Bound Brook City Zoning Code
21-5.8 Developer’s
agreements.
[Added 6-11-2019 by Ord. No. 2019-26]
a.
The developer and the Borough of Bound Brook shall enter into a developer’s agreement prior to any construction and the issuance of any construction permit incorporating all of the terms and conditions of approval imposed by the Planning Board or Zoning Board of Adjustment. All final plat approvals shall be subject to a developer’s agreement between the developer and the Borough.
b.
The agreement shall be in a form approved by and satisfactory to the Director of Law/Borough Attorney and approved by resolution of the Borough Council. The substance of the agreement shall be consistent with the laws of the State of New Jersey, the Borough of Bound Brook’s Land Use Ordinances and the conditions and standards applicable to the proposed development including the terms and conditions of approval imposed by the Planning Board or Zoning Board of Adjustment. The agreement shall be in recordable form, and shall be treated and deemed to be a covenant or restriction pertaining to the land which is being developed, and enforceable against the developer’s successors in interest.
c.
The agreement shall be signed by the Mayor, the Borough Clerk, the Planning Board Chairman and Secretary or the Zoning Board of Adjustment Chairman and Secretary, where applicable, and the developer.
d.
The agreement shall provide for performance and maintenance guaranties to be posted by the developer in accordance with Section 21-9.7 of this chapter.
e.
The agreement may include but shall not be limited to the provisions relating to the following:
1.
The anticipated time schedule and the developer’s assumption for himself or his assigns of responsibility for the construction and information otherwise specifying the nature and extent of the developer’s obligations.
2.
The disposition and acquisition of any lands required to be set aside for public, semipublic, open space and greenway purposes and outdoor recreational uses.
3.
The phasing, financing and extent of any required municipal off-tract traffic and sidewalk improvements.
4.
Public approvals and municipal and developer actions required to implement public infrastructure improvements, such as public sewers, stormwater control and sidewalks.
5.
The developer’s obligation to maintain the project and comply with site plan approval conditions dealing with signage, building exteriors, common areas, lighting, landscaping, drainage, security, security cameras, buffer areas and open spaces, trash removal and internal roadways.
6.
Any agreements relating to an environmentally sensitive area in the proposed development.
7.
Architectural design standards to ensure that the development will result in an aesthetically harmonious design.
f.
The executed developer’s agreement shall be made part of all major subdivision and major site plan approvals as a condition of any approval, except that a developer’s agreement shall not be required for minor subdivisions or minor site plans.
g.
Legal fees incurred by the Borough associated with the preparation and negotiation of the developer’s agreement shall be paid by the applicant in accordance with and charged against the developer’s escrow deposit established in Section 21-7 of this chapter.
h.
The original agreement shall be kept on file in the Borough Clerk’s office and shall be kept on file by the Planning Board or Zoning Board of Adjustment.