Franklin Lakes City Zoning Code

Administrative officer receiving applications for development. The administrative officer, as defined in § 300-98, shall examine all applications under his or her jurisdiction and shall approve all required inspections to ensure compliance with this chapter.

Review of subdivisions, site plans and soil removal applications.

Enforcement. The rules, regulations and standards contained in this chapter shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Borough. Any action taken by the Borough under the terms of this chapter shall give primary consideration to the purposes and provisions of this chapter and to the welfare of the entire community. Moreover, if an applicant or his agent can clearly demonstrate that, because of the peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impractical or will exact undue hardship, the appropriate municipal agency may permit such exceptions or exceptions as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.

Building destruction (knockdown). Where more than 50% of structural floor space of a building or structure is removed and/or destroyed, as determined by the Borough Engineer, any redevelopment of the building or structure shall be classified as new construction and the land shall be considered vacant for the purposes of this chapter, and such building or structure shall be required to meet all of the regulations contained herein.

It shall be the duty of the Zoning Officer to administer and enforce the provisions of this chapter and, in so doing, to inspect periodically the structures and land in the Borough, to investigate violations of the chapter coming to his attention, to serve notice upon property owners to abate any condition found to exist in violation of any provision(s) of this chapter, to sign complaints where justified and to cooperate with other Borough officials in the prosecution of violators. The enumeration herein of the duties of the Construction Code Officer and Zoning Officer shall not mean that other officials and employees shall be relieved of their obligation to enforce this chapter. The Construction Code Enforcement Official, Zoning Officer, Borough Engineer, or other Borough employees authorized by the Borough shall have the right to inspect any lot or building at reasonable times for the purpose of investigating possible violations of this chapter.

If the Zoning Officer finds any substantial deviation from any approved plans, he shall notify the permittee and the Borough Clerk in writing of the deviation. The Zoning Officer and the Borough may take such action as is provided in this chapter.

Stop orders. In the event that a permittee shall fail to comply with any condition or regulation or provisions of an approved plan, the Borough Engineer, Zoning Officer, and/or Construction Official may issue a stop order on all construction work within the area encompassed by the approved plan and which order may include requirements for the prompt correction of adverse conditions. Thereafter, no construction work of any type shall be performed within the area of the approved plan except such work as is in accordance with the requirements of the Borough official as set forth in said order or in accordance with the approved plan.

Permit revocation. In the event of a failure to comply with any condition of an approved soil erosion and sediment control plan or tree removal plan, upon recommendation of the Borough Engineer, Construction Official, or Zoning Officer, the Borough may revoke any construction permit for any property upon which such noncompliance occurs or for any property affected by such noncompliance. The Borough may also seek to enjoin the violation, or take such other steps as permitted by law.

Revocation of construction permit or certificate of occupancy. In the event of a failure to comply with any condition of final site plan approval, the Zoning Officer, Borough Engineer, or Construction Official on his or her initiative may revoke the construction permit or certificate of occupancy, as the case may be, and seek to enjoin the violation, or such other steps as permitted by law.

Any person who violates any of the provisions of this chapter or who fails to comply with any of the requirement thereof or who erects, raises, moves, extends, enlarges, alters or demolishes any structure in violation of any detailed statement or plan submitted hereunder, or who puts into use any lot or premises in violation of any detailed statement or plans submitted hereunder or who refuses reasonable opportunity to inspect any premises, or who violates the provisions of an approved plan or approval, or the conditions associated therewith, shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be liable to a fine of not more than $1,000, or to imprisonment for a term of not more than 90 days, or both, as such court in its discretion may impose. Each day during or on which a violation occurs or continues shall be deemed a separate offense.

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 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.

In addition, the Borough may institute and maintain a civil action:

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.

Fees for applications to the Planning Board shall be as follows:

Fees for applications to the Zoning Board of Adjustment shall be as follows:

The Borough's Chief Financial Officer (CFO) shall make all of the payments to professionals for services rendered to the Borough or the approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of P.L. 1975, c. 291. Such fees or charges shall be based upon a schedule established by resolution. The application review and inspection charges shall be limited to professional charges for review of applications, review and preparation of documents and inspections of developments under construction and review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Borough. The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of any such professionals or consultants including normal and typical expenses incurred in processing applications and inspecting improvements. As provided in 40:55D-53.2, no administrative or other related expenses shall be billed under these provisions. Where the salary, staff support and overhead for a Borough professional are provided by the Borough, the charge shall not exceed that which is provided in 40:55D-53.2.

