East Amwell Township
City Zoning Code
City Zoning Code
ARTICLE IV
General Provisions
§ 92-5 Administration.
These rules, regulations and standards 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 under the terms of this chapter shall give primary consideration to the welfare of the entire community.
§ 92-6 Amendments.
All provisions of this chapter may be amended in accordance with applicable laws.
§ 92-7 Appeal.
[Amended 6-22-2006 by Ord. No. 06-14; 3-8-2018 by Ord. No. 18-02]
Any interested party desiring to appeal the decisions of the Planning Board may do so by filing an appeal with the Superior Court, Law Division, of the State of New Jersey, pursuant to the provisions contained in N.J.S.A. 40:55D-17 and 18, as well as R. 4:69-6, within 45 days after publication of a notice in the official newspaper of the Township of East Amwell or a newspaper generally circulating in East Amwell, or, if the determination of the Planning Board results in a denial or modification of an application, within 45 days after publication, as indicated previously, or the mailing of the notice to the applicant, whichever is later.
§ 92-8 Compliance.
All requirements of this chapter shall be met at the time of any erection, enlargement, moving or change in use.
§ 92-9 When effective.
This chapter shall take effect upon final passage, publication, and filing with the Hunterdon County Planning Board.
§ 92-10 Repealer.
All previously adopted subdivision, site plan and zoning ordinances and their amendments are repealed.
§ 92-11 Pending actions and liabilities.
These regulations shall not abate or modify any action, penalty, liability, or right pending under any ordinance repealed by the adoption of this chapter except as expressly provided in this chapter.
§ 92-12 Outstanding site plan approvals, zoning variances and construction permits.
[Amended 12-30-2002 by Ord. No. 02-22]
Nothing in this chapter shall require any change in a construction permit, site plan or zoning variance which was approved before the enactment of this chapter, provided that construction shall have been started within one year from the effective date of this chapter, and the project shall be continuously pursued to completion; otherwise said approvals and permits shall be void.
§ 92-13 (Reserved) [1]
[1]
Editor's Note: Former § 92-13, Board of Adjustment, as amended, was repealed 3-8-2018 by Ord. No. 18-02.
§ 92-14 Planning Board.
A.
Establishment and composition. There is hereby established pursuant to Chapter 291, Laws of New Jersey 1975 (N.J.S.A. 40:55D-1 et seq.) in East Amwell Township a Planning Board of nine members consisting of the following four classes:
(1)
Class I - the Mayor.
(2)
Class II - one of the officials of the municipality other than a member of the Township Committee to be appointed by the Mayor, provided that if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member if there is both a member of the Zoning Board of Adjustment[1] and a member of the Board of Education among the Class IV members or alternate members of the Planning Board.
[1]
Editor's Note: The Zoning Board of Adjustment was dissolved 3-8-2018 by Ord. No. 18-02.
(3)
Class III - a member of the governing body to be appointed by it.
(4)
Class IV - six other citizens of the municipality to be appointed as regular members and two other citizens of the municipality to be appointed as alternates, all such appointments to be made by the Mayor. The members of Class IV shall hold no other municipal office, except that one regular member may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member unless there be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment[2] and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board.
[Amended 3-8-2018 by Ord. No. 18-02]
[2]
Editor's Note: The Zoning Board of Adjustment was dissolved 3-8-2018 by Ord. No. 18-02.
B.
Terms.
(1)
The term of the member composing Class I shall correspond with his official tenure. The terms of the members composing Class II and Class III members shall be for one year and terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or a Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever comes first.
(2)
The term of a Class IV member who is also a member of the Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first. The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such term shall be evenly distributed over the first four years after their appointment as determined by resolution of the Township Committee; provided however, that no term of any member shall exceed four years and further provided that nothing herein shall affect the terms of any present member of the Planning Board, all of whom shall continue in office until the completion of the term for which they were appointed. Thereafter all Class IV members shall be appointed for terms of four years except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.
[Amended 3-8-2018 by Ord. No. 18-02]
(3)
Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the Mayor for the unexpired term only. There shall also be two additional alternate members, designated at the time of appointment as "Alternate No. 3" and "Alternate No. 4," each of whom (i) must be a resident of East Amwell Township, (ii) must meet the qualifications of the Class IV members of the Planning Board, and (iii) shall be appointed by the Mayor of East Amwell Township. The terms of these two alternate members shall be two years, provided that the initial term of Alternate No. 3 shall be one year. The provisions set forth in N.J.S.A. 40:55D-23.1 and this subsection applicable to Alternate No. 1 and Alternate No. 2 shall also apply to Alternate No. 3 and Alternate No. 4.
[Amended 3-8-2018 by Ord. No. 18-02]
(4)
An alternate member may, after public hearing if he requests one, be removed by the Township Committee for cause. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
C.
Vacancies. If a vacancy of any class shall occur otherwise than by expiration of term, it shall be filled by appointment for the unexpired term.
D.
Powers and duties. The Planning Board shall exercise the following powers and duties:
(1)
To make, adopt and amend a Master Plan for the physical development of the municipality pursuant to the provisions of N.J.S.A. 40:55D-28.
(2)
To administer the provisions of the subdivision and site plan provisions of this chapter.
(3)
To approve conditional use applications.
(4)
To participate in the preparation and review of land use programs or plans required by state or federal law or regulations.
(5)
To assemble pertinent data on a continuing basis as part of a continuous planning process.
