[1975 Code § 13-3.1]
a.
Pursuant to the provisions N.J.S.A. 40:55D-37, approval of subdivision plats by resolution of the Land Use Board shall be required as a condition for the filing of such plats with the County Recording Officer. Approval of site plans by resolution of the Land Use Board shall be required as a condition for the issuance of a building permit and certificate of occupancy for any new building, addition to or alteration of an existing building, any change in use, or any use variance for any nonresidential development except that subdivision or individual lot applications for detached one or two dwelling unit buildings shall be exempt from such site plan review and approval; provided that the resolution of the Land Use Board shall substitute whenever the former Board of Adjustment has jurisdiction over a subdivision or site plan pursuant to subsection 26-2.14 of this chapter.
b.
Each application for subdivision approval, where required pursuant
to Section 5 of P.L. 1968. c. 285, and each application for site plan
approval, where required pursuant to Section 8 of P.L. 1968, c. 285
shall be submitted by the applicant to the County Planning Board for
review and approval, as required by the aforesaid sections, and the
approving authority 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.
[1975 Code § 13-3.2]
a.
The applicant shall submit 14 copies of his complete application
for subdivision, site plan, or conditional use approval to the Secretary
of the Land Use Board at least 14 days before the monthly meeting
date of the Board. The time for the Board's review shall not begin
to run until the submission of a complete application with the required
fee. Unless the applicant is informed in writing by the Secretary
of the Land Use Board within 45 days of the actual submission of the
application that it is incomplete, said application shall be deemed
complete as of the date it was submitted.
b.
A complete application for preliminary approval shall consist of
the following:
1.
A properly completed site plan, subdivision and/or conditional use
information form.
3.
A site plan or subdivision plot plan on which the following is set
out:
(a)
Scale, not to exceed one inch equals 100 feet.
(b)
Locator map showing all road intersections within 500 feet or
the nearest intersection, whichever is most distant.
(c)
All structures, wooded areas and topography with two-foot intervals,
except where the slope exceeds 15%, in which case contour intervals
may be five feet for those areas.
(d)
All lot lines and owners of lots within 200 feet of the site.
(e)
Streets, easements, watercourses and rights-of-way, both existing
and proposed.
(f)
Utility and drainage plans.
(g)
Any extension of off-tract improvements necessitated by the
proposed development.
(h)
A soil erosion and sedimentation control plan, pursuant to the
requirements of N.J.S.A. 4:24-39 et seq.
(i)
In the case of a site plan, preliminary plans for elevations
and locations of structures, parking, lighting, loading, signs and
landscaping.
c.
(Reserved)
d.
(Reserved)
e.
The secretary of the Land Use Board shall distribute the site plan,
subdivision and/or conditional use application for review and report,
and where required approval, as follows:
[1975 Code § 13-3.3]
a.
Before approving a subdivision or site plan, the approving authority
shall require that streets, public drainageways, flood control basins
and public areas, designated for reservation on the master plan or
Official Map, must be shown on the plat in locations and sizes suitable
to their intended uses. The approving authority may reserve the location
and extent of such streets, ways, basins or areas shown on the plat
for a period of up to one year after the approval of the final plat
or within such further time as may be agreed to by the developer.
Unless during such period or extension thereof the Borough shall have
entered into a contract to purchase or institute condemnation proceedings
according to law for the fee or a lesser interest in the land comprising
such streets, ways, basins or areas, the developer shall not be bound
by such reservations shown on the plat and may proceed to use such
land for private use in accordance with applicable development regulations.
The provisions of this subsection shall not apply to streets and roads,
flood control basins or public drainageways necessitated by the subdivision
or land development and required for final approval.
b.
