Approvals for development shall be required as hereinafter provided:

A.

Subdivision Approval Required. Any owner of land within the city shall, prior to the subdivision of land as defined by this title, obtain final approval of a subdivision plat pursuant to Section 12.28.050. Such approval shall be a condition for the filing of such plat with the county recording officer.

B.

Site Plan Approval Required. Any owner of land within the city shall, except as hereinafter provided, obtain final approval of a site plan pursuant to Section 12.28.050 of this chapter for development involving either:

1.

Commencement, expansion, or relocation of any nonresidential principal or accessory use other than parking or loading which is not conducted wholly within an enclosed building, or

2.

Development which entails the following:

a.

A change of use from one schedule II category to another on a lot which exceeds eighty (80) feet in width,

b.

Construction or reconstruction of a building or building addition which covers more than eight hundred (800) square feet of lot area,

c.

Establishment, alteration, or elimination of stalls, aisles, or driveways comprising a parking area for five or more vehicles,

d.

Fill or removal of soil exceeding one foot in depth, or

e.

Provision of five thousand (5,000) square feet or more of required open space.

C.

Approval Required Prior to Issuance of a Building Permit. No building permit shall be issued for any structure or other construction until final approval has been granted to a site plan for such development or such development has been certified as exempt pursuant to Section 17.28.020 by the zoning administrator. No building permit shall be issued except in conformance with the approved site plan, and no building permit shall be issued until satisfactory proof has been exhibited by the applicant that he or she has all necessary easements, rights-of-way, leases or other documents required to commence and complete the work provided in said site plan, parking plan, drainage plan or other plan.

D.

Development shall be exempt from site plan review requirements where:

1.

Development is for a single detached one- or two-family dwelling structure, or

2.

Development is encompassed by subsection (B)(2) of this section and wherein existing and proposed physical site improvements have been certified by the city engineer, the city planner, and the city zoning administrator as being in conformance with the requirements of this chapter, and changes are limited to:

a.

An increase in the number of parking stalls of not more than ten (10) spaces or twenty-five (25) percent of the existing total spaces,

b.

An addition to an existing building which extends not more than eighteen (18) feet beyond the existing structure,

c.

A new building not exceeding one thousand (1,000) square feet in floor area,

d.

Fencing,

e.

Landscaping,

f.

Exterior site lighting, and/or

g.

Signage in conformance with master plan standards.

(Ord. 3905 § 1, 2007; prior code § 40-71)

No certificate of occupancy shall be issued for any purposes, except transfer pursuant to Section 17.08.070 of this title; where site plan approval has been required unless such development is in conformance with an approved final site plan.

(Prior code § 40-72)

At the request of the developer, the planning board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The developer shall not be required to submit any fees for such an informal review. The developer shall not be bound by any concept plan for which review is requested, and the planning board shall not be bound by any such review.

(Prior code § 40-73)

A developer may submit a written inquiry to the board of adjustment as to whether a proposed land use is permissible under the prior zoning ordinance or official zoning map. The board of adjustment shall issue a written response to the inquiry within forty-five (45) days after the next meeting following receipt of the request or within such additional time as may be consented to by the inquirer.

(Prior code § 40-74)

A.

The applicant shall submit ten (10) copies of an application for development as specified in this title to the secretary of the city agency having jurisdiction, pursuant to Section 17.28.110 of this chapter, over the application. An application fee in the amount set forth in Chapter 17.52 of this title shall accompany the application, which fee shall be paid by check to the order of the city.

B.

A developer may file an application for development with the board of adjustment for action under any of its powers without prior application to the zoning administrator.

C.

A developer whose proposed development requires a variance pursuant to this title may elect to submit a separate application requesting the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate granting of the variance shall be conditioned upon the granting of all required subsequent approvals by the same approving authority. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial detriment to the zone plan and zoning ordinance. The number of votes of the board members required to grant any such subsequent approval shall be as otherwise provided in this title for the approval in question, and any special vote shall not be required. In the event that the developer elects to submit separate consecutive applications, the time period for granting or denying such separate application shall be as provided in Section 17.28.130 of this chapter.

