Borough of West Cape May, NJ
Cape May County
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Table of Contents
Table of Contents
[Ord. No. 102-86 § 1]
This Chapter shall be known as the "Site Plan Ordinance of the Borough of West Cape May."
[Ord. No. 102-86 § 2; Ord. No. 431-09 § 1]
The purpose of this Chapter is to establish rules, regulations, standards and procedures for the approval of all development in order to:
a. 
Preserve existing natural resources and give proper consideration to the physical constraints of the land.
b. 
Provide for safe, direct and logical vehicular and pedestrian circulation.
c. 
Provide for appropriate screenings, landscaping, signing and lighting for each particular development.
d. 
Ensure logical, safe and aesthetic land development that enhances the function and character of the community.
e. 
Provide for compliance with appropriate design standards to ensure adequate light and air, context sensitive building arrangements and minimum adverse effect on surrounding property.
f. 
Develop proper safeguards to minimize the impact on the environment including but not limited to soil erosion and sedimentation and air and water pollution.
g. 
Ensure the provision of adequate water supply, drain-age and stormwater management, sanitary facilities, and other utilities and services.
[Ord. No. 102-86 § 3; Ord. No. 431-09 § 1]
No development where any zoning, occupancy or building permit is required for any new construction, enlargement, relocation, reconstruction, change in use or for any open parking area shall take place without first having a site plan for such development approved pursuant to this Chapter.
[Ord. No. 102-86 § 4; Ord. No. 431-09 § 1]
Site plan approval pursuant to this Chapter shall not be required for the following:
a. 
Detached single family dwellings and accessory uses or structures thereto that do not contain and are not within one hundred fifty (150') feet of wetlands.
b. 
Two-family dwelling structures and accessory uses or structures thereto that do not contain and are not within one hundred fifty (150') feet of wetlands.
c. 
Parking areas for three vehicles or less.
d. 
Any proposed development not involving a change in use and not affecting existing circulation, drainage, building arrangements, landscaping, buffering, lighting, and other such considerations of site plan review.
e. 
Any development which involves only normal maintenance or replacement such as a new roof, painting, siding or similar such activity.
[Ord. No. 102-86 § 5; Ord. No. 431-09 § 1]
The rules, regulations and standards set forth in this Chapter shall be considered the minimum requirements for the protection of the public health, safety and welfare. The Planning Board may, upon application, permit a reasonable waiver or waivers from any of the requirements of this Chapter when the applicant clearly demonstrates because of particular conditions or circumstances pertaining to the property, the literal compliance with all or a portion of the standards or requirements of this Chapter is impracticable and not necessary for proper review of the proposed development consistent with the intent and purpose of this Chapter.
[Ord. No. 102-86 § 6; Ord. No. 431-09 § 1]
All required site plans shall be reviewed in two stages: preliminary site plan approval and final site plan approval. Nothing herein shall be construed, however, as preventing the Planning Board from granting preliminary site plan approval and final site plan approval simultaneously.
[Ord. No. 102-86 § 7; Ord. No. 120-87 § 1; Ord. No. 195-92 § 1; Ord. No. 319-02 § 1; Ord. No. 431-09 § 1]
Any applicant seeking site plan approval pursuant to this Chapter shall complete and file 20 copies of the application forms and file same along with 20 copies of the site plan and all other required documents and fees with the Secretary of the Planning Board. The application forms, site plan and other documents shall then be reviewed by the Subdivision and Site Plan Review Committee of the Planning Board to determine if the entire application is complete. The Subdivision and Site Plan Review Committee of the Planning Board shall then review the entire application and notify the applicant of whether it is complete or not, in writing, within the time prescribed by law. In the event the Subdivision and Site Plan Review Committee determines the application to be incomplete, the written notice to the applicant shall specify the item or items which have been deemed incomplete. The applicant shall then address each of these items by way of a revised application, revised site plan or other writing after which the Subdivision and Site Plan Review Committee shall then again review the entire application and make a determination as to completeness.