The developer shall be entitled to just compensation for actual loss
found to be caused by such temporary reservation and deprivation of
use. In such instance, unless a lesser amount has previously been
mutually agreed upon, just compensation shall be deemed to be the
fair market value of an option to purchase the land reserved for the
period of reservation; provided that determination of such fair market
value shall include, but not be limited to, consideration of the real
property taxes apportioned to the land reserved and prorated for the
period of reservation. The developer shall be compensated for the
reasonable increased cost of legal, engineering, or other professional
services incurred in connection with obtaining subdivision approval
or site plan approval, as the case may be, caused by the reservation.
c.
Upon the submission to the approving authority of an application
for development showing development proposed for an area reserved
on the Official Map or master plan, the secretary of the approving
authority shall notify the Borough Council in writing of such application,
and that the approving authority intends to grant approval for said
development in the reserved area unless the Borough Council notifies
the approving authority prior to the date for final approval that
it intends to reserve the area in question and provide compensation
to the developer for such reservation. The notice of intent to reserve
shall be in the form of a resolution by the Borough Council. The Borough
Council shall thereupon proceed either to reach an agreement with
the developer as to the amount of compensation to be paid for such
reservation, or negotiate a purchase price for the reserved area.
Upon the Borough Council arriving at the amount to be paid the developer
by way of compensation for reservation or purchase, the amount shall
be deposited in escrow for the benefit of the developer.
[1975 Code § 13-3.4]
a.
The approving authority shall require, as a condition of preliminary
subdivision or site plan approval, that the developer pay his pro-rata
share of the cost of providing only reasonable and necessary street
improvements and water, sewerage and drainage facilities, and easements
therefor, which are located outside the property limits of the development
but necessitated or required by construction or improvements within
such development. Such contribution for a developer's pro-rata share
shall only be required where the off-tract improvements are to be
constructed pursuant to the provisions of the circulation and comprehensive
utility services plans included in the municipal master plan. The
developer shall either install the improvements or contribute his
pro-rata share of the costs, at the option of the developer. If the
developer installs the improvements, he shall be compensated by the
Borough for all but his pro-rata share of the cost of the improvement.
[1975 Code § 13-3.5]
Prior to approval of planned developments, the approving authority
shall find the following facts and conclusions:
a.
That departure by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards pursuant to Section 26-35.
b.
That the proposals for maintenance and conservation of the common
open space are reliable, and the amount, location and purpose of the
common open space are adequate.
c.
That provisions through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreational and visual enjoyment
are adequate.
d.
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established.
e.
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
[1975 Code § 13-3.6]
a.
The Borough Council may, at any time, accept the dedication of land
for public use and maintenance, or any interest therein, required
to be set aside, designated and reserved for the use and enjoyment
of owners and occupants of land adjoining or neighboring such land
as a condition of approval of planned unit development, planned unit
residential development or residential cluster, but such dedication
shall not be required by the approving authority.
b.
The developer shall provide for an organization for the ownership
and maintenance of any open space for the benefit of owners or residents
of a development, if the open space is not dedicated to the Borough.
Such organization shall not be dissolved and shall not dispose of
any open space, by sale or otherwise, except to an organization conceived
and established to own and maintain the open space for the benefit
of such development, and thereafter such organization shall not be
dissolved or dispose of any of its open space without first offering
to dedicate the same to the Borough.
c.