(6)
To consider and report to the Township Committee within 35 days after referral of any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a and to pass upon other matters referred to it by the Township Committee pursuant to the provisions of N.J.S.A. 40:55D-26b.
(7)
In reviewing applications for approval of subdivision plats, site plans or conditional uses, to:
(a)
Grant variances pursuant to N.J.S.A. 40:55D-60 and 40:55D-70c for lot area, lot dimensional setback and yard requirements with the same power to grant to the same extent and subject to the same restrictions as the Planning Board.
[Amended 3-8-2018 by Ord. No. 18-02]
(b)
Direct the issuance of a permit for a building or structure either not related to a street N.J.S.A. 40:55D-36, or in the bed of a mapped street or public drainage way, flood control basin or public area reserved on the Official Map N.J.S.A. 40:55D-32.
(c)
Whenever relief is requested pursuant to this subsection, notice of the hearing on the application for development shall include reference to the application for a variance.
(8)
To perform such other advisory duties as are assigned to it by ordinance or resolution for the aid and assistance of the Township Committee or other municipal agencies or officers.
E.
Applications. Applications to the Planning Board shall conform to the appropriate provisions of this chapter.
F.
Referrals. In reviewing plats or any other matters referred to it, the Board may submit the data to any agency or individual for review and comment.
§ 92-15 Application Review Committee.
[Amended 7-14-1994 by Ord. No. 94-10; 6-13-2019 by Ord. No. 19-09]
A.
Establishment. The Planning Board will have an Application Review Committee.
B.
Composition. At each annual reorganization meeting of the Planning Board, following the appointment of the chairperson for the Planning Board, the chairperson will select four members of the Planning Board to serve on the Application Review Committee. Each such member must be either a Class IV member or alternate member of the Planning Board.
C.
Term. The term of each member of the Application Review Committee will commence upon that member's appointment and continue until that member's successor is appointed in accordance with § 92-15B. There will be no limit on the number of terms, consecutively or nonconsecutively, that a person may serve on the Application Review Committee. The chairperson of the Planning Board will have the right to remove any member of the Application Review Committee for cause. Unexcused absence from three or more regularly scheduled meetings of the Application Review Committee in any calendar year will be grounds for removal by the chairperson. Upon removal or resignation of any member of the Application Review Committee prior to the end of that member's term, the chairperson will have the right to appoint a successor member for the balance of such term.
D.
Power and duties. The Application Review Committee shall have the following, and only the following, powers and duties:
(1)
Review for completeness all applications for development that require review by the East Amwell Township Planning Board. If the Application Review Committee determines that an application is incomplete, it will instruct the Planning Board Administrative Officer to notify the applicant of, and the reason(s) for, this determination.
(2)
Recommend to the Planning Board that it grant or deny submission waivers requested by the applicant.
(3)
With respect to each application:
(a)
Determine whether any other boards or committees of East Amwell Township should review the application;
(b)
If determined that one or more boards or committees of East Amwell should review the application, instruct the Planning Board Administrative Officer to provide a copy of the application to such board(s) or committee(s) along with a written request that they review the application.
(4)
With respect to each application, determine whether the Planning Board Engineer and/or the Planning Board Professional Planner should review the application for completeness, the Planning Board Engineer should perform an engineering review with respect to the application, and the Planning Board Professional Planner should perform a planning review with respect to the application. If the Application Review Committee determines, by an affirmative vote of at least two of its members, that one or more of such reviews should be done, it shall instruct the Planning Board Administrative Officer to provide a copy of the application to the Planning Board Engineer and/or the Planning Board Professional Planner, as the case may be, along with a written request that such review(s) be done.
§ 92-16 Provisions applicable to Planning Board.
[Amended 3-8-2018 by Ord. No. 18-02]
A.
Organization of Board. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV. The Board shall select a Secretary and Assistant Secretary who may or may not be a member of the Board or a municipal employee.
B.
Attorney. There is hereby created the office of Planning Board Attorney. The Board may annually appoint, fix the compensation of, or agree upon the rate of compensation of their Board attorney who shall be an attorney other than the Municipal Attorney.
C.
Experts and staff. The Board may employ or contract for the services of experts and other staff and services as they may deem necessary. The Board shall authorize expenditures which exceed, exclusive of the gifts or grants, an amount appropriated by the Township Committee for its use.
D.
Rules and regulations. The Board shall adopt such rules and regulations necessary to carry out its duties.
E.
Conflicts of interest. No member or alternate member shall act on any matter in which he has either directly or indirectly any personal or financial interest. Whenever any member shall disqualify himself, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
F.
Meetings.
(1)
Meetings shall be scheduled no less than once a month and any meeting shall be held as scheduled unless canceled for lack of applications for development to process.
(2)
Special meetings may be called by the Chairman or on request of any two Board members, provided that there is notice to the members and public in accordance with all applicable legal requirements.
(3)
No action shall be taken at any meeting without a quorum being present. All actions shall be by majority vote of the members of the Board present at the meeting except where a specified portion of the full authorized membership is required. (N.J.S.A. 40:55D-9, 40:55D-26, 40:55D-34, and 40:55D-70d)
(4)
All meetings shall be open to the public. Notice of meetings shall be given in accordance with the Open Public Meetings Law, Chapter 231, Laws of New Jersey 1975 (N.J.S.A. 10:4-6 et seq.).
G.