Where an environmental impact assessment is required, the applicant shall provide such a submission in accordance with the requirements of this section and shall provide a copy to the Borough of West Cape May Environmental Commission. The environmental impact assessment shall be required to be prepared and submitted with the preliminary application, and the application may be deemed incomplete without it. In those cases where an impact statement is required by the New Jersey Department of Environmental Protection for a CAFRA permit, said environmental impact statement may be substituted for the report required herein. A copy of the same shall be submitted to the Planning Board for its review. Environmental impact assessments shall be certified by a licensed professional engineer.
[Ord. No. 102-86 § 8; Ord. No. 195-92 § 2; Ord. No. 431-09 § 1]
Once an application is deemed complete pursuant to subsection 24-3.5, the Planning Board Secretary shall so notify the applicant in writing, and designate the date, time and place of the hearing on the application by the Planning Board; which such date shall be not more than 45 days from the date this application is determined to be complete for an application concerning property of 10 acres or less or 10 dwelling units or less and 95 days in the case of an application for 10 acres or more or 10 dwelling units or more. The Secretary of the Planning Board shall also promptly transmit copies of the application, site plan and other materials submitted to the Planning Board Engineer and County Planning Board. The notice sent to the applicant by the Planning Board Secretary advising of the date, time and place of the hearing before the Planning Board shall be sent sufficiently in advance so the applicant can meet the statutory notice requirements where applicable.
[Ord. No. 102-86 § 9; Ord. No. 431-09 § 1]
An applicant for site plan approval involving a development of 10 acres or more or 10 or more dwelling units shall be required to give notice of the application to the public and surrounding property owners pursuant to N.J.S.A. 40:55D-12 as such may be amended from time to time.
[Ord. No. 102-86 § 10; Ord. No. 431-09 § 1]
Where a site plan must also be approved by the County Planning Board pursuant to law, any site plan approval granted by the West Cape May Planning Board shall be expressly subject to the applicant's obtaining such County Planning Board approval. In the event the applicant fails to obtain County Planning Board approval within one year of the date of any approval by the Planning Board or in the event County Planning Board approval is denied, then the approval granted by the Planning Board shall automatically become null and void.
[Ord. No. 102-86 § 11; Ord. No. 319-02 §§ 2,3; Ord. No. 431-09 § 1; Ord. No. 494-2015 § 3]
a. 
Objectives of Review. The preliminary plan shall be reviewed to determine the acceptability of the detailed design concept and shall be in sufficient detail to enable the Planning Board to ascertain compliance with standards of this Chapter.
b. 
Application. Twenty or more copies of the preliminary plan and 20 copies of the application in a form approved by the Planning Board and the requisite fees shall be delivered to the Administrative Secretary to the Planning Board.
c. 
Preliminary Plan Details. The preliminary site plan shall contain the following unless it is determined in a preliminary discussion with the Planning Board that any of these items are not necessary:
1. 
A preliminary plan at a scale of one (1") inch equals fifty (50') feet or larger scale, and any supplemental plans that are necessary to properly depict the project. In the case of a major subdivision, a scale other than one (1") inch equals fifty (50') feet may be submitted, provided that one copy of a photo-mechanical reproduction of the preliminary plan to a scale of one (1") inch equals fifty (50') feet or larger is also provided. All preliminary plans shall show at least the following information:
(a) 
Title and location of property.
(1) 
Name and address of the applicant and the record owner of the property.
(2) 
Name, address, professional license and seal of the architect, engineer, or site planner who prepared the site plan.
(3) 
Date of the plan and any revisions or modifications thereto.
(4) 
Locator map at a scale of one (1") inch equals two hundred (200') feet or larger scale, showing the lot and block number of the parcel in question and the lot and block numbers of adjacent and opposite properties. This map should also show any contiguous lot in which the applicant has any direct or indirect interest, and the nature of the applicant's interest.
(b) 
Photographs of the property to show any unusual topographic, environmental or physical aspect of the site. This would include but not be limited to rock outcroppings, vegetation, natural drainage-ways, wetlands, and existing structures and improvements.
(c) 
Survey map, prepared by a New Jersey licensed surveyor showing boundaries of the properties, lines of all existing streets and roads, easements, rights-of-way and areas dedicated to public use within two hundred (200') feet of the development. These shall be dimensioned and, where applicable, referenced as to directions. The map shall also show the distances measured along the right-of-way lines of existing streets abutting the property, to the nearest intersection with other streets.
