Cranford City Zoning Code
ARTICLE III
Development Procedures
§ 255-17 Application for development.
A.
General.
(1)
Approval of an application for development is required before the development, as defined in § 255-1, of any land or before any change of occupancy for which a zoning permit would be required but cannot be issued pursuant to § 255-15, provided that subdivision or individual lot applications for detached one- and two-dwelling-unit buildings shall be exempt from site plan review and approval. The Zoning Officer may waive site plan approval and certify zoning compliance for the issuance of a zoning permit pursuant to § 255-15 where the proposed development or change of occupancy or change of use does not affect or increase circulation, drainage, relationships of buildings to each other, landscaping, buffering, lighting, parking requirements, or any other considerations of site plan review.[1]
(2)
Informal review with technical personnel. Before filing a formal application in accordance with the procedure set forth in this article, applicants are encouraged to meet with the Township's technical personnel, including the Township Engineer, Construction Official and Fire, Police and Health Departments, where appropriate, prior to submitting a formal application for development. The purpose of the informal meetings is to make the applicant aware of the specific requirements applicable to the area or type of development being considered.
(3)
Informal review with Planning Board. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The developer shall not be required to submit any fees for such an informal review. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.
(4)
Complete application.
(a)
An application is required for the development of any land. Said application, together with the required fees and all exhibits required in Article IV, shall be submitted to the Zoning Officer. The Zoning Officer shall review the application to determine its completeness, determine the type of development action required, and forward the application to the proper board or agency for subsequent action. An application shall be certified as complete immediately upon the meeting of all requirements specified in this chapter and all rules and regulations of the Boards. It shall be deemed complete as of the day it is so certified by the Zoning Officer for purposes of the commencement of the time period for action by the Boards.
(b)
If found to be incomplete, the application shall be returned to the applicant within 45 days of submission with information as to what is lacking, as per N.J.S.A. 40:55D-10.3 and in accordance with Subsection A(4)(c).
(c)
Determination of completeness no bearing on merits. A determination of completeness, pursuant to the terms and conditions hereof, is in no way to be interpreted or understood as an evaluation of the adequacy or acceptability of the information submitted and shall not be construed as diminishing the applicant's obligation to prove in the application process that he/she is entitled to approval of the application.
(d)
Checklist for completeness.
[1]
Authority. This subsection is adopted pursuant to the authority granted the Township under N.J.S.A. 40:55D-10.3.
[2]
Applicability. The checklist shall apply to all applications for development in all zones within the Township.
[3]
Checklist. For the purposes of determining that an application for any development within the Township is complete, pursuant to the terms of N.J.S.A. 40:55D-10.3, an applicant shall be required to furnish the following information, documents and fees:
[a]
A completed application form, as supplied by the Zoning Officer, containing full and complete responses and answers to all requirements and questions contained thereon.
[b]
All required fees and charges pursuant to a schedule of fees to be supplied to the applicant by the Zoning Officer.
[c]
Certificate of Tax Collector that all property taxes have been paid.
[d]
An appropriate sketch plat, subdivision map or site plan, prepared in accordance with the terms and conditions of the appropriate Township ordinances, as follows:
[i]
Preliminary and final minor and major subdivisions. Any application for a minor subdivision or a major subdivision, either preliminary or final, presented to either the Zoning Board of Adjustment or the Planning Board, shall comply with all of the terms and conditions of this chapter, and subsequent amendments thereto, and all of the terms and conditions of any other applicable ordinance of the Township.
[ii]
Preliminary and final site plans. Any application for a preliminary or final site plan, presented to either the Zoning Board of Adjustment or the Planning Board, shall comply with all of the terms and conditions of this chapter, and amendments thereto, and all of the terms and conditions of any other applicable ordinance of the Township.
[iii]
Variances, use variances, and conditional uses. All applications for variances, use variances and/or conditional uses shall comply with the various and miscellaneous sections of this chapter, and amendments thereto, as may be required, depending upon the nature of the variance, use variance or conditional use requested, and all of the terms and conditions of any other applicable ordinance of the Township.