D.

Approval Procedure. The secretary of the approving authority shall distribute the application for review, report and approval when required, as follows:

1.

The city engineer,

2.

Department of community development,

3.

The zoning administrator,

4.

The department of public works,

5.

The department of health, welfare and housing,

6.

The police department,

7.

The bureau of fire prevention,

8.

The city planner, and

9.

The recycling coordinator for preliminary site plans involving multi-family dwellings with three or more units.

E.

A hearing shall be held on all applications for development. The procedures under Chapter 17.04 of this title shall apply.

F.

Approval shall be granted or denied in accordance with findings pursuant to Section 17.28.180 of this chapter. Where the application involves a site plan or subdivision plat, such approval shall be deemed preliminary.

G.

Where an application does not require public notice and hearing, receipt of favorable reports pursuant to subsection C of this section shall suffice in lieu of findings pursuant to Section 17.28.180 of this chapter. Approval shall be granted by the approving authority or a subcommittee of the approving authority appointed by the chairman. Such approval shall be deemed final approval of the application by the approving authority, provided that the approving authority or subcommittee may condition such approval on terms ensuring the provision of improvements pursuant to this title.

H.

Prior to the expiration of preliminary approval, the applicant may submit to the secretary of the city agency which granted such approval three copies of an application for final approval and, in the case of site plans, ten (10) black-on-white prints and, in the case of subdivision plats, one original drawing in black ink on translucent tracing cloth or its equivalent of good quality, with signatures in ink, or, as an equivalent, reproduction on translucent cloth or its equivalent, and two cloth print duplicates and ten (10) black-on-white prints. An application fee in the amount set forth in Chapter 17.52 of this title shall accompany the application, which shall be paid by check to the order of the city.

I.

The approving authority shall grant final approval to the development application if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this title for final approval and the conditions of preliminary approval and the city engineer certifies that:

1.

All improvements have been installed in accordance with the requirements of these regulations or a performance guaranty has been posted with the city clerk in an amount not to exceed one hundred twenty (120) percent of the cost of installation of required improvements.

2.

A maintenance guaranty has been posted with the city clerk for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed fifteen (15) percent of the cost of the improvement.

3.

In the case of subdivision plats, that the plat conforms to the standards prescribed by the Map Filing Law, P.L. 1960, c. 141.

(Prior code § 40-76)

Preliminary approval of a subdivision or site plan shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

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 and off-tract improvements; and, in the case of a site plan, existing natural resources to be preserved on the site; vehicular and pedestrian circulation, parking and loading; screening, landscaping and location of structures; and exterior lighting both for safety reasons and street lighting, except that nothing herein shall be construed to prevent the city from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

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 plat or site plan.

C.

That the applicant may apply for and the reviewing board may grant extensions on such primary 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.

(Prior code § 40-77)

The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to preliminary approval, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided. If the developer has followed the standards prescribed for final approval, and, in the case of a subdivision, has duly recorded the plat as required, the approving authority may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this title or the Municipal Land Use Law, the granting of final approval terminates the period of preliminary approval.

(Prior code § 40-78)

A.

Recording of Final Approval of Subdivision.

1.

Final approval of a subdivision shall be evidenced by the signature of the chairman and secretary of the approving authority on the instruments.

a.

Final approval of a major subdivision shall expire ninety-five (95) days from the date of signing of the plat unless within such period the plat shall have been duly filed with the county recording officer. The approving authority may, for good cause shown, extend the period for recording for an additional period not to exceed one hundred ninety (190) days from the date of signing of the plat.

b.

Final approval of a minor subdivision shall expire one hundred ninety (190) days from the date of approval unless within such period a plat or a deed clearly describing the approved subdivision is filed with the county recording officer, the municipal engineer and the municipal lax assessor.

2.

