Haworth City Zoning Code
ARTICLE 26
1000 Site Plan and Subdivision Review
§ 26-1001 JURISDICTION OF RESPONSIBILITY DURING SITE PLAN AND SUBDIVISION REVIEW.
[Ord. No. 779 § 16.1001]
Pursuant to the Municipal Land Use Law, the Planning Board and the Zoning Board of Adjustment shall have the power to review all applications requiring site plan and/or subdivision approval under this chapter. Certain of the respective powers of each Board may overlap in order to expedite the review of development applications.
§ 26-1002.1 Subdivision Review.
[Ord. No. 779 § 16.1002.1]
The subdivision review procedures specified herein shall apply to all subdivisions as defined by this chapter.
§ 26-1002.2 Site Plan Review.
[Ord. No. 779 § 16.1002.2]
Site plan review and approval pursuant to the procedures specified herein shall be required for any new structure; or for the addition to an existing structure; or for the creation of new parking spaces or for the addition of driveways or any paving on any property or for any change of use on any property, except that:
a.
A construction permit for a detached single family dwelling used solely for residential purpose and its customary accessory structures on one lot shall not require site plan review. Minor site plan approval shall be required for home professional offices and home occupations prior to the issuance of a construction permit.
b.
An addition, alteration or modification to an existing conforming nonresidential or community residential building which will result in less than 200 square feet of additional lot coverage and/or require fewer than five additional parking spaces shall require only minor site plan approval.
c.
Resurfacing of existing parking areas or other paved areas shall be exempt from any site plan approval, provided that the resurfacing results in no change to grading, drainage, lighting, the number and orientation or parking spaces and other design details of the area to be resurfaced.
§ 26-1002.3 Simultaneous Review.
[Ord. No. 779 § 16.1002.3]
a.
The Approving Authority shall have the power to review and approve or deny site plans simultaneously with its review of a subdivision involving the same site without the developer being required to make further application or hold separate hearings.
b.
An applicant may elect to file for preliminary and final approval simultaneously to expedite the review process, in which case the submission requirements for final approval shall apply. Applicants seeking simultaneous approvals do so at the peril of added expenses if changes in design are required.
§ 26-1002.4 Variance Relief.
[Ord. No. 779 § 16.1002.4]
Applications for variances not involving any related site plan, subdivision or conditional use approval shall be made to the Zoning Board of Adjustment and shall be filed at least three weeks prior to the meeting date. The filing shall include 15 copies of any maps and related material; 15 copies of a completed application form and payment of the fees required by this chapter.
§ 26-1002.5 Informal Review.
[Ord. No. 779 § 16.1002.5]
a.
At the request of any applicant seeking any approval pursuant to this chapter, the Planning Board shall grant one informal review of the application which the applicant intends to submit, provided the following conditions are met:
§ 26-1002.6 Waivers.
[Ord. No. 779 § 16.1002.6]
a.
The Board, when acting upon an application for any approval permitted in this chapter, shall have the power to grant such exceptions from the submission requirements of any application as may be reasonable and within the general purpose and intent of the provisions for the application review if the literal enforcement of one or more provisions of this section is impracticable or will exact undue hardship because of peculiar conditions pertaining to the application in question.
b.
The Planning Board may waive the requirement for site plan approval for any change of use at any existing nonresidential structure, providing said waiver is requested by the applicant; the existing improvements of the site are satisfactory in the opinion of the Board, further provided the use will not increase the required number of parking spaces. In evaluating a request for a site plan waiver under this subsection, the Board shall consider the existing conditions of the subject property and the need to improve the property to bring it into conformance with chapter requirements.
§ 26-1002.7 Findings of the Approving Authority.
[Ord. No. 779 § 16.1002.7]
a.
The Approving Authority shall review the application, determine whether or not the applicable standards provided in this chapter have been observed, note objections to such parts of the plans as do not meet the standards, make corrections and recommendations for desired changes to effect compliance with the chapter, and be satisfied that the site plan or subdivision represents the most desirable alternative for development of the site in compliance with the chapter and the community preferences of the Borough and, when satisfied that the proposed development complies with the requirements of this chapter, shall approve the application. In conducting its review, the Approving Authority may consider the following objectives:
1.
The details of the development are in accord with all Federal, State, County and Borough laws, rules, regulations and ordinances.
2.
That safety and traffic control as affected by the proposed layout are adequate to provide proper number, width, grade, alignment and visibility of all driveways, walkways, parking stalls, and loading or unloading areas, to be easily accessible to emergency vehicles, and to avoid congestion.
3.
That all recreational, parking or service areas are reasonably screened at all seasons of the year from the view of adjacent lots and streets and that the general landscaping of the site is in character with the prevailing scheme of the neighborhood and sound landscape design.
4.
That the layout, location and design of the proposed buildings and other facilities would have no adverse effect upon the adjoining properties by impairing the established character or the potential use of properties in the area.
5.
That provision has been made for proper drainage and sewage disposal, and that such grading, drainage, sewer lines, retaining walls, culverts and all structures and improvements upon the site are safe and adequately designed.
6.
That provision has been made for solid waste disposal and storage to prevent litter, unsightly or unsanitary conditions.
7.
That substantial trees, vegetation, stream beds and other natural features shall be protected during construction and preserved to the greatest extent reasonably possible.
8.
That exterior lighting is sufficient and safe, properly shielded and not directed toward adjacent residential areas, thus preventing unnecessary glare to adjoining properties and roads.
9.