In the event that such organization shall fail to maintain the open
space in reasonable order and condition, the Borough Council may serve
written notice upon such organization or upon the owners of the development
setting forth the manner in which the organization has failed to maintain
the open space in reasonable condition, and the notice shall include
a demand that such deficiencies of maintenance be cured within 35
days thereof, and shall state the date and place of a hearing thereon
which shall be held within 15 days of the notice. At such hearing,
the Borough Council may modify the terms of the original notice as
to deficiencies and may give a reasonable extension of time not to
exceed 65 days within which they may be cured. If the deficiencies
set forth in the original notice or in the modification thereof shall
not be cured within 35 days or any permitted extension thereof, the
Borough, in order to preserve the open space and maintain the same
for a period of one year, may enter upon and maintain such land. This
entry and maintenance shall not vest in public any rights to use the
open space except when the same is voluntarily dedicated to the public
by the owners. Before the expiration of the year, the Borough Council
shall, upon its initiative or upon the request of the organization
theretofore responsible for the maintenance of the open space, call
a public hearing upon 15 days' written notice to such organization
and to the owners of the development, to be held by the Borough Council,
at which hearing such organization and the owners of the development
shall show cause why such maintenance by the Borough shall not, at
the election of the Borough, continue for a succeeding year. If the
Borough Council shall determine that such organization is ready and
able to maintain open space in reasonable condition, the Borough shall
cease to maintain the open space at the end of the year. If the Borough
Council shall determine such organization is not ready and able to
maintain the open space in a reasonable condition, the Borough may,
in its discretion, continue to maintain the open space during the
next succeeding year, subject to a similar hearing and determination,
in each year thereafter. The decision of the Borough Council in any
case shall constitute a final administrative decision subject to judicial
review.
d.
The cost of such maintenance by the Borough shall be assessed pro
rata against the properties within the development that have a right
of enjoyment of the open space in accordance with assessed value at
the time of imposition of the lien, and shall become a lien and tax
on these properties and be added to and be a part of the tax to be
levied and assessed thereon, and be enforced and collected with interest
by the same officers and in the same manner as other taxes.
[1975 Code § 13-3.7]
a.
1.
Upon the submission to the Secretary of the Land Use Board of a complete application for a site plan for 10 acres of land or less, the Land Use 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, except that if the application for site plan approval also involves an application for relief pursuant to subsection 26-2.7h of this chapter, the Land Use Board shall grant or deny preliminary approval within 95 days of the date of the submission of a complete application to the Secretary of the Land Use Board, or within such further time as may be consented to by the applicant.
2.
Upon the submission of a complete application for a site plan of
more than 10 acres, or for a conditional use approval, the Land Use
Board shall grant or deny preliminary approval of the site plan and/or
approval of the conditional use within 95 days of the date of such
submission or within such further time as may be consented to by the
applicant.
b.
1.
Upon the submission to the Secretary of the Land Use Board of a complete application for a subdivision of 10 or fewer lots, other than a minor subdivision as defined by N.J.S.A. 40:55D-1 et seq., the Land Use 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, except that if the application for subdivision approval also involves an application for relief pursuant to subsection 26-2.7 of this chapter, the Land Use Board shall grant or deny preliminary approval within 95 days of the date of submission of a complete application to the Secretary of the Land Use Board, or within such further time as may be consented to by the applicant.
2.
Upon the submission of a complete application for a subdivision of
more than 10 lots, the Land Use 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.
c.
Failure of the Land Use Board to reach a decision within the specified
time periods or extensions thereof shall result in the approval of
the subdivision and/or site plan and/or conditional use as submitted.
d.
The Land Use Board may waive site plan approval requirements if the
construction or alteration or change of occupancy or use does not
affect existing circulation, drainage, relationships or buildings
to each other, landscaping, buffering, lighting and other considerations
of site plan review.
e.
If the Land Use 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 for development shall be submitted
and proceeded upon, as in the case of the original application for
development. The Land Use Board shall, if the proposed development
complies with this chapter, grant preliminary subdivision or site
plan approval.
f.
Nothing herein shall be construed to limit the right of a developer
to submit a sketch plat to the Land Use Board for informal review,
and neither the Land Use Board nor the developer shall be bound by
any discussions or statements made during such review; provided that
the right of the developer at any time to submit a complete application
for subdivision or site plan approval shall not be limited by his
submission of a sketch plat and the time for the Land Use Board's
decision shall not begin to run until the submission of a complete
application.
[1975 Code § 13-3.8]
A public hearing shall be held on all applications for site
plan approval.
