on any of the improvements or utilities
proposed to be deeded to the Borough.
(3)
A statement from the Borough Engineer that all utilities and
improvements required by the Board have been installed and completed
in accordance with applicable Borough ordinances.
(5)
Deeds, free, and clear of an encumbrances, for all streets,
public easements, drainage and conservation easements, other lands
dedicated to public use and any improvements to be dedicated or deeded
to the Borough or other public agency.
All improvements required by the Board shall, before being accepted by the Borough, be covered by a maintenance guaranty running in favor of the Borough of Mount Arlington in the amount of 15% of the estimated cost of the improvements as estimated by the Borough Engineer. Said maintenance guaranty shall run for a period of two years and provide for the proper repair and/or replacement of any such improvements during said period. The two-year period shall be from the date of the acceptance of the improvements by the Borough, and no performance guaranty shall be released by the Borough until such time as the maintenance guaranty herein required has been posted with the Borough. The maintenance guaranty shall comply with provisions under § 17-12.
a.
The Governing Body shall not accept any road or other improvements
into the municipal road system or for municipal ownership until the
maintenance guaranty has been posted and all deficiencies are corrected
or repaired. The Borough may, however undertake to remove snow and
perform other municipal services as may be required on the roads prior
to final acceptance if the applicant presents a written request to
the Governing Body and agrees in said request to hold the Borough
harmless for any damages to the roads or public improvements caused
by snow removal or other municipal activities.
b.
The Governing Body need to accept any roads or other improvements
if the roads or other improvements will be used by the developer to
complete other portions of the development.
a.
No building/construction permit shall be issued until a plat or site
plan has received final approval and if a subdivision, has been duly
filed in the County Clerk's office.
b.
In the event that the applicant proposes to install improvements
prior to final subdivision or site plan approval, building/construction
permits may be issued only after installation, inspection, and approval
by the Borough Engineer of all:
No certificate of occupancy shall be issued for any building
or structure until all improvements as shown on the approved plans
shall have been installed by the developer and approved by the Borough
Engineer and a certificate of compliance from the Soil Conservation
Service has been issued, except that a certificate of occupancy may
be issued if the following conditions are met:
a.
The Borough Engineer shall certify in writing to the Construction
Official that all required utility improvements, curbs and/or gutters
and the intermediate course of the road have been installed, inspected
and approved, and that the best interests of the Borough require a
delay for engineering reasons before the developer completes the other
improvements. The developer shall post a cash bond in the amount approved
by the Borough Engineer for that portion of the improvements yet to
be completed and for maintenance of those completed in the particular
section for which certificates of occupancy have been requested.
b.
The developer shall notify each homeowner that he has deposited funds
with the Borough to guarantee the completion and maintenance of the
required improvements, and a copy thereof, together with proof of
service, shall be filed with the Construction Official. The maintenance
guaranty shall remain in effect for two years from the date of approval
of the improvement by the Borough Engineer.
c.
Prior to the issuance of a certificate of occupancy for a lot or
site awaiting landscaping, the developer shall have graded the land
or lot to which the certificate of occupancy applies in a manner approved
by the Borough Engineer to ensure proper drainage and to have installed
appropriate measures to prevent soil erosion and sedimentation.
d.
In the event that a certificate of occupancy is requested for a subdivision
or site plan on which improvements which will not be turned over to
the Borough remain to be completed or installed, the Borough may require
a cash bond be posted to assure the completion or installation of
said private improvements.
a.
Upon the issuance of a certificate of occupancy for any building
or structure on any new dedicated street or roadway which is open
to the public or to which the public is invited, in a subdivision
or development which is the subject of an application for development
within the Borough of Mount Arlington, and prior to the acceptance
of such dedication by the Borough, the developer shall be required
to keep and maintain said streets or roadways free and clear of snow
and ice, within six hours of daylight after the same shall have fallen
or be formed thereon, and the same shall be open to public use and
shall permit access to police, fire fighting, and emergency vehicles
in accordance herewith.
b.
If the developer fails to keep and maintain said streets and roadways
free and clear of snow and ice as set forth herein, the Borough may,
at its own option and without creating any obligation to accept any
dedication of any such streets or roadways, proceed to clear such
streets or roadways of snow and ice by plowing, shoveling, salting,
sanding, or otherwise.
c.
The costs incurred thereby shall be certified to the Mayor and Council
of the Borough of Mount Arlington by the Public Works Department,
which certification shall be presented to and reviewed by the Mayor
and Council. Such costs shall be computed so as to defray and meet
the expenses incurred by the Borough in connection herewith, including,
but not limited to, the costs of labor, materials expended and the
costs to repair any and all injury or damage done to the roadway or
occurring to same during such snow and ice removal operations, or
caused thereby. Such costs shall be charged to and paid by the developer
to the Borough, in the amount so certified within 10 days of the receipt
of a bill for the same.
d.
Upon a determination of the Mayor and Council that the amount is
correct, the same shall be charged against such real property and
the amount so charged shall, thereupon, become a lien and a tax upon
such real property, and shall be added to and be a part of the taxes
next to be levied and assessed thereon, and enforced and collected
with interest by the same officers and in the same manner as other
taxes. The imposition and collection of such charges in a civil action
in the courts of the State of New Jersey, and the imposition and collection
of a fine or fines or other penalties in said courts or in the Municipal
Court of the Borough of Mount Arlington to collect the costs, as certified,
for the removal of snow and ice in the manner herein prescribed.
e.
The Borough of Mount Arlington shall have no liability or responsibility
whatsoever for any damage that may be done to catch basins, manholes,
curbs, gutters, driveways, or other improvements, or to said streets
or roadways, which damage nay occur during said snow and ice removal,
and the subdivision owner shall indemnify and hold the Borough harmless
with respect thereto.