That provision has been made, wherever possible for all utilities including telephone, electric, water, gas and sewage to be installed underground and their locations properly marked and recorded.
10.
That the objectives of good planning and zoning as generally set forth in the Municipal Land Use Law are met whether or not specifically enumerated herein.
§ 26-1003.1 Application Procedure for Minor Site Plan/Minor Subdivision.
[Ord. No. 779 § 16.1003.1]
a.
The applicant shall submit to the Administrative Officer at least 10 days prior to the next meeting of the Approving Authority: 21 copies of each of the following: minor plat; the appropriate application(s), which includes the application(s) for any requested variance(s) and the applicable checklist(s) with the items of information required therein; any protective covenants, easements and/or deed restrictions of record applicable to the subject site; evidence of payment of all required fees and escrow and an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon minor subdivision plats and agrees to be bound by it. The Administrative Officer shall process the application and shall issue an application number; the number shall appear on all papers, maps, plats or plans and other documents for processing in conjunction with the application.
b.
Promptly after the completeness review, the application documents shall be distributed by the Applicant to each member of the Approving Authority, Board Attorney, Borough Planner, Board Engineer, Board of Health, Chief of Police, Superintendent of Public Works, Chief of the Fire Company, Shade Tree Commission, Environmental Commission and other Borough officials and Consultants as may be designated by the Approving Authority.
c.
It shall be the responsibility of the applicant to provide appropriate County, State or Federal agencies with copies of the subject application.
§ 26-1003.2 Action By the Borough.
[Ord. No. 779 § 16.1003.2]
a.
The completeness review authority shall review the application and shall certify its completeness and its classification as a minor subdivision to the Approving Authority.
b.
The Approving Authority shall review the minor site plan or subdivision application and shall either approve or deny the application within 45 days of the date the application is certified as complete or within such further time as may be consented to by the applicant. Failure of the Approving Authority to act within the prescribed time period shall constitute approval of the application, provided that any such application that involves variance relief pursuant to N.J.S.A. 40:55D-60 or 40:55D-70d shall be acted upon within 120 days or within such further time as may be consented to by the applicant. If approved, approval shall be deemed to be final approval of the application.
c.
Prior to any action by the Approving Authority, all reports and comments submitted by the Borough Planner, Board Engineer, other Borough officials, agencies and consultants, and other governmental agencies shall be entered into the record of the proceedings on the subject application.
d.
The Approving Authority shall review the application for minor site plan or minor subdivision in accordance with the applicable provisions of this chapter and the Municipal Land Use Law.
e.
When a minor subdivision is approved by the Approving Authority, a notation to that effect, including the date of approval, shall be made on at least 10 prints of the plat, which plat has been revised to include all conditions embodied in the resolution of approval, and any related deed descriptions and restrictions to be filed with the County recording officer shall be signed by the Board Engineer and the Chairman and Secretary of the Approving Authority. No further approval of the application shall be required and the Secretary of the Board, within 10 days of the date of approval, shall notify the applicant of the Board's action, and shall forward to both the applicant and the Construction Code Enforcement Official a copy of the resolution of approval.
f.
Approval of any application by an Approving Authority may be conditioned on the satisfaction of any item(s) deemed appropriate by the Approving Authority, including approvals required of other governmental agencies.
g.
When a minor subdivision or minor site plan is disapproved by the Approving Authority, the Secretary, within 10 days of such action, shall notify the applicant of such disapproval. Additionally, the Secretary shall forward to the applicant a copy of the resolution of denial, within 10 days of its adoption by the Approving Authority, setting forth the reasons for the disapproval.
h.
Within 190 days from the date of approval by the Approving Authority of a minor subdivision or minor site plan, a plat map drawn in compliance with the Map Filing Act, N.J.S.A. 46:29-9.9 et seq. or deed description, properly drafted and signed by the Chairman, Secretary and Board Engineer shall be filed by the applicant with the county recording officer. Unless filed within 190 days, the approval shall expire and will require Borough approval as in the first instance.
i.
Before the Secretary returns any approved minor site plan or minor subdivision to the applicant, the applicant shall provide additional copies of the plat or plan as may be necessary in order to furnish copies to each of the following: the Borough Clerk, Board Engineer, Tax Assessor, Board of Health, Fire Company, Police Department and other Borough, County, State or Federal officials as prescribed by the Board.
§ 26-1003.3 Effect of Approval of Minor Subdivisions and Minor Site Plans.
[Ord. No. 779 § 16.1003.3]
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which a minor subdivision or minor site plan approval was granted shall not be changed for a period of two years after the date of the approval. The Approving Authority may grant an extension of the approval, providing the extension does not exceed one year in duration.
§ 26-1003.4 Submission Requirements for Minor Sub-divisions and Minor Site Plans.
[Ord. No. 779 § 1003.3]
a.
Each minor plan or minor plat shall be prepared by a qualified professional pursuant to N.J.S.A. 13:41-4.1 et seq. and licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of the professional(s) provided, however, that all data and information unique to a particular profession shall be signed and sealed by an individual licensed to practice in the profession.
b.
Each submission shall be drawn at an appropriate scale not less than one inch equals 50 feet and shall be submitted on one of four of the following standard sheet sizes (8-1/2" x 13"; 15" x 21"; 24" x 36"; or 30" x 42"). All plan sheets shall be stapled together and folded into quarters or eighths with the title block revealed.
c.
Each minor plat or plan shall show the following information as applicable to a minor subdivision or minor site plan, unless waived by the Planning Board or Zoning Board of Adjustment.
1.
Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), including:
(a)
Name of subdivision or development, Borough of Haworth and Bergen County with each sheet specifically titled with appropriately descriptive words;
(b)
Name, title, address and telephone number of subdivider or developer;
(c)
Name, title, address and license number of the professional or professionals who prepared the plat or plan;
(d)
Name, title, address and signature line for the owner or owners of record;
(e)
North arrow and written and graphic scale; and
(f)
Date of original drawing and a list of specific revisions and dates.
2.
A key map showing the entire tract and its relation to the surrounding area, at a scale of one inch equals not more than 500 feet;
3.
Certification that the applicant is the owner of the land or his properly authorized agent, or that the owner has given his consent under an option agreement. If the applicant is a corporation or a partnership, the names and addresses of all partners, or the names and addresses of all stockholders owning 10% or more of any class of stock of the corporation;
4.
Acreage figures (both with and without areas within public rights-of-way);
6.
Existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Borough Tax Map, and proposed block and lot numbers as provided by the Borough Tax Assessor;
7.
Tract boundary line in heavy solid line;
8.
The location of existing and proposed property lines (with related lot areas, dimensions and legal descriptions), streets, structures (with their numerical dimensions and an indication as to whether existing structures will be retained or removed), parking spaces, loading areas; recycling and trash dumpster areas, driveways, watercourses, railroads, bridges, culverts, drain pipes, any natural features such as treed areas, both within the tract and within 100 feet of its boundary;
9.
The location and width of all existing and proposed utility easements, the use(s) for which they are intended to be limited, and the manner in which the easements will be controlled;
10.
Zoning districts affecting the tract, including district names and all area and bulk requirements, with a comparison to the proposed development; and all dimensions and other site data needed to insure conformity with this chapter; and a photocopy of the applicable portion of the Schedule of Limitations indicating the proposed use is permitted in the zone in which it is located;
11.
Proposed buffer and landscaped areas;
12.
Delineation of flood plains, including both floodway and flood fringe areas; and delineation of all wetlands and wetland buffer areas;
13.
Contours as shown on the U.S.G.S. topographic sheets;
14.
The names of all adjacent property owners as they appear on the most recent tax list prepared by the Borough Tax Assessor; and
15.
In the case of minor subdivision, existing and proposed monuments.
d.
Together with the foregoing map or plat, the applicant shall supply to the Board the following information:
1.
Certification from the Borough Tax Collector that all taxes and assessments are paid to date;
2.
Completed application to the Bergen County Planning Board, if required;
3.
Completed copies of applications made to any other governmental agency with jurisdiction over the application, except that any approvals or other actions required of the Borough Council must be secured and presented in writing with any minor site plan or minor subdivision application;
4.
Proposals for soil erosion and sediment control as required by N.J.S.A. 4-24-39 et seq.;
5.
Plans of proposed improvements and utility layouts including sewers, storm drains and water lines, and feasible connections to gas, telephone and electrical utility systems with appropriate documentation by an existing utility company stating that service will be available before occupancy and will be sufficient for the proposed development. Additionally, letters from the appropriate County and State agencies granting approval for the extension of utility service(s) under their respective jurisdiction shall be submitted with the application;
6.
A completed and signed application form, and proof of payment of all application and escrow fees;
7.
Floor plans and architectural elevations, if applicable, prepared by a registered architect of the State of New Jersey in sufficient detail to accurately illustrate the extent and nature of the proposed development; and
8.
For any site with existing buildings or other significant structural development, a photograph of the site from each street from which the site will have access.
e.
No minor subdivision or minor site plan involving any street(s), additional right-of-way width as specified in the Master Plan or Official Map or street requirement of this chapter shall be approved unless such additional right-of-way, either along one or both sides of the streets, as applicable, shall be granted to the Borough or other appropriate governmental agency.
f.
Deed descriptions (including metes and bounds), easements, covenants, restrictions and roadway dedications shall be submitted to the Board for approval and required signatures prior to filing with the County recording officer.
g.
The Board may request additional information of any applicant seeking minor site plan or subdivision approval if the information is deemed necessary by the Board to make an informed decision on the application. The information may include, but not be limited to, an environmental impact statement, traffic and pedestrian impact statement, parking study and community or fiscal impact statement. The request for such additional information shall not be grounds to deem any application incomplete.
§ 26-1004.1 Application Procedure for Preliminary Major Site Plans and Preliminary Major Subdivisions.
[Ord. No. 779 § 16.1004.1]
a.
The applicant shall submit to the Administrative Officer at least four weeks prior to the meeting: 18 copies of each of the following: preliminary plats or preliminary plat; the appropriate application(s), which includes the application(s) for any requested variance(s) and the applicable checklist(s) with the items of information required therein; any protective covenants, easements and/or deed restrictions of record applying to the subject site; evidence of payment of the required fee; and an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon preliminary major site plans and preliminary major subdivisions and agrees to be bound by it. The Administrative Officer shall process the application and shall issue an application number; the number shall appear on all papers, maps, plats or plans and other documents submitted for processing in conjunction with the application.
b.
Promptly after the completeness review, the application documentation shall be distributed by the Administrative Officer to each member of the Approving Authority, Board Attorney, Borough Planner, Borough Engineer, Board of Health, Chief of Police, Superintendent of Public Works, Chief of the Fire Company, Shade Tree Commission, Environmental Commission, Recreation Commission and other Borough officials and consultants as may be designated by the Approving Authority.
c.
It shall be the responsibility of the applicant to provide appropriate County, State or Federal agencies with copies of the subject application.
d.