The first floor elevation of all existing and proposed structures.
(d) 
Reference to any existing or proposed deed restrictions or exceptions concerning all or any portion of the parcel. A copy of such covenants, deed restrictions or exceptions shall be submitted with the application.
(e) 
The existing and proposed contours, referred to US Coast and Geodetic Survey Datum, at a contour interval of not less than two (2') feet. Existing contours are to be indicated by dashed lines, and proposed contours are to be indicated by solid lines. Location of existing rock outcroppings, high points, watercourses and drainageways, depressions, ponds, marshes, vegetation, wooded areas and other significant existing features, including previous flood elevations of watercourses, ponds and areas as determined by survey, are to be shown. Trees of three (3") inches or more in caliper measured three (3') feet above the base shall be specifically located and identified. Any proposed change of such natural features shall be specifically noted.
(f) 
The location, size, elevation, slope and type of storm drainage structures and other utility structures, above and below grade, whether publicly or privately owned. Design calculations supporting the adequacy of proposed drainage structures and/or surface drainage shall be submitted.
(g) 
The location of all existing buildings, bridges, culverts, paving, lighting, signs or any other structures with grade elevations for each structure.
(h) 
(Reserved)
(i) 
The proposed use or uses of the land, buildings and structures.
(j) 
The quantitative aspects of the proposal such as improvement coverage, number of units, square feet of construction, value of construction, density, coverage, number of employees, number of residents and area of land.
(k) 
The proposed buildings and structures and any existing structures to remain, with dimensions, setback, heights (in feet and stories), and first floor or grade elevations. Existing buildings and structures to be removed shall be indicated.
(l) 
The location and design of any off-street parking areas, service, trash or loading areas showing size and location of bays, aisles, barriers, planters, maneuvering areas, and traffic patterns.
(m) 
The means of vehicular access for ingress to and egress from the site, showing the proposed traffic channels, lands and any other structures or devices intended to control traffic.
(n) 
The location, design, and site of any on- or off-site pedestrian parks and bicycle pathways, open space, common open space, plazas and recreation areas or any other public use areas.
(o) 
The location and design of all proposed water structures and lines; stormwater drainage system, on-site and off-tract; telephone, power and light, water hydrant locations and gas lines, and sewer systems whether publicly or privately owned, with manholes, inlets, pipe sizes, grades, inverts and directions of flow.
(p) 
The location and design of the proposed screening, landscaping and planting, including a planting plan and schedule of plant materials. The site plan shall also include the location, and a description, of any trees on the site that are included in the Borough of West Cape May's Tree Registry.
[Ord. No. 494-2015 § 3]
(q) 
The location and design of all outdoor lighting (freestanding or on building), the size, nature of construction, lumens, heights, area and direction of illumination, footcandles produced as well as time controls proposed for outdoor lighting and display.
(r) 
The locations and design of all signs, the size, nature of construction, height and orientation, including all identification signs, traffic and directional signs and arrows, freestanding and facade signs and time controls for sign lighting.
(s) 
The location and size of all proposed easements, rights-of-way, public areas to be dedicated to the public or to be restricted or defined by deed or any other arrangement.
(t) 
Where applicable, the method by which any common or public open space or commonly held building or structure is to be owned and maintained.
(u) 
Where warranted, such other material deemed necessary by the Planning Board to evaluate the physical, fiscal or socioeconomic impact of the proposed development upon the Borough.
(v) 
The Borough has determined that an environmental impact statement (EIS) serves to assess the environmental and ecological impacts of specific land development proposals and alerts the reviewing board and the applicant to potential risks and dangers. Where an analysis of an EIS determines that a situation is presented where adverse environmental impacts are real, substantial, and not correctable by the applicant, the reviewing board may rely on these impacts as a basis for the denial of an application. The data set forth within an EIS may be used by the reviewing board to require specific conditions relating to site design or improvements which shall be met by the applicant to alleviate or rectify problems before development approval is granted. An EIS shall accompany all applications for preliminary approval of a major site plan application and use variance(s) unless specifically waived by the reviewing board, and shall provide the information needed to evaluate the effect of a proposed development upon the environment and shall include data distributed, reviewed, and passed upon in accordance with the standards set forth below. Nothing herein contained shall eliminate the necessity to provide other information required under the Land Development Ordinance of the Borough of West Cape May in the preparation of an EIS.
