Franklin Township Warren County
City Zoning Code
City Zoning Code
ARTICLE IV
Provisions Applicable to Board
§ 90-24 Conflicts of interest.
[Amended 12-9-2002 by Ord. No. 2002-14]
No member of the Land Use Board shall act on any matter in which he has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.
§ 90-25 Meetings.
A.
Meetings of the Land Use Board shall be scheduled no less often than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process.
[Amended 12-9-2002 by Ord. No. 2002-14]
B.
Special meetings may be provided for at the call of the Chairman or on the request of any two Board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.
C.
No action shall be taken at any meeting without a quorum being present.
D.
All actions shall be taken by majority vote of the members present at the meeting, except as otherwise required by the statutory provisions enumerated in N.J.S.A. 40:55D-9a or this chapter.
[Amended 9-28-1987 by Ord. No. 87-9]
E.
All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Act, P.L. 1975. c. 231[1] An executive session for the purpose of discussing and studying any matters to come before the Board shall not be deemed a regular or special meeting within the meaning of this chapter.
[1]
Editor's Note: See N.J.S.A. 10:4-6 through 10:4-10.
§ 90-26 Minutes.
Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter 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 for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee for reproduction of the minutes for his use as provided for in the rules of the Board.
§ 90-26.1 Applications for development.
[Added 10-31-1988 by Ord. No. 88-9]
A.
Application forms. All applicants for development shall obtain application forms from the Secretary of the municipal agency to which the application is to be submitted.
B.
Checklists.
(1)
Whenever an application form is issued to an applicant for development by the Secretary of the municipal agency, the Secretary shall also furnish to the applicant a copy of the appropriate checklist or checklists pertinent to the application or applications to be submitted by the applicant pursuant to the following list:
Checklist | Requirement | |
|---|---|---|
Development Review Checklist | All applicants | |
Checklist Addendum A | Minor subdivision approval | |
Checklist Addendum B | Sketch plat approval of major subdivision | |
Checklist Addendum C | Preliminary plat approval of major subdivision | |
Checklist Addendum D | Final plat approval of major subdivision | |
Checklist Addendum E | Concept plan approval of site plans | |
Checklist Addendum F | Preliminary and final approval of site plan | |
Checklist Addendum G [Amended 8-24-1992 by Ord. No. 92-6; 8-8-1994 by Ord. No. 94-6] | Minor site plan approval | |
Checklist Addendum H | (Reserved for zoning variance approval or granting of relief) | |
Checklist Addendum I | (Reserved for issuance of a permit pursuant to N.J.S.A.40:55D-34 or 40:55D-36) | |
Checklist Addendum J [Added 8-24-1992 by Ord. No. 92-6; amended 8-8-1994 by Ord. No. 94-6] | (Reserved for conditional use permit) | |
Checklist Addendum H, Phase I Geologic Investigation Checklist [Added 6-10-1996 by Ord. No. 96-9] | All applicants |
(2)
The above checklists are hereby made a part of this section and included in the chapter as an Appendix.[1]
B1. | All applicants filing for major subdivision approval, conditional use approval or site plan approval (except minor site plans) shall undertake a geologic investigation program. All applicants shall complete and submit the Phase I Geologic Investigation Checklist. Completion of the Phase II Investigation shall be based on the recommendation of the Township Geotechnical Consultant (TGC), whose recommendation shall be based on the purposes of this chapter as set forth in § 90-72A. [Added 6-10-1996 by Ord. No. 96-9] |
[1]
Editor's Note: The checklists, except the Development Review Checklist, are included at the end of this chapter.
C.
Completeness of application. An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. A municipal agency may authorize a committee or designee to certify completeness by resolution adopted at a regular meeting of that municipal agency. Certification as to the completeness of an application shall be in the form of a motion of that agency, duly adopted at a regular meeting, or the execution of a checklist certification of completeness by the authorized committee or designee. In the event that the agency does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless the application lacks information required by a checklist authorized by § 90-26.1B, and the municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. Notice of an incomplete application shall be mailed to the applicant at the address set forth in the application.
