Eagleswood City Zoning Code
ARTICLE V
Site Plan Approval
§ 295-34 Site plan approval required.
[Amended 9-8-1987 by Ord. No. 12-87; 6-11-1991 by Ord. No. 6-91]
A.
Except as hereafter provided under Subsection B, Exemptions, no zoning permit or building permit shall be issued for any of the following unless and until final site plan approval is granted by the Land Use Board:[1]
(1)
The construction of any new structure.
(2)
The construction of any addition to an existing structure which increases the size of that structure.
(3)
Any change of use of land or structures.
(4)
Any interior alterations which, pursuant to any provision of this chapter, increase the required number of off-street parking spaces.
(5)
The construction or addition of any off-street parking area which provides for an increase of six or more parking spaces or requires any new drainage facilities as determined by the Municipal Engineer.
(6)
The alteration of an existing structure to add one dwelling unit above a nonresidential use, where permitted.
B.
Exemptions. Notwithstanding the provisions of Subsection A, site plan approval shall not be required for the following:
(1)
Home Occupation: Level I.
[Amended 5-15-1997 by Ord. No. 8-97]
(2)
Interior alterations which do not increase the required number of parking spaces.
(3)
Any change of use of land or structure to a use which the standards of this chapter are the same or less restrictive or stringent.
(4)
Construction or installation of underground facilities which do not alter the general use, appearance or grade of the site, provided that the underground installation of fuel oil tanks or tanks for the storage of flammable or combustible liquids or materials shall be approved by all appropriate officers or agencies having jurisdiction.
(5)
The construction, alteration or addition to any off-street parking area which provides an increase of five or less parking spaces, which requires no new drainage facilities, and provided that the site has a previously-approved site plan and provided that only one exemption pursuant to this section shall be permitted for each parcel based on the approved site plan. Any additional expansion over the minimum five spaces shall require site plan approval.
(6)
Exterior renovations, alterations or reconstruction, including the foundation to a structure, which do not increase the areas of the structure.
[Amended 2-15-1996 by Ord. No. 6-96]
(7)
Storage sheds not larger than 200 square feet with an external height limit not to exceed 12 feet to be used for storage purposes only. Not more than two storage sheds per lot with a combined storage of not more than 200 square feet total per lot are permitted.
[Added 5-15-1997 by Ord. No. 8-97]
(8)
Trash enclosures without a roof and not more than six feet in height, provided said enclosure is located not closer to the front property line and the front setback or the front line of the existing principal building, whichever is less, and further provided that the trash enclosure is a maximum of 10 feet by 10 feet in area.
[Added 5-15-1997 by Ord. No. 8-97]
C.
Site plan waiver. The Board, in its discretion, may grant a waiver from the requirements for the site plan approval for those applications for home occupations or home professional offices, as defined, which are permitted by this chapter and which, in addition, meet the following conditions:
(1)
All conditions of the relevant home occupations or home professional office section which permit the use must be met.
(2)
That portion of the structure proposed to be utilized for the home occupation or home professional office shall be less than 500 square feet in area.
(3)
The delivery of any materials, products or items utilized in conjunction with the home occupation or home professional office shall not be permitted by any articulated vehicles.
(4)
The proposed home occupation or home professional office will be conducted within a building which shall maintain the exterior appearance of a residence as well as the primary use as a residence, and the type of construction utilized shall not be inharmonious to the residential character of adjacent structures and the neighborhood and shall not include storefront type of construction. Garage doors larger than needed for passenger vehicles or light commercial vehicles or unfinished concrete blocks or cinder block wall surfaces shall not be permitted.
(5)
In the event of approval of the request for a waiver pursuant to this section, the applicant shall be exempt from that portion of the fees for site plan approval which are designated as escrows but not for the fees for the conditional use application which is a requirement of all home occupations or home professional offices in Eagleswood Township.
(6)
Notwithstanding any of the above, if the Board shall find from the information presented with the conditional use application or at the hearing of the matter that it is necessary for the protection of the public health, safety and welfare, the Board may require a major or minor site plan or impose such conditions as it finds necessary for the protection of the public health, safety and welfare.
D.
No certificate of occupancy shall be given unless construction conforms to the approved plan.
§ 295-35 Site plan approval procedure.
[Amended 9-8-1987 by Ord. No. 12-87; 8-9-1988 by Ord. No. 21-88]
A.
Preliminary site plan approval procedure.
[Amended 12-13-1988 by Ord. No. 28-88; 6-19-1997 by Ord. No. 10-97; 2-23-2004 by Ord. No. 04-5; 3-27-2006 by Ord. No. 2006-7; 12-18-2006 by Ord. No. 2006-28; 1-26-2015 by Ord. No. 2015-01]
(1)
Application requirements. All applications for preliminary site plan approval shall be submitted at least 28 days prior to the regularly scheduled meeting of the Land Use Board at which consideration is sought. Prior to the issuance of a certificate of completeness and/or the scheduling of the required public hearing before the Land Use Board, the Land Use Board Engineer shall determine that the following has been submitted in proper form:
(a)
Thirteen prints of a preliminary and final site plan prepared in accordance with the provisions of Subsection A(2).