The signature of the chairman and secretary of the approving authority shall not be affixed except; pursuant to Section 17.28.050(H) of this chapter.

B.

Filing of All Subdivision Plats. It shall be the duty of the county recording officer to notify the planning board and the city tax assessor in writing within seven days of the filing of any plat, identifying such instrument by its title, date of filing and official number. If the county recording officer records any plat without such approval, such recording shall be deemed null and void, and upon request of the municipality, the plan shall be expunged from the official records.

(Prior code § 40-79)

A.

Variance and Exception. The approving authority, when acting upon applications for development, shall have the power to grant variances from Chapters 17.36 and 17.44 in accordance with the provisions of this title.

B.

Exceptions. The approving authority, when acting upon applications for preliminary subdivision or site plan approval shall have the power to grant such exceptions from the requirements for development approval as may be reasonable and within the general purpose and intent of the provisions for development review and approval of an ordinance adopted pursuant to this chapter, if the literal enforcement of one more provisions of the ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

C.

Expiration. Any variance or exception from the terms of this chapter hereafter granted by the approving authority permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation unless such construction or alteration shall have been actually commenced on each and every structure permitted by the variances or exception or unless such permitted use has actually been commenced within the longer of nine months or the effective period of final approval of subdivision plats or site plans; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the board of adjustment to the city council or to a court of competent jurisdiction, until the termination in any manner of such appeal or proceeding.

(Prior code § 40-80)

The approving authority shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer being required to make further application to the approving authority or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it is for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this section, notice of the hearing on the plat shall include reference to the request for such conditional use.

(Prior code § 40-81)

A.

The order of precedence of applications for development shall be as follows:

B.

The jurisdiction of the matter or greatest precedence shall apply, and the agency having jurisdiction over the application shall have jurisdiction over all types of development of lesser precedence as regulated by this chapter.

(Prior code § 40-82)

An application for development shall be deemed to be complete for the purpose of commencing the period within which board action is to be taken upon submission unless the board or the board's designee determines that it does not fulfill the criteria for a complete application. The board may subsequently require corrections, additions or revisions to the documents as needed to make an informed decision as to whether the application is entitled to approval.

A.

Notification. The board or the board's designee shall have notified the applicant in writing of the deficiencies of the submitted application within forty-five (45) days of such application.

B.

Waivers. The applicant may request that one or more of the completeness requirements be waived, in which event the board or its authorized committee shall grant or deny the request within forty-five (45) days.

C.

Checklist. All applicants shall be provided with the criteria for a complete application which shall serve as a checklist.

D.

Criteria for basic application documents shall be as follows:

1.

All development applications shall include the following documents:

a.

Completed application forms with original, signature of the applicant or an authorized representative and notarized,

b.

Evidence of payment of required fees,

c.

Disclosure statement of all ownership interests pursuant to N.J.S.A. 40:55D-48.1 et seq., and

d.

A development proposal containing the minimum elements as required and specified herein (the approving authority may, at its discretion, require building elevation drawings with specifications of facade materials).

2.

In addition, final major subdivision and site plan applications shall include the following documents.

a.

A statement as to the fulfillment of all conditions imposed by preliminary approval to which is appended a certified copy of the approving resolution,

b.

Completed engineering plans,

c.

A statement as to the installation of required improvements indicating whether the improvements have been installed, or that guarantees have been posted, or that guarantees are to be a condition of approval to which is appended the certifications of the municipal engineer or municipal clerk as appropriate, and

d.

Certification showing all current tax/water rents paid.

3.

In addition, applications for other that final subdivision and final site plan shall include the following additional documents.

a.

A statement as to the existence and nature of protective covenants and deed restrictions,

b.

A taxmap sheet(s) showing the property in question and all properties within four hundred (400) feet, and

c.

A current survey showing all property lines with dimensions and bearings and depicting existing conditions.

E.

Development proposals shall contain the following minimum elements.

1.

Variances proposals shall include the following elements:

a.