Minutes. Minutes of regular and special meetings shall be kept and shall include the names of persons appearing and addressing the Board and of persons appearing by attorney, the action taken, the findings, if any, and reasons therefor. The minutes shall be made available for public inspection during normal business hours at the office of the Municipal Clerk. Any interested party shall have the right to compel production of the minutes and be charged a fee for their reproduction.
H.
Hearings.
(1)
Rules. The Board may make rules governing the conduct of hearings. The rules shall be consistent with N.J.S.A. 40:55D-1 et seq. and this chapter. The approving authority may waive the required notices and hearing for minor and exempt subdivisions and minor and exempt site plans except where a variance or conditional use is part of the application.
(2)
Oaths. The presiding officer or such person as he may designate shall have power to administer oaths or issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law of 1953 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
(3)
Testimony. The testimony of all witnesses shall be taken under oath or affirmation by the presiding officer, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or indirectly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
(4)
Evidence. Technical rules of evidence shall not be applicable, but irrelevant, immaterial or unduly repetitious evidence may be excluded by the presiding officer of the Board.
(5)
Records. The Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense. The charge for a copy of the transcript shall not be more than the maximum permitted in N.J.S.A. 40:55D-10 and the transcript shall be certified in writing by the transcriber to be accurate.
(6)
Certified court reporter. If an applicant desires a certified court reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript to the approving authority shall be at the expense of the applicant who shall also arrange for the reporter's attendance.
(7)
Continued hearing. When any hearing before the Board shall carry to two or more meetings, a member of the Board who was absent for one or more of the meetings shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him the transcript or recording of all of the hearing from which he was absent and certifies in writing to the Board that he has read such transcript or listened to such recording.
§ 92-17 Public hearings and public hearing notices.
[Amended 5-10-2001 by Ord. No. 01-15; 3-8-2018 by Ord. No. 18-02]
The approving authority shall hold a public hearing on each application for development, appeals from any order, requirement, decision or refusal made by an administrative officer, and requests for interpretation of the Zoning Map or zoning provisions, and for decisions upon other special questions upon which the zoning provision of this chapter allows decision by the approving authority, except that the approving authority may waive the required notices and hearing for minor and exempt subdivisions and site plans unless a variance or conditional use is part of the application. All public hearings conducted on subdivisions, site plans, or variances before the Planning Board shall follow the requirements of the Municipal Land Use Law as summarized below in N.J.S.A. 40:55D-10, 40:55D-11, and 40:55D-12:
A.
Any maps and documents submitted for approval shall be on file and available for public inspection at least 10 days before the hearing date during normal business hours in the office of the administrative officer.
B.
Each decision on any application shall be reduced to writing as specified in N.J.S.A. 40:55D-10g and shall include findings of facts and conclusions based thereon. Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application and a resolution of memorialization shall be adopted to that effect in accordance with N.J.S.A. 40:55D-10g. Adoption of a resolution of memorialization shall not alter the time period required for rendering a decision, shall be adopted by a majority of the members of the approving authority who voted for the action on the application and no other member, and shall be deemed a memorialization of an action taken and not to be an action of the approving authority. Failure to adopt such a resolution of memorialization within 45 days of rendering a decision on an application shall result in the approval of the application. The date of adoption of the resolution of memorialization shall constitute the date of publication as required by statute.
C.
A copy of the decision shall be mailed by the approving authority within 10 days of the date of the decision to the applicant, or if represented by an attorney, then to the attorney, and a copy shall also be filed in the office of the administrative officer. A brief notice of the decision shall also be published in the official newspaper of the Township, the publication of which shall be arranged by the administrative officer. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.
D.
All notices shall state the date, time and place of the hearing, the nature of the matters to be considered including all variances and waivers requested, and an identification of the property proposed for development by street address, if any, or by reference to lot and block numbers and the location and time(s) at which any maps and documents are available for public inspection.
E.
All public hearing dates shall be set by the approving authority.
F.
All notices shall be the responsibility of the applicant and shall be given at least 10 days prior to the hearing date.
(1)
Public notice shall be given by publication in the official newspaper of the Township.
(2)
Notice shall be given to the owners of all real property as shown on the current tax duplicate, located in the state and within 200 feet in all directions of the property which is the subject of such hearing in accordance with the Municipal Land Use Law, N.J.S.A. 40:55D-12.
(3)
Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.
(4)
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.
(5)
Where a public hearing is required by this chapter, a notice shall be given by personal service or certified mail to:
(a)
The County Planning Board where the hearing concerns a 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.
(b)
To the Commissioner of Transportation where the hearing concerns a property adjacent to a state highway.
(c)
To the Director of the Division of State and Regional Planning where the hearing concerns a property which exceeds 150 acres or exceeds 500 dwelling units, and the notice to the Director shall include a copy of any maps or documents required to be on file with the administrative officer.
G.
The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing. Any notice made by certified mail shall be deemed complete upon mailing.
§ 92-18 Enforcement; preconstruction requirements; guarantees and inspections.
[Amended 7-14-1994 by Ord. No. 94-10]
A.
Enforcement. The Township Committee shall have overall authority for the enforcement of the provisions of this chapter through the Zoning Officer and his designees, including the Township Engineer.
B.
Preconditions to commencement of construction.
(1)
Except as otherwise provided in Subsection B(2) below, no construction of buildings, structures, site improvements (whether on-site or off-site) or other work shall be commenced on any site for which an approval is required pursuant to this chapter until all of the following conditions are met:
(a)
All required local, county and state approvals shall have been obtained, including both preliminary and final approval, if required, and all required signatures shall have been obtained on the final plat and/or site plan, after review by the appropriate officials required to sign.
