Branchburg City Zoning Code
ARTICLE VII
ADMINISTRATION, ENFORCEMENT AND FEES
§ LDO7-1.1 Administrative Officer: Receiving Applications for Developments; Issuing Approval Certificates.
The Administrative Officer shall receive all applications for development and issue approval certificates pursuant to N.J.S.A. 40:55D-1 et seq.
§ LDO7-1.2 Administration.
A.
Subdivisions: Any owner of land lying within the Township shall, prior to subdividing or resubdividing of land as defined in this Article, and before conveying legal or equitable title to such subdivision or any part thereof, apply to the Planning Board for review and approval of the subdivision plat pursuant to the provisions of this Article.
B.
Prior to the issuance of any construction permit for any new structure or addition to an existing structure, a site plan shall be submitted to the Planning Board for its review and approval with the exceptions that (1) individual lots applications for detached one or two dwelling unit buildings shall be exempt from such site plan review and approval; (2) any application requiring a variance pursuant to N.J.S.A. 40:55D-70d shall be submitted to the Zoning Board of Adjustment for its review and approval; and (3) any other class of application exempt from site plan approval by other sections of this Article.
§ LDO7-1.3 Zoning Officer.
[Ord. No. 2005-979 § 1]
A.
Office created. The office of Zoning Officer is hereby created. It shall be the duty of the Zoning Officer to enforce the Township of Branchburg Land Development Ordinance and to enforce the terms and conditions of every resolution of the Planning Board and the Board of Adjustment. It shall also be the duty of the Zoning Officer to investigate any violation or alleged violation of the Township of Branchburg Land Development Ordinance coming to the Zoning Officer's attention.
B.
Plot plan required. The Zoning Officer shall require for every application for development two sealed plot plans prepared by a New Jersey licensed professional engineer or land surveyor, drawn to scale and showing the size and location of all existing and proposed buildings, structures and other facilities, sufficient to enable the Zoning Officer to determine whether all zoning requirements and resolution requirements are met. The Zoning Officer may waive the requirement for sealed plot plans for additions, alterations or accessory structures to existing single-family dwellings and accept a sketch prepared by the owner or applicant instead. Where there is any question as to the site, location or any other zoning or resolution requirement, the Zoning Officer shall require sealed plot plans.
§ LDO7-1.4 Enforcement.
[Ord. No. 2005-979 § 2]
A.
Minimum standards. The rules, regulations and standards contained in the Township of Branchburg Land Development Ordinance shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township. Any action taken by the Township shall give primary consideration to the above mentioned matters and to the welfare of the entire community. If an applicant can clearly demonstrate that, because of the peculiar conditions pertaining to the land, the literal enforcement of the Township of Branchburg Land Development Ordinance is impractical or will exact undue hardship, the appropriate municipal agency may permit such exceptions as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by the Township of Branchburg Land Development Ordinance.
B.
Access for inspection. The Zoning Officer shall have the right to enter any nonresidential building or premises during the daytime in the course of duty after reasonable notice to the property owner or occupant. This right of access shall not preclude entry into residential buildings or premises, or entry at other times, or entry without notice, under the authority of a duly issued warrant.
C.
Violations. Any person who shall cause, assist in, contribute to or permit a violation of any requirement of the Township of Branchburg Land Development Ordinance or a violation of the terms and conditions of any resolution of the Planning Board or the Board of Adjustment shall be penalized upon conviction by a fine of not less than $100 and not more than $1,500, or imprisonment for not more than 90 days, or both. Each day during which any violation shall continue shall be deemed a separate offense.
D.
Stop work notice. If there is any material deviation from any approved application, plot plan, building plan or resolution, the Zoning Officer may stop construction by posting a stop work notice at the site.
§ LDO7-1.5 Zoning Permit and Certificate of Use.
No owner, tenant or other person shall use or occupy any newly constructed or altered building or structure without first obtaining the applicable zoning permit or certificate of use.
A.
Zoning Permit.
1.
A zoning permit shall be required and must be obtained prior to: using, allowing the use of or changing the use of any structure, building, property or part thereof; and/or the issuance of a building permit.
2.
A zoning permit shall be issued only when the Zoning Officer is satisfied that every premises or part thereof, and the proposed use thereof, are in conformity with provisions of this Article, or in conformance with the provisions of a variance granted according to law.