All application and escrow fees shall be paid at the time of application.
§ 26-1004.2 Action by the Borough.
[Ord. No. 779 § 16.1004.2]
a.
The completeness review authority shall review the application and shall certify its completeness to the Approving Authority.
b.
The Approving Authority shall review applications for preliminary site plan approval involving 10 acres of land or less and 10 dwelling units or less and/or preliminary major subdivision approval involving 10 lots or less and shall grant or deny the application within 45 days after the application is certified complete or within such further time as may be consented to by the applicant. Failure of the Approving Authority to act within the prescribed time period shall constitute approval of the application, provided that any preliminary site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 or N.J.S.A. 40-55D-70d shall be acted upon within 120 days or within such further time as may be consented to by the applicant.
c.
The Approving Authority shall review applications for preliminary site plan approval involving more than 10 acres of land or more than 10 dwellings and/or a preliminary major subdivision approval involving more than 10 lots and shall grant or deny the application within 95 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Approving Authority to act within the prescribed time period shall constitute approval of the application, provided that any preliminary site plan or preliminary major subdivision application which includes any requested variance relief pursuant to N.J.S.A. 40:55D-60 or N.J.S.A. 40-55D-70d shall be acted upon within 120 days or within such further time as may be consented to by the applicant.
d.
Prior to any action by the Approving Authority, all reports and comments submitted by the Borough Planner, Borough Engineer, other Borough agencies and consultants, and other governmental agencies shall be entered into the record of the proceedings on the subject application.
e.
All hearings held on applications for preliminary site plan approval and/or preliminary major subdivision approval shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant thereof at least 14 days prior to the hearing date. Notice of the hearing shall be given by the applicant to all property owners within 200 feet of the proposed site as shown on the Borough tax maps. Should lands within 200 feet be within another Municipality, notice shall also be given to the Municipality. All such notices shall be provided by the applicant at least 10 days prior to the date of the hearing.
f.
After scheduling the application for a public hearing, the Administrative Officer shall publish notice thereof in a newspaper circulated in the Borough at least 10 days prior to the hearing date.
g.
If the Board acts favorably on the preliminary site plan or major subdivision, the Board Engineer and the Chairman and Secretary of the Board shall affix their signatures to at least 10 copies of the plan or plat with the notification that it has been approved. The applicant shall furnish the copies to the Board.
h.
Should minor revisions or additions to the site plan or plat be deemed necessary, the Approving Authority may grant preliminary approval subject to specified conditions and receipt of revised plans within 30 days from the date of approval. Should substantial revisions be deemed necessary, the Approving Authority shall require that an amended plat or plan be submitted and acted upon as in the case of the original application.
i.
If the Approving Authority, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plan or plat and a resolution adopted setting forth the reasons for such rejection. One copy of the site plan or plat and the resolution shall be returned to the applicant within 10 days of the adoption of the resolution.
§ 26-1004.3 Effect of Preliminary Approval.
[Ord. No. 779 § 16.1004.3]
a.
Preliminary approval shall confer upon the applicant the following rights for a three year period from the date of the preliminary approval:
1.
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; and yard dimensions and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval except that nothing herein shall be construed to prevent the Borough from modifying, by ordinance, such general terms and conditions of preliminary approval as may be related to public health and safety;
2.
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 plan, as the case may be;
3.
That the applicant may apply for, and the Approving Authority may grant, extensions of such preliminary approval for additional periods of at least one year, but not to exceed a total extension of two years, provided that if the design standards have been revised by ordinance, such revised standards shall govern; and
4.
In the case of a subdivision or of a site plan for an area 50 acres or more, the Approving Authority may grant the rights referred to in this section for such period of time, longer than three years, as shall be determined by the Approving Authority to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions, and the comprehensiveness of the development.
The applicant may apply for and the Approving Authority may thereafter grant an extension to preliminary approval for such additional period of time, as shall be determined by the Approving Authority to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; economic conditions, and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards shall govern.
§ 26-1004.4 Submission Requirements for Preliminary Site Plans and Preliminary Major Subdivisions and Minor Subdivisions.
[Ord. No. 779 § 16.1004]
a.
Each preliminary site plan or preliminary major subdivision plat shall be prepared by a qualified professional pursuant to N.J.S.A. 13:41-4.1 et seq. and licensed to practice in the State of New Jersey and shall bear the signature, seal, license number and telephone number of the professional(s) provided, however, that all data and information unique to a particular profession shall be signed and sealed by an individual licensed to practice in the profession.
b.
Each submission shall be drawn at an appropriate scale not less than one inch equals 50 feet and not more than one inch equals 10 feet and shall be submitted on one of the following standard sheet sizes: 8-1/2" x 13"; 15" x 21"; 24" x 36"; 30" x 42". All plan sheets shall be stapled together and folded into quarters or eighths with the title block revealed.
c.
Each preliminary plan or plat shall show the following information as applicable to a site plan or subdivision, unless waived by the Planning Board or Zoning Board of Adjustment.
1.
Title block in accordance with the rules governing title blocks for professional engineers (N.J.S.A. 45:8-36), and/or title sheet, including:
(a)
Name of development, Borough of Haworth, County of Bergen, with each sheet specifically titled with appropriately descriptive words;
(b)
Name, title, address and telephone number of applicant;
(c)
Name, title, address and license number of the professional or professionals who prepared the plat or plan;
(d)
Name, title, address and signature lines for the owner or owners of record;
(e)
North arrow and written and graphic scale;
(f)
Date of original drawing and a list of specific revisions and dates;
2.