[1975 Code § 13-3.9]
Preliminary approval of a major subdivision or site plan, except
as provided in paragraph d of this subsection, shall confer upon the
applicant the following rights for a three-year period from the date
of the preliminary 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; and, in the
case of a site plan, existing natural resources to be preserved on
the site; vehicular and pedestrian circulation, parking and loading;
screening, landscaping and location of structures; exterior lighting
both for safety reasons and streetlighting; 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 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 or site plan; and
c.
That the applicant may apply for and the reviewing 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 or site plan for an area of 50 acres
or more, the reviewing 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 reviewing board to be reasonable taking
into consideration:
1.
The number of dwelling units and nonresidential floor area permissible
under preliminary approval; (2) economic conditions; and (3) the comprehensiveness
of the development. The applicant may apply for thereafter and the
reviewing board may thereafter grant an extension to preliminary approval
for such additional period of times as shall be determined by the
reviewing board to be reasonable taking into consideration: (1) the
number of dwelling units and nonresidential floor area permissible
under preliminary approval; and (2) the potential number of dwelling
units and nonresidential floor area of the section or sections awaiting
final approval; (3) economic conditions; and (4) the comprehensiveness
of the development; provided that if the design standards have been
revised, such revised standards may govern.
[1975 Code § 13-3.10]
a.
The reviewing board shall grant final approval if the detailed drawings,
specifications and estimates of the application for final approval
conform to the standards established by this chapter for final approval,
the conditions of preliminary approval, and, in the case of a major
subdivision, the standards prescribed by the Map Filing Law, N.J.S.A.
46:23-9.9 et seq. provided that in the case of a planned development,
the reviewing body may permit minimal deviations from the conditions
of preliminary approval necessitated by change of condition beyond
the control of the developer since the date of preliminary approval
without the developer being required to submit another application
for development for preliminary approval.
b.
Final approval shall be granted or denied within 45 days after submission
of a complete application to the secretary of the approving authority,
or within such further time as may be consented to by the applicant.
Failure of the approving authority to act within the period prescribed
shall constitute final approval of the application for final approval
as submitted and a certificate of the secretary of the approving authority
as to failure of the approving authority to act shall be issued on
request of the applicant, and it shall be sufficient in lieu of the
written endorsement or other required evidence of approval.
c.
A complete application for final approval shall consist of the following
where applicable:
1.
A properly completed final subdivision or site plan approval form.
3.
A final plat or a site plan in final form, including all the information
shown on the preliminary plan, conditions of preliminary approval,
plus the following:
(a)
In the case of a subdivision, the following requirements shall
apply:
(1)
Final Plat. The final plat shall
be drawn in ink on tracing cloth at a scale not less than one inch
equals 100 feet and in compliance with all the provisions of N.J.S.A.
46:23-9.11, and amendments thereto. The final plat shall show or be
accompanied by the following:
i.
Date, name and location of the subdivision, name of owner, graphic
scale and reference meridian.
ii.
Tract boundary lines, right-of-way lines of streets,
street names, easements and other rights-of-way, land to be reserved
or dedicated to public use, all lot lines and other site lines; with
accurate dimensions, bearings or deflection angles, radii, acres,
and central angles of all curves.
iii.
The purpose of any easement or land reserved or
dedicated to public use shall be designated, and the proposed use
of sites other than residential shall be noted.
iv.
Each block shall be numbered, and the lots within
each block shall be numbered consecutively beginning with the number
one.
v.
Minimum building setback line on all lots and other sites.
vi.
Location and description of all monuments.
vii.
Names of owners of adjoining unsubdivided land.
viii.
Certification by the engineer or surveyor as
to accuracy of details of plat.
ix.
Certification that the applicant is agent or owner
of the land, or that the owner has given consent under an option agreement.
x.
When approval of a plat is required by any officer or body of
such a municipality. County or State approval shall be certified on
the plat.
xi.
Certificate from the Tax Collector that all taxes
are paid to date. In addition, the Land Use Board may require the
following:
Cross-sections and profiles of streets, approved by the Borough
Engineer, may be required to accompany the final plat.