Building layout plan,

b.

Other plans and schedules as required to demonstrate the nature of the relief sought, and

c.

Zoning schedule.

2.

Minor Subdivision proposals shall include the following elements:

a.

Zoning schedule, and

b.

Utilities plan.

3.

Preliminary major subdivision proposals shall include the following elements:

a.

Zoning schedule,

b.

Proposed property lines with dimensions and bearings,

c.

Building layout plan,

d.

Drainage schedule,

e.

Drainage plan,

f.

Utilities plan, and

g.

For areas within the public rights-of-way;

i.

Pavement plan,

ii.

Lighting schedule,

iii.

Landscape schedule, and

iv.

Landscape plan.

4.

Preliminary site plan proposals shall include the following elements:

a.

Zoning schedule,

b.

Building layout plan,

c.

Drainage schedule,

d.

Drainage plan,

e.

Utilities plan,

f.

Pavement striping schedule,

g.

Pavement plan,

h.

Lighting schedule,

i.

Landscape schedule, and

j.

Landscape plan.

F.

Proposal elements shall be prepared in accord with the format and content specifications for plans and schedules as follows. Schedules shall clearly note items which are variances from zoning requirements or exceptions from design standards.

1.

Sheets for any drawing subject to site plan or subdivision approval shall conform to the following specifications:

a.

All engineering drawings shall have individual sheets folded to fit with an eight and one-half by eleven (11) inch area.

b.

All preliminary site plans, subdivision sketch plats and plot plans shall be submitted on standard eight and one-half by eleven (11) inch sheets.

c.

Maps to be recorded with the county shall be on a sheet size meeting one of four standards:

i.

Eight and one-half by thirteen (13) inches;

ii.

Thirty (30) by forty-two (42) inches;

iii.

Twenty-four (24) by thirty-six (36), inches; and

iv.

Or fifteen (15) by twenty-one (21) inches.

d.

A title block shall contain:

i.

Title of proposal;

ii.

Name and address of applicant;

iii.

Name, address and seal of architect/engineer/surveyor; and

iv.

Date prepared with revision dates and descriptions.

e.

Orientation shall be provided by:

i.

Graphic scale;

ii.

Numeric scale;

iii.

North arrow; and

iv.

Key map with reference to all streets within three thousand (3,000) feet at a scale of not more than two thousand five hundred (2,500) feet to the inch to be provided on at least one sheet of any set.

2.

Zoning schedules shall be titled and arranged in columns describing limits, proposed conditions, and compliance/variance status for:

a.

Building height;

b.

Front street setback;

c.

Rear street setback;

d.

Property line setback;

e.

Building coverage;

f.

Parking;

g.

Loading; and

h.

Any other code requirements;

3.

Building layout plan drawings shall be titled and keyed to a legend depicting:

a.

Building lines with setback dimensions and heights;

b.

Building projection lines with dimensions, heights or clearances;

c.

New construction;

d.

Reconstruction; and

e.

Demolition.

4.

Drainage Schedules shall be titled and arranged in columns describing:

a.

Runoff coefficient and limit; and

b.

Design storm frequency.

5.

Drainage plan drawings shall be titled and keyed to a legend depicting:

a.

Drainage areas with discharge points and flow direction;

b.

Open and piped interconnections between areas;

c.

Location and height of terraced and bermed areas; and

d.

Depth of sheet flow in pedestrian areas for design storm shown in one inch contours.

6.

Utilities plan drawings shall be titled and keyed to a legend depicting:

a.

Water service, hydrants and meters;

b.

Sanitary sewer service;

c.

Gas service and meters;

d.

Electric service and transformers; and

e.

Heating fuel tanks.

7.

Pavement striping schedules shall be titled and arranged in columns describing:

a.

Parking stall category (resident, employee, customer short-term, customer long-term, wheelchair accessible);

b.

Parking stall width;

c.

Stall angle;

d.

Stall depth and overhang depth;

e.