(b)
Thirteen completed copies of the preliminary and final major site plan application form.
(c)
Required application fees.
(d)
Thirteen sets of the architectural plans and elevations, including color renderings.
(e)
Thirteen copies of the Tax Map sheet with block and lot highlighted.
(f)
Thirteen copies of permit refusal from Zoning/Code Enforcement Officer, if applicable.
(g)
One copy of proof of payment of property taxes.
(h)
One copy of Professional List.
(i)
One copy of W-9 Form.
(j)
One copy of affidavit of ownership or one copy of disclosure of ownership (partnership, corporation or joint venture).
(k)
One copy of affidavit of noncollusion.
(l)
One copy of consent of owner where applicant does not own property that is the subject of application.
(n)
Proof of application to the Ocean County Planning Board.
(o)
Proof of application to the Eagleswood Municipal Utility Department (MUD) for approval of sanitary sewer or water facilities, if applicable.
(p)
Proof of application for NJDOT stream encroachment, CAFRA, wetlands or waterfront development permit(s), if applicable.
(q)
Issuance of a certificate of filing from the Pinelands Commission, if applicable.
(r)
Written requests for the granting of any variances and/or design exceptions.
(2)
Plat detail requirements. The submitted preliminary site plan shall be drawn, signed and appropriately sealed by an architect, professional engineer, surveyor and/or planner, licensed by the State of New Jersey; provided, however, sanitary sewer, water distribution and storm drainage plans must be signed and sealed by a professional engineer. The site plan shall be based upon a current certified boundary survey, shall not be drawn at a scale smaller than 100 feet to the inch and no larger than 10 feet to the inch unless authorization from the Land Use Board Engineer is given, and shall contain the following information:
(a)
Current property survey upon which the site plan is based, no more than one year old and based on New Jersey State Plane Coordinates.
(b)
Name of development, if applicable.
(c)
Tax Map sheet, block and lot designation of the site as shown on the most current Township Tax Map; the date shall also be shown.
(d)
Date of original and all revisions.
(e)
Name and addresses of owner(s) and developer, so designated.
(f)
Name(s), signature(s), address(es) and license number(s) of engineer, architect, land surveyor or planner who prepared the plan and his embossed seal.
(g)
All sheets shall be numbered and titled, if plan contains more than one sheet.
(h)
A schedule shall be placed on the site plan indicating acreage of the tract and the acreage of the tract involved in the site plan; the floor area of the existing and proposed building, listed separately; the proposed use or uses and the floor area devoted to each use; the zone in which the site is located and the zone minimum lot requirements; proposed and required lot dimensions, front, rear and side setbacks; proposed and required off-site parking and square footage and percent of the site to be retained as open space.
(i)
North arrow reference meridian, written and graphic scale.
(j)
Sufficient spot elevations (NAVD 1988) and/or contour lines to indicate the proposed drainage system and the relationship to the existing grading of the site and the surrounding area.
(k)
The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated, or the limits of the alluvial soils where the boundaries of the floodways and flood hazard areas have not been determined, and/or such other information as may assist the Land Use Board in the determination of floodway and flood hazard area limits.
(l)
Paving and right-of-way widths of existing and proposed streets adjacent to the site.
(m)
The boundary, nature and extent of wooded areas, swamps, bogs and ponds within 100 feet of the site.
(n)
Existing and proposed manholes, sewer lines, waterlines, fire hydrants, utility poles or underground lines, and all other topographical features of a physical or engineering nature within the site and within 100 feet thereof.
(o)
Location, use, finished grade level, ground coverage, first floor and basement elevations, front, rear and side setbacks of all existing buildings, and other pertinent improvements.
(p)
Existing and proposed public easements on rights-of-way and the purpose thereof.
(q)
A key map at a scale of no less than 2,000 feet to the inch, showing the site with reference to the surrounding areas, existing streets, and zone boundaries or Township boundaries that are within 500 feet of the site.
(r)
Zone boundaries and Tax Map sheet, lot and block numbers, and names of owners of all properties within 200 feet of the site.
(s)
The capacity of off-street parking and the location and dimensions of all access drives, aisles and parking stalls.
(t)
The location and size of proposed loading docks, where applicable.
(u)
Location of curbs and sidewalks.
(v)
A cross section(s) showing the composition of pavement area, curbs, sidewalks.
(w)
Exterior lighting plan, including the location and direction of illumination, levels of illumination, expressed in horizontal footcandles, and drawn details of all outdoor lighting standards and fixtures.
(x)
Landscaping and screening plan showing the location, type, spacing and number of each species to be utilized, and planting descriptions shall be in the form of a schedule and include names of plant species. Specific design details shall be indicated on the plat along with any additional descriptive notes. For applications in the Pinelands Area, landscaping plans shall incorporate the elements set forth in § 295-71B(4).