3.
A copy of the zoning permit shall be maintained at the subject premises whenever construction work is being performed thereon.
B.
Certificate of Use.
1.
The certificate of use shall be required and must be obtained before any premises or portion of premises in a commercial or industrial zone or in a different zone by reason of being a nonconforming use, shall be re-let, rented or sold and therefore occupied by a new tenant or owner.
2.
The application for a certificate of use shall be accompanied by an approved certificate of continued occupancy. Such certificate of continued occupancy is available from the Office of Code Enforcement and shall be issued in accordance with the relevant requirements of the New Jersey State Uniform Construction Code.
3.
The Zoning Officer shall review and decide the application for certificate of use with other subcode officials, as deemed necessary.
C.
Application.
1.
The owner or tenant of the premises about to be used occupied or re- occupied shall apply to the Zoning Officer for the applicable zoning permit or certificate of use on a form designated by the Zoning Officer.
2.
The Zoning Officer shall approve the zoning permit or certificate of use application within 15 days after receipt of a fully completed application or, in the alternative, shall notify the applicant in writing of a refusal to issue such permit and the reason(s) therefor.
3.
The Zoning Officer shall collect a fee of $25 for each zoning permit so issued except that if the certificate of continued occupancy is required, no additional charge shall be made for the issuance of a zoning permit. The Zoning Officer shall collect a fee of $25 for each certificate of use.
[Amended 9-27-2021 by Ord. No. 2021-1415]
D.
Appeal. Failure to notify the applicant of a denial of the application within 15 days of the receipt of a completed application shall constitute an appealable issue. The applicant may thereafter file an appeal with the Zoning Board of Adjustment in accordance with the rules provided therefor.
E.
Effect and revocation.
1.
A zoning permit or certificate of use, unless revoked, shall continue in effect so long as there is no change of use of the premises.
2.
If it shall appear at any time to the Zoning Officer that the application or accompanying plan(s) is in any material way false or misleading; that the work being done on the premises is materially different from that indicated in the application or may be in violation of any provision of this Article; or that the conditions imposed by either the Planning Board or the Board of Adjustment are not being met within the time or in the manner required by the approving authority, then the Zoning Officer may forthwith revoke the zoning permit or certificate of use.
F.
Waiver. The Zoning Officer may waive plans on minor alterations not effecting structural change.
G.
Existing Use. Upon written request from the owner, or tenant, the Branchburg Township Zoning Officer shall issue a zoning permit for an existing use legally in existence as of May 8, 1996, including nonconforming uses, certifying the extent and type of use and whether any such existing use conforms with the provisions of this Article, and if not, specifying the nonconformity in detail.
§ LDO7-1.6 Construction Permits and Plans; Certificates of Occupancy.
A.
No construction permit, certificate of occupancy or sign erection permit shall be issued by the Construction Code Official except upon application therefor. All construction shall be in conformity with all the provisions of this Article.
§ LDO7-1.7 Stop Orders and Construction Permit Revocations.
A.
Stop orders. In the event that a permittee shall fail to comply with any condition or regulation or provisions of an approved plan, the Construction Code Official or Zoning Officer, as the case may be, may issue a stop order on all construction work within the area encompassed by the approved plan and which order may include requirements for the prompt correction of noncomplying conditions. Thereafter, no construction work of any type shall be performed within the area of the approved plan except such work in accordance with the requirements of the Construction Code Official or Zoning Officer as set forth in said stop order or in accordance with the approved plan.
B.
Permit revocation. In the event of a failure to comply with any condition of an approved soil erosion and sediment control plan, tree removal plan or steep slope disturbance plan, the Township may revoke any construction permit for any property upon which such noncompliance occurs or for any property affected by such noncompliance. The Township may also seek to enjoin any violation or take other action for the enforcement of the provisions of this Article.
§ LDO7-1.9 (Reserved) [1]
[1]
Editor's Note: Former subsection 7-1.9, Violations and Penalties, previously codified herein and containing portions of Ordinance No. 2001-863, was repealed in its entirety by Ordinance No. 2005-979.
§ LDO7-2 FEES. [1]
§ LDO7-2.1 Application Fees and Escrow Deposits.