(1) 
Composite environmental constraints map at the same scale as the preliminary site plan. The applicant shall, utilizing existing map sources, present a plan indicating:
[a] 
The features for preservation, including any trees included on the Borough of West Cape May's Tree Registry.
[Ord. No. 494-2015 § 3]
[b] 
Features which represent any constraints for development.
[1] 
Generally indicating the area most suitable for development.
[2] 
The areas least suitable for development.
[3] 
Various degrees of suitability between these two extremes.
(2) 
An environmental impact statement containing data reflecting:
[a] 
A statement describing and explaining the impact and effect of proposed site plan upon the ecological systems and environment of the Borough of West Cape May's land and waters giving consideration to the applicable natural processes and social values of:
[1] 
Geology.
[2] 
Aquifers.
[3] 
Hydrology.
[4] 
Stormwater runoff.
[5] 
Soils.
[6] 
Potential soil loss.
[7] 
Soil nutrient retention.
[8] 
Vegetation, including any trees included on the Borough of West Cape May's Tree Registry.
[Ord. No. 494-2015 § 3]
[9] 
Wetland vegetation.
[10] 
Recreation value of vegetation.
[11] 
Historic value.
[12] 
Scenic features.
[13] 
Wildlife-high value areas.
[14] 
Wildlife-rare and beneficial species.
[15] 
Water quality.
[16] 
Air quality.
[b] 
Specific plans proposed by the developer to alter, preserve, enhance and mitigate or minimize adverse impacts on the natural resources and natural features of the land within the proposed site. Should the developer propose to remove any tree included on the Borough of West Cape May's Tree Registry, he shall specifically indicate how he proposes to replace that tree.
[Ord. No. 494-2015 § 3]
[c] 
Test boring, percolation rates, water levels and groundwater samples shall be submitted by a licensed engineer in accordance with the following standards:
[1] 
Less than a two-acre site: one test hole.
[2] 
Two-acre site: three test holes.
[3] 
Three-acre site: six test holes.
[4] 
Five- to ten-acre site: eight test holes.
[5] 
Eleven- to forty-acre site: 10 test holes.
[6] 
Forty-one- to one-hundred-acre site: 16 test holes.
[7] 
Over one-hundred-acre site: 20 test holes.
[d] 
These borings shall be distributed over the tract to adequately represent site conditions and shall be to a minimum depth of ten (10') feet.
(w) 
A traffic impact report shall accompany all applications for preliminary approval of all major site plan applications, unless specifically waived by the reviewing board. The traffic impact report shall include information sufficient to demonstrate that satisfactory arrangements will be made to facilitate traffic movement on the roadways adjoining the development and to assure logical and direct circulation within the development. These arrangements may include provision for necessary signalization, channelization, standby-turn lanes, right-turn, acceleration or deceleration lanes, added roadway width, adequate warning signs, and adequate storage area and distribution facilities within the development to prevent backup of vehicles on public streets.
(1) 
Traffic volume developed from trip-generating forecasts in accordance with standards contained in "Trip Generation — An Informal Report" published by the Institute of Transportation Engineers, or other reliable reference sources.
(2) 
Traffic accidents, including the number of accidents which occurred at or adjacent to the site within the last three years.
(3) 
Geometry of the roadway, including the configuration of any adjacent intersection and the adjacent roadway approaches.
(4) 
Roadway conditions, including the physical condition of the roadways leading to the site.
(5) 
Development potential of the surrounding area based upon a build out on the zone the project resides in.
(6) 
Improvements based upon road classifications.
(7) 
Measures to correct existing road conditions.
(8) 
Estimated pro rata contributions of funds and/or land and/or constructions of on- and off-tract improvements or rights-of-way. Where applicable, the analysis shall also include the impact of development of vacant land in adjacent municipalities where such development will impact on the circulation system affecting the proposed development site.
(x) 
Solid waste/recycling. In reviewing preliminary major site plans for 25 or more units of multifamily housing or in reviewing any preliminary major site plans incorporating any commercial or industrial development proposal for the utilization of 1,000 square feet or more of land, the reviewing board shall take into consideration methods of addressing the recycling goals of the Borough.