A key map showing the entire tract and its relation to the surrounding areas within 300 feet, at a scale of one inch equals not more than 500 feet;
3.
Certification that the applicant is the owner of the land or his properly authorized agent, or that the owner has given his consent under an option agreement. If the applicant is a corporation or a partnership, the names and addresses of all partners, or the names and addresses of all stockholders owning 10% or more of any class of stock of the corporation;
4.
Acreage to the nearest tenth of an acre (both with and without areas within public rights-of-way);
6.
Existing block and lot number(s) of the lot(s) to be subdivided or developed as they appear on the Borough Tax Map; proposed block and lot numbers as provided by the Borough Tax Assessor upon written request; and identification of the property in question by street address;
7.
The names and lot and block numbers of all property owners within 200 feet of the extreme limits of the tract as shown on the most recent tax list prepared by the Borough Tax Assessor;
8.
Tract boundary line in heavy solid line;
9.
The location of any existing and proposed property lines (with their related lot areas, dimensions and legal descriptions), streets, watercourses, railroads, bridges, culverts, drain pipes, and similar improvements;
10.
Zoning districts affecting the tract, including district names and all area and bulk requirements, with a comparison to the proposed development; and all dimensions and other site data needed to insure conformity with the provisions of this chapter;
11.
All existing and proposed wooded and landscaped areas and proposed buffering and screening, identifying all trees over four inches in diameter, except that where trees are in mass, only the limits thereof need be shown. A landscaping plan shall be prepared and shall include details as to the size, number, location, and type of vegetation and method of planting to be used;
12.
The location and delineation of natural features such as floodplains including both flood way and flood fringe areas, wetlands and wetland buffer areas, and slopes over 15%, both within the tracts, and within 100 feet of its boundary;
13.
All existing and proposed water courses shall be shown and accompanied by the following information:
(a)
When a stream is proposed for alteration, improvement or relocation, or where a drainage structure or fill is proposed over, under, in or along a running stream, a report on the status of review by the State Department of Environmental Protection and Energy, Division of Water Resources, shall accompany the submission;
(b)
Cross-sections of water courses and/or drainage swales at an appropriate scale showing the extent of the flood plain, top of bank, normal water levels and bottom elevations at the locations required by the Borough Engineer;
(c)
The location and extent of drainage and conservation easements and stream encroachment lines; and
(d)
The location and type of adequate drainage provisions to reasonably reduce and minimize exposure to flood damage;
14.
Existing and proposed contours, both on the site and within 100 feet of its boundaries with intervals of one foot where slopes are less than 10%; and with intervals of five feet where slopes exceed 10%. All contour information shall refer to a known datum. Existing contours shall be shown as a dashed line; finished grades shall be shown as a solid line. Slopes 15% or more in grade shall be shaded;
15.
Proposals for soil erosion and sediment control in accordance with specifications required for Bergen County Soil Conservation District certification;
16.
The location of all existing structures, both within the tract and within 100 feet of its boundary, with an indication of existing and proposed front, rear and side yard setback distances and whether the existing structures and uses will be retained or removed;
17.
Size, height and location of all proposed structures including, but not limited to, signs, fences and lighting facilities, and of all proposed buildings, including loading areas and recycling and trash dumpster areas;
18.
The proposed location, direction of illumination, power, type of proposed outdoor lighting and foot-candle limits, including details of lighting poles, shielding and light fixtures;
19.
The location and design of any off-street parking area, showing size and location of bays, aisles and barriers, curbing and paving specifications;
20.
All means of vehicular access and egress to and from the site onto public streets, showing the site and the location of driveways, curb cuts, and depressed curbs, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, sight triangles, additional width and other proposed devices necessary to promote a safe traffic circulation pattern;
21.
The location of existing utility structures such as water and sewer mains, utility structures, gas transmission lines and high tension power lines on the tract and within 200 feet of its boundaries;
22.
Plans of proposed improvements and utility layouts including sewers, storm drains and water lines, and feasible connections to gas, telephone and electrical utility systems. Plans of proposed sanitary sewer facilities shall be drawn or reproduced at a scale of one inch to 50 feet. Profiles shall be drawn at a scale of one inch to 50 feet horizontally and one inch to five feet vertically. If service will be provided, appropriate documentation by an existing utility company, stating that service will be available before occupancy and will be sufficient for the proposed development;
23.
Plans, typical cross sections and construction details, horizontal and vertical alignments of the centerline of all proposed streets and of all existing streets abutting the tract. The vertical alignments shall be based on U.S.G.S. vertical datum or a more specific datum supplied by the Borough Engineer. Appropriate information shall be provided on all curbing, sidewalks, street paving, storm drains, drainage structures for all proposed and existing streets contiguous to and within 200 feet of the tract. Sight triangles, the radius of curblines and street sign locations shall be clearly indicated at the intersections;
24.
The location and width of all existing and proposed utility easements, the use(s) for which they are intended to be limited;
25.
The proposed permanent monuments shall be shown, in accordance with the Map Filing Law, N.J.S.A. 46:23-9.9;
26.
Floor plans and architectural elevations, if applicable, prepared by a registered architect of the State of New Jersey in sufficient detail to accurately illustrate the extent and nature of the proposed development; and
27.
All existing covenants, easements and deed restrictions of record applying to the subject site.
d.
The application shall include plans and computations for any storm drainage system, including the following, as may be required by the Board Engineer:
1.