[Ord. No. 2000-839 § 1; Ord. No. 2001-849 § 3; Ord. No. 2009-1120 § 1; Ord. No. 2012-1193; Ord. No. 2012-1214]
A.
The following schedule of fees and escrow deposits for filing applications shall be paid to the Township. Such payment shall be made in two separate checks made payable to the Township of Branchburg and shall be submitted to the Administrative Officer at the time of filing the application, unless exempted as provided elsewhere in this Article.
Type of Application | Application Charge | Initial Deposit to Escrow Account | ||
|---|---|---|---|---|
Concept plans: | $250 | $500 | ||
1. | Subdivisions: | |||
a) | Minor Plat | $150 | $1,000 | |
b) | Major Preliminary Plat | $250 + $10 per provided a minimum $1,000 shall be deposited | $150 for each of lot, first 10 lots; $75 per of lot thereafter; minimum deposit of $5,000 | |
c) | Major Final Plat | $200 | $100 per lot; minimum deposit of $2,000 | |
2. | Site Plans: | |||
a) | Minor Plans | $200 | $1,000 | |
b) | Preliminary Plan | $250 | $150 per acre or part or part thereof and thereof and $5 per dwelling, provided a minimum of $2,000 shall be deposited | |
c) | Final Plan | $200 | $25 per acre or part thereof and $3 per dwelling, provided a minimum of $2,000 shall be deposited | |
3. | Variances: | |||
a) | Appeals (40:55D-70a) | $150 | $500* | |
b) | Interpretation (40:55D-70b) | $150 | $500* | |
c) | "c" variance (40:55D-70c) | $150 | 400 | |
d) | "d" variance (40:55D-70d) | $250 | $1,500 | |
e) | Conditional Use Permit (40:55D-34 & 35) | $150 | $250 | |
4. | Appeals to Township Committee | $250 | None required | |
5. | Proof of nonconformity | $150 | $500* | |
6. | Certified list of property owners | $0.25 per name or $10 whichever is greater | None required | |
7. | Copy of transcripts | As provided in resolution or ordinance adopted pursuant to N.J.S.A.47:1A-1 | None required | |
8. | Copy of minutes or decision | N.J.S.A. 47:1A-1 | None required | |
*Maximum escrow charge to applicant regardless of review costs. If review costs are less, the difference will be refunded. | ||||
9. | Wireless telecommunications applications: | |||
a) | No tower proposed | $5,000 | $2,500 | |
b) | Tower proposed | $10,000 | $5,000 | |
B.
1.
The application charge is a flat fee to cover direct administrative expenses and is nonrefundable. The escrow deposit is to cover the costs of professional services including engineering, legal, planning and other expenses for the review of the application and for the preparation of required legal documents. Escrow sums not utilized in this process shall be returned to the applicant.
2.
If additional escrow deposits are deemed necessary to cover projected or actual deficiencies in the escrow account, the applicant shall be notified of the required additional amounts needed and shall add the required amounts to the escrow account within 14 days of notice.
3.
If the escrow account is not sufficient to cover the costs of professional services, the Township Committee may by resolution authorize a lien against the property that is the subject of the application for the unpaid costs of professional services.
4.
If the property owner is not the applicant, the property owner shall sign the application and acknowledge that:
5.
Statements of the escrow balance shall be available upon request not more often than monthly at a cost of $10 per statement.
C.
Where one application for development includes several approved requests, the sum of the individual required fees shall be paid.
D.
1.
In accordance with this subsection, each applicant for subdivision or site plan approval shall pay all reasonable costs for professional review of the application and for preparation of any required legal documentation, including a mandatory Developer's Agreement, plus costs incurred with any informal review of a concept plan which may have preceded the submission of a preliminary application. Additionally, each applicant shall pay all reasonable costs for the municipal inspection and testing of the improvements during installation and/or as constructed.
2.
All costs for review and for the preparation of all required legal documentation must be paid before any approved plat, plan or deed is signed; all costs for inspections must be paid before any construction permit is issued; and any remaining costs must be paid before any occupancy of the premises is permitted or a certificate of occupancy is issued.
E.
If an applicant desires a Court Reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript to the Township shall be at the expense of the applicant who shall arrange for the Reporter's attendance.
F.
The fees and escrow accounts provided for in this section shall be required with respect to any application for development certified as complete on or after November 9, 1987. No other fees for the services described above in paragraph B shall be charged to the proponents of any such application.