(e)
In addition to any and all of the items as set forth under Subsection A(4)(d) above, each applicant before the Zoning Board of Adjustment or Planning Board is required to comply with all of the submission requirements contained within a document known as the "Township of Cranford Land Development Checklist," setting forth separate submission requirements with the corresponding designation as to which items contained on the checklist will be required for proposed development applications dependent upon the following designation:
[1]
List of required items for all applications submitted to the Planning Board and Zoning Board of Adjustment.
[2]
List of required items for applications appealing the Zoning Officer's determination.
[3]
List of required items for requesting an interpretation of this chapter.
[4]
List of required items for "c" variance relief and design waiver applications pursuant to N.J.S.A. 40:55D-70c.
[5]
List of required items for "d" (also known as "use") variance applications pursuant to N.J.S.A. 40:55D-70d.
[6]
List of required items for applications for approval of all conditional uses as stated in § 255-39 of this chapter.
[7]
List of required items for preliminary major and minor subdivision applications as defined in § 255-1B(2) of this chapter.
[8]
List of required items for major and minor final subdivision applications as defined in § 255-1B(2) of this chapter.
[9]
List of required items for all major and minor preliminary site plan applications.
[10]
List of required items for applications for major and minor final site plan approval.
(f)
The land development checklist must be completed by each applicant and submitted, together with all other items required for land development applications, before the Zoning Board of Adjustment or Planning Board.
(g)
The Zoning Board of Adjustment and Planning Board may require an applicant to submit information in addition to that contained on the checklist depending upon unique conditions that may exist on each property for which a development application is submitted.
(h)
In addition to the items set forth on the checklist, any application for development shall be subject to any rule, regulation or procedure, as adopted from time to time, by either the Zoning Board of Adjustment or Planning Board, copies of which shall be supplied to the applicant along with the application form.
(5)
Additional information. The Planning Board or Board of Adjustment may require such additional information not specified in this chapter or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Boards.
B.
Routing.
(1)
Board of Adjustment. All complete applications requiring Board of Adjustment approval shall be referred to the Development Review Committee and the Board by the Zoning Officer.
(2)
Construction Official. All complete applications which do not require action by the Board of Adjustment or Planning Board shall be referred to the Construction Official for action.
(3)
Planning Board. All other complete applications for development shall be referred to the Development Review Committee and Planning Board by the Zoning Officer.
§ 255-18 Planning Board action.
A.
General. The applicant or his agent shall appear at all regular meetings of the Planning Board whenever the application is being considered. Failure to appear shall give the Planning Board the right to postpone action on the application if the applicant's or the agent's absence deprives the Planning Board of information necessary to make a decision.
B.
Application for a major development.
(1)
Preliminary approval.
(a)
If the application is found to be a major development, the Planning Board shall schedule a public hearing, and the applicant shall be responsible for providing notice as set forth in Article II, § 255-4I. At the public hearing, the applicant shall submit to the Board a copy of the advertisement required under Article II, § 255-4I(1); an affidavit of notice of public hearing to persons served; an affidavit of ownership or authorization of owner to submit application; a map showing all properties within 200 feet as required in Article II, § 255-4I(7); and a letter from the Tax Collector that all taxes and easements for local improvements have been paid to date on the property.
(b)
At the public hearing, the Planning Board shall consider the application as submitted, the recommendations and comments of all agencies to which the application was referred and those of the public and shall take action within 95 days of the submission of a complete application or within such further extension agreed to by the applicant. If the application is for a site plan which involves 10 acres of land or less, and 10 dwelling units or fewer, or if the application is for a subdivision of 10 or fewer lots, the Planning 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. The Planning Board shall reject the application for development, grant preliminary approval or grant conditional preliminary approval. Preliminary approval shall confer upon the applicant those rights set forth in N.J.S.A. 40:55D-49.[1]
(2)
Final approval.
(a)
Within three years from the date of preliminary approval or within such extension as allowed by N.J.S.A. 40:55D-49, the applicant may apply for final approval in the manner set forth in § 255-17A of this article.
