[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]
(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:
(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).
[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.