(y)
Location of signs and details, drawn to show size, type, height, content and nature of construction of all signs.
(z)
Drawn details of the type of screening to be utilized for refuse storage areas, bulk storage areas and outdoor equipment areas.
(aa)
Floor plans and building elevation drawings, including color renderings, of any proposed structure or existing structures proposed for architectural modification.
(bb)
A grading plan showing existing and proposed grading contours at one-foot intervals; except if slopes exceed 5%, a two-foot interval system, and if the slopes exceed 10%, a five-foot interval system may be used. Data collection shall be based on the United States Coast and Geodetic Survey Data (MSL = 0), and the source of data shall be noted.
(cc)
On-site grading plan shall be indicated and presented in graphic form which shall clearly show the street and lot layout and those systems pertinent to drainage, including existing and proposed grading as so noted above.
(dd)
Drainage plans shall be accompanied by plans and profiles of all proposed drainage and sanitary sewer facilities, including, where applicable, typical details, pipe sizes, types, inverts and grate or rim elevations and slopes.
(ee)
Any off-site drainage plans shall include complete drainage calculations and pertinent details as determined by the Land Use Board Engineer.
(ff)
Borings. Unless the Land Use Board Engineer shall determine in advance that fewer boring logs are required or that some or all of the boring logs may be deferred to the final approval, the site plan shall be accompanied by a set of boring logs and soil analyses for borings made in accordance with the following requirements:
[1]
Borings shall be spaced evenly throughout the site.
[2]
One boring not less than 15 feet below grade or 20 feet minimum depth shall be made for every five acres, or portion thereof, of land where the water table is found to be 10 feet or more below proposed or existing grade at all boring locations.
[3]
One additional boring shall be made per acre, or portion thereof, in those areas where the water table is found to be less than 10 feet below proposed or existing grade.
[4]
Boring logs shall show soil types and characteristics encountered, groundwater depths, and the name of the person in charge of the boring operation. The boring logs shall also show surface elevations.
[5]
Based on the borings, the site plan shall clearly indicate all areas having a water table within two feet of the existing surface of the land or within two feet of proposed grade, or all areas within which two feet or more of fill is contemplated or has previously been placed.
(gg)
Location of handicapped facilities, including parking spaces, entrance ramps and drop curbs and dimensions of same.
(hh)
Where required by the Land Use Board Engineer, center-line profiles of streets adjacent to the site, internal roadways and major circulation aisles showing existing and proposed final grades and slopes and pipe sizes, types, inverts and grate or rim elevations of drainage and sanitary sewer facilities.
(ii)
Typical details of all proposed improvements, as applicable.
(jj)
Such other information as the Land Use Board and/or Land Use Board Engineer may request during site plan review.
(kk)
It is recognized that in certain instances the uniqueness of a particular proposal may require the waiver of some of the information required herein. The Land Use Board may consider and for cause shown may waive strict conformance with such of these plat map details and other engineering documents as it sees fit. Any developer desiring such action should present with his application for development a listing of all such waivers desired, together with the reasons therefor.
(3)
Submission and distribution of application.
(a)
The applicant is required to distribute the application as follows:
[1]
One copy of the application to the Township Engineer;
[2]
One copy of the application to the Township Planner;
[3]
One copy of the application to the Land Use Board Attorney;
[4]
Two copies of the application to the Environmental Commission; and
[5]
Thirteen copies of the application to the Land Use Board Secretary.
(b)
A list of the Land Use Board professionals and their mailing addresses will be provided to the applicant. The applicant shall also submit an affidavit attesting to the fact that he has distributed the applications as required by this section.
B.
Effect of preliminary site plan approval. Approval of a preliminary site plan shall confer upon the applicant all the rights set forth in N.J.S.A. 40:55D-49. Preliminary approval shall not confer upon the developer the right to undertake any clearing, grading and/or to install any improvements prior to final approval unless it shall be determined by the Land Use Board and the Township Engineer that said clearing, grading and/or installation of improvements would not hinder future development or create physical or aesthetic problems in the event that further development of the site plan is not undertaken and that required inspection fees have been paid, and adequate performance guarantees have been posted to provide for the cost to the Township of performing work that may be necessary to protect adjacent property owners and the public interest in the event that such clearing, grading and/or installation of improvements is not completed and/or further development of the site is not undertaken. Such performance guaranties shall include but are not limited to the cost to the Township of providing erosion control facilities, seeding or otherwise stabilizing the site, drainage facilities necessary to protect off-tract areas from flooding, screening or fencing that may be required, and all improvements to be undertaken which are within public rights-of-way or easements.
C.
Final site plan approval procedure.