(b)
The final plan shall incorporate all changes or modifications required by the Planning Board. The applicant shall submit an affidavit indicating that no changes were required or specifying the changes that have been made and the reasons for the changes.
(c)
In addition to the exhibits required in Article IV and any other exhibits which may have been required as a condition of preliminary approval, the following materials shall accompany the application for final approval:
[1]
A letter from the Township Engineer indicating:
[a]
That the Engineer is in receipt of a map showing all utilities in exact location and elevation, identifying those portions already installed and those to be installed.
[b]
That the applicant has either completed the installation of all improvements in accordance with the requirements of this article or posted with the Township Clerk a performance guaranty in an amount sufficient to cover the cost of all improvements or uncompleted portions thereof, as estimated by the Township Engineer, and assuring the installation of such improvements on or before an agreed date.
[c]
All items and amounts required for the corporate surety maintenance guaranty.
[d]
That the final plan conforms to the preliminary plan as submitted and approved.
[2]
A letter from the Township Tax Collector that all taxes and assessments for local improvements have been paid to date on the property.
[3]
A letter from the Township Clerk indicating:
[a]
That the amount, form and content of the performance and maintenance guaranties have been accepted by the governing body.
[b]
Where appropriate, that moneys as required by this chapter have been paid the Township as reimbursement for construction inspection costs incurred since preliminary approval.
(d)
The Planning Board shall act within 45 days of submission of a completed application or within such further time as may be mutually agreed upon. Failure of the Planning Board to act within the allocated time or a mutually agreed upon extension shall be deemed to be favorable approval, and the Township Clerk shall issue a certificate to that effect.
(e)
If the application for development is a subdivision, the plan granted final approval shall be filed by the applicant with the county recording officer within 95 days from the date of such approval. If any final plan is not filed within that period, the approval shall expire. For good cause, the Planning Board may extend the time of the filing of the plan for an additional period not to exceed 190 days.[2]
(f)
The granting of final approval shall confer upon the applicant those rights set forth in N.J.S.A. 40:55D-50 and shall terminate the time period of preliminary approval for that part of the development for which final approval has been granted.
C.
Application for preliminary and final approval. Combined preliminary and final approval may be granted, provided that all submission requirements for both approvals are met. The time limit within which the Board shall act shall be the longest permitted for either of the two approvals.
D.
Application for a minor development.
(1)
If the application is to be a minor development, the Planning Board shall reject, approve or conditionally approve the application within 45 days of the submission of a complete application. The approval of the Planning Board on a minor subdivision shall be considered a final approval.
(2)
All submission requirements and procedures required for a major development shall be required for a minor development except that public notice of the hearing need not be issued.
§ 255-19 Board of Adjustment action.
If the Zoning Officer determines that the application requires action by the Board of Adjustment, it shall be forwarded to the Board of Adjustment, and the applicant shall be responsible for providing notice as set forth in Article II, § 255-4I. The Board of Adjustment shall refer the application to those agencies required to review the application and any other agency which it feels may assist it in its deliberations. If the application is for site plan approval, the Board of Adjustment shall refer the site plan to the Planning Board for its review and nonbinding recommendations, which shall be returned to the Board of Adjustment within 14 days of referral.
§ 255-20 Exceptions and waivers. [1]
A.
Applications may be made to the Planning Board for exceptions from all the provisions of this chapter which pertain to preliminary site plan approval or preliminary or minor subdivision approval, except for those procedures or requirements set forth in Article V, Zoning, and those procedures or requirements set forth in the Municipal Land Use Law.
B.
Applications may be made to the Board of Adjustment for waivers from the requirements of parking, signs or fences as set forth in Article IV, Development Requirements and Standards, which are not part of any application for site plan or subdivision approval.
C.
All applications for exceptions and waivers shall be submitted to the Zoning Officer, who shall forward them to the Development Review Committee for nonbinding recommendations.
§ 255-21 Performance guaranties.
A.