G.
Resubmission or extension of preliminary plat:
1.
Resubmission. 10% of the original preliminary application fee but provided that it encompasses the same land as the original submission and further provided that the resubmission is filed within six months of the date of the last Planning Board action on the previous submission or if there was no Planning Board action then within six months of the previous submission.
2.
Extension. 10% of the original preliminary application fee for each extension.
H.
Resubmission of final plat: 10% of the original final application fee if it encompasses the same land as the original final subdivision plat and provided that the resubmission is filed within three years of the preliminary approval of the Planning Board.
I.
Certificate of approval and release of two-year maintenance bond: $25 fee for each lot shown on plat.
J.
Special meeting: Special meetings of the Planning Board or Zoning Board of Adjustment made at the request of any applicant or applicant's authorized representative shall require a fee of $250 to defray the costs of scheduling and holding such special meeting. This fee shall be in addition to all other fees and charges heretofore or hereafter established.
K.
Request to amend zoning map. Any person requesting a zone change shall do so on a Zone Change Request form available in the Township Clerk's office accompanied by a fee of $250. Any such request shall be submitted to the Township Clerk. Attached to the request shall be an appropriate scaled map identifying the area to be rezoned in specific relation to the neighborhood and to the entire Township. Zone boundary lines shall be provided for an area within 1,500 feet of the proposed zone change area. Other information to be submitted shall include the rationale why a zone change is requested and the basis for the change.
L.
In the event that the Planning Board or Board of Adjustment finds it necessary to obtain the advice or testimony of specialists or consultants in connection with an application, such specialists or consultants shall be compensated by the applicant as reasonably required by the Board. Advice or testimony of such consultants shall be given at the hearing with full right of cross examination afforded to the applicant.
§ LDO7-2.2 Inspection Fees.
A.
The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements; provided that the Township may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4. For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the developer, be added in two installments. The initial amount deposited by a developer shall be 50% of the reasonably anticipated fees. 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 Township Engineer for inspection, the developer shall deposit the remaining 150% of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees. 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 Township Engineer for inspection, the developer shall make additional deposits of 25% of the reasonably anticipated fees. The Township Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
B.
In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-35, the provisions of this section shall be applied by stage or section.
C.
Inspection fees shall be submitted prior to the signing of the construction drawings for a final site plan; prior to the signing of the final plat for major subdivisions and prior to signing the deeds for minor subdivisions in accordance with N.J.S.A. 40:55D-53h and 40:55D-53.1.
D.
All applicants or appellants other than a department board or agency of the Township shall pay the applicable fees unless such fee is specifically waived by the Township Committee. Such waivers shall only be considered for charitable or nonprofit organizations.
§ LDO7-2.3 Waiver of Certain Zoning Permit Fees for Disabled Persons.
A.
The fee for a zoning permit, which permit is required to be obtained prior to the issuance of a construction permit for reconstruction, alteration or improvement designed and undertaken solely to promote accessibility for a disabled person to an existing residence or any of the facilities contained therein, shall be waived for the disabled person or for his or her parent or sibling if the disabled person is a full-time resident at the residence for which the permit is sought.
B.
DISABLED PERSON – As used in this subsection shall mean a person who has the total and permanent inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, including blindness, and shall include, but not be limited to, any person who is disabled pursuant to the Federal Social Security Act (42 USC § 416), or the Federal Railroad Retirement Act of 1974 (45 USC § 231 et seq.), or is rated as having a 60% disability or higher pursuant to any federal law administered by the United States Veterans Act. For purposes of this paragraph "blindness" means central visual acuity of 20/200 or less in the better eye with the use of correcting lenses. An eye which is accompanied by a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20° shall be considered as having a central visual acuity of 20/200 or less.
§ LDO7-2.4 Waiver of Certain Fees for Nonprofit Organizations.
No charitable, philanthropic, fraternal or religious nonprofit organization holding a tax exempt status under the Federal Internal Revenue Code of 1954 (26 USC § 501 (c) or (d)) shall be required to pay any application or escrow fees imposed by this section.
§ LDO7-3.1 Performance Guarantees.