(1) 
Submission requirements. A recycling report shall accompany all applications for 25 or more units of multifamily housing or any preliminary site plan incorporating any commercial or industrial development for the utilization of 1,000 square feet or more of land addressing the means of recycling for the proposed site plan taking into consideration methods of addressing the recycling goals of the Borough. The recycling report shall include the following:
[a] 
Materials to be collected.
[b] 
Where the materials will be stored.
[c] 
How the materials will be picked up.
[d] 
Who will pick up the materials.
[e] 
How often the materials will be picked up.
[f] 
How much material will be generated.
[g] 
How much storage area is required for each material.
(y) 
The application shall be accompanied by one set of four photographs of the site, showing front, both sides and rear.
The Planning Board may from time to time promulgate checklists of required site plan details or variance details and require an applicant for development to submit a completed checklist with an application.
[Ord. No. 102-86 § 12; Ord. No. 431-09 § 1]
The following lighting standards shall be complied with by every applicant in connection with site plan approval and the appropriate provisions for lighting in compliance with this subsection and such information shall be appropriately indicated on the site plan submitted by the applicant:
a. 
Street lighting of a type supplied by a public utility and of a type and number approved by the Borough Engineer shall be provided for all street intersections and along all arterial, collector and local streets and anywhere else deemed necessary for safety reasons. Wherever electrical utility installations are required to be underground, the applicant shall provide for under-ground service for street lighting.
b. 
All parking areas and walkways thereto and appurtenant passageways and driveways serving commercial, public, office, industrial, apartment or other similar uses, having common off-street parking and/or loading areas and building complexes requiring area lighting shall be adequately illuminated for security and safety purposes. The lighting plan in and around the parking areas shall provide for nonglare, color corrected lights focused downward. The light intensity provided at ground level shall be a minimum of 3/10 footcandle anywhere in the area to be illuminated, shall average a minimum of 5/10 footcandle over the entire area, and shall be provided by fixtures with a mounting height not more than twenty-five (25') feet measured from the ground level to the centerline of the light source spaced a distance not to exceed five times the mounting height. Any other outdoor lighting such as building and sidewalk illumination, driveways with no adjacent parking, the lighting plan in sufficient detail to allow determination of the effects to adjacent properties, traffic safety and overhead sky glow. The objective of these specifications is to minimize undesirable off-premises effects. No light shall shine into windows or onto streets and driveways in such manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, the light shielding and similar characteristics shall be subject to site plan approval. The Planning Board reserves the right to physically inspect the lighting so as to ensure compliance with the intent to ensure that light pollution does not occur.
[Ord. No. 102-86 § 13; Ord. No. 431-09 § 1]
The granting of preliminary site plan approval shall confer upon the applicant those rights set forth in the Municipal Land Use Act, N.J.S.A. 40:55D-1 et seq., as such may be amended from time to time.
[Ord. No. 102-86 § 14; Ord. No. 431-09 § 1]
The application procedure and requirements for final site plan approval shall be the same as is set forth in subsection 24-3.5.
[Ord. No. 102-86 § 15; Ord. No. 431-09 § 1]
The Planning Board shall have the power to condition any final site plan approval as follows:
a. 
Grant final approval only as to certain sections of the proposed development.
b. 
Grant final approval but require resubmission for final approval of certain specified elements of the plan including, but not limited to, landscaping, parking areas and signs.
c. 
The posting of suitable guarantee for installation of on-tract improvements including but not limited to streets, gutters, curbs, sidewalks, street lights, shade trees, monuments, water mains, sanitary and storm sewers, drainage facilities, and open space improvements.
[Ord. No. 102-86 § 16; Ord. No. 431-09 § 1; Ord. No. 537-2018]
a. 
Generally. In the event any final site plan approval, final subdivision plat, or recording of minor subdivision deeds is conditioned upon the installation of any on-tract or off-tract improvements pursuant to this Chapter, the developer shall furnish a performance guarantee in favor of the municipality in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval, 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 municipal 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, as shown on the final map and required by "the map filing law," P.L.1960, c.141 (C.46:23-9.9 et seq.; repealed by section 2 of P.L.2011, c.217) or N.J.S.46:26B-1 through N.J.S.46:26B-8, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements.