(1)
Application requirements. All applications for final site plan approval shall be submitted at least 28 days prior to the regularly scheduled meeting of the Land Use Board at which consideration is sought. Prior to the issuance of a certificate of completeness, the Land Use Board Engineer shall determine that the following has been submitted in proper form:
[Amended 12-13-1988 by Ord. No. 28-88]
(a)
Eight prints of a final site plan prepared in accordance with the provisions of Subsection C(2);
(b)
Three completed copies of the final site plan approval application form;
(c)
Required application fees;
(d)
Proof of payment of property taxes;
(e)
Four sets of the final architectural plans and elevations;
(f)
Proof of application to the Ocean County Planning Board for final approval;
(g)
Proof of application to the Eagleswood Municipal Utility Department for final approval of sanitary sewer or water facilities, if applicable; and
(h)
Proof of application for stream encroachment, CAFRA, wetlands or waterfront development permit(s), if applicable.
(2)
Plat detail requirements. The final site plan shall include all data required pursuant to Subsection A(2) and shall be drawn to incorporate all changes required pursuant to any preliminary approval and the following additional data:
(a)
The title block shall be entitled "Final Site Plan."
(b)
Drainage plans shall be accompanied by plans and profiles of all proposed drainage and sanitary sewer facilities, including, where applicable, typical details, pipe sizes, types, inverts and grate or rim elevations and slopes.
(c)
Where required by the Land Use Board Engineer, center-line profiles of streets adjacent to the site, internal roadways and major circulation aisles, showing:
(d)
Typical details of all proposed improvements, as applicable.
(3)
Submission and distribution of application.
[Added 2-23-2004 by Ord. No. 04-5]
(a)
The applicant is required to distribute the application as follows:
[1]
Two copies of the application to the Township Engineer;
[2]
One copy of the application to the Township Planner;
[3]
One copy of the application to the Land Use Board Attorney;
[4]
Two copies of the application to the Environmental Commission; and
[5]
Fifteen copies of the application to the Land Use Board Secretary.
(b)
A list of the Land Use Board professionals and their mailing addresses will be provided to the applicant. The applicant shall also submit an affidavit attesting to the fact that he has distributed the applications as required by this section.
D.
Effect of final site plan approval. Approval of a final site plan shall confer upon the applicant all rights set forth in N.J.S.A. 40:55D-52.
E.
Combined preliminary and final site plan approval.
(1)
An applicant may request and the Land Use Board may consent to accept an application for development for combined preliminary and final site plan approval, provided that:
(2)
Any approval granted by the Land Use Board for such combined application shall confer upon the applicant all the rights set forth in this section for final approval.
F.
Minor site plan approval procedure.
[Added 6-11-1991 by Ord. No. 6-91]
(1)
Application requirements. All applications for minor site plan approval shall be submitted at least 28 days prior to the regularly scheduled meeting of the Land Use Board at which consideration is sought. Prior to the issuance of the certificate of completeness and/or the scheduling of the matter for consideration by the Land Use Board, the Land Use Board Engineer shall determine that the following has been submitted in proper form:
(a)
Eight prints of a minor site plan prepared in accordance with the provisions of this section.
(b)
Three completed copies of the minor site plan approval application form.
(c)
Required application fees.
(d)
Proof of payment of property taxes.
(e)
Four sets of suitable plans and elevations for any proposed buildings or structures.
(f)
Proof of application to the Ocean County Planning Board for final approval.
(g)
Determination of the Eagleswood Municipal Utility Department as to the availability of water and sewer facilities or proof of application for preliminary or tentative approval of the Eagleswood MUD.
(h)
Issuance of a certificate of filing from the Pinelands Commission, if applicable.
(i)
Requests for the granting of any variances and/or design exceptions.
(j)
Other submittals and information that may be required by the Land Use Board Engineer or Land Use Board.
(2)
Plat detail requirements.
(a)
Site plans shall not be drawn at a scale smaller than one inch equals 50 feet nor larger than one inch equals 10 feet.
(b)
The site plan shall be based on a monumented, current and certified boundary survey. The date of the survey and the name of the person making same shall be shown on the map. If 12 months or more has passed since the date of (or date of last recertification of) the survey, it shall be rectified and, if necessary, brought up-to-date.
(3)
Title block. The title block shall appear on all sheets and shall include:
(a)
Title of "Minor Site Plan."
(b)
Name of the development, if any.
(c)
Tax Map sheet, block and lot number of the site, as shown on the latest Township Tax Map, the date of which should also be shown.
(d)
Date of original and all revisions.
(e)
Names and addresses of owner and developer, so designated.
(f)
Name(s), signature(s), address(es) and license number(s) of engineer, architect, land surveyor or planner, if any, who prepared the minor site plan and his embossed seal.
(g)
If the site plan contains more than one sheet, each sheet shall be numbered and titled.
(4)
A schedule shall be placed on the site plan, indicating:
(a)
The acreage of both the tract and site (the portion of the tract involved in the site plan).
(b)
The floor area of the existing and proposed building, listed separately.