Where the Borough requires a deposit toward anticipated municipal expenses for these professional services, the deposit shall be placed in an escrow account pursuant to N.J.S.A. 40:55D-53.1. The amount of the deposit required shall be reasonable in regard to the scale and complexity of the development. The amount of the initial deposit for review services shall be established by ordinance, and shall be calculated pursuant to N.J.S.A. 40:55D-53.2. The amount of the initial deposit for inspection fees shall be established in accordance with N.J.S.A. 40:55D-53.

Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service, and for each date the services performed, the hours spent to one-quarter increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the CFO, and a copy to the applicant. The CFO shall prepare and send to the applicant a statement which shall include an accounting of funds, as provided in N.J.S.A. 40:55D-53.2c.

If an escrow account or deposit has insufficient funds to enable required application reviews or improvement inspections, the CFO shall provide the applicant with a notice of the insufficient balance. In order for the work to continue on the development or the application, the applicant shall post a deposit to the account in an amount to be agreed upon by the Borough or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against replenishment of funds.

The following closeout procedure shall apply to all deposits and escrow accounts established under the provisions of P.L. 1975, c. 291 and shall commence after the approving authority has granted final approval and signed the subdivision plan or site plan, in the case of application review escrows and deposits, or after the improvements have been approved as provided in N.J.S.A. 40:55D-53 in the case of improvement inspection escrows and deposits. The applicant shall send written notice by certified mail to the CFO and the approving authority, and to the relevant professional, that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the CFO within thirty days, and shall send a copy simultaneously to the applicant. The CFO shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any remaining balance, including interest as provided in N.J.S.A. 40:55D-53.1 shall be refunded to the developer along with the final accounting.

All professional charges for review of an application for development for review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with conditions of approval, or review of requests for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by any state governmental agency and not under Borough jurisdiction except to the extent consultation with a state agency is necessary due to the effect of state approvals in the subdivision or site plan. Inspection fees shall be charged only for actual work shown on a plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work, and such inspections shall be reasonably based on the approved development plans and documents.

An applicant shall notify in writing the governing body with copies to the CFO, the approving authority and the professional whenever the applicant disputes the charges made by a professional for service rendered to the municipality in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to the provisions of P.L. 1975, c. 291. The governing body, or its designee, shall within a reasonable time period attempt to mediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals. The appeals process shall be as set forth in N.J.S.A. 40:55D-53.2a.

Escrow deposits for legal, engineering, planning, and Tree Specialist fees for applications before the Planning Board or Zoning Board of Adjustment, where applicable, shall be as follows:

Escrow deposits for legal, engineering, planning, and Tree Specialist fees for applications before the Zoning Board of Adjustment or Planning Board, where applicable, shall be as follows:

The Planning Board and Zoning Board of Adjustment shall have the authority to require an escrow deposit for legal, engineering, planning, and Tree Specialist fees in an amount less than the amount set forth in this section under exceptional circumstances upon written request by the applicant. In addition, the Borough Administrator shall have the authority to require an escrow deposit for legal, engineering, planning, and Tree Specialist fees in an amount less than the amount set forth in this section under exceptional circumstances upon written request by the applicant.

A minimum balance shall be maintained by the applicant in the escrow account. Inspections shall not be conducted, reports prepared, certificates or approvals issued or hearings conducted during any period of time when the balance in an account is less than the minimum required. It shall be the applicant's responsibility to monitor the account and ensure that the minimum is always maintained. The amount of the minimum balance shall be at least $1,000 for applications involving one single-family home and $5,000 for subdivision and site plan applications.

Before execution of the final subdivision plat, as a condition of final site plan approval, or as a condition to the granting of a development approval pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall have installed all improvements required by the Planning Board, except that the Borough Council may require and shall accept, in accordance with the standards adopted herein for the purpose of assuring the installation and maintenance of on-tract improvements, the following:

The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the Borough Council by resolution. 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 installation as determined as of the time of the passage of the resolution.

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

Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the Borough Council, in writing, by certified mail, that the Borough Engineer prepare, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection A of this section, a list of all uncompleted or unsatisfactorily completed improvements. A copy of the request shall be sent to the Borough Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Borough Engineer shall inspect all improvements covered by the request and shall file a written list and report with the Borough Council, with a copy to the obligor, not later than 45 days after the receipt of the obligor's request. The list prepared by the Borough Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory, or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report shall also identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to Subsection A of this section.

The Borough Council, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Borough Engineer, or reject any or all of these improvements, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Borough Engineer. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Borough Engineer. Upon adoption of the resolution by the Borough Council, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements. In the event that the obligor has made a cash deposit with the Borough or approving authority as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee.

If any portion of the required improvements is rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in this section, shall be followed.

Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination or lack of a determination of the Borough Council or the Borough Engineer.

The obligor shall reimburse the Borough for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements, provided that the Borough may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4). For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Borough Engineer for inspection, the developer shall deposit the remaining 50% of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Borough Engineer for inspection, the developer shall make additional deposits of 25% of the reasonably anticipated fees. The Borough Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.