§ 90-27 Fees.
[Amended 5-12-1980 by Ord. No. 80-7; 5-11-1981 by Ord. No. 81-5; 5-23-1983 by Ord. No. 83-4; 9-28-1987 by Ord. No. 87-9; 1-25-1988 by Ord. No. 88-3; 10-31-1988 by Ord. No. 88-9; 3-26-1990; 8-24-1992 by Ord. No. 92-6; 11-30-1992 by Ord. No. 92-7; 6-14-1993 by Ord. No. 93-5; 8-8-1994 by Ord. No. 94-4; 8-8-1994 by Ord. No. 94-6; 12-28-1998 by Ord. No. 98-17; 12-13-1999 by Ord. No. 99-23; 4-8-2002 by Ord. No. 2002-5; 12-9-2002 by Ord. No. 2002-14]
Fees for applications or for the rendering of any service by the Land Use Board or any member of its administrative staffs which are not otherwise provided by ordinance shall be as follows:
A.
Filing fee: to cover normal services required for processing all applications for development and to be paid at the time an application is filed.
(1)
Concept plan or informal discussion: $100 to be credited toward fees for the later application for development.
(2)
Agricultural subdivision: $100.00.
(4)
Major subdivision:
(a)
Sketch plat: $200, plus $100 per lot for the first 20 lots and $50 for each additional lot over 20 lots.
(b)
Preliminary plat: $700, plus $200 per lot for the first 20 lots, $125 per lot for the next 30 lots and $75 per lot for each additional lot over 50 lots.
(c)
Final plat: $250, plus $100 per lot for the first 20 lots and $50 per lot for each additional lot over 20 lots.
(5)
Minor site plan: $200.
(7)
Conditional use (N.J.S.A. 40:55D-67): $250, except that the filing fee for applicants for ECHO housing units shall be $100.
(8)
Appeal (N.J.S.A. 40:55D-70a): $250.
(9)
Interpretation (N.J.S.A. 40:55D-70b): $250.
(10)
Variance (N.J.S.A. 40:55D-70c): for residential properties (improved or unimproved), $250; for nonresidential properties (improved or unimproved), $500.
(11)
Use or a special reason variance (N.J.S.A. 40:55D-70d): $250.
(12)
Building permit appeal (N.J.S.A. 40:55D-36): $250.
(13)
Application or appeal to Land Use Board for certification of preexisting use or structure (N.J.S.A. 40:55D-68): $250.
(14)
Other unspecified applications to the Land Use Board: $250.
(15)
Appeal to the Township Committee: $150.
(16)
Amended approval: $250.
(17)
Extensions of approvals: $100.
B.
Review deposit: To be paid at the time an application is filed to reimburse the Township for costs of engineering, planning and legal or other technical or professional reviews, research, reports and/or testimony as are deemed necessary by the municipal agency in order to assure compliance with state and Township laws, ordinances, rules and regulations and to be administered in accordance with § 90-27E of this Code and other applicable law.
(2)
Agricultural subdivision: $500.
(4)
Major subdivision:
(a)
Sketch plat: $200 per lot for the first 20 lots, $100 per lot for each additional lot over 20 lots.
(b)
Preliminary plat: $400 per lot for the first 20 lots and $250 per lot for the next 30 lots, $100 per lot for each additional lot over 50 lots.
(c)
Final plat: $200 per lot for the first 20 lots, $100 per lot for the next 30 lots and $50 per lot for each additional lot over 50 lots.
(5)
Minor site plan: $2,000.
[Amended 7-7-2014 by Ord. No. 2014-4]
(6)
Telecommunications facilities: If no new tower is proposed, $2,000; if a new tower is proposed, $5,000.
(7)
Major site plan: $10 per 1,000 square feet of lot area to be developed, plus $75 per one thousand square feet of building area and paved driveway/parking area.