(d)
A preconstruction conference, in the case of major subdivision and/or site plans, and if required, in the case of a resolution of approval on a minor subdivision/site plan, between the Township Engineer and the developer and/or contractors performing the work shall be held. At this conference, the developer shall provide the Engineer with a detailed construction schedule, and, if not previously submitted, a construction plan at a minimum scale of one inch equals 50 feet shall be submitted, reviewed and approved by the Township Engineer.
(e)
The Township Engineer and the Zoning Officer or his designee shall be notified by the developer not less than three working days (excluding Saturday and Sundays) in advance of the starting or restarting of construction or work.
(f)
Except where prior permission has been granted by the Township Engineer, no construction or work shall be performed unless the Township Engineer's inspector is present to ensure satisfactory progress and completion of the construction.
(2)
In the event that a developer elects to perform initial site construction of improvements, including clearing of roads, based on a preliminary approval granted by the Planning Board, construction may be commenced only after a revised preliminary plan has been submitted and signed, incorporating all conditions of approval required as a result of the public hearing and the resolution granting said preliminary approval. The developer shall still comply with Subsection B(1)(a) for preliminary approval, as preconditions prior to the commencement of work.
[Amended 3-8-2018 by Ord. No. 18-02]
(3)
In the case of a minor site plan and/or minor subdivision, in the event that the developer elects to complete all improvements without posting the performance guarantee required by § 92-18E herein, no construction shall be commenced until a revised plan is submitted and signed, incorporating all conditions of approval as above. The developer shall still post the inspection escrow and notify the Township Engineer prior to commencement of work. The administrative officer shall have the power to waive the requirement of an inspection escrow for minor site plans only where the site improvements are established to be less than $3,500, in which case the Township building inspection staff shall perform the inspections, and notice of work to be commenced shall be given to the Township Uniform Construction Code Official instead of to the Township Engineer. Whether or not an inspection escrow is required, all site improvements under this subsection must be completed prior to the issuance of a certificate of occupancy, or within 120 days of a temporary certificate of occupancy if the performance guarantee covering the balance of the uncompleted improvements has been posted.
C.
Stop-construction orders. In the event that construction, including clearing, on any lands, buildings or structures, site improvements (whether on site or off site) or other work by any owner or developer of any site for which an approval is required pursuant to this chapter is commenced or continued contrary to the provisions of the Municipal Land Use Law, this chapter or the conditions of any approval granted by any official, board or other entity pursuant to this chapter or in violation of any denial of approval by said official, board or other entity, the Zoning Officer, or his designee, including the Township Engineer, shall issue a written, dated stop-construction order which shall require that construction shall immediately cease and which shall further include the conditions upon which construction may be resumed, which said order shall be served on the owner or developer of the site or the holder of the approval, in person or by certified mail, return receipt requested. If the owner, developer or holder of the approval is not known or cannot be located, the notice may be served on the person in charge of or apparently in charge of the construction. No construction or work shall continue after service of a stop-construction order, and construction shall not be resumed without written, dated permission of the Township Engineer, or his designee, removing or lifting the stop-construction order.
D.
Staging and completion of installation of improvements.
(1)
Construction schedule.
(a)
In the case of major site plans and major subdivisions, at the time of granting final subdivision or final site plan approval, the Planning Board shall require the applicant to submit a construction schedule for approval, establishing the scheduling and timing of installation of all improvements covered by the performance guarantee. The approved schedule shall be required for the protection of the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the project. The schedule shall be required as a condition in the resolution granting final approval, and completion of the improvements in accordance with the schedule shall be a condition of approval.
[Amended 3-8-2018 by Ord. No. 18-02]
(b)
Unless otherwise approved by the Planning Board, based on the size of the development or specific site conditions or improvements proposed, said schedule shall provide for all improvements to be completed within two years from the date of final approval. Within the two-year period, the schedule shall be based on the performance guarantee estimate, based upon the recommendation of the Township Engineer at the time of final approval, in relation to the proposed number of construction permits for the project and shall require, at a minimum, that:
[Amended 3-8-2018 by Ord. No. 18-02]
[1]
Prior to the time that 50% of the construction permits are issued for the project, 50% of the improvements, as set forth in the performance guarantee estimate, shall be installed and inspected and the performance guarantee reduced in an amount by the governing body based upon the recommendation of the Township Engineer.
[2]
Prior to the time that 75% of the construction permits are issued for the project, 75% of the improvements, as set forth in the performance guarantee estimate, shall be installed and inspected and the performance guarantee reduced in an amount by the governing body based upon the recommendation of the Township Engineer.
(c)
In the event that final approval is granted by sections, then the provisions of § 92-18D herein shall apply by sections. Prior to the granting of final approval for a subsequent section of the project, the Planning Board may require a report from the Township Engineer certifying that the developer is in compliance with the schedule previously adopted for a prior section and, in the event that all of the certificates of occupancy have been issued for a prior section, that all of the improvements have been completed for that section.
(d)
At any time that the developer is not in compliance with the schedule required pursuant to § 92-18D herein, the governing body, at the request of the Planning Board or upon its own motion based on information submitted by the Township Engineer, may order that the issuance of any further construction permits be suspended until certain, specified improvements are completed and certified by the Township Engineer as complete. The suspension of permits may be pursued independently or in conjunction with a formal declaration of default and action against the developer's performance guarantee pursuant to § 92-18M herein.