(c)
The proposed use or uses and the floor area devoted to each use.
(d)
Proposed and required lot dimensions and front, rear and site setbacks.
(e)
Proposed and required off-street parking spaces.
(f)
North arrow and written and graphic scales.
(g)
The direction of flow of water across the site, shown by means of arrows.
(h)
Paving and right-of-way widths of existing streets adjacent to the site.
(i)
The boundary, nature and extent of any wetlands or wetlands transition area on site, if any.
(j)
Existing and proposed manholes, sewer lines, waterlines, fire hydrants, utility poles and all other topographical features of a physical or engineering nature within the site.
(k)
All existing structures on the site, including those to be destroyed or removed and those to remain.
(l)
Location, use, front, rear and side setbacks of all buildings and other pertinent improvements.
(m)
Existing and proposed public easements or rights-of-way and the purposes thereof.
(n)
The location and dimensions of all access drives, aisles and parking stalls.
(o)
The location and size of proposed loading docks.
(p)
Location of curbs and sidewalks. All site plans shall require curbs and sidewalks in accordance with Residential Site Improvement Standards. Along Route 9, sidewalks shall comply with the streetscape provisions of the Township which are on file at the Clerk's office.
[Amended 7-23-2007 by Ord. No. 2007-11]
(r)
Landscaping and screening plan.
(s)
Location of signs and drawn details, showing the size, nature of construction, height and content of all signs.
(t)
Drawn details of the type of screening to be utilized for refuse storage areas, outdoor equipment and bulk storage areas.
(u)
Such other information as the Land Use Board and/or Land Use Board Engineer may request during site plan review.
§ 295-36 Environmental impact statement (EIS).
§ 295-37 Open space and recreation.
§ 295-38 Site plan approval hearing notice requirements.
[Amended 9-8-1987 by Ord. No. 12-87]
A.
A public hearing shall be required for all preliminary site plan applications.
B.
Notice shall be given by the applicant at least 10 days prior to the date of the hearing.
C.
Public notice shall be given by publication in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality.
D.
Notice of hearing requiring public notice pursuant to this section shall be given to the owners of all real property, as shown on the current tax duplicate or duplicates, located within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which the applicant's land is located.
E.
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection D above to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
F.
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on all applications for development of property adjacent to an existing County road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other County land or situated within 200 feet of a municipal boundary.
G.
Notice shall be given by personal service or certified mail to the Commissioner of the New Jersey Department of Transportation of a hearing on any application for development of property adjacent to a state highway.
H.
Notice shall be given by personal service or certified mail to the State Planning Commission of any hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the Administrative Officer pursuant to N.J.S.A. 40:55D-10b.[1]
I.
The applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
J.
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
K.
Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing; the nature of the matters to be considered; identification of the property proposed for development by street address, if any, or by reference to lot and block numbers as shown on the current tax duplicate in the Township Tax Assessor's office; location and times at which any maps and documents for which approval is sought are available for public inspection as required by law.
L.
Minor site plan approval hearing and notice requirements.
[Added 6-11-1991 by Ord. No. 6-91]
(1)
No notice or public hearing shall be required for minor site plan applications which require no variance relief and are in compliance with all the terms and provisions of this chapter.
(2)
Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the Administrative Officer 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 site plan approval.
(3)
Whenever review or approval of the application by the County Planning Board is required by Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), the Municipal Land Use Board 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.
(4)
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted, shall not be changed for a period of two years after the date of minor site plan approval.
§ 295-39 Site plan fees.
[Amended 9-8-1987 by Ord. No. 12-87; 8-23-1988 by Ord. No. 24-88; 12-13-1988 by Ord. No. 29-88; 5-8-1990 by Ord. No. 7-90]
A.
Application fee required to be deposited.
(1)
The developer, at the time of filing an application, shall deposit with the Township a business, personal or cashier's check payable to the Township of Eagleswood in an amount determined by the schedule set forth in this section. Applications for site plan approval requiring a combination of approvals, such as site plan, conditional use and/or variance, shall pay a fee equal to the sum of the fees for each required approval.
B.
Escrow funds required to be deposited.
(1)
In addition to the payment of the required application fee (which shall be charged to cover general Township administrative costs), as set forth herein, development applications shall be accompanied by a deposit of escrow funds in accordance with the provisions set forth herein.
(2)
The escrow funds shall be utilized to cover the municipal costs of professional and nonprofessional services incurred during the development review process. Professional and nonprofessional fees and salaries incurred in connection with the review of plans, consultation, written reports and resolution preparation, meeting attendance, general preparation, research, testimony and other professional consulting services as may be required due to the nature of the application shall be paid from escrow funds. Escrow fees shall not be utilized to pay site inspection costs required during the construction process.