The municipal 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. 
Perimeter Buffer Landscaping. The Borough may also require the developer furnish a performance guarantee to include privately-owned perimeter buffer landscaping within an approved phase or section of a development. At the developer's option, a separate performance guarantee may be posted for the privately-owned perimeter buffer landscaping.
c. 
Temporary Certificate of Occupancy Guarantee. 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 municipality 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 paragraph a above, 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 municipal engineer. The Borough will not 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 Borough 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. 
Safety and Stabilization Guarantee. The Borough may require a developer furnish a "safety and stabilization guarantee," in favor of the municipality. If required, the developer may furnish the "safety and stabilization guarantee" either as a separate guarantee or as a line item of the performance guarantee. A "safety and stabilization guarantee" shall 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 municipality to the developer of the municipality's intent to claim payment under the guarantee. A municipality 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. A municipality 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 a half percent of bonded improvement costs in excess of $100,000 up to $1,000,000, plus 1% of bonded improvement costs in excess of $1,000,000.
A municipality shall release a separate "safety and stabilization guarantee" to a developer upon the developer's furnishing of a performance guarantee which includes a line item for safety and stabilization in the amount required under this paragraph.
A municipality shall release a "safety and stabilization guarantee" upon the municipal engineer's determination that the development of the project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.
e. 
Maintenance Guarantee. The Borough may require that a developer shall post with the municipality, prior to the release of a performance guarantee required pursuant to paragraph a, paragraph b, or both paragraph a and paragraph b of this subsection, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.
If required, the developer shall post with the municipality, upon the inspection and issuance of final approval of the following private site improvements by the municipal engineer, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: storm-water management basins, in-flow and water quality structures within the basins, and the out-flow pipes and structures of the storm-water 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).
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.
f. 
Improvements To Be Owned or Bonded by Other Agencies. In the event other governmental agencies or public utilities will automatically own the utilities to be installed, or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Borough for such utilities or improvements.
g. 
Inspection Fees. The developer shall reimburse the Borough for reasonable inspection fees paid to the municipal engineer for the foregoing inspection of improvements; which fees shall not exceed the sum of the amounts set forth in paragraphs 1 and 2 below. The Borough may require the developer to post the inspection fees in escrow in an amount:
1. 
not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements that are subject to a performance guarantee under paragraph a, paragraph b, or both paragraph a and paragraph b of this section; and
2. 
not to exceed 5% of the cost of private site improvements that are not subject to a performance guarantee under paragraph a of this section, which cost shall be determined pursuant to section 15 of P.L.1991, c.256 (C.40:55D-53.4).
For those developments for which the inspection fees total less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited in escrow by a developer shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the municipal engineer for inspections, the developer shall deposit the remaining 50% of the inspection fees.
For those developments for which the inspection fees total $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited in escrow by a developer shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection 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 inspection fees.
If the Borough determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to g.1 and g.2 is insufficient to cover the cost of additional required inspections, the Borough may require the developer to deposit additional funds in escrow provided that the Borough delivers to the developer a written inspection escrow deposit request, signed by the municipal engineer, which informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
[Ord. No. 102-86 § 17; Ord. No. 431-09 § 1]
All applications for site plan approval pursuant to this Chapter shall be passed upon by the Planning Board except in those situations where the application for development includes a variance request pursuant to N.J.S.A. 40:55-70(d), in which such case the application for site plan approval shall be determined by the Planning Board in connection with the variance request pursuant to N.J.S.A. 40:55D-70(d).
[1]
Editor's Note: Former Section 24-6, Fees, previously codified herein and containing portions of Ordinance No. 102-86 was repealed by Ordinance No. 319-02 and 341-04. Fees can be found in Chapter 26, Fees for Land Development.
[Ord. No. 319-02; Ord. No. 431-09 § 1]
No application for preliminary or final site plan approval, and no application for a variance, shall be processed until the real estate taxes for the subject property have been paid current.
[Ord. No. 102-86 § 19; Ord. No. 319-02 § 4]
Any person violating any of the provisions of this Chapter shall be liable to the penalty as stated in Chapter 1, Section 1-5 for each and every day of any such violation.