All existing or proposed storm sewer lines within or adjacent to the tract showing size and slope of the lines, direction of flow and the location of each catch basin, inlet, manhole, culvert and headwall.
2.
A map drawn to scale showing the contributing area to each inlet or cross drain.
3.
Pertinent runoff calculations and structural computations, sufficient to meet the drainage and zero runoff increase specified by the Borough Engineer and the design standards of this chapter.
e.
Additionally, letters from the appropriate County and State agencies granting approval for the extension of utility service(s) under their respective jurisdiction shall be submitted with the application.
f.
Any protective covenants or deed restrictions applying to the land being developed shall be submitted with the application and/or indicated on the submitted plat or plan.
g.
The applicant shall contemporaneously provide a certification from the Borough Tax Collector that all taxes and assessments are paid to date;
h.
The applicant shall contemporaneously provide a completed and signed application form(s) and proof of payment of all application and escrow fees;
i.
For any site with existing buildings or other significant structural development, a photograph of the site from each street to which the site will have access shall be provided by the applicant.
j.
The Approving Authority may request additional information of any applicant seeking site plan or major subdivision approval if the information is deemed necessary by the Approving Authority to make an informed decision on the application. The information may include, but not be limited to an environmental impact statement, traffic and pedestrian impact statement, parking studies, community or fiscal impact statement. The request for such additional information shall not be grounds to deem any application incomplete.
§ 26-1005.1 Application Procedure for Final Site Plans and Final Major Subdivisions.
[Ord. No. 779 § 16.1005.1]
a.
A final site plan or final plat shall be submitted to the Administrative Officer within three years after the date of preliminary approval or any authorized extension thereof as permitted by this chapter. The final site plan or plat shall be submitted at least three weeks prior to the meeting and shall include 21 copies of each of the following: final site plan or final major subdivision plat; appropriate application(s), which includes the applications for any requested variance(s) and the applicable checklist(s) with the items of information required therein; evidence of payment of all revised fees and escrows; and an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon final subdivision plats and final major site plans, and agrees to be bound by it. The Administrative Officer shall process the application and shall issue an application number; the number shall appear on all papers, maps, plans or plats and other documents submitted in conjunction with the application.
b.
Promptly after the completeness review, the application documents shall be distributed by the Applicant to each member of the Approving Authority, Board Attorney, Borough Planner, Board Engineer, Board of Health, Chief of Police, Superintendent of Public Works, Chief of the Fire Company, Shade Tree Commission, Environmental Commission and other Borough Officials and Consultants as may be designated by the Approving Authority.
c.
It shall be the responsibility of the applicant to provide appropriate County, State or Federal agencies with copies of the subject application.
d.
All application and escrow fees shall be paid at the time of application.
§ 26-1005.2 Action by the Borough.
[Ord. No. 779 § 16.1005.2]
a.
The completeness review authority shall review the application and shall certify its completeness to the Approving Authority.
b.
The Approving Authority shall review applications for final site plan approval and final subdivision approval and shall grant or deny the application within 45 days after the application has been certified complete or within such further time as may be consented to by the applicant. Failure of the Approving Authority to act within the prescribed time period shall constitute approval of the application.
c.
Prior to any action by the Board, all reports and comments submitted by the Borough Planner, Planning Board Engineer, and other Borough agencies and consultants, and other governmental agencies, shall be entered into the record of the proceedings on the subject application.
d.
The Board shall not approve an application for a final major site plan or final major subdivision unless the application meets all conditions of the previously granted preliminary approval and other requirements as may be imposed by this chapter.
e.
The final site plan or plat shall be accompanied by a statement by the Planning Board Engineer that the final plat properly shows the exact location and elevation for all utilities, installed or to be installed, and that the developer has complied with one or both of the following:
1.
Installed all improvements in accordance with the requirements of these regulations and the requirements of the Board of Health, or
2.
A performance guarantee, approved as to form by the Borough Attorney, has been posted with the Borough of Haworth in the amount equal to the Planning Board Engineer's estimate of the cost of completion of construction of all improvements.
f.
If the Approving Authority acts favorably on the final site plan or plat, the Borough Engineer and the Chairman and Secretary of the Approving Authority shall affix their signatures to at least eight copies of the plan or plat with the notification that it has been approved. The applicant shall furnish such copies to the Approving Authority for signature. In the case of final subdivisions only, the applicant shall include for signature one cloth copy and at least two mylar copies of the approved plat in addition to the 10 paper copies.
g.
After approval of the final site plan or plat by the Approving Authority, the Secretary shall retain one copy of the signed site plan or plat and shall furnish other copies to each of the following within 10 days from the date of the adoption of a resolution: Borough Clerk, Planning Board Engineer, Construction Code Official, Borough Tax Assessor and Board of Health.
h.
Within 95 days of the date of approval by the Approving Authority of a final subdivision plat, the applicant shall file a copy of same with the Bergen County Clerk. In the event of failure to file within 95 days, the approval of the major subdivision shall expire and any further proceedings shall require the filing of a new application as in the first instance. The Approving Authority, for good cause shown, may extend the time for filing for an additional 95 days.
i.
If the Approving Authority, after consideration and discussion of the final site plan or plat, disapproves the submission, a notation to that effect shall be made by the Chairman on the plan or plat. The Secretary, within 10 days of such disapproval, shall notify the applicant of such disapproval and forward to the applicant a copy of the plan and adopted resolution setting forth the reasons for the disapproval.
§ 26-1005.3 Effect of Final Approval.
[Ord. No. 779 § 16.1005.3]
a.