(3)
An applicant shall deposit all escrow funds required herein prior to the application being declared "complete" by the Administrative Officer. An applicant appearing initially before the Land Use Board shall have deposited all escrow funds required herein before said appearance. No meeting or hearing with the applicant shall be held by said Board until all escrow funds and required application fees have been deposited in accordance with the provisions set forth herein. The escrow sums must be in the form of a business, personal, cashier's or certified check or money order. All escrow funds shall be deposited with the Land Use Board Secretary.
(4)
Additional escrow funds may be required when the escrow has been depleted to 20% of the original escrow amount. The Township shall notify the Board when escrow funds have been so depleted. Professionals and nonprofessionals being paid from escrow funds shall notify the Board as to additional costs anticipated to be incurred. The Board may not take any further action on the application until adequate additional escrow fees have been deposited by the applicant with the Township. The amount of payment of additional escrow fees shall be equal to that of the original amount paid, unless deemed otherwise by the Township of Eagleswood.
(5)
Whenever escrow deposits for an application for development exceed $5,000, they shall be placed in an interest-bearing account and administered in accordance with the requirements of N.J.S.A. 40:55D-53.1.
(6)
All disbursements to consulting professionals and applicable charges from Township-employed professionals and nonprofessionals for services involved in processing an application which requires the deposit of escrow funds shall be charged against the escrow account.
(7)
All bills submitted by consulting professionals relative to said applications shall specify the services performed for individual applications and the amount charged to the Township pursuant to the consultant's contract.
(8)
The Township shall provide the applicant with an accounting of escrow funds 90 days after the Board has taken action on the application, unless the applicant has delayed the submission of revised plans which comply with the Board's approval.
(9)
All escrow sums not actually expended shall be refunded to the applicant within 90 days after the Board has taken action on the application, unless the applicant has delayed the submission of revised plans which comply with the Board's approval.
C.
Informal conditional use or site plan hearing and/or sketch site plan.
(2)
Fifty percent of the application fee required in Subsection C(1) above shall be credited toward the required preliminary site plan application fee if a preliminary site plan application is filed with Eagleswood Township within six months of the date of the informal conditional use or site plan hearings or sketch site plan application.
(3)
In addition to the payment of the required application fee, applications shall be accompanied by a deposit of escrow funds in the amount of $500 to cover municipal costs for professional and nonprofessional services incurred during the review process.
[Amended 10-24-2005 by Ord. No. 2005-23]
D.
Preliminary site plan. The application fee to be paid shall be the sum of the site area and building area charges in accordance with the following schedule and conditions.
(3)
Escrow amounts.
(a)
Nonresidential preliminary site plan.
Building Gross Floor Area (square feet) | Escrow Amount | |
|---|---|---|
Less than 5,000 | $2,000 | |
5,000 to 24,999 | $5,000 | |
25,000 to 49,999 | $7,500 | |
50,000 or more | $10,000 |
(b)
Residential preliminary site plan:
[Amended 2-23-2004 by Ord. No. 04-5; 6-28-2004 by Ord. No. 2004-17]
Number of Units | Escrow Amount | |
|---|---|---|
1 to 4 | $2,000 | |
5 to 9 | $4,000 | |
10 to 24 | $6,000 | |
25 to 49 | $10,000 | |
50 or more | $20,000 |
(c)
Any preliminary site plan application involving both of the above escrow categories shall deposit cumulative escrow amounts.
E.
Final site plan.
(2)
Escrow amounts.
(a)
Nonresidential final site plan: same as nonresidential preliminary site plan escrow fees.
[Amended 2-23-2004 by Ord. No. 04-5]
(b)
Residential final site plan: same as residential preliminary site plan escrow fees.
[Amended 2-23-2004 by Ord. No. 04-5]
(c)
Any final site plan application involving both of the above escrow categories shall deposit cumulative escrow amounts.
(d)
Any application filed for simultaneous preliminary and final site plan approval shall deposit an escrow amount based on the total of the respective escrow category for both a preliminary site plan application and a final site plan application.
F.
Revised preliminary and/or final site plan. Any proposed revisions to a preliminary and/or final site plan, including all supporting maps and documents, previously approved by the Land Use Board, which approval is still in effect, shall require submission of a revised plat or payment of application fees in accordance with the following:
(1)
Where there are changes in the plat proposed by the applicant or required by another governmental agency whose approval was a condition of the Land Use Board approval, which changes involve additional building gross floor area or parking or a significant change in the design of the site plan, an application fee equal to 1/2 the application fee required for the initial site plan submission shall be required along with sufficient copies of the plat incorporating the changes as may be necessary for distribution.
(2)
Where the proposed changes involve a change in use and/or major alteration of the design concepts of the plat approved by the Land Use Board, it shall be considered a new application and shall require the full payment of application and escrow fees as set forth in this section for new applications for development.
L.
Variance requests pursuant to N.J.S.A. 40:55D-70c(1) and (2).
(1)
For a detached single-family dwelling permitted in the zoning district and not part of a site plan or subdivision application:
[Amended 1-26-2011 by Ord. No. 2011-02]
M.