(7.1) | Final site plan: 50% of the preliminary site plan deposit. The Township shall tabulate the costs of the Land Use Board and Township Engineer, Planner and Attorney, their staffs and any additional experts required for a proper review and documentation. These costs shall be deducted from the engineering/planning and legal review fee deposit. Where the review costs exceed, or are anticipated to exceed, the review fee deposit, the applicant shall pay the additional amount prior to the signing of any site plan or the release of any resolution. Failure to remit the additional required deposit within 15 days of such request shall render the application incomplete, and no further proceedings or action shall be taken by the Land Use Board until after compliance. Where the review fee costs are less than the review fee deposit, the difference shall be refunded to the applicant if so requested by the applicant within 120 days of the signing of the site plan. | |
(7.2) | Site plan resubmission. Each resubmission of a site plan previously withdrawn by the applicant or disapproved by the Land Use Board: |
(8)
Conditional use (N.J.S.A. 40:55D-67): $500.
(9)
Appeal (N.J.S.A. 40:55D-70a): $500. [See also § 90-27B(16)].
[Amended 7-7-2014 by Ord. No. 2014-4]
(10)
Interpretation (N.J.S.A. 40:55D-70b): $500. [See also § 90-27B(16)].
(11)
Variance (N.J.S.A. 40:55D-70c): $500 for residential properties (improved or unimproved) ; $1,000 for nonresidential properties (improved or unimproved). [See also § 90-27B(16)].
(12)
Use or a special reason variance (N.J.S.A. 40:55D-70d): $2,500. [See also § 90-27B(16)].
[Amended 7-7-2014 by Ord. No. 2014-4]
(13)
Building permit appeal (N.J.S.A. 40:55D-36): $400. [See also § 90-27B(16)].
(14)
Appeal to Land Use Board on denial by administrative officer of a certificate certifying that a use or structure existed before the adoption of the ordinance pursuant to N.J.S.A. 40:55D-68: $500. [See also § 90-27B(16)].
(15)
Other unspecified applications to the Land Use Board: $500.
(16)
Extensions of approvals: $750.
[Amended 7-7-2014 by Ord. No. 2014-4]
(17)
Amended approvals: $500.
(18)
The requirement of the payment of a review deposit at time of filing may be waived by majority vote of the municipal agency if, upon a preliminary review of the application and upon request of the applicant, it appears that there will be no need for the type of review contemplated by this subsection.
(19)
In the event that the initial deposit made by an applicant is not sufficient to cover all technical/legal review costs of the application or if during the consideration of an application it becomes evident that a review deposit which was previously waived will be necessary, upon request by the Township, the applicant shall make such initial or further deposit or deposits as may be necessary to cover further technical/legal review costs in an amount to be determined by the secretary of the approving authority. Pending payment of the initial or additional deposit, all time periods in the application process shall be tolled.
(20)
In the event that the administration of an application to the Land Use Board continues to more than one meeting, the applicant shall post an additional review deposit escrow in the amount of $250 for each meeting in addition to the initial meeting, which fee shall be paid at least 10 days prior to the second and all subsequent meetings at which the application is considered. The Land Use Board, for good cause shown, may waive the payment of this additional fee if it shall determine that no additional expense related to review of the application beyond the first meeting shall be incurred by the Township.
(21)
All deposits for technical/legal review fees shall be made prior to the performance of the professional services which the deposit is intended to cover, and the municipal agency and professionals shall not process, review or take any action on the application unless all deposits required shall have been made by the applicant in the manner described above.
(22)
In the event that the review deposit escrow account is not sufficient to cover the reasonable and necessary amounts charged by the professionals for review of the application and the review deposit escrow account is not replenished to cover those charges, the amounts paid to the professionals shall be deemed to be a lien on the property which is the subject of the application and shall be collectible as in the case of taxes by the adoption of a resolution of the Township governing body upon receipt of a certification that the amounts are due and owing. Negative escrow balances shall incur interest at the rate of 1 1/2% per month.
C.