Final approval of a subdivision or site plan shall confer upon the applicant the following rights for a period of two years from the date of final approval:
1.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer, whether conditionally or otherwise, shall not be changed.
2.
If the developer has followed the standards prescribed for final approval, the Approving Authority may extend the period of protection for extensions of one year, but not to exceed three extensions.
In the case of a subdivision or site plan for a planned development of 50 acres or more, conventional subdivision or site plan of 150 acres or more, or site plan for development of a nonresidential floor area of 200,000 square feet or more, the Planning Board may grant the rights referred to in this subsection for such period of time, longer than two years, as shall be determined by the Board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval; economic conditions; and the comprehensiveness of the development.
The applicant may thereafter apply for, and the Approving Authority may thereafter grant, an extension to final approval for such additional period of time as shall be determined by the Approving Authority to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval; the number of dwelling units and non-residential floor area remaining to be developed; economic conditions; and the comprehensiveness of the development.
§ 26-1005.4 Submission Requirements for Final Site Pans and Final Major Subdivisions.
[Ord. No. 779 § 16.1005]
Each application for final site plan approval and/or final major subdivision approval shall provide the following:
b.
All additional details required at the time of preliminary approval, including a copy of the resolution of approval by the Approving Authority.
c.
A section or staging plan, if proposed, indicating the portion of the tract to be considered for final approval as part of the current application and the relationship of the portion of the tract to the remaining land area, including all applicable comparisons such as parking spaces, building coverage, lot coverage, open space areas and number of lots.
d.
Detailed architectural and engineering data including:
1.
An architect's rendering of each building and sign or a typical building and sign showing front, side and rear elevations.
2.
Final cross sections, plans, profiles and established grades of all streets, aisles, lanes and driveways, and construction documents (plans and specifications or reference to specifications) for all public improvements.
3.
Final plans and profiles of all storm and sanitary sewers and water mains.
4.
All dimensions of the exterior boundaries of any subdivision shall be balanced and closed to a precision of one to 5,000 and the dimensions of all lot lines to within one to 10,000. All dimensions, angles and bearings must be tied to at least two permanent monuments not less than 300 feet apart and all information shall be indicated on the plat. At least one corner of the subdivision shall be tied horizontally to the New Jersey State Grid Coordinate System and vertically to the U.S. Geodetic Survey System, with the data on the plat as to how the bearings were determined.
5.
Copies of any covenants or easements affecting the development.
6.
Upon completion of the installation of all utilities, the applicant also shall provide the Borough Engineer and the Board with four copies of "as built" plans showing the installed location of all utilities.
§ 26-1006.1 Furnishing of Performance Guarantees; Improvements.
[Ord. No. 2018-03]
a.
Before filing of final subdivision plats or recording of minor subdivision deeds or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to subsection d of Section 52 of P.L. 1975, c. 291 (C.40:55D-65), or as a condition of approval of a permit update under the State Uniform Construction Code for the purpose of updating the name and address of the owner of property on a construction permit, the Borough shall require and shall accept in accordance with the standards set forth hereinbelow and regulations adopted pursuant to Section 1 of P.L. 1999, c. 68 (C. 40:55D-53a) for the purpose of assuring the installation and maintenance of certain on-tract improvements, the furnishing of a performance guarantee, and provision for a maintenance guarantee as set forth in this section.
1.
The developer shall furnish a performance guarantee in favor of the Borough in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval or developer's agreement, ordinance, or regulation to be dedicated to a public entity, and that have not yet been installed, which cost shall be determined by the Borough Engineer, according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (C. 40:55D-53.4), for the following improvements as shown on the approved plans or plat:
(a)
Streets.
(b)
Pavement.
(c)
Gutters.
(d)
Curbs.
(e)
Sidewalks.
(f)
Street lighting.
(g)
Street trees.
(h)
Surveyor's monuments, as shown on the final map and required by "the map filing law," P.L. 1960, c. 141 (C. 46:23-9.9 et seq.; repealed by Section 2 of P.L. 2011, C. 217) or N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8.
(i)
Water mains.
(j)
Sanitary sewers.
(k)
Community septic systems.
(l)
Drainage structures.
(m)
Public improvements of open space; and
(n)
Any grading necessitated by the preceding improvements.
2.
The developer shall also furnish a performance guarantee to include, within an approved phase or section of a development, privately-owned perimeter buffer landscaping, as required by the Borough Code or imposed as a condition of approval. At a developer's option, a separate performance guarantee may be posted for the privately-held perimeter buffer landscaping.
3.
The Borough Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.
§ 26-1006.2 Safety and Stabilization.
[Ord. No. 2018-03]
a.
The developer shall also furnish to the Borough a "safety and stabilization guarantee" in favor of the Borough. At the developer's option, a "safety and stabilization guarantee" may be furnished either as a separate guarantee or as a line item of the performance guarantee. A "safety and stabilization guarantee" shall be available to the Borough solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:
1.
Site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure, and
2.
Work has not recommenced within 30 days following the provision of written notice by the Borough to the developer of the Borough's intent to claim payment under the guarantee.
3.
The Borough shall not provide notice of its intent to claim payment under a "safety and stabilization guarantee" until a period of at least 60 days has elapsed during which all work on the development has ceased for reasons other than force majeure. The Borough shall provide written notice to the developer by certified mail or other form of delivery providing evidence of receipt.
4.
The amount of a "safety and stabilization guarantee" for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000.
5.
The amount of a "safety and stabilization bond guarantee" for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows:
6.