Contours of five-foot intervals for slopes averaging 10% or
greater and at two-foot intervals for land of lesser slope.
Plans and profiles of storm and sanitary sewers and water mains.
4.
A subdivision plat conforming with the Map Filing Act, N.J.S.A. 46:23-9.9
et seq.
[1975 Code § 13-3.11]
a.
The approving authority when acting upon applications for preliminary
or minor subdivision approval shall have the power to grant such exceptions
from the requirements for subdivision approval as may be reasonable
and within the general purpose and intent of the provisions for subdivision
review and approval of this chapter, if the literal enforcement of
one or more provisions of this chapter is impracticable or will exact
undue hardship because of peculiar conditions pertaining to the land
in questions.
b.
The approving authority when acting upon application for preliminary
site plan approval shall have the power to grant such exceptions from
the requirements for site plan approval as may be reasonable and within
the general purpose and intent of this chapter, if the literal enforcement
of one or more provisions of this chapter is impracticable or will
exact undue hardship because of peculiar conditions pertaining to
the land in question.
c.
The approving authority shall have the power to review and approve
or deny conditional uses or site plans simultaneously with review
for subdivision approval without the developer being required to make
further application to the approving authority, or the approving authority
being required to hold further hearings. The longest time period for
action by the approving authority, whether it be for subdivision,
conditional use or site plan approval, shall apply. Whenever approval
of a conditional use is requested by the developer pursuant to this
subsection, notice of the hearing on the plat shall include reference
to the request for such conditional use.
[1975 Code § 13-3.12]
a.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to subsection 26-3.9 of this chapter, 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 95 days. The approving authority may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provision of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to subsection 26-3.9 of this chapter for the section granted final approval.
b.
In the case of a subdivision or site plan for a planned unit development
or planned unit residential development or residential cluster of
50 acres or more or conventional subdivision or site plan for 150
acres or more, the approving authority may grant the rights referred
to in paragraph a of this subsection, for such period of time, longer
than two years, as shall be determined by the approving authority
to be reasonable taking into consideration: (1) the number of dwelling
units and nonresidential floor area permissible under final approval;
(2) economic conditions; and (3) the comprehensiveness of the development.
The developer may apply for thereafter, and the reviewing board may
thereafter grant, an extension of final approval for such additional
period of time as shall be determined by the approving authority to
be reasonable taking into consideration: (1) the number of dwelling
units and nonresidential floor area permissible under final approval;
(2) the number of dwelling units and nonresidential floor area remaining
to be developed; (3) economic conditions; and (4) the comprehensiveness
of the development.
[1975 Code § 13-3.13; Ord. No.
5-91 §§ 2
4; Ord. No. 5-07 § 2]
a.
Before recording of final subdivision plats, or as a condition of
final site plan approval, the approving authority may require and
shall accept in accordance with the standards adopted by this chapter
for the purpose of assuring the installation and maintenance of on-tract
improvements:
1.
The furnishing of a performance guarantee in favor of the Borough
in an amount not to exceed 120% of the cost of installation for improvements
it may deem necessary or appropriate including: streets, grading,
pavement, gutters, curbs, sidewalks, streetlighting, shade trees,
surveyor's monuments, as shown on the final map and required by the
Map Filing Law, N.J.S.A. 46:23-9.9 et seq., water mains, culverts,
storm sewers, sanitary sewers, or other means of sewage disposal,
drainage structures, erosion control and sedimentation control devices,
public improvements of open space and, in the case of site plans only,
other on-site improvements and landscaping; provided that no more
than 10% of the total performance guarantee shall be required to be
in cash, and the balance shall be in form of a surety company bond
from a bonding company approved by the Borough Council, or an irrevocable
letter of credit from a banking institution authorized to do business
in New Jersey.