Construction inspection deposit. Prior to the grant of final approval, a construction inspection fee shall be paid by the applicant to the administrative officer to reimburse the Township for the cost of engineering inspection of improvements to be installed to assure satisfactory completion, and to be administered in accordance with § 90-27E of this Code and other applicable law.
(1)
The construction inspection fee shall be the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4.
(2)
For those developments for which the construction inspection fee is less than $10,000, the fee may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the construction inspection fee. When the balance on deposit drops to 10% of the construction inspection fee because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall deposit the remaining 50% of the construction inspection fee. For those developments for which the construction inspection fee is $10,000 or greater, the fee may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the construction inspection fee. When the balance on deposit drops to 10% of the construction inspection fee because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall make additional deposits of 25% of the total construction inspection fee. The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
(3)
The requirement of the payment of a construction inspection fee may be waived by majority vote of the municipal agency if, upon review of the application and request by the applicant, it appears that there will be no need for construction inspections.
(4)
In the event that the initial deposit made by the applicant is not sufficient to cover all necessary construction inspection costs, upon request by the Township, the applicant shall make such further deposit or deposits as may be necessary to cover further construction inspection costs. If an additional amount is required, no certificate of occupancy shall be issued until said amount is paid.
D.
Miscellaneous fees. The following fees shall be paid for the services or items listed:
(1)
List of property owners from current tax duplicate pursuant to N.J.S.A. 40:55D-12c: $0.25 per name or $10, whichever is greater.
(2)
Copies, duplicates or transcripts of records of proceedings furnished to an interested party pursuant to N.J.S.A. 40:55D-10f: $1.50 for each page of original and $0.50 for each page of the copies or the maximum permitted by N.J.S.A. 2A:11-15,[1] whichever is greater.
[1]
Editor's Note: N.J.S.A. 2A:11-15 was repealed by P.L. 1991, c. 119. See now N.J.S.A. 2B:7-4.
(3)
Copy of a decision furnished to any party other than the applicant or his attorney pursuant to N.J.S.A. 40:55D-10h and 40:55D-17g: $10.
(4)
Publication of hearings or decisions of the Township Committee on an appeal pursuant to N.J.S.A. 40:55D-10 and 40:55D-17a: cost of publication.
(5)
Certificate of subdivision approval pursuant to N.J.S.A. 40:55D-56: $5.
(6)
Certification of deed description pursuant to N.J.S.A. 40:55D-47: $25.
(7)
Certification of preexisting use or structure pursuant to N.J.S.A. 40:55D68: $10.
E.
Maintenance of deposits. All review deposits and construction inspection deposits shall be held in escrow by the Township and administered in accordance with the following procedures and applicable law:
(1)
As part of an application, the applicant shall sign and file with the Board an escrow agreement in the form established by the Township.
(2)
Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the municipality for technical/legal review fees pursuant to § 90-27B or for construction inspection fees pursuant to § 90-27C or to satisfy the performance or maintenance guaranty requirements of this chapter, the money, until repaid or applied to the purposes for which it was deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided herein, shall continue to be the property of the applicant and shall be held in trust by the Township.
(3)
The Township Treasurer shall deposit the money in a banking institution or savings and loan association in this state insured by any agency of the federal government or in any other fund or depository approved for such deposits by the state, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits, and shall notify the applicant, in writing, of the name and address of the institution or depository in which the deposit is made and the amount of the deposit.
(4)
The municipality shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the municipality annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be, except that the municipality shall retain for administrative expenses a sum equivalent to 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses.
(5)
The Chief Financial Officer of the Township shall make all payments to professionals for services rendered to the Township for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of N.J.S.A. 40:55D-1 et seq. Such fees or charges shall be based upon a schedule established by resolution. The application review and inspection charges shall be limited only 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 Township. 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. The Township shall not bill the applicant, or charge any escrow account or deposit authorized under this section, for any municipal clerical or administrative functions, overhead expenses, meeting room charges or any other municipal costs and expenses except as provided for in this section, nor shall a municipal professional add any such charges to his bill. If the salary, staff support and overhead for a municipal professional are provided by the Township, the charge shall not exceed 200% of the sum of the products resulting from multiplying the hourly base salary, which shall be established annually by ordinance, of each of the professionals by the number of hours spent by the respective professional upon review of the application for development or inspection of the developer's improvements, as the case may be. For other professionals, the charge shall be at the same rate as all other work of the same nature by the professional for the municipality when fees are not reimbursed or otherwise imposed on applicants or developers.