In the event that final approval is by stages or sections of development pursuant to Subsection a of Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.

To the extent that any of the improvements have been dedicated to the Borough on the subdivision plat or site plan, the Borough Council shall be deemed, upon the release of any performance guarantee required pursuant to Subsection A of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Borough Engineer.

Building permits in a subdivision or site plan or approved subsection thereof, except for model buildings in the first subsection, will be issued only when all improvements, with the exception of the following, shall have been installed to serve all lots and structures within the subdivision or site plan, or approved subsection thereof, and approved by the Borough Engineer:

Permits for model buildings in the front subsection or 10% of the total number to be built in said subsection, whichever is less, not to exceed six, may be issued on commencement of construction of improvements.

Installation of sidewalks, where required on a lot, shall be completed prior to the issuance of a certificate of occupancy for that lot.

Notwithstanding any provision of this chapter to the contrary, upon completion of all improvements but prior to acceptance by the Borough Council of such improvements and prior to the release of any performance guarantee which may have been posted, deeds must be received, free and clear of all mortgages and encumbrances, for all fee and other property interests and improvements to be conveyed to the Borough.

A site plan bond shall be posted prior to earth disturbance.

A cash performance bond may be posted to secure the installation of such monuments as may be required by approvals for the development. The applicant, when submitting said bond, shall provide the name, address, telephone number and email address of a contact. The applicant, upon installation of the monuments, shall submit a request for refund or release of the bond to the Borough Engineer. Upon approval of the work by the Borough Engineer, the bond shall be released. In the event that, after a period of 24 months, a request for the release of the bond has not been received by the Borough, the Borough shall provide a notice to the applicant at the address provided advising the applicant that the bond can be released upon satisfactory inspection confirming installation of the monuments. In the event there is no response from the applicant within 30 days after the Borough has mailed said notice, the Borough shall transfer the cash bond to the Borough to be utilized for repairs and/or paving of streets.

Within 90 days of the adoption of a resolution granting final subdivision approval and prior to the execution of the final subdivision plat, there shall be executed and delivered to the Planning Board/Zoning Board Attorney an agreement between the developer and the Borough incorporating all of the terms and conditions of final approval. The agreement shall be drawn by the Planning Board/Zoning Board Attorney and shall be executed by the owner and developer of the subdivision.

In the event that all of the improvements have not been installed within the time period set forth in the developer's agreement, the developer may request, in writing, to the Borough Council, a one-year extension of the time in which to complete all improvements. No more than two such extensions will be considered unless the developer's agreement shall be accompanied by an application fee of $300 to cover the engineering and legal fees associated with the processing of the application.

Pursuant to the powers established in N.J.S.A. 40:55D-42, the following standards are hereby promulgated with respect to determining the proportionate or pro rata share of an applicant for a required off-tract improvement. Prior to the granting of final approval of a subdivision, the applicant shall have installed or made cash payments in the manner provided for below with respect to the immediate or ultimate installation of any required off-tract improvement.

Omissions. Omissions from the bond of any improvement will in no way be construed as to relieve the developer from his legal obligation to conform to the required improvements as provided for in this chapter.

Certification. Prior to the final acceptance of any of the required improvements by the Borough, the subdivision owner or owners shall have submitted satisfactory affidavits certifying that no unpaid bills, liabilities or liens against such improvements and installations are outstanding.

Whenever the Planning Board or Zoning Board of Adjustment approves an application for development with variances or conditions, pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1, et. seq.) the respective Board shall include in its resolution of approval the requirement that the applicant or recipient of the variance or condition, as the case may be, prepare a deed in recordable form that includes the variance(s) or condition(s). The applicant or his/her/its attorney shall submit the proposed deed to the Board's Attorney and Board's Engineer within 10 days after the grant of approval by the respective Board. After the deed is determined to be in proper recordable form, including the variance(s) or condition(s), the deed, at the applicant's expense, shall be recorded by the respective Board's Attorney with the Bergen County Clerk's Office Registry Division or any successor thereto. The deed shall be from the applicant as grantor to the applicant as grantee fully reciting the respective Board's actions in order to give fair notice to any interested party as to the status of the property in question. The applicant shall pay to the reviewing Board's Attorney reasonable and customary legal fees incurred for such review. A copy of the recorded deed shall be sent by the respective Board's Attorney to the applicant's Attorney or applicant, as the case may be, within 30 days of the date the deed has been recorded.

The procedure as set forth above shall be completed no later than 60 days after the date of publication of the resolution of approval by the respective Board.

The Resolution of approval by the respective Board shall be deemed contingent upon the proper recording of the deed as set forth herein.