Pedestrian aisle width along side of stalls; and

f.

Driveway aisle width.

8.

Pavement plan drawings for vehicular areas shall be titled and keyed to a legend depicting:

a.

Curbing with type of material;

b.

Driveway aprons and driveways within public rights-of-way with pavement type;

c.

Parking stalls, aisles and driveways outside public rights-of-way with pavement type; and

d.

Sight distance triangle minimums for intersections of vehicular drives with streets, parking aisles, walls, building corners and walks.

9.

Lighting schedules shall be titled and arranged in columns describing:

a.

Functional area (parking/pedestrian area, driveway/aisle intersections, pedestrian hazards, building entry, loading dock);

b.

Level (peak, off-hour, late-night security);

c.

Minimum point illumination;

d.

Maximum uniformity ratio of average illumination to minimum;

e.

Maximum uniformity ratio of maximum illumination to minimum;

f.

Fixture type (Flood, spot, cut-off [minimum eighty-one (81) degree]); and

g.

Height limit for fixtures.

10.

Landscape schedules shall be titled and arranged in columns describing:

a.

Planting type (deciduous, coniferous, tree, shrub, groundcover);

b.

Minimum planting size; and

c.

Planting condition (bare root, balled, canned).

11.

Landscape plan drawings shall be titled and keyed to a legend depicting:

a.

Building entrances and exits;

b.

Walks, patios and other paved surfaces showing material type;

c.

Outdoor storage enclosures for refuse and recycleables;

d.

Exterior utilitarian appurtanences which require visal screening (air conditioners, transformers, meters, etc.);

e.

Fences and walls with height and function (screening, security, or delineative and classified as decorative or utilitarian);

f.

Other landscape structures (patios, walks, pools);

g.

Existing trees over eighteen (18) inches caliper;

h.

Shade tree canopy drip line at maturity;

i.

Screen planting areas with height at maturity;

j.

Groundcover planting areas; and

k.

Decorative planting beds.

G.

Engineering plan drawings shall contain the following:

1.

For any street improvements: plans, cross sections and center-line profile;

2.

For any public utilities: plans and profiles with any easements delineated;

3.

For any pavement: profiles and material specifications;

4.

For any drainage facilities: contours or spot elevations, profiles and specifications including pipe sizes, invert elevations and capacity;

5.

For any exterior lighting: location, mounting, fixture type and specifications for wattage and isofootcandle pattern;

6.

For any walls or fences: profiles and specificae tions; and

7.

For any planting: expanded planting schedule, including quantity, common and botanical name, height or caliper at time of planting, root condition, seasonal restrictions on installation; specifications for installation including profiles; and mixture for seeding.

(Prior code § 40-83)

A.

Action by Planning Board. Upon the submission of a complete application for development, the planning board shall grant or deny approval within the maximum number of days of the date of such submission as specified below or within such further time as may be consented to by the applicant. Where more than one type of application is involved, the longer time period shall apply:

B.

Action by Board of Adjustment. Upon the submision of a complete application for development, the board of adjustment shall grant or deny approval within one hundred twenty (120) days of the date of such submission by the applicant.

(Prior code § 40-84)

Should the planning board or the zoning board of adjustment, as the case may be, fail to reach a decision within the specified time periods or extensions thereof, the applicant may request from the secretary of the approving authority a certificate indicating the approving authority's failure to act. Such certificate shall be sufficient in lieu of the written endorsement or other required evidence of approval.

(Prior code § 40-85)

If the approving authority requires any substantial amendments in the layout of improvements proposed by the applicant that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon as in the case of the original application.

(Prior code § 40-86)

Whenever review, or approval of the application by the county planning board is required by Section 5 of P.L. 1968, c.285, in the case of a subdivision, or Section 8 of P.L. 1968 c.285, in the case of a site plan, the approving agency shall condition any approval that it grants upon timely recept of a favorable report on the application by the planning board or failure to report thereupon within the required time.