(6)
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 are performed, the hours spent to one-fourth hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer of the Township on a monthly basis in accordance with schedules and procedures established by the Chief Financial Officer of the Township. If the services are provided by a municipal employee, the municipal employee shall prepare and submit to the Chief Financial Officer of the Township a statement containing the same information as required on a voucher, on a monthly basis. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the Township simultaneously to the applicant. The Chief Financial Officer of the Township shall prepare and send to the applicant a statement which shall include an accounting of the funds listing all deposits, interest earnings, disbursements, and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000.
(7)
If an escrow account or deposit contains insufficient funds to enable the Township to perform required application reviews or improvement inspections, the Chief Financial Officer of the Township shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall, within a reasonable time period, post a deposit to the account in an amount to be agreed upon by the Township or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.
(8)
The following close-out procedure shall apply to all deposits and escrow accounts established under the provisions of N.J.S.A. 40:55D-1 et seq. and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrow's and deposits, or after the improvements have been approved as provided in N.J.S.A. 40:44D-53 in the case of improvement inspection escrows and deposits. The applicant shall send written notice, by certified mail, to the Chief Financial Officer of the Township and the approving authority, and to the relevant municipal 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 Chief Financial Officer of the Township within 30 days and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the Township 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 balances remaining in the deposit or escrow account, including interest in accordance with N.J.S.A. 4055D-53.1, shall be refunded to the developer along with the final accounting.
(9)
All professional charges for review of an application for development, 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 municipal 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 subdivision or site 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.
(10)
If the Township retains a different professional or consultant in the place of the professional originally responsible for development application review or inspection of improvements, the Township shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the Township shall not bill the applicant or charge the deposit or the escrow account for any such services.
(11)
Any dispute regarding charges made by a professional for service rendered to the municipality pursuant to the provisions of N.J.S.A. 40:55D-1 et seq. shall be resolved pursuant to the provisions of N.J.S.A. 40:55D-53.2a.
(12)
An applicant may examine Township records with respect to that applicant's escrow account and expenditures.
(13)
In the event of the sale or transfer of property which is the subject of a development application, all funds on deposit pursuant to this section of the chapter shall run with the development application affecting the property in question and shall be considered to be the property of any subsequent applicant unless the initial applicant provides written notice to the approving authority and to the Chief Financial Officer of the Township and to the professionals providing review or inspection services that the initial applicant has specifically reserved ownership of the funds on deposit. In the event that such a notice is received by the municipal professionals and officials, no further review or inspection shall be undertaken by the relevant professionals until the new or subsequent applicant has established an escrow account pursuant to this section of the chapter.
F.
Nonrefundability. It is hereby deemed the policy of the Franklin Township Committee, as well as the Franklin Township Land Use Board (to be adopted by their own resolutions therefor), that upon receipt of all future applications for land development or any other applications that require an application fee before the Township Committee, the Land Use Board or any other board or official as provided for under Chapter 90, Land Use and Development, of the Code of the Township of Franklin or any other Code section that all fees, upon payment and receipt by the proper authority along with said application, are hereby deemed to be nonrefundable fees.
§ 90-28 Guaranties and inspections.
[Amended 5-11-1981 by Ord. No. 81-5; 5-23-1983 by Ord. No. 83-4]
A.
No final subdivision or site plan plat shall be approved until the developer has either installed and had approved and accepted by the Township all improvements, together with the posting of a maintenance guaranty as hereinafter provided, or the developer has posted the required performance guaranty to guarantee the installation of said improvements and the form of the guaranty has been accepted by the Township Committee. No maintenance guaranty shall be accepted for any item which has further stages of work or which will need to be altered or reworked. Any improvements installed prior to final plat application that do not meet required standards shall be added to the performance guaranty.