(2)
Prior to the approval by the governing body of the final reduction and release of the performance guarantee, all easements and open space shall be conveyed to the Township, or such other grantee as specified on the final plat, by deed containing a metes-and-bounds legal description.
E.
Guarantee required.
(1)
No final plat or site plan shall be approved until the completion of all improvements has been certified by the appropriate state, county or municipal bodies or officers or until the developer shall have filed with the municipality a performance guarantee sufficient in the amount of 120% of the cost of all such improvements, as estimated by the Township Engineer, which said guarantee shall insure and guarantee the installation of such improvements on or before an agreed date.
(2)
"Improvement costs," as used in this section, shall be defined to include construction and installation costs of grading, pavement, clearing, surveyors' monuments, drainage structures, storm sewers, sanitary sewers and other means of sewage disposal, water mains, fire-protection features, streets, gutters, curbs, culverts, sidewalks, streetlighting, shade trees, parking areas, landscaping, street signs, sedimentation and erosion-control devices, public improvements of open space and other on-tract improvements.
(3)
Any improvements installed prior to the application for final approval that do not meet Township standards shall be included in the performance guarantee.
F.
Public utilities. No performance guarantee or maintenance guarantee shall be required for the installation of utilities when the improvements have been or will be installed by the utility company involved.
G.
Amount of performance guarantee. The total performance guarantee shall equal 120% of the performance guarantee cost estimate. The performance guarantee cost estimate shall be submitted to the approving authority by the Township Engineer as part of his report on the final subdivision plat and/or site plan. It shall detail the scope of the work and cost required for the construction of all necessary improvements. An amount equal to 15% of the cost of any improvements installed prior to the posting of the guarantee shall be included in the estimate to cover maintenance of said improvements until final acceptance by the municipality.
H.
Form of guarantee.
(1)
The performance guarantee shall consist of any security acceptable to the Township Attorney, including but not limited to a performance bond, letter of credit or cash.
(2)
If the performance guarantee, by its terms, is limited to a certain time limit and will expire prior to the date established in the construction schedule for completion of all improvements, then the guarantee shall further contain an absolute guarantee by the obligor or bank to pay over the entire amount of the guarantee, less any reductions, to the Township or to replace the guarantee with a new guarantee, on or before the expiration date thereof.
I.
Inspection escrows.
(1)
No construction, including clearing of any lands, buildings, structures, site improvements (whether on site or off site) or other work, shall be commenced on any site for which an approval is required pursuant to this chapter until an inspection escrow amount equal to 5% of the amount of the performance guarantee, prior to any reductions, but in any event not less than $250, is posted with the municipality. All sums deposited for inspection escrows shall accrue interest to the developer at the rate obtained by the Township for regular passbook savings accounts, less 1% which shall be retained by the Township for administrative costs.
(2)
In the event that the performance guarantee estimate exceeds $250,000, the developer may post an inspection escrow equal to 5% of the first $250,000 and 2% of the balance of the performance guarantee estimate in excess of said $250,000, prior to commencement of construction. At such time as the balance in the inspection escrow hereunder falls below $5,000, the developer shall immediately post an additional lump sum equal to 2% of the balance of the performance guarantee remaining at that time, being the original estimate less any reductions granted by the governing body in the interim. The lump-sum additional escrow shall be in addition to and exclusive of the $5,000 or less remaining in the escrow account at the time of the additional posting; provided, however, that the escrow never need exceed a total of 5% of the balance of the performance guarantee remaining at that time.
(3)
The inspection escrow shall be deposited by the Municipal Clerk, or his designee, in an account for such purposes under the sole control of the Township. Said inspection escrows may be commingled with similar escrows from other developers, but accurate accounts and records shall be kept so as to identify the particular escrows and charges made against the same. The inspection escrow funds shall be used solely for payment of inspection fees, expenses and costs on behalf of the Township during the course of construction to the Township Engineer or such other officials as designated by the Zoning Officer, including the Township Planner or the Township Attorney, for preparation of bond reduction resolutions and approval of guarantees.
(4)
Upon certification by the administrative officer, or his designee, that the inspection escrow account funds have been expended and that reasonable inspection costs and expenses remain, the developer shall be required to deposit such additional inspection fees in the inspection escrow account as may be reasonably required to complete the balance of the inspection during the course of construction. Failure to post and maintain the current balances of the inspection escrow pursuant hereto will subject the developer to a stop-construction order pursuant to § 92-18C herein and/or suspension of construction permits pursuant § 92-18C herein.
(5)
At the time of the final performance guarantee reduction pursuant to § 92-18N herein, the developer may request the return of any excess inspection escrows. The Township shall then retain 5% if the amount of the maintenance guarantee requiring a minimum balance of $300 and a maximum balance of $2,500 for inspection prior to release of the maintenance guarantee, and the balance, if any, shall be returned to the developer.
J.
Extension of time for installation of improvements. The time allowed for installation of the improvements for which a performance guarantee has been provided may be extended by the governing body by resolution only upon written request of the developer. As a condition or as 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 remaining construction and improvements to be installed as determined as of the time of the passage of the resolution, plus 15% of the amount of the guarantee reductions granted as of that date, and the amount of any inspection escrow account shall be likewise increased to an amount not to exceed 5% of the cost of construction and improvements remaining to be installed as of the time of the passage of said resolution.
K.