No final plat or final site plan shall be approved by the approving authority until all municipal improvements have been installed, inspected and certified as approved and conforming to the requirements of this Article and any other applicable law. No final plat or final site plan shall be approved unless all of the conditions of preliminary approval by the Township Engineer and the approving authority have been complied with and a maintenance guarantee has been filed and accepted by the Township Committee in accordance with the requirements of this section, or their installation shall have been provided for by a performance guarantee accepted and approved by the Township Committee in accordance with the requirements hereof.
The performance guarantee cost estimate shall be submitted to the approving authority by the Township Engineer as part of his report on final plat review. The performance guarantee cost estimate shall be based on the cost of installation of all municipal improvements required for final approval or for the issuance of a zoning permit as the case may be. In calculating such estimate, allowance shall be made for the cost of any prevailing wage determined pursuant to State and Federal law, and shall take into account improvements installed prior to application for approval that do not meet the standards of this Article or other regulations.
The proposed performance bond or guarantee required for final plat approval shall be submitted to the Township Engineer and Township Attorney for recommendations as to accuracy and form and then to the Township Committee for approval and acceptance by resolution. The Township Clerk shall immediately notify the approving authority and the Township Engineer when the performance guarantee has been approved and accepted by the Township Committee.
§ LDO7-3.2 Manner of Posting Performance Guarantee.
The total performance guarantee shall equal 120% of the performance guarantee cost estimate and shall include a time limit for the proper and complete installation of the improvements for which the guarantee is given. 10% of the performance guarantee shall be in cash. The remainder may be by certified check, surety bond or letter of credit. The surety bond or letter of credit must be issued by a company or a bank having an office within the State of New Jersey and must be in a form acceptable to the Township and must include a copy of the Township Engineer's performance guarantee cost estimate.
The portion of the performance guarantee consisting of cash or certified check shall be deposited with the Township by payment to the Township Treasurer who shall issue a receipt therefor.
This deposit shall be retained as security for the completion of all required work or in the event of default on the part of the developer, to be used by the Township to pay the costs of completing the improvements. If the required improvements are not completed or corrected in accordance with the performance guarantee and the standards of the Township within the stipulated time, the obligor and surety for any bond shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected; and upon authorization by the Township Committee, the Township Attorney shall take the necessary steps to obtain such cost from the obligor and surety. The Township may, without prejudice to its rights against the obligor and surety, complete such improvements either prior to or after receipt of the proceeds of the performance guarantee.
§ LDO7-3.3 Acceptance of Letter of Credit.
The approving authority shall accept a performance guarantee or maintenance guarantee which is an irrevocable letter of credit if it:
A.
Constitutes an unconditional payment obligation of the issuer running solely to the Township for an express initial period of time in the amount determined pursuant to N.J.S.A. 40:55D-53i;
B.
Is issued by a banking or savings institution authorized to do and doing business in this State;
C.
Is for a period of time at least two years; and
D.
Permits the Township to draw upon the letter of credit if the obligor fails to furnish another letter of credit which complies with the provisions of this section 30 days or more in advance of the expiration date of the letter of credit or such longer period in advance thereof as is stated in the letter of credit.
§ LDO7-3.4 Reduction in Performance Guarantee.
The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the Township Committee by resolution. As a condition to or part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the time of the passage of the resolution.
§ LDO7-3.5 Plans Required of Improvements and Utility Plan.
After completing the construction of the improvements covered by the performance guarantee, the subdivider shall prepare two sets of plans, one reproducible, of the improvements and utility plans and the profiles amended to read "as constructed" which shall be submitted to the Township Committee. Upon completion or substantial completion of all required or pertinent utility improvements, and the connection of the same to the public system, the obligor on the performance guarantee may notify the governing body in writing, by certified mail addressed in care of the Municipal Clerk of the completion or substantial completion of improvements and shall send a copy thereof to the Township Engineer. Thereupon the Township Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the Township Committee indicating either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.
§ LDO7-3.6 Township Committee to Report to Obligor Within 65 Days.
The Township Committee shall either approve, partially approve or reject the improvements, on the basis of the report of the Township Engineer and shall notify the obligor in writing, by certified mail, of the content of the report and the action of the approving authority with relation thereto, not later than 65 days after receipt of the required 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 that portion adequately sufficient to secure provision of the improvements not yet approved; provided that 30% of the amount of the total performance guarantee may be retained to insure completion of all improvements. Failure of the Township Committee 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 for such improvements.