Q.
Special meeting fees.
(1)
Upon the request of an applicant, the Eagleswood Township Land Use Board may schedule and hold a special meeting for the purpose of conducting a public hearing or to otherwise consider an application for development, provided that the applicant pays a fee as set forth in Chapter 135, Fees, per special meeting to the Township of Eagleswood to defray municipal costs associated with the special meeting being held. The special meeting shall be limited to one application per special meeting.[17]
(2)
An applicant may request a special meeting with the professional staff of the Land Use Board for the purpose of reviewing an application for development, subject to, however, the availability of the staff and to the applicant paying a fee as set forth in Chapter 135, Fees, per hour to defray the cost of the consultants and staff. No such meeting shall be held until the required fee has been paid in full to the Township.[18]
(3)
The foregoing fees shall be in addition to any required application fees, the establishment of any escrow accounts, the posting of any performance or maintenance guarantees, and the payment of the required inspection fees.
R.
Site plan inspection fees.
[Amended 7-18-1996 by Ord. No. 96-12B]
(1)
The required site plan inspection fees shall be paid to the Land Use Board Secretary prior to the commencement of any clearing, grading or the construction or installation of any other improvements. Such fees shall be based on the cost of improvements as set forth in the bond estimate approved by the Township Engineer in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements.
S.
T.
Educational fees.
[Added 11-27-2006 by Ord. No. 2006-20]
(1)
All applicants submitting an application to the Land Use Board for review shall pay a fee in the amount as set forth in Chapter 135, Fees, to defray the cost of tuition for those persons required to take the course in land use law and planning, as required pursuant to P.L. 2005, c. 133, unless exempted pursuant to Subsection T(2) below.
[Amended 1-26-2011 by Ord. No. 2011-02[20]]
§ 295-40 Inspection requirements.
[Amended 9-8-1987 by Ord. No. 12-87]
A.
Inspection notice. All required improvements, except those utility improvements which are not the responsibility of the Township, shall be subject to inspection and approval by the Township Engineer, who shall be notified by the developer at least five days prior to the initial start of construction and again 24 hours prior to the resumption of work after any idle period exceeding one working day. All of the utility improvements shall be subject to inspection and approval by the owner of or agency controlling the utility, who shall be notified by the developer in accordance with the utilities requirements. No underground installation shall be covered until it is inspected and approved by the owner of or agency controlling the utility or by the Township Engineer in all other cases.
B.
General inspection requirements. All improvements, except as otherwise provided, shall be subject to inspection and approval by the Township Engineer. No underground installation shall be covered until inspected and approved by the Township 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 a television or other pipeline camera, as may be deemed necessary by the Township Engineer, and charges for such work will be paid by the developer.
C.
Inspection not acceptance. Inspection of any work by the Township 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 Township 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 no work shall be considered accepted until release of the performance guaranty.
D.
Procedure on acceptance of public improvements. When the developer has constructed and installed the streets, drainage facilities, curbs, sidewalks, street signs, monuments and other improvements in accordance with Township regulations, standards and specifications and desires the Township to accept the said improvements, he shall, in writing addressed to and in a form approved by the Township Committee, with copies thereof to the Township Engineer, request the Township Engineer to make a semifinal inspection of the said improvements.
§ 295-41 Performance guarantees and improvement procedures.
[Amended 9-8-1987 by Ord. No. 12-87]
A.
Prior to the signing of a final plat and/or the commencing of any clearing, grading, or installation of improvements, the developer shall have filed with the Township a performance guaranty sufficient in amount to equal the total cost to the Township, as estimated by the Township Engineer, of constructing those on-site, off-site and off-tract improvements necessary to protect adjacent property and the public interest (if any) in the event that development of the site was not completed. Such improvements shall include but are not limited to drainage facilities necessary to protect off-tract areas from flooding, erosion control facilities, required screening and fencing, all improvements within public rights-of-way and easements and the cost of seeding or otherwise stabilizing the site. Such guaranty shall assure the installation of such improvements on or before an agreed date, guarantee the completion of all improvements without damage to or interference with adjacent properties or public facilities, and hold the Township Committee and Township Land Use Board and their employees and agents harmless with respect to any acts of the developer, its agents, successors or assigns. The total estimated cost to the Township of constructing all improvements shall be based upon the estimated contract construction costs which would prevail upon expiration of the guaranty period and shall also include appropriate allowances for contract-related costs, such as engineering, legal, financial and other usual costs, which shall be estimated to be 20% of the estimated contract construction costs. Such performance guaranty may be in the form of cash, certified check, negotiable securities, a performance bond issued by a bonding company or surety company approved by the Township Committee or any other type of surety acceptable to and approved by the Township Attorney and Township Committee, provided that at least 10% of the performance guaranty shall be in the form of cash, certified check or savings passbook or certificate of deposit drawn on an insured banking institution in the State of New Jersey; provided, however, that all rights, including the right to interest with dividends, be assigned to the Township of Eagleswood in the form of assignment acceptable to the Township Attorney for the period of the bond and that the principal amount of the passbook or certificate of deposit, together with interest, be returned to the developer upon completion of the bonded improvements or, in the event of default, both interest and principal shall be used by and for the benefit of the Township in the completion of said improvements.