As-built plans. After the completion of construction of the improvements covered by the performance guarantee and prior to final acceptance by the Township of any improvements, the developer shall cause the approved, final development plans and profiles to be updated to show as-built conditions. Three sets of the record prints shall be furnished: two to the administrative officer and one to the Township Engineer. As-built plans shall be signed and sealed by a professional engineer of the State of New Jersey. In addition, the developer shall submit an affidavit, signed by a licensed New Jersey professional land surveyor, stating that all required monuments have been set in accordance with the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.) and the approved subdivision plan.
L.
Reduction of performance guarantee or rejection thereof.
(1)
Upon substantial completion of all or a portion of the required improvements (including utility improvements and the connection of same to the public system), the developer may notify the governing body in writing by certified mail, addressed in care of the Municipal Clerk, of the completion or substantial completion of the improvements and shall send a copy thereof to the Township Engineer. The request shall specify which of the improvements as set forth on the performance guarantee estimate are deemed to be completed and installed. Thereupon, the Township Engineer shall inspect all improvements of which said notice has been given and shall file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. An estimate of cost of the improvements approved shall be set forth in said report.
(2)
The Township Engineer shall certify the amount to be reduced, if any, as follows:
(a)
An estimate of value of all work completed will be made and multiplied by 120%.
(b)
This amount shall be reduced by 15%, which shall be withheld to guarantee the repair of damages which may occur prior to final acceptance.
(c)
The amount of the previous reductions shall be subtracted.
(d)
The remainder shall be the amount to be reduced.
(3)
The Engineer shall forward copies of his report to the governing body, Township Attorney and the developer.
(4)
The governing body 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, of the contents of said report and of the action of said approving authority in relation thereto, not later than 65 days after receipt of the notice from the developer of the completion of the improvements. Where partial approval is granted, the developer shall be released from all liability pursuant to its performance guarantee except for that portion adequately sufficient to secure a provision of the improvements not yet approved, provided that 30% of the amount of the performance guarantee posted may be retained to insure completion of all improvements. Provided that a request is made for a reduction in conformity with this chapter, failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the developer and surety shall be released from all liability pursuant to such performance guarantee for such improvements.
(5)
If any portion of the required improvements is rejected, the Township Engineer shall prepare a punch list of the items remaining to be completed, whether said items were included in the original bond estimate or whether they are newly created as a result of construction practices. A new estimate for the cost of completing items rejected and the balance of all other improvements shall be prepared. The performance guarantee shall not be reduced below the estimate of the amount deemed necessary to complete the items as identified on the punch lists, and if the performance guarantee balance is below said amount, an additional performance guarantee shall be posted in the amount of the new estimate. Unless otherwise recommended by the Township Engineer, the developer shall have 120 days to reduce the punch list to a condition suitable for a final inspection, at which time the same procedure of notification as set forth above for reduction shall be followed.
M.
Default by developer. If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, under the performance guarantee shall be liable thereon to the Township for the cost of the improvements not completed or constructed, and the Township may, either prior to or after receipt of the proceeds thereof, complete the improvements. For purposes of this subsection, "default" shall mean failure to install the improvements in accordance with Township standards of construction, including but not limited to failure to install the improvements prior to the expiration of the performance guarantee, within the time schedule established pursuant to § 92-18D herein, in accordance with the terms and conditions of the resolution granting approval and/or in accordance with any applicable provision of the New Jersey Municipal Land Use Law or this chapter. The Township Engineer's certification that the developer has defaulted in compliance with the required standards of construction and installation of improvements shall be the basis for governing body action which rejects the improvements, withholds approval, withholds construction permits or formally declares default and authorizes collection on the performance guarantee.
N.
Acceptance of improvement. The approval of any plat and/or site plan under this chapter or the reduction of any performance guarantee by the approving authority shall in no way be construed as acceptance of any street, drainage system or other improvements required by this chapter, nor shall such plat and/or site plan approval or performance guarantee reduction obligate the Township in any way to maintain or exercise jurisdiction over such street, drainage system or other improvements. Acceptance of any street, drainage system or other improvements shall be implemented only by favorable action of the governing body in accordance with the provisions set forth in N.J.S.A. 40:55D-53. No improvements shall be accepted by the governing body unless and until the following conditions have been met:
(1)
The Township Engineer shall have certified in writing to the governing body that all of the improvements are complete and that the improvements fully comply with the requirements of this chapter and approval granted pursuant thereto.
O.
Maintenance guarantee. The developer shall file with the Municipal Clerk, and the governing body shall approve and accept, a maintenance guarantee in the amount of 15% of the Township Engineer's estimate of the total cost for the installation of improvements, which guarantee shall run for a period of two years. The procedures and requirements for filing, approving and releasing the maintenance guarantee shall be identical to the procedures and requirements for filing, approving and releasing the performance guarantee as set forth in § 92-18L hereinabove. On site plans, the maintenance guarantee shall be required only for improvements accepted by the Township and, in addition, for all landscaping, except if the amount of such guarantees would be less than $300, a waiver may be granted by resolution of the Township Committee.
P.
Penalties. In addition to the penalties for violation of this chapter, and of any other ordinance or regulation made under authority conferred herein, the Township Engineer is specifically authorized to require the replacement and reconstruction of any construction, including clearing, of any lands, buildings, structures and site improvements (whether on site or off site) or other work commenced or continued on any site for which an approval is required pursuant to this chapter in violation of any stop-construction order pursuant to § 92-18C herein, the conditions as set forth in § 92-18B herein or the standards for construction as established by the Township.
Q.