(Prior code § 40-87)

An application may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the appointing authority shall act.

(Prior code § 40-88)

The approving authority may grant approval to an application for development where it finds that:

A.

The proposed development is consistent with the master plan proposals adopted by the planning board.

B.

The proposed use shall be compatible with surrounding uses.

C.

The proposed use shall not have any injurious effect on surrounding property values.

D.

The proposed use is so designed, located and proposed to be operated that the public health, welfare, safety and convenience of the citizens will be protected.

E.

The interests of the public, and of the residents, occupants and owners of the proposed development are protected.

F.

The proposed layout of the development is consistent with the requirements of Chapters 17.32 and 17.36 of this title.

G.

The streets are of sufficient width and suitable grade and suitably located to accommodate prospective traffic and to provide easy access for fire-fighting and emergency equipment to buildings and coordinated so as to compose a convenient and efficient system consistent with the official map and the circulation element of the master plan, provided that no street of a width greater than fifty (50) feet within the right-of-way lines shall be required unless said street constitutes an extension of an existing street or a street shown on the official map which is of greater width.

H.

Adequate potable and fire water supplies, drainage, shade trees, sewerage facilities and other utilities necessary for essential service to residents and occupants are provided.

I.

Off-tract water, sewer, drainage and street improvements which are necessitated by development are provided.

J.

Development of lands designated as subject to flooding is designed so as to avoid danger to life or property.

K.

Protection and conservation of soils from erosion by wind, water, excavation or grading and from contamination by unsanitary fill or dumping is provided for.

L.

The applicant has submitted evidence that no taxes or assessments for local improvements are due or delinquent on the property for which application is made.

M.

Where deemed appropriate, that the proposed structures are suitably located.

N.

Safe and efficient vehicular, and pedestrian circulation, parking and loading is provided.

O.

Exterior lighting is adequate for safety and security reasons.

P.

Existing natural resources are to be preserved by the development.

Q.

The proposed development is suitably screened and landscaped.

R.

The proposed development is in conformity with the standards for delineated airport hazard areas promulgated by the Commission of Transportation pursuant to the Air Safety and Hazardous Zoning Act or a waiver from those standards has been issued by the Commissioner.

S.

Large scale development proposals achieve the following design objectives:

1.

The overall plan shall provide for an effective and unified treatment of the development possibilities of the site, making appropriate provision for the preservation of amenities of the site and the surrounding areas.

2.

All buildings in the layout and design shall be an integral part of the development and shall have convenient access to and from adjacent uses and blocks.

3.

Individual buildings shall be related to each other in design, masses, materials, placement and connections, to provide a visually and physically integrated development.

4.

Treatment of the sides and rear of all buildings within the planned development shall be comparable in building materials as to the treatment given to the fronts of these same buildings.

5.

The design of buildings and the parking facilities shall take advantage of the topography of the site, where appropriate, to provide separate levels of access.

6.

All buildings shall be arranged so as to be accessible to emergency vehicles.

7.

Facilities for the temporary storage of refuse,o f garbage and recyclables awaiting removal shall be designed and located in such a manner as to make the facilities inconspicuous to the general public and to prevent the spread of refuse to other areas.

8.

Air conditioning and other mechanical equipment shall be screened from public view with suitable materials to harmonize with the total development.

(Prior code § 40-89)

A.

Before granting of final approval for subdivision plats or site plans, the approving authority shall require and accept in accordance with the standards adopted by this title for the purpose of assuring the installation and maintenance of on-tract improvements:

1.

The furnishing of a performance guaranty in favor of the city in an amount not to exceed one hundred twenty (120) percent of the cost of installation for improvements it may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyors' monuments, as shown on the final map and as required by the Map Filing Law, P.L. 1960, c.141 (N.J.S.A. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping, provided that no more than ten (10) percent of the total performance guaranty shall be required to be in cash and the balance shall be in the form of a bond from a bonding company approved by the city council. The city engineer shall review the improvements required by the approving authority which are to be bonded and itemize their cost. Such itemization shall be the basis for determining the amount of the performance guaranty and maintenance guaranty required by the approving authority. The city engineer shall forward his or her estimate of the cost of improvements to the applicant within thirty (30) days of the date of receipt of a request sent by certified mail for the estimate.