§ LDO7-3.7 Rejection of Portion of Required Improvements.
If any portion of the required improvements is 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.
§ LDO7-3.8 Approval by Stages or Sections.
In the event that final approval is by stages or section of development, the provisions of this section shall be applied by stage or section.
§ LDO7-3.9 Public Use of Improvements.
To the extent that any of the improvements have been dedicated to the Township on the subdivision plat or site plan, the Township Committee shall be deemed, upon the release of any performance guarantee required pursuant to this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Township Engineer.
§ LDO7-3.10 Maintenance Guarantees.
No improvement shall be accepted by the Township Committee unless and until all the following conditions have been met:
A.
The Township Engineer shall have certified in writing that all the improvements are complete and that they comply fully with the requirements of this Article and of other applicable law.
B.
The subdivider shall have filed with the Township Committee a maintenance guarantee in an amount equal to not more than 15% of the performance guarantee cost estimate and shall run for a period of two years. The procedures and requirements governing such maintenance guarantees shall be identical with the procedures and requirements for a performance guarantee set forth in this section, except that no cash payment shall be required. The requirements for a maintenance guarantee may be waived by the Township Committee only if the Township Engineer has certified that the improvements have been in continuous use for not less than two years from the date the Township Engineer certified completion of such improvements and that during this period the subdivider has maintained the improvements in a satisfactory manner.
C.
No maintenance guarantees shall be accepted nor shall any partial facility be accepted for any item which has further stages or work to be completed or which will need to be altered or reworked in any manner due to the installation or connection of any other facility.
§ LDO7-3.11 Inspection of Utility Installations.
Electrical, gas, telephone and all other utility installations installed by utility companies shall be subject to the inspection requirements of the individual companies.
§ LDO7-3.12 Requirements for Issuance of Certificate of Occupancy.
Certification of occupancy shall be issued only when the installation of curbs, sidewalks, driveway aprons, utilities, functioning water supply and sewage treatment facilities, necessary storm drainage to insure proper drainage of the lot and surrounding land, rough grading of lots, soil stabilization, and base course for the street and driveway are installed to serve the lot and structure for which the certificate is required. It is permissible that streets not receive surface course paving until all heavy construction is completed. Shade trees shall not be planted until all grading and earth moving is completed. Seeding of grass areas shall be the final operation.
§ LDO7-3.13 Liability Not to Rest on Township.
Inspection by the Township Engineer of the installation of improvements shall not subject the Township to liability for claims, suits, or liability of any kind that may arise because of defects or negligence, it being recognized that the responsibility to provide proper utilities and improvements and to maintain safe conditions at all times on all parts of the tract whether construction is waiting to start, is in progress, or is completed, is not upon the Township Engineer.
§ LDO7-3.14 Deposit Required for Snowplowing of Streets.
Prior to final approval of a major subdivision the applicant shall deposit with the Township Clerk the sum of $1,500 for each mile of proposed street in the subdivision which will require snow plowing during the next winter. In the event the street improvements are not accepted by November 1 of the next or any subsequent calendar year, the applicant will deposit an additional sum of $1,500 for each subsequent winter during which the street will need to be snow plowed. In default of such snow plowing deposit, the final approval will expire. This nonrefundable deposit shall constitute full payment for the municipal snow plowing services.
§ LDO7-4 DEVELOPER'S AGREEMENT.
[Ord. No. 2000-840 § 1; Ord. No. 2001-849 § 1]
A.
Within 90 days of the adoption of the resolution granting final subdivision approval and prior to the execution of the final subdivision or site plan approval and prior to the execution of the final subdivision plat or site plan, there shall be executed and delivered to the Township an agreement between the applicant and the Township incorporating all of the terms and conditions of final approval. The agreement shall be drawn by the Township and shall be executed by the applicant. Legal fees associated with the preparation of negotiation of the agreement shall be paid by the applicant in accordance with the fee schedule established in subsection 7-2.1.
B.
Waiver of developer's agreement. If the resolution granting final subdivision or site plan approval neither necessitates the construction of nor otherwise impacts upon any off-site improvement or any improvement to be owned by a public entity, the Township Engineer may recommend in writing the waiver of a developer's agreement. The Township Committee, after receiving the Township Engineer's recommendation, may by resolution waive the requirement of a developer's agreement.