Time limitations on subdivisions and site plans.
[Added 12-30-2003 by Ord. No. 03-21]
(1)
Preliminary approval shall confer upon the applicant the following rights for a three-year period from the date on which the resolution of the preliminary approval is adopted:
(a)
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions; off-tract improvements; and,
(b)
That the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary subdivision; and,
(c)
That the applicant may apply for and the Board may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards may govern.
(2)
An applicant shall submit, for final approval of a major subdivision or site plan, an application on or before the expiration date of preliminary approval of the whole or sections of the preliminary subdivision plat or site plan, as the case may be, and the applicant may apply for and the Planning Board may grant extensions on such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revisions shall govern.
(3)
If the Planning Board grants an extension of preliminary approval pursuant to this section, and preliminary approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The applicant may apply for the extension either before or after what would otherwise be the expiration date. The Planning Board shall grant an extension of preliminary approval for a period determined by the Board, but not exceeding one year, from what would otherwise be the expiration date if the developer satisfies the provisions of N.J.S.A. 40-55D-49(f).
(4)
Any lot that received preliminary subdivision or site plan approval more than three years before the date of adoption of the subject ordinance may apply for final approval within one year of the date of the adoption of the subject ordinance, after which time any such approval shall be null and void. Such applicant shall be subject to all other requirements of the Land Management Ordinance and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) during the one-year time period.
§ 92-19 Conditional uses.
A.
Before any permit shall be issued for a conditional use, applications shall be made to the approving authority who shall grant or deny the application after public hearing within 95 days of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Notice of the hearing shall include reference to all matters being heard, including site plan and/or subdivision, and the approving authority shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application. Failure of the approving authority to act within the required time period shall constitute approval of the application. In reviewing any conditional use application, the approving authority must consider and find that the conditions set forth in the zoning district for the particular use are satisfied.
B.
In approving a conditional use, a time limit of one year from the date of the approval shall be set within which time the owner shall secure a construction permit, otherwise, the approval shall be null and void. The approving authority may for good cause shown extend the period for securing a construction permit for an additional period not exceeding six months.
[Amended 12-30-2002 by Ord. No. 02-22]
§ 92-20 Fees and escrow schedule.
[Amended 6-29-2000 by Ord. No. 00-14]
A.
General conditions.
(1)
The developer shall, at the time of filing a submission, pay the following fees to the Township by cash, check or money order:
(a)
The nonrefundable application fees set forth below are to cover the administrative costs incurred by the Township in processing applications. In order to promote preservation and conservation efforts, all nonprofit land conservation organizations holding a tax-exempt status under the Federal Internal Revenue Code of 1954 [26 U.S.C. 501 (c) or (d)] shall be exempt from paying application fees to the Planning Board per the Municipal Land Use Law, N.J.S.A. 40:55D-8(c), if they are not planning new residential-type, commercial-type or similar accessory construction. In order to encourage the activities of the Township emergency services and because they receive substantial funding from the Township, the Amwell Valley Fire Company and Amwell Valley Ambulance Corps, Inc., shall be exempt from paying application fees to the Planning Board. Other types of construction intended to further conservation efforts within the intent of this chapter, do not trigger application fee(s). The local Board of Education is exempt from paying any fees to the Planning Board per the Municipal Land Use Law, N.J.S.A. 40:55d-8(d).
(b)
The escrow accounts are to pay the cost of professional review by the Township Engineer, Planning Board Attorney, Planning Consultant, Township Attorney and other professionals employed by the approving authority to review and make recommendations on the application for development.
[1]
This ordinance has as its stated purpose: "The Planning Board supports preservation and conservation efforts by all nonprofit land conservation organizations in the Township, including the New Jersey Conservation Foundation, D & R Greenway Land Trust, and others. Because it is sometimes necessary to subdivide tracts of land, including the adjustment of lot lines, in order to effectuate preservation and conservation objectives, nonprofit organizations have filed subdivision applications. In most cases, no new construction is planned by these subdivisions. When no new construction for residential-type, commercial-type or similar accessory uses will result, and the intent is only to have land preserved, nonprofit organizations should not have to pay application fees; their subdivisions for these purposes provide benefits to all residents. Construction for conservation purposes, such as trails, bird houses, etc. should not trigger payment of application fee(s)."
(2)
When an applicant submits an application for informal review, it shall be the applicant's option to request professional review of the development by executing an escrow agreement to cover the necessary and reasonable costs incurred by the approving authority for such review.
(3)
If the application for development does not involve a subdivision, site plan, or other enumerated specific escrow amount, the applicant shall be required to deposit an escrow fee of $450.
(4)
The amounts specified for the escrow fee are estimates, which shall be paid prior to certification of a complete application. In the event that more than the amount specified for escrow is required to pay the reasonable costs incurred, the applicant shall, prior to being permitted to take the next step in the approval procedure or, in any event, prior to obtaining occupancy permits for any element of the project, pay all additional sums required.
(5)
In the event that the amounts posted are more than those required, the excess funds shall be returned to the applicant within 60 days after the filing of the deed in the case of a minor subdivision or the completion and acceptance of any required improvements in the case of a major subdivision, the issuance of a certificate of occupancy in the case of a site plan or effecting of the approval granted.
(6)
The Financial Officer shall periodically advise the administrative officer of the balance of all escrow accounts and when additional funds are required. It shall be the obligation of the administrative officer to notify the applicant of the amounts needed and to notify the approving authority of any refusal or failure to properly make any payments required.