B.
All performance guaranties shall run to and be in favor of the Township of Eagleswood in the County of Ocean.
C.
The performance guaranty shall be approved by the Township Attorney as to form, sufficiency and execution. Such performance guaranty shall run for a period to be fixed by the Township Committee.
D.
When all of the required improvements have been completed, the obligor shall notify the Township Committee in writing, by certified mail addressed in care of the Township Clerk, of the completion of said improvements and shall send a copy thereof to the Township Engineer. Thereupon, the Township Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the Township Committee, 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 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 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 guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved. 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 guaranty.
F.
If any portion of the required improvements are rejected, the Township Committee 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.
§ 295-42 Performance guarantee approval procedures.
[Amended 9-8-1987 by Ord. No. 12-87]
No performance guarantee shall be presented for approval of the Township Committee until the Township Engineer shall have determined the amount of the required performance guarantee as provided in this chapter. The applicant shall thereupon post said performance guarantees with the Township Clerk. The Township Clerk shall forward the appropriate materials to the Township Attorney for approval as to form, content and execution. Upon the approval of the Township Attorney, the Township Clerk shall place the approval and acceptance of the performance guarantees on the agenda of the next regularly scheduled meeting of the Township Committee.
§ 295-43 Requirements for obtaining certificate of occupancy.
[Amended 9-8-1987 by Ord. No. 12-87]
A.
No permanent certificate of occupancy shall be issued for any use or building until all required improvements are installed and approved by the Township Engineer or other appropriate authority.
B.
Temporary certificates of occupancy may be issued upon the written approval of the Township Engineer for a specified period of time, not to exceed six months, and the applicant shall post a cash guaranty with the Township in an amount equal to the cost to the Township of constructing all uncompleted improvements prior to the issuance of any such temporary certificate of occupancy.[1]
C.
Prior to the issuance of the certificate of occupancy, the provisions of § 231-1[2] of the Township Code of the Township of Eagleswood must be complied with. Said provision requires verified written documentation that all construction debris has been properly disposed of, with the location and method of said disposal being made known.
[Added 2-15-1996 by Ord. No. 5-96]
§ 295-44 Maintenance guaranty.
[Amended 9-8-1987 by Ord. No. 12-87]
A.
A maintenance guaranty shall be furnished by the developer upon release of the performance guaranty, acceptance of public improvements by the Township Committee and/or approval of site improvements by the Township Engineer. The developer may elect to furnish such maintenance guaranty either by maintaining on deposit with the Township the ten-percent cash or certified check portion of the performance guaranty provided in accordance with this article, or by a bond issued by a bonding company or surety company, or other type of surety acceptable to and approved by the Township Attorney and Township Committee in an amount equal to 15% of the total performance guaranty provided in accordance with this chapter. The maintenance guaranty shall begin with the release of the performance guaranty and shall run for a period of two years. The maintenance guaranty shall be to the effect that the applicant, developer, owner or user guarantees the complete maintenance of all improvements for a period of two years from the release of his performance guaranty and shall run for a period of two years. The maintenance guaranty shall be to the effect that the applicant, developer, owner or user guarantees the complete maintenance of all improvements for a period of two years from the release of his performance guaranty. Should he fail in his obligation to properly maintain all improvements, the Township may, on 10 days' written notice, or immediately in the case of hazard to life, health or property, proceed with necessary repair or replacement of any unacceptable improvements and charge the cost thereof against the guaranty. At the end of the maintenance guaranty, the cash or certified check on deposit will be returned to the subdivider less any sums, properly documented by the Township, which have been expended to repair or replace any unsatisfactory improvements.
B.
Prior to the Township Engineer making his final report and recommendations to the Township Committee for release of the performance guarantee and acceptance of a maintenance guarantee, the developer will supply as-built plans, signed and sealed by a licensed New Jersey professional engineer, showing surface grading, including major lot gradings, building finished floor grades and curb and gutter grades, together with horizontal and vertical location of underground facilities. Manholes, inlets and other such appurtenances, together with sidewalks and curbs, shall be shown in true location and grade. The as-built plans shall be submitted on reproducible media.
[Added 3-26-2007 by Ord. No. 2007-05]
§ 295-45 Site plan changes.
[Amended 9-8-1987 by Ord. No. 12-87]
After final approval of the Land Use Board, the final site plan shall not be changed without subsequent approval by the Land Use Board under the requirements of this article, unless determined, in writing, by the Township Engineer to be a minor change substantially consistent with the intent of the Township's ordinances and the Land Use Board's approval. Such minor changes may be approved administratively by the Township Engineer.