[Amended 10-14-1991 by Ord. No. 91-6]
B.
The applicant shall submit the performance guaranty to the Township Engineer, Attorney and Township Committee for review and approval by resolution. Final plat submission shall not be made until the performance guaranty has been accepted and approved by the Township Committee.
(1)
The performance guaranty shall consist of a performance bond, in which the developer shall be principal and the surety shall be an acceptable surety company licensed to do business in New Jersey, and/or cash or certified check, which shall be deposited with the Township Treasurer. The Treasurer shall issue a receipt for such deposit. If the improvements have not been completed in accordance with the standards or within the stipulated time, but no longer than two years, the obligor and surety shall be liable thereon for the reasonable cost of completing the improvements. The Township may, either prior to or after receipt of the proceeds thereof, complete such improvements.
(2)
The performance guaranty shall equal 120% of the cost of installing the improvements, together with a maintenance bond equal to 15% of the cost of any facilities installed prior to final plat submission. Ninety percent of this total shall be either certified check, bank money order or surety bond of a bonding company approved by and at the option of the Township Committee. The remaining 10% shall be certified check or bank money order payable to the Township. In the event of default, the ten-percent cash fund shall be first applied to complete the requirements, and the cash, certified check or surety bond shall thereafter be resorted to, if necessary. The Township Engineer's certification that the principal has satisfactorily installed the improvements or has defaulted shall be the basis for governing body action which accepts or rejects the improvements, withholds approval or may extend the time allowed for installation of the improvements.
C.
Prior to construction, the developer shall arrange for a preconstruction conference between the developer, contractor and Township Engineer. The Township Engineer shall be notified, by registered mail, by the developer at least 72 hours in advance of the start of construction. The cost of inspections shall be the responsibility of the developer, who shall reimburse the Township for all reasonable inspection fees by submitting a certified check or bank money order to the Township Clerk. This fee shall be in addition to the amount of the performance guaranty and all application fees as outlined above.
D.
No work shall be done without permission from and inspection by the Township Engineer. No underground installation shall be covered until inspected and approved. The Township Engineer's office shall be notified after each of the following phases of the work has been completed so that he may inspect the work: road subgrade, curb and gutter forms, curbs and gutters, road paving (after each coat in the case of priming and sealing), drainage pipes and other drainage structures before backfilling, shade trees and planting strips, street name signs and monuments.
E.
All utility installations installed by utility companies shall be subject to the inspection requirements and bonding.
F.
Occupancy permits.
[Amended 10-15-1990 by Ord. No. 90-7]
(1)
Occupancy permits will be issued only when required fire alarms, curbs, sidewalks, utilities, streetlights, functioning water supply, fire hydrants, sewage treatment facilities, all storm drainage facilities to ensure proper drainage of the development and surrounding land, rough grading and soil stabilization of all land area and base course pavement for all streets in the development are installed. Each individual lot for which an occupancy permit is sought shall further have installed thereon all shade trees and the lot shall be final graded and seeded and the soil shall be stabilized.
(2)
Streets shall not receive the final surface course paving until all heavy construction is completed. However, the final surface course shall be installed no later than 18 months after the date of final approval of the subdivision.
(3)
Prior to the issuance of any occupancy permit, the applicant shall provide to the Construction Official a letter certification from the Township Engineer that all required improvements for the development have been installed and that any additional improvements required for the individual lot or lots have been installed.
(4)
When a certificate of occupancy is requested prior to the acceptance of the street by the municipality, the applicant shall also provide a signed acknowledgment and waiver from the prospective purchaser of the property in a form approved by the Township Attorney by which the prospective purchaser acknowledges that the improvements have not been accepted by the Township of Franklin and that the Township will not have any responsibility as to maintaining, repairing, plowing and school bus service until such time as the improvements have been fully completed to municipal standards and accepted by the governing body.