The Borough Engineer shall review the improvements required
by the approving authority which are to be bonded and itemize their
cost. Said itemization shall be the basis for determining the amount
of performance guarantee and maintenance guarantee required by the
approving authority. The Borough Engineer shall forward his estimate
of the cost of improvements to the applicant within 30 days of the
date of receipt of a request sent by certified mail for said estimate.
2.
The furnishing of a maintenance guarantee to be posted with the Borough
for a period not to exceed two years after final acceptance of the
improvement, in an amount not to exceed 15% of the cost of the improvement.
In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed or the improvements
are covered by a performance or maintenance guarantee to another governmental
agency, no performance of maintenance guarantee, as the case may be,
shall be required for such utilities or improvements.
b.
The amount of any performance guarantee may be reduced by the Borough
Council by resolution when portions of the improvements have been
certified by the Borough Engineer to have been completed. The time
allowed for installation of the improvements for which the performance
guarantee has been provided may be established by the Borough Council
by resolution.
c.
If the required improvements are not completed or corrected in accordance
with the performance guarantee, the obligor and surety, if any, shall
be liable thereon to the Borough for the reasonable cost of the improvements
not completed or corrected and the Borough may either prior to or
after the receipt of the proceeds thereof complete such improvements.
d.
When all of the required improvements have been completed, the obligor
shall notify the Borough Council in writing, by certified mail addressed
in care of the Borough Clerk of the completion of said improvements
and shall send a copy thereof to the Borough Engineer. Thereupon the
Borough Engineer shall inspect all of the improvements and shall file
a detailed report, in writing, with the Borough Council, indicating
either approval, partial approval, or rejection of the improvements
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
e.
The Borough Council shall either approve, partially approve or reject
the improvements, on the basis of the report of the Borough Engineer
and shall notify the obligor in writing, by certified mail, of the
contents of said report and the action of said approving authority
with relation thereto, not later than 65 days after receipt of the
notice from the obligor of the completion of the improvements. Where
partial approval is granted, the obligor shall be released from all
liability pursuant to its performance guarantee, except for the improvement
not yet approved. Failure of the Borough Council to send or provide
such notification to the obligor within 65 days shall be deemed to
constitute approval of the improvements and the obligor and surety,
if any, shall be released from all liability pursuant to such performance
guarantee.
f.
If any portion of the required improvements are rejected, the approving
authority may require the obligor to complete such improvements and
upon completion, the same procedure of notification, as set forth
in this section shall be followed.
g.
The obligor shall reimburse the Borough for all reasonable inspection
fees paid the Borough Engineer for the foregoing inspection of improvements.
h.
Improvements to be Considered. Prior to the granting of final approval,
the developer shall have installed or, if permitted in lieu thereof,
shall have furnished performance guaranties for the ultimate installation
of the following improvements. All improvements shall be designed,
constructed and placed in accordance with any applicable standards
and specifications of the Borough or County, State or Federal regulatory
agencies. The developer may construct improvements prior to final
approval and the filing of the final plat, provided that final construction
drawings have been received and approved by the Borough Engineer and
upon notification to the Board 45 days prior to the start of construction
and payment of inspection fees as specified in this chapter seven
days prior to the start of construction. Improvements are:
1.
Streets, grading and streetlights.
2.
Street name signs at all street intersections within or abutting
the subdivision.
3.
Curbs.
4.
Sidewalks.
5.
Shade trees.
6.
Monuments. All monuments shall be of the size and shape required
by N.J.S.A. 46:23-9.11q and placed in accordance with the statute.
7.
Storm drains.
8.
Bulkheads.
9.
Landscaping, topsoil and seeding on all rights-of-way.
10.
Soil erosion and sedimentation control measures.
i.
Inspection Requirements.
1.
General requirements. All improvements, except as otherwise provided,
shall be subject to inspection and approval by the Borough Engineer.