2.

The furnishing of a maintenance guaranty to be posted with the city council for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed fifteen (15) percent of the cost of the improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or that the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty; as the case may be, shall be required for such utilities or improvements.

B.

The amount of any performance guaranty may be reduced by the city council by resolution, when portions of the improvements have been certified by the city engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be established by the city or county resolution.

C.

If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the city for the reasonable cost of the improvements not completed or corrected, and the city may, either prior to or after the receipt of the proceeds thereof, complete such improvements.

D.

When all of the required improvements have been completed, the obligor shall notify the city council in writing, by certified mail addressed in care of the city clerk, of the completion of said improvements and shall send a copy thereof to the city engineer. Thereupon the city engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the city ouncil 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 city council shall either approve, partially approve or reject the improvements, on the basis of the report of the city engineer and shall notify the obligor in writing, by certified mail, of the contents of the report and the action of the approving authority with relation thereto, not later than sixty-five (65) days after the 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 the improvements not yet approved. Failure of the city council to send or provide such notification to the obligor within sixty-five (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 approving authority may require the obligor to complete such improvements, and, upon completion, the same procedure of notification as set forth in this section shall be followed.

G.

The obligor shall reimburse the city for all reasonable inspection fees paid the city engineer for the foregoing inspection of improvements.

(Prior code § 40-90)

A.

The planning board is authorized to approve planned developments in order to promote flexibility in the arrangement of land uses in accordance with this title and pursuant to the provisions of N.J.S.A. 40:55D-39 and to grant approvals to general development plans consistent with the provisions of N.J.S.A. 40:55D-45.

1.

Prior to granting approval to any planned development, the planning board shall find the following facts and conclusions:

a.

Departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance standards pursuant to subsection N.J.S.A. 40:55D-65c.;

b.

The proposals for maintenance and conservation of the common open space are reliable, and the amount, location and purpose of the common open space are adequate;

c.

Provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment are adequate;

d.

The proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established; and

e.

In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.

2.

Site plans for planned developments shall conform to the requirements for conventional site plans as well as to the requirements for planned developments. In the event of a conflict, the planned development requirements shall supersede site plan requirements. The following additional requirements shall be satisfied prior to final approval:

a.

The staging proposals for any planned development shall ensure that each stage shall encompass a balanced mix of land uses in proportion to the mix for the entire development and that each stage shall provide for completion of all streets, utilities and services necessary for the section whether located within or outside the section.

b.

The p1anning board may authorize a greater concentration of density or intensity within a stage but only where offset by a lesser concentration in any completed prior stages or offset by an appropriate reservation of open space on the remaining land by grant of easement or covenant in favor of the municipality.

c.

The legal documents proposed to provide for deed restrictions, cross access agreements and cross maintenance agreements have been submitted and found to satisfactorily provide for the public's interests.

d.

All open space created shall be set aside as a separate parcel and maintained for the benefit of the owners and/or occupants of the development in accordance with N.J.S.A. 40:55D-43.

3.

Subdivision plats for planned developments shall conform to the requirements for conventional subdivision plats as well as to the requirements for planned developments. In the event of a conflict, the planned development requirements shall supersede subdivision plat requirements. The following additional requirements shall be satisfied prior to preliminary approval.

a.

The staging proposals for any planned development shall ensure that each stage shall encompass a balanced mix of land uses in proportion to the mix for the entire development and that each stage shall provide for completion of all streets, utilities and services necessary for the section whether located within or outside the section.

b.

The planning board may authorize a greater concentration of density or intensity within a stage but only where offset by a lesser concentration in any completed prior stages or offset by an appropriate reservation of open space on the remaining land by grant of easement or covenant in favor of the municipality.

c.