(7)
In addition to these terms, the escrow agreement may include any additional terms which are agreed to by the applicant and the approving authority.
B.
Multiple applications. Proposals requiring a combination of approvals, such as subdivision, site plan, conditional use and/or a variance, shall pay a fee equaling the sum of the fees for each component element of the development plat.
C.
Accounting of escrow fees. The administrative officer shall maintain an itemized account for each application and shall, upon request of the applicant, supply a copy of said accounting. All charges against any escrow account shall be made by voucher and shall be approved for payment by the Township Committee and by the approving authority.
D.
Schedule of fees and escrows.
(1)
Subdivision (including clustered, single-family dwelling and exempt agricultural subdivisions):
(a)
Informal subdivision plan (major or minor) conceptual review:
(f)
Tax map maintenance fees. The following fees shall be paid by the applicant at the time of signing of the deeds and/or plat plan of subdivision approval by the Planning Board of East Amwell Township for the cost of making updates and modifications to tax maps as a result of such applications:
[Added 2-14-2002 by Ord. No. 02-03; amended 3-8-2018 by Ord. No. 18-02]
[1]
Boundary line adjustment: $150.
[2]
Two to three lots, including remaining land: $450.
[3]
Four to seven lots, including remaining land: $750.
[4]
Eight to 12 lots, including remaining land: $1,000.
[5]
Thirteen to 19 lots, including remaining land: $1,250.
[6]
Twenty lots or more: $1,500, plus $50 per let for those in excess of 20 lots.
(2)
Site plan review:
(a)
Informal site plan:
[1]
Application fee (This amount shall be credited toward the application fee for a preliminary site plan submission.): $750.
[2]
Application fee for farm buildings: $100.
[Added 3-8-2001 by Ord. No. 01-02]
[3]
Escrow fee (per dwelling unit for residential uses or per acre in the tract or commercial/industrial or other uses.): $1,000.
[Amended 12-11-2008 by Ord. No. 08-18]
(b)
Preliminary site plan:
(e)
Site plan application fees and escrows for wireless telecommunications installations shall be as follows:
[Amended 12-11-2008 by Ord. No. 08-18]
Fee | Escrow | |
|---|---|---|
If no new tower is proposed | $400 | $4,000 |
If a new tower is proposed | $1,000 | $10,000 |
NOTE: If an escrow account falls below 30% of original amount, a request for additional funds will be made to bring escrow account up to 50% of original amount. | ||
(3)
Other approvals, variances or appeals:
[Amended 12-30-2002 by Ord. No. 02-22; 3-9-2006 by Ord. No. 06-03]
(4)
Certified list of property owners. Preparation by the Tax Assessor of the list of property owners to be served with notices: $0.25 per name or $10 whichever is greater.
§ 92-21 Permits.
A.
No zoning permit, construction permit or certificate of occupancy shall be issued where improvements to a property, sale of land, use of property, or subdivision(s) were undertaken in violation of this chapter.
[Amended 12-30-2002 by Ord. No. 02-22]
B.
Prior to any change in the use of any land or structure where the changed use is affected by the requirements of this Chapter 92, the developer or other party proposing to change such use, or his authorized agent, shall apply for a zoning permit. A zoning permit shall be issued simultaneously with or prior to the issuance of any construction permit. The application for a zoning permit shall be on forms to be provided by the Township and shall contain such information, sketches, plans and data as may be required to determine compliance with this chapter. The Zoning Officer shall issue a zoning permit if he determines that the proposed use conforms with the requirements of this chapter and any necessary subdivision, site plan or conditional use approval has been granted. No construction permit shall be issued pursuant to the New Jersey State Uniform Construction Code Act unless and until any required zoning permit has issued and until any necessary subdivision, site plan or conditional use approval has been granted.
[Amended 12-30-2002 by Ord. No. 02-22]
D.
Temporary certificate of occupancy. The Construction Official may issue a temporary certificate of occupancy for a use related to the development of a permitted use for a period of one month.
E.
Certificate of occupancy. Any new lot or building or a change in use shall require a certificate of occupancy prior to its use. No certificate shall be issued unless the land, building and use comply with this chapter, all matters incorporated on the approved subdivision or site plan such as streets, drainage, parking and water and sewer service shall be completed and certified by the Municipal Engineer, and the Building and Health Codes are complied with.
§ 92-22 Validity.
If any provision of this chapter shall be adjudged by the courts to be invalid, such adjudication shall apply only to that provision and the remainder of this chapter shall be deemed valid and effective.
§ 92-23 Violations and penalties.
A.
In case of any violation of this chapter, the Township or an interested party may institute appropriate action to prevent such violation; to restrain, correct or abate such violation; to prevent the occupancy of said structure or land; and to prevent any illegal act, conduct, business or use in or about such premises. Any person convicted of such violations before a court of competent jurisdiction shall be subject to one or more of the following: a fine not to exceed $1,000, a term of imprisonment of not to exceed 90 days, or a period of community service not to exceed 90 days. Each day shall be deemed a separate violation.
B.
If before final subdivision approval, any person as owner or agent transfers or sells, or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval any land which forms a part of a subdivision for which municipal approval is required, such persons shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.
C.
In addition, the Township may institute and maintain a civil action:
(1)
For injunctive relief; and
(2)
To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56, but only if the municipality has a Planning Board and has adopted by ordinance standards and procedures in accordance with N.J.S.A. 40:55D-38.
D.
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.