C.
Extension of developer's agreement. In the event that all of the improvements have not been installed within the time period set forth in the developer's agreement, the developer may request, in writing, to the Township Committee, a one-year extension of the time in which to complete all improvements. No more than two such extensions will be considered unless the developer demonstrates unusual circumstances beyond his control. Any request for an extension of the developer's agreement shall be accompanied by an application fee of $300 to cover the engineering and legal fees associated with the processing of the application.
§ LDO7-5 OFF-TRACT IMPROVEMENTS OTHER THAN SANITARY SEWER AND WATER IMPROVEMENTS.
A.
Pursuant to N.J.S.A. 40:55D-42, the following standards are hereby promulgated with respect to determining a developer's proportionate or pro-rata share for a required off-tract improvement. Prior to the granting of final approval of a subdivision or final site plan, the developer shall have installed or made cash payments, in the manner provided for below for the immediate or ultimate installation of any required off-tract improvement.
1.
Allocation of costs. The allocation of costs for off-tract improvements as between the developer, other property owners and the Township, or any one or more of the foregoing, shall be determined by the Planning Board with the assistance of the appropriate Township agencies on the basis of the total cost of the off-tract improvements, the increase in market values of the property affected and any other benefits conferred, the needs created by the application, population and land use projections for the general area of the developer's property and other areas to be served by the off-tract improvements, the estimated time of construction of the off-tract improvements and the condition and periods of usefulness. The following criteria may also be considered as well as any other reasonable criteria which would aid in said determination:
(a)
Street, curb, gutter, sidewalk, shade trees, street lights, street signs and traffic light improvements may also be based upon the anticipated increase of traffic generated by the application. In determining such traffic increase, the Planning Board may consider traffic counts, existing and projected traffic patterns, quality of roads and sidewalks in the area and other factors related to the need created by the application and the anticipated benefit thereto.
(b)
Drainage facilities may also be based upon or be determined by the drainage created by or affected by any particular application considering: (a) the percentage relationship between the acreage of the application and the acreage of the total drainage basin; (b) the use of a particular site and the amount of area to be covered by impervious surfaces on the site itself; and (c) the use, condition or status of the remaining area of the drainage basin.
2.
Improvements to be constructed at the sole expense of the developer. In cases where there is a reasonable and necessary need for an off-tract improvement or improvements necessitated or required by the proposed development application and where no other property owners receive a special benefit thereby, the Board may require the applicant, as a condition of approval and at the developer's expense, to provide for and construct such improvements as if such were on-tract improvements in the manner provided hereafter and as otherwise provided by law.
3.
Other benefiting properties.
(a)
In cases where the need for any off-tract improvement is necessitated by the proposed development and where the Board determines that properties outside the development will also be benefited by the improvement, the Board shall forthwith forward to the Township Committee a list and description of all such improvements together with a request that the Township Committee determine and advise the Board of the procedure to be followed in the construction or installation thereof. The Board shall act upon the development application within the prescribed time period subject to (a) receipt of the Township Committee's determination; or (b) until the expiration of 45 days after forwarding such list and description to the Township Committee without such determination having been made.
(b)
The Township Committee, within 45 days after receipt of said list and description shall determine and advise the Board whether:
(1)
The improvement or improvements are to be constructed or installed by the municipality:
[a]
As a general improvement, the cost of which is to be borne at general expense (except as hereinafter otherwise provided as to contribution thereto by the applicant); or
[b]
As a local improvement, all or part of the cost of which is to be specially assessed against property benefited thereby in proportion to the benefits conferred by the improvements in accordance with law (except as hereinafter otherwise provided as to a contribution thereto by the applicant); or
(2)
The improvement or improvements are to be constructed or installed by the applicant under a formula for partial reimbursement as hereinafter set forth.
(c)
If the Township Committee shall determine that the improvement or improvements shall be constructed or installed as a general improvement under paragraph 3(b)(i)[a], the Board shall estimate, with the aid of the Township Engineer or such other persons as have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the proposed development, will be specially benefited thereby. The developer shall be liable to the municipality for such excess and shall pay to the municipality said excess as hereinafter set forth. Further, the Township Committee may adopt an ordinance authorizing and providing for the financing of the improvement or improvements in a manner consistent with the obligation of the developer for any excess of total cost over total benefits conferred as set forth above.