No underground installation shall be covered until inspected and approved
by the Borough Engineer or those agencies having jurisdiction over
the particular installation. If such installation is covered prior
to inspection, it shall be uncovered or other inspection means used,
such as television or other pipeline camera, as may be deemed necessary
by the Borough Engineer, and charges for such work will be paid for
by the developer. The appropriate engineer shall be notified by the
developer at least 48 hours prior to the start of construction.
2.
Inspection not acceptance. Inspection of any work by the Borough
Engineer or his authorized representative shall not be considered
to be final approval or rejection of the work but shall only be considered
to be a determination of whether or not the specific work involved
was being done to Borough specifications or other required standards
at the time of inspection. Any damage to such work or other unforeseen
circumstances, such as the effect of the weather, other construction,
changing conditions, settlement, etc., between the time of installation
and the time that the developer wishes to be released from his performance
guaranty shall be the full responsibility of the developer, and the
work shall not be considered accepted until release of the performance
guaranty.
3.
Payment to contractors. No developer shall enter into any contract
requiring the Borough Council, the Borough Engineer or any of their
agents, employees or other representatives to make any declarations,
written or otherwise, as a condition of payment of the developer to
a contractor as to the acceptance or rejection of the work. Neither
the Borough Council, the Borough Engineer nor any of their agents,
employees or representatives shall make any such declaration.
j.
Inspection Fees for On-Site and Off-Site Bonded Improvements; Escrow.
1.
Inspection fee escrow deposits.
(a)
At least one week prior to the beginning of construction or
installation of any required improvements, the developer shall notify
the Borough Engineer, in writing, of the developer's intention to
commence such work. The Borough Engineer or his or her designee, to
ensure satisfactory completion, shall inspect all improvements and
utility installations during the time of their installation, and no
underground installation shall be covered until inspected by the Borough
Engineer or his or her designee.
(b)
The cost of all inspections shall be the responsibility of the
developer, and he or she shall deposit the necessary inspection fee
with the designated municipal officer upon making application for
final approval under this chapter or prior to the start of any construction,
whichever shall first occur. The inspection fee shall consist of a
sum equal to the following:
(1)
The amount of escrow deposit for inspection fees shall be 5%
of the total cost of the improvements with a minimum fee of $500.
(2)
For those developments for which the reasonably anticipated
fees are less than $10,000, these fees may, at the option of the develop,
be paid in two installments. The initial amount deposited by the developer
shall be 50% of the reasonably anticipated fees.
(3)
When the balance on deposit drops to 10% of the reasonably anticipated
fees because the amount deposited by the developer has been reduced
by the amount paid to the Borough Engineer for inspection, the developer
shall deposit the remaining 50% of the anticipated inspection fees.
2.
This fee shall be held in reserve by the Borough and shall be used
to pay the costs of inspecting the construction. It shall be the obligation
of the developer to pay for the actual costs of inspecting the construction.
Any excess moneys shall be remitted to the developer upon approval
of all improvements as provided herein. Any additional inspection
costs shall be paid by the developer prior to the approval of the
improvements by the governing body, as provided for herein.
3.
The required guaranties and inspection costs shall be posted with
the Borough Clerk prior to the signing of the final plat, the issuance
of any building permits or the commencement of any construction.
4.
In the event the final approval of a development has been granted
in stages or sections, and hence the construction of the required
improvements is to be undertaken in stages or sections, bonding and
inspection of improvements shall also be in stages or sections.
5.
The minimum inspection cost shall be $500.
6.
The inspection fee may be utilized to pay any engineering, legal
or other professional fees incurred by the Borough in regard to the
developer's obligation to properly install site improvements.
[1975 Code § 13-3.14]
a.
The Land Use Board shall waive notice and public hearing for an application
for development if the Subdivision Committee of the Land Use Board
appointed by the Chairman finds that the application for development
conforms to the definition of "minor subdivisions" as defined in N.J.S.A.
40:55D-1 et seq. Minor subdivision approval shall be deemed to be
final approval of the subdivision by the Board; provided that the
Board or the subcommittee may condition such approval on terms ensuring
the provision of improvements pursuant to Article VII of this chapter.
b.