General. No application shall be granted final approval by the Board until the completion of all required improvements has been certified in writing to the Board by the Township Engineer, unless the applicant shall have filed with the Township a performance guaranty. The performance guaranty shall be sufficient to cover all the costs of such improvements or incomplete portions thereof as estimated by the Township Engineer and shall assure the installation of such incomplete improvements on or before an agreed date in accordance with the time set forth Subsection C below. An additional amount of 20% of the estimate of the Engineer shall be included in the total amount of the performance guaranty to cover legal, engineering and other costs in the event that the applicant shall fail to complete the required improvements and the Township is required to install the improvements.
B.
Type of guaranty. At least 10% of the performance guaranty shall be in cash deposited with the Township. Such cash shall be deposited to the credit of the Township and may be usable at any time in the event of the nonperformance of the applicant. Any interest earned by the Township on said cash deposit shall inure to the benefit of the applicant. The remaining portion of the performance guaranty shall be issued by a bonding or surety company authorized to do business in the State of New Jersey as approved by the Township Attorney.
C.
Time of guaranty. Performance guaranties shall run for terms not to exceed 24 months. Performance guaranties with the consent of the principal and surety, if there is a surety, may be extended by the governing body by resolution for an additional period not to exceed 18 months.
D.
Township completion. If the required improvements have not been installed in accordance with the standards and specifications of the Township within the time limit or extension thereof as described in Subsection C above and in the requirements of the performance guaranties, the obligor and surety shall then be liable to the Township for all reasonable costs of the improvements not installed. Upon receipt of the proceeds, the Township shall install such improvements and/or may use such portions of said performance guaranties as have been deposited in cash with the Clerk to assure the completion of said improvements in accordance with the terms of this article and any applicable agreement.
E.
Acceptance of performance bond by the governing body.
(1)
Before accepting a performance bond, the governing body shall have the following:
(a)
A letter from the Township Engineer stating that the proposed bond covers all the items required by the Planning Board with a list of the items and costs. The letter should also state that the plans and specifications meet all applicable Township ordinances.
(b)
A letter from the Township Attorney approving the performance guaranty as to form and amount.
(2)
After approval and acceptance of the performance guaranty by the governing body, a letter stating that fact shall be sent to the Planning Board before the Planning Board shall sign the final plats for filing with the county.
F.
Release of performance guaranty. The procedures established in N.J.S.A. 40:55D-53 shall govern the release of performance bonds. Before the governing body releases any guaranties, or portions thereof, the following items shall be submitted to the governing body:
(1)
As-built plans and profiles of all utilities and roads, with a certification by the applicant's engineer as to the actual location and construction.
(2)
A statement or affidavit from the developer that there are no liens or other legal encumbrances on any of the improvements or utilities proposed to be deeded to the Township.
(3)
A statement from the Township Engineer that all utilities and improvements required by the Planning Board have been installed and completed in accordance with applicable Township ordinances.
(5)
Deeds, free and clear of all encumbrances, for all streets, public easements, drainage and conservation easements, other lands dedicated to public use and any improvements to be dedicated or deeded to the Township or other public agency.
§ 255-22 Maintenance bond.
All improvements required by the Planning Board shall, before being accepted by the Township, be covered by a maintenance bond running in favor of the Township of Cranford in the amount of 15% of the estimated cost of the improvements as estimated by the Township Engineer. Said maintenance bond shall run for a period of two years and provide for the proper repair and/or replacement of any such improvements during said period. The two-year period shall be from the date of the acceptance of the improvements by the Township, and no performance guaranty shall be released by the Township until such time as the maintenance bond herein required has been posted with the Township.
§ 255-23 Acceptance of improvements.
A.
The governing body shall not accept any road or other improvements into the municipal road system or for municipal ownership until the maintenance bond has been posted and all deficiencies are corrected or repaired. The Township may, however, undertake to remove snow and perform other municipal services as may be required on the roads prior to final acceptance, if the applicant presents a written request to the governing body and agrees in said request to hold the Township harmless for any damages to the roads or public improvements caused by snow removal or other municipal activities.
B.
The governing body need not accept any roads or other improvements if the roads or other improvements will be used by the developer to complete other portions of the development.