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Fair Haven City Zoning Code

§ 30-9.1

Purpose.

[2002 Code § 16.36.010; Ord. No. 2015-07]
a. 
The purpose of this section is to set forth improvement standards and construction specifications for developments. Where a standard in Section 30-7 is referenced as a requirement by Section 30-5, Zoning District Regulations, or by Section 30-6, Conditional Uses, or by Section 30-7, General Zoning Provisions, then a deviation from the specified standard shall only be permitted when a variance is granted pursuant to N.J.S.A. 40:55D-70. In all other cases, relief may only be authorized as an exception to subdivision or site plan regulations pursuant to N.J.S.A. 40:55D-51.
A subdivision and/or site plan shall conform to standards that will result in a well-planned community, protect the health and safety of the residents, and provide a desirable living environment. The following improvements shall be required: streets and circulation, off-street parking, water supply, sanitary sewers, and stormwater management.
The requirements and standards of this section shall apply to all land development within the Borough except that with respect to development applications for residential subdivision or residential site plan approval, the residential site improvement standards of Article 3, Chapter 21 of the New Jersey Administrative Code shall govern, but only with respect to the particular standards or particular requirements, which are operative and have been validly adopted by the New Jersey Commissioner of Community Affairs pursuant to N.J.S.A. 40:55D40.1 et seq. If with respect to a particular standard or matter, no Statewide standard has been validly adopted by the Commissioner of Community Affairs, the requirements and standards of the development regulations of the Borough shall govern in such respect. In the event of future amendments of the residential site improvements of the Residential Site Improvement Act, N.J.S.A. 40:55D40.1 et seq., then only those specific sections of the development regulations of the Borough which are covered by the Act shall be superseded by the Statewide residential site improvement standards then in effect, and all other standards of the development regulations of the Borough shall be applicable to all land development applications in every case.
With respect to a particular standard or matter, no Statewide standard has been validly adopted by the Commissioner of Community Affairs, the requirements and standards of the development regulations of the Borough shall govern in such respect. In the event of future amendments of the residential site improvements of the Residential Site Improvement Act, N.J.S.A. 40:55D40.1 et seq., then only those specific sections of the development regulations of the Borough which are covered by the Act shall be superseded by the Statewide residential site improvement standards then in effect, and all other standards of the development regulations of the Borough shall be applicable to all land development applications in every case.
[2002 Code § 16.36.010]
b. 
Payment in Lieu of Installation of Improvements Required under the Improvement Standards. In lieu of installing sidewalks, curbs, gutters or drywells, a property owner or applicant may seek permission from the Borough Engineer to make a payment to the Borough in an amount equal to the cost of the required improvement by demonstrating to the Borough Engineer that one or more of these improvements is not practicable under the circumstances. The decision of the Borough Engineer shall be binding on the property owner or applicant. The amount of the required payment shall be determined by the Borough Engineer after reviewing estimates prepared by the property owner or applicant or its engineer. The payment shall be deposited by the Borough into a dedicated account designated as "The Borough of Fair Haven Sidewalk Bank Account." Any funds deposited into the account shall be utilized by the Borough for the express purpose of installing or repairing curbs or sidewalks on Borough sites and locations to be determined by the Borough Engineer, upon proper authorization from the Governing Body.
[Ord. No. 2015-07]