The legal documents proposed to provide for deed restrictions, cross access agreements and cross maintenance agreements have been submitted and found to satisfactorily provide for the public's interests.

d.

All open space created shall be set aside as a separate parcel and maintained for the benefit of the owners and/or occupants of the and found to conform with the objectives of the plans and proposals for the planned development and the intent of this chapter.

i.

The enabling declaration shall set forth the developer's intent to charge an association with certain responsibilities, including the covenants, which set forth the purchaser's responsibilities and obligations including the provisions for ownership and management of the common areas, the establishment of association assessments as a lien against all lots, the rights of members including voting rights, the basis for assessments, the basis for enforcement of covenants by the association, and the process of amendments.

ii.

The articles of incorporation shall establish the association, set forth the name of the association, the name and address of principal officers at the time of incorporation, and the purpose and powers of the association. It shall set forth terms of membership and voting rights, create the initial board of directors, establish procedures for dissolution, the duration of the association in the absence of dissolution, the basis for amendments to the articles of incorporation, and the severability of provisions.

iii.

The bylaws shall set forth the meeting of the association; the basis for a quorum, provisions for vote by development in accordance with N.J.S.A. 40:55D-43.

iv.

The planning board shall determine the appropriateness of proposed dedications of open space prior to granting subdivision approval. Unless dedicated for public use, organizations shall be established for the ownership and maintenance of all open space parcels.

(A)

The developer shall provide for an organization pursuant to N.J.S.A. 40:55D-43 for the ownership and maintenance of open space created under a planned development.

(B)

Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter, such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the municipality.

(C)

All owners of property within a planned development shall be required to become members of the owners' association charged with ownership and maintenance of open space and other common facilities. All properties shall include a provision in their deeds requiring membership in the owners' association. This requirement shall pass from owner to owner as a deed restriction.

(D)

The legal documents proposed in the establishment of the required owners' association shall have been submitted proxy, and the notice of meetings. Bylaws shall set forth the terms of office for the board of directors, the composition of the board, the method of nomination, the method of election, and the handling of resignations, removals, vacancies, and compensation, as well as the conduct of board meetings. They shall also set forth the power and duties of the board. The officers, their means of election, terms of office, and their duties shall be described. The committees required or the basis for their establishment shall be defined. The fiscal year shall be established, the indemnification of officers shall be described, and the basis for amendment shall be set forth.

(E)

The proposed form of deed clause referring to the declaration and clanfying the title to common property adjacent to a lot.

(F)

An information brochure designed to help to ensure that all purchasers are informed of the association. It shall restate in clear text the relationship between the association, the purchaser, and the developer. It shall cover the major elements of common area identification, ownership and use, the structure of the association, dues, officer and director selection and election, architectural controls, liens, annexation, dissolution, and other areas.

v.

The plat shall contain specifics of the enabling declaration dealing with the title to the common property, the granting of easements of enjoyment, an indication as to whether the designated areas are dedicated for use by the general public or they are, or are intended to be, conveyed to an association.

vi.

Any condominium or owners' association filings with the New Jersey Department of Community Affairs shall also be filed with the planning board.

f.

Residential clusters shall conform to the following requirements:

i.

Each cluster shall be restricted to one type of land use/housing type in a contiguous group.

ii.

The total number of dwelling units, or lots for single-family dwellings, shall not exceed the allowable density multiplied by the tract area to be improved for residential use plus any open space set aside for residential use.

iii.

Where proposed open space for residential use is not dedicated to public use, the cluster shall contain a minimum of eighty (80) dwelling units.

iv.

Building lots shall conform with the requirements for the alternative zone as if developed in that zone and shall maintain continuing compliance with said zone requirements.

v.

Developed open space parcels shall be designed to accommodate pedestrian ways of not less than ten (10) feet in width and recreation sites of not less than two thousand five hundred (2,500) square feet in area.

(Prior code § 40-94)