(5)
Unless the developer has provided to the Township and the New Jersey State Police a written authorization for patrolling of the development by the State Police, the acknowledgment by the prospective purchaser shall also acknowledge the lack of police protection within the development.
G.
After completing the improvements, the developer shall prepare two sets of the plans and the profiles amended to read "as constructed" and apply to the Township Committee for final inspection of the work. The Township Engineer shall, within 30 days of completing the inspection, report, in writing, to the Township Committee recommending 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.
H.
The Township Committee shall either approve, partially approve or reject the improvements and shall notify the obligor, by certified mail, of the contents of the Township Engineer's report and the action of the approving authority with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of the improvements, except that no approval or partial approval shall be granted until an acceptable maintenance guaranty has been submitted and approved to cover the improvements. Where partial approval is granted, the obligor shall be released from liability pursuant to its performance guaranty, except for a portion sufficient to secure provision of the improvements not yet approved. 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 obligor and surety, if any, shall be released from liability pursuant to such performance guaranty.
I.
If any portion of the required improvements is rejected, the approving authority may require the obligor to complete such improvements, and, upon completion, the same procedure of notification as set forth shall be allowed.
J.
Maintenance guaranty. No improvements shall be accepted by the Township Committee unless and until all of the following conditions have been met:
(1)
The Township Engineer shall have certified, in writing, that all the improvements are complete and that they comply with this chapter and other applicable ordinances.
(2)
The developer has provided a maintenance guaranty to the Township Committee in an amount equal to 15% of the cost of improvements and running for two years. Ninety percent of this total shall be in either certified check, bank money order or surety bond of a bonding company approved by and at the option of the Township Committee. The remaining 10% shall be in a certified check. The maintenance guaranty shall provide a guaranty to replace all work performed and all materials furnished found defective and to make good any defects thereof which become apparent during the two-year period, in addition to regular maintenance, such as curb replacement and repair, cleaning out catch basins and other matters. The maintenance guaranty shall be in a form acceptable to the Township Committee, Township Engineer and Attorney. In the event that other governmental agencies or public utilities will own the utilities or the improvements are covered by a guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Township for such utilities or improvements.
(3)
To obtain release of the maintenance bond, the developer shall, after all required maintenance has been completed, apply to the Township Committee, in writing, by certified mail, with a copy to the Township Engineer, for final inspection of the work. The Township Engineer shall, within 30 days of receipt of a request for inspection, report, in writing, to the Township Committee, indicating either approval, partial approval or rejection of the improvements, with a statement of reasons for any rejection.
(4)
The Township Committee shall either approve or reject the improvements and release of the maintenance bond or reduce the amount of the maintenance bond following the same procedures as for performance bonds.
§ 90-29 Off-tract improvements.
[Amended 5-11-1981 by Ord. No. 81-5; 5-23-1983 by Ord. No. 83-4; 12-9-2002 by Ord. No. 2002-14]
The Land Use Board may require, as a condition for approval of a subdivision or site plan, that a developer pay his pro rata share of the cost of providing only reasonable and necessary street improvements and water, sewage and drainage facilities, and easements therefor, which are located outside the property limits of the subdivision or development, as the case may be, but are necessitated or required by construction or improvements within such subdivision or development. The Land Use Board shall determine, in the course of review of any such application, whether or not any contribution for an off-tract improvement shall be required. If such contribution shall be required, the matter shall be referred to the Township Committee for a determination as to the funding of such improvement as:
A.
A general improvement.
B.
A local improvement.
C.
The improvement to be performed by the developer with a formula providing for partial reimbursement if the improvement specially benefits properties other than the development. The contribution for costs shall be as set forth in the adopted circulation and utility service plans.
§ 90-30 Hearings.
A.
Rules. The Board shall make the rules governing the conduct of hearings before it, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter
B.
Oaths. The officer presiding at the hearing or such person as he may designate shall have power to administer oaths and 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, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.
C.
Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation, and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.
D.
Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.
E.
Records. The Board shall provide for the verbatim recording of the proceedings by either stenographic, 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.