The Borough shall release a separate "safety and stabilization guarantee" to a developer upon the developer's furnishing of a performance guarantee which includes a line item for safety and stabilization in the amount required under this paragraph.
7.
The Borough shall release a "safety and stabilization guarantee" upon the Borough Engineer's determination that the development of the project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.
§ 26-1006.3 Temporary Certificate of Occupancy; Guarantee.
[Ord. No. 2018-03]
a.
In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee," in favor of the Borough in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a "temporary certificate of occupancy guarantee," all sums remaining under a performance guarantee previously furnished by the developer which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the "temporary certificate of occupancy guarantee" shall be determined by the Borough Engineer. The "temporary certificate of occupancy guarantee" shall be released by the Borough Engineer upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.
§ 26-1006.4 Maintenance Guarantee.
[Ord. No. 2018-03]
a.
Prior to the release of a performance guarantee required pursuant to this Section, the developer shall post with the Borough a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.
1.
The developer shall post with the Borough, upon the inspection and issuance of final approval of the following private site improvements by the Borough Engineer, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements, which cost shall be determined according to the method of calculation set forth in section 15 of P.L.1991, c.256 (C.40:55D-53.4):
2.
The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term.
§ 26-1006.5 Other Agencies; Utilities.
[Ord. No. 2018-03]
a.
In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Borough for such utilities or improvements.
§ 26-1006.6 Regulations Concerning Performance Guarantees.
[Ord. No. 2018-03]
a.
The time allowed for installation of the bonded improvements for which the performance guarantee has been provided may be extended by the Governing Body 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 the installation, which cost shall be determined by the Borough Engineer according to the method of calculation set forth in section 15 of P.L. 1991, c. 256 (C. 40:55D-53.4) as of the time of the passage of the resolution.
b.
If the required bonded 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. Such completion or correction of improvements shall be subject to the public bidding requirements of the "Local Public Contracts Law," P.L. 1971, c. 198 (C. 40A:11-1 et seq.).
c.
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 Governing Body in writing, by certified mail addressed in care of the Borough Clerk, 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 this section, a list of all uncompleted or unsatisfactory completed bonded improvements. If such a request is made, the obligor shall send a copy of the request to the Borough Engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon the Borough Engineer shall inspect all bonded improvements covered by obligor's request and shall file a detailed list and report, in writing, with the Governing Body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
1.
The list prepared by the Borough Engineer shall state, in detail, with respect to each bonded 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 bonded improvement determined to be unsatisfactory. The report prepared by the Borough Engineer shall identify each bonded 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 bonded improvement, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to paragraph a of this section.
2.
The Governing Body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Borough Engineer, or reject any or all of these bonded improvements upon the establishment in the resolution of cause for rejection, 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 and appended to the performance guarantee pursuant to this section. 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 Governing Body, the obligor shall be released from all liability pursuant to its performance guarantee with respect to those approved bonded 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 total performance guarantee and "safety and stabilization guarantee" posted may be retained to ensure completion and acceptability of all improvements. The "safety and stabilization guarantee" shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction.
3.
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bond improvement shall be reduced by the total amount for each such 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, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70 percent of the total amount of the performance guarantee, then the Borough may retain 30 percent of the amount of the total performance guarantee and "safety and stabilization guarantee" to ensure completion and acceptability of all bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a "temporary certificate of occupancy guarantee" has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the Borough below 30 percent.
4.
If the Borough Engineer fails to send or provide the list and report as requested by the obligor pursuant to this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Borough Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
5.
If the Governing Body fails to approve or reject the bonded improvements determined by the Borough Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Borough Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee pursuant to this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
6.
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, provided that if the developer has furnished a "safety and stabilization guarantee," the Borough may retain cash equal to the amount of the remaining "safety and stabilization guarantee."
d.
If any portion of the required bonded 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.
e.
Nothing herein shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Governing Body or the Borough Engineer.
§ 26-1006.7 Regulations Concerning Inspection Fees.
[Ord. No. 2018-03]
a.
The obligor shall reimburse the Borough for reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements; which fees shall not exceed the sum of the amounts set forth hereinbelow. The Borough shall require the developer to post the inspection fees in escrow in an amount:
1.
Not to exceed, except for extraordinary circumstances, the greater of $500 or, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements that are subject to a performance guarantee under this section; and
2.
Not to exceed 5% of the cost of private site improvements that are not subject to a performance guarantee under this section, which cost shall be determined pursuant to Section 15 of P.L. 1991, c. 256 (C. 40:55D-53.4).
b.
For those developments for which the inspection fees total less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited in escrow by a developer shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Borough Engineer for inspections, the developer shall deposit the remaining 50% of the inspection fees.
c.
For those developments for which the inspection fees are total $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited in escrow by a developer shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection 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 inspection fees.
d.
If the Borough determines that the amount in escrow for the payment of inspection fees, as calculated hereinabove, is insufficient to cover the cost of additional required inspections, the developer shall deposit additional funds in escrow. In such instance, the Borough shall deliver to the developer a written inspection escrow deposit request, signed by the Borough Engineer, which informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
§ 26-1006.8 Approved By Stages Or Sections.
[Ord. No. 2018-03]
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 (C.40:55D-38), the provisions of this Section shall be applied by stage or section.
§ 26-1006.9 Dedication of Improvements To Borough.
[Ord. No. 2018-03]
To the extent that any of the improvements have been dedicated to the Borough on the subdivision plat or site plan, the governing body shall be deemed, upon the release of any performance guarantee required pursuant to 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.