(d)
If the Township Committee shall determine that the improvement or improvements shall be constructed or installed as a local improvement under paragraph 3(b)(i)[b] hereinabove, the Board shall estimate the difference between the total cost to be incurred and the total amount by which all properties to be benefited, including the development property, will be specially benefited by the improvement. The developer shall be liable to the Township, as above provided, as well as for the amount of any special assessments against the development property for the benefits conferred by the improvement or improvements to be paid to the Township as hereinafter set forth. Further, the Township Committee may adopt an ordinance authorizing and providing for the financing of the improvement or improvements and the assessment of benefits arising therefor in a manner consistent with the obligation of the developer.
(e)
If the Township Committee shall determine that the improvement or improvements are to be constructed or installed by the applicant as a general improvement, the Board shall, in like manner, estimate the amount of the excess of total cost over total benefits conferred in accordance with this section and the developer shall be liable to the Township therefor, as well as for the amount of any special assessments against the development property for benefits conferred by the improvement or improvements. However, the developer shall be entitled to be reimbursed by the Township for the amount of any special assessments against property other than the development property for benefits conferred by the improvement or improvements. Such reimbursement to be made if, as and when the special assessments against such other property are received by the Township. Further, the Township Committee may adopt an ordinance authorizing and providing for the assessment against all property including the development property of benefits conferred by the improvement or improvements and proceedings under said ordinance shall be in accordance with law. However, any such assessment against the development property shall be marked, "paid and satisfied" in consideration of the construction or installation of the improvement or improvements by the applicant.
4.
Payment of allocated costs.
(a)
Form. In the event that the improvement required shall be constructed as a general or a local improvement, the estimated cost of the off-tract improvement allocated to the applicant shall be deposited with the Township in the form of cash. Said deposit shall be paid by the subdivider to the Township Treasurer who shall provide a suitable depository therefor, and such funds shall be used only for the off-tract improvements for which they are deposited or shall be refunded to the subdivider as hereinafter set forth.
(b)
Amount.
(1)
When the manner of construction has been determined to be as a general or a local improvement the applicant shall be required to provide, as a condition for final approval of the subdivision or site plan, a guarantee as hereinabove set forth to the Township of one of the following amounts:
[a]
If the improvement is to be constructed by the municipality as a general improvement, a cash guarantee in the amount of the excess of the estimated cost of the improvement over the estimated total amount by which all parties, including the development property, will be specially benefited.
[b]
If the improvement is to be constructed by the municipality as a local improvement, cash in the amount referred to in the preceding subsection, plus the estimated amount by which the development property will be specially benefited by the improvement.
(2)
When the improvement is to be constructed by the applicant either under paragraph 2 above or under paragraph 3(b)(i)[a] above, the developer shall be required to provide, as a condition for final approval of the subdivision or site plan, a performance guarantee not to exceed 10% cash in an amount equal to the estimated cost of the improvement.
5.
Deposit of funds. All funds paid by an applicant pursuant to this ordinance shall be used only for the improvements for which they are deposited or improvements serving the same purpose.
6.
Redetermination of assessment upon completion of improvements. Upon completion of off-tract improvements required pursuant to this ordinance, the developer's liability hereunder shall be recalculated in accordance with the actual as compared with the estimated cost of the improvements. To the extent that such recalculation shall increase the amount of any cash deposit made by the applicant hereunder, the applicant shall forthwith pay the amount of such increase to the municipality. To the extent that it shall decrease the amount thereof, the Township shall refund the amount of such decrease to the applicant. In cases where improvements are specially assessed against all benefited properties, recalculation shall be made by the Township assessing authority in the course of the special assessment proceedings. In other cases, it shall be made by the Township Engineer or such other persons as have pertinent information or expertise with respect thereto.
B.
Omissions. Omissions from the bond of any improvement will in no way be construed as to relieve the developer from his legal obligation to conform to the required improvements as provided for in this Article.
C.
Certification. Prior to the final acceptance of any of the required improvements by the Township, the subdivision owner or owners shall have submitted satisfactory affidavits certifying that no unpaid bills, liabilities or liens against such improvements and installations are outstanding.