Minor subdivision approval shall be granted or denied within 45 days
of the date of submission of a complete application to the Secretary
of the Land Use Board, or within such further time as may be consented
to by the applicant. Failure of the Land Use Board to act within the
period prescribed shall constitute minor subdivision approval and
a certificate of the Secretary of the Land Use Board as to the failure
of the Land Use Board to act shall be issued on request of the applicant;
and it shall be sufficient in lieu of the written endorsement or other
evidence of approval, herein required, and shall be so accepted by
the County Recording Officer for purposes of filing subdivision plats.
c.
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 the provisions of the Map Filing Law, 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 Land Use Board. In reviewing the application
for development for a proposed minor subdivision, the Land Use Board
may accept a plat not in conformity with the Map Filing Act; 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 said act.
d.
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 herein.
[1975 Code § 13-3.15]
a.
Final approval of a major subdivision shall expire 95 days from the
date signing of the plat unless within such period the plat shall
have been duly filed by the developer with the County Recording Officer.
The approving authority 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.
Final approval of a major subdivision shall be evidenced by affixing to the plat the signature of the Chairman and Secretary of the approving authority, or a copy of the certificate of the Secretary of the approving authority indicating that the approving authority failed to reach a decision on the subdivision application within the prescribed time. The signatures of the Chairman and Secretary of the approving authority shall not be affixed until the developer has posted the guarantees required pursuant to subsection 26-3.13 of this chapter.
[1975 Code § 13-3.16; N.J.S.A. 40:55D-55; New]
a.
If, before final approval has been granted, any person transfers
or sells or agrees to transfer or sell, except pursuant to an agreement
expressly conditioned on final subdivision approval, as owner or agent,
any land which forms a part of a subdivision for which municipal approval
is required by ordinance pursuant to this chapter, such person shall
be subject to a penalty not to exceed $1,000 and each lot disposition
so made shall be deemed a separate violation in Municipal Court. In
addition to the foregoing, the Borough may institute and maintain
a civil action:
1.
For injunctive relief; and
2.
To set aside and invalidate any conveyance made pursuant to such
a contract of sale if a certificate of compliance has not been issued.
In any such action, the transferee, purchaser or grantee shall
be entitled to a lien upon the portion of the land, from which the
subdivision was made that remains in the possession of the developer
or his assigns or successors, to secure the return of any deposits
made or purchase price paid, and also a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of the land or within six years, if
unrecorded.
[1975 Code § 13-3.17]
a.
The prospective purchaser, prospective mortgagee, or any other person
interested in any land which forms part of a subdivision, or which
formed part of such a subdivision three years preceding August 1,
1976, may apply in writing to the Borough Clerk for the issuance of
a certificate certifying whether or not such subdivision has been
approved by the Land Use Board. Such application shall contain a diagram
showing the location and dimension of the land to be covered by the
certificate and the name of the owner thereof.
b.
The Borough Clerk shall make and issue such certificate within 15
days after the receipt of such written application and the fees therefor.
The officer shall keep a duplicate copy of each certificate, consecutively
numbered, including a statement of the fee charged, in a binder as
a permanent record of his or her office.
c.
Each such certificate shall be designated a "certificate as to approval
of subdivision of land" and shall certify:
1.
That there exists in the Borough of South Toms River a duly established
Land Use Board and that there is an ordinance controlling subdivision
of land adopted under the authority of the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq.
2.
Whether the subdivision, as it relates to the land shown in the application,
has been approved by the Land Use Board, and if so, the date of such
approval and any extensions and terms thereof, showing that subdivision
of which the lands are a part is a validly existing subdivision.
d.
The Borough Clerk shall be entitled to demand and receive for such
certificate issued by him a reasonable fee not in excess of those
provided in N.J.S.A. 54:5-14 and 15. The fees so collected by the
Borough Clerk shall be paid by him or her to the Borough.