Any subdivision requiring off-site or off-tract improvements,
as defined herein, shall comply with the provisions of this section.
a.
An off-site or off-tract improvement shall be required where either
the existing facilities serving the geographic service area of a specific
improvement are already operating at a deficient level of service,
or the inclusion of a new development will make such present level
of service deficient according to engineering standards utilized in
determining such levels of service.
b.
The proportionate contribution of any such off-site or off-tract
improvement to the applicant shall be reasonably related to the relative
benefit or use of the total area so served.
c.
Under the conditions of this Chapter, off-site or off-tract improvements
shall be limited to new or improved water distribution, sanitary sewage
disposal distribution and stormwater and drainage distribution facilities
and all necessary appurtenances thereto; and to new or improved street
and right-of-way widths, traffic regulation and control devices, intersection
improvements, utility relocation where not provided elsewhere and
other traffic, circulation and safety factors which are directly related
to the property or properties in question.
a.
Each subdivision requiring Planning Board approval shall be subject
to a determination by the Board of the following:
(1)
That certain off-site or off-tract improvements are necessary
to implement such subdivision.
(2)
In such instances where off-site or off-tract improvements are
required, the terms and conditions which shall be imposed upon the
applicant to ensure the successful and reasonable implementation of
same.
b.
The Planning Board, in its deliberation as to whether off-site or
off-tract improvements are required, shall be guided by the rules
and regulations of this Chapter, the Official Map, the Borough Master
Plan and the County Master Plan. The Planning Board may also be guided
by counsel from the Planning Board Attorney, Engineer, planning consultant
and other qualified experts and municipal officials relative to the
subject matter.
c.
In the event that the Planning Board determines that one or more
improvements constitute an off-site or off-tract improvement, the
Planning Board, by resolution, shall notify the Borough Council of
same, specifying the Board's recommendation relative to the estimated
cost of same, the applicant's pro rata share of the cost and possible
methods of means of implementing the same, including but not limited
to performance and maintenance guarantees cash contributions, development
agreements and other forms of surety.
d.
The Planning Board shall not grant final approval on a subdivision
until all aspects of such conditions have been mutually agreed to
by both the applicant and the Borough Council of the Borough and a
written resolution to that effect by the Borough Council has been
transmitted to the Planning Board.
a.
Performance and Maintenance Guarantees. Where a performance or maintenance
guarantee or other surety is required in connection with an off-site
or off-tract improvement, the applicant shall be required to follow
the same procedure and requirements as specified for on-site improvements.
b.
Development Agreement. Where a development agreement is required,
governing off-site or off-tract improvements or other conditions as
may be required by this Chapter or by the Planning Board, said agreement
shall be approved as to form, sufficiency and execution by the Borough
Council. Said agreement may specify the amount of any cash contributions,
if any, the method of payment of same, the relative timing of such
payment and the obligation or obligations to be undertaken by the
Borough Council.
c.
Cash Contributions, When Not Required. Cash contributions for off-site
or off-tract improvements shall not be required under the following
terms or conditions:
(1)
Where other county or state agencies have jurisdiction over
the subject improvement and require a cash contribution, guarantee
or other surety of the applicant in lieu of such conditions imposed
by the Borough Council, or
(2)
Where a benefit assessment or other similar tax levy is imposed
upon the applicant for the off-site or off-tract improvements provided,
or
(3)
Where the applicant, where legally permissible can undertake
the improvements in lieu of the municipality, subject to standards
and other conditions as may be imposed by the Borough Council.
d.
Cash Contributions, Method of Payment.
(1)
Where a cash contribution is required by this Chapter, said
contribution will be deposited with the Treasurer of the Borough of
Mount Arlington with a copy of the applicant's transmittal letter
forwarded to the Borough Council, the Borough Engineer and the Planning
Board.
(2)
Any and all monies received by the Treasurer shall be deposited in an escrow account for the purpose of undertaking the improvements specified. Where such improvements are not undertaken or initiated for a period of 10 years, the funds shall be returned to the applicant, provided that the conditions specified in § 17-5.8e hereof have not been imposed. Where such condition does exist, funds held in escrow will be returned as soon as practicable to the applicant.
Where an off-site or off-tract improvement is required, the
following criteria shall be utilized in determining the proportionate
share of such improvement to the applicant:
a.
Street widening, alignment, corrections, channelization of intersections,
construction of barriers, new or improved traffic signalization, signs,
curbs, sidewalks, trees, utility improvements not covered elsewhere,
the construction of new streets and other similar street or traffic
improvements. The applicant's proportionate cost shall be in the ratio
of the estimated peak-hour traffic generated by the proposed property
or properties to the sum of the present deficiency in peak-hour traffic
capacity to the present facility and the estimated peak-hour traffic
generated by the proposed development. The ratio thus calculated shall
be increased by 20% for contingencies.
b.
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 applicant's proportionate cost shall be in the ratio
of the estimated daily use of water from the property or properties
in gallons to the sum of the deficiency in gallons per day for the
existing system of subsystem and the estimated daily use of water
for the proposed development. The ratio thus calculated shall be increased
by 20% for contingencies.
c.
Sanitary sewage distribution facilities, including the installation,
relocation or replacement of collector and interceptor sewers and
the installation, relocation or replacement of other appurtenances
associated therewith. The applicant's proportionate cost shall be
in the ratio of the estimated daily flow in gallons to the sum of
the present deficient capacity for the existing system or subsystem
and the estimated daily flow from the proposed project or development.