§ 90-31 Notice requirements for hearing.
[Amended 9-28-1987 by Ord. No. 87-9]
Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq. or pursuant to the determination of the municipal agency in question, the applicant shall give notice thereof, pursuant to N.J.S.A. 40:55D-12, as follows:
A.
Public notice shall be given by publication in the official newspaper of the municipality at least 10 days prior to the date of the hearing.
B.
Notice shall be given to the owners of all real property as shown on the current tax duplicate or duplicates located in the state and within 200 feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which the applicant's land is located, provided that this requirement shall be deemed satisfied by notice to the condominium association, in case of any unit owner whose unit has a unit above or below it, or horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by serving a copy thereof on the property owner as shown on said current tax duplicate or his agent in charge of the property or by mailing a copy thereof, by certified mail, to the property owner at his address as shown on said current tax duplicate. 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.
C.
Notice of hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection B of this section to the owners of lands in such adjoining municipality which are located within 200 feet of the subject premises.
D.
Notice shall be given by personal service or certified mail to the County Planning Board of a hearing on an application for development of property adjacent to an existing County road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other County land or situate within 200 feet of a municipal boundary.
E.
Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.
F.
Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. The notice shall include a copy of any maps or documents required to be on file with the Municipal Clerk pursuant to N.J.S.A. 40:55D-10.
G.
All notices hereinabove specified in this section shall be given at least 10 days prior to the date fixed for hearing, and the applicant shall file an affidavit of proof of service with the Board holding the hearing on the application for development.
H.
Any notice made by certified mail as hereinabove required shall be deemed to be complete upon mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
I.
Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the date, time and place of the hearing, the nature of the matters to be considered and identification of the property proposed for development by street address, if any, and by reference to lot and block numbers as shown on the current tax duplicate in the Municipal Tax Assessor's office and the location and times at which any maps and documents for which approval is sought are available as required by law.
§ 90-32 List of property owners furnished.
[Amended 9-28-1987 by Ord. No. 87-9; 10-1-2007 by Ord. No. 2007-15]
Pursuant to the provisions of N.J.S.A. 40:55D-12c, the Township Tax Assessor shall, within seven days after receipt of a request therefor and upon receipt of payment of a fee as set forth in § 90-66D of this chapter, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice pursuant to § 90-31B of this chapter.
§ 90-33 Decisions.
A.
Each decision on any application for development shall be set forth, in writing, as a resolution of the Board, which shall include findings of fact and legal conclusions based thereon, as provided in N.J.S.A. 40:55D-10g.
[Amended 9-28-1987 by Ord. No. 87-9]
B.
A copy of the decision shall be mailed by the Board, within 10 days of the date of decision, to the applicant or, if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed to all persons who have requested it and who have paid the fee prescribed by the Board for such service. A copy of the decision shall also be filed in the office of the Municipal Clerk, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the municipality.
§ 90-34 Publication of decision.
A brief notice of every final decision shall be published in the official newspaper of the municipality. Such publication shall be arranged by the Secretary or Clerk of the body making the decision, without separate charge to the applicant. Said notice shall be sent to the official newspaper for publication within 10 days of the date of any such decision.
§ 90-35 Payment of taxes.
[Amended 12-9-2002 by Ord. No. 2002-14]
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for development submitted to the Land Use Board shall be accompanied by proof that no taxes or assessments for local improvements are due or delinquent on the property which is the subject of such application; or, if it is shown that taxes or assessments are delinquent on said property, any approvals or other relief granted by the Board shall be conditioned upon either the prompt payment of such taxes or assessments or the making of adequate provision for the payment thereof in such manner that the municipality will be adequately protected.
§ 90-36 Expiration of variances.
[Amended 12-9-2002 by Ord. No. 2002-14]
Any variance hereafter granted by the Land Use Board 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 said variance or unless such permitted use has actually been commenced, within one year from the date of publication of the notice of the judgment or determination of the Board; 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 to the governing body or to a court of competent jurisdiction until the termination, in any manner, of such appeal or proceeding.