Lawnside City Zoning Code
ARTICLE VI
Subdivision and Site Plan Review and Approval
§ 96-36 Review and approval required.
A.
Pursuant to the provisions of N.J.S.A. 40:55D-37, approval of subdivision plats by resolution of the Planning Board shall be required as a condition for the filing of such plats with the county recording officer. Approval of site plans by resolution of the Planning Board shall be required as a condition for the issuance of a building permit and certificate of occupancy for any development, except that subdivision or individual lot applications for detached one or two-dwelling-unit buildings shall be exempt from such site plan review and approval, provided that the resolution of the Board of Adjustment shall substitute for that of the Planning Board whenever the Board of Adjustment has jurisdiction over a subdivision or site plan pursuant to § 96-68B of this chapter.
B.
Each application for subdivision approval, where required pursuant to N.J.S.A. 40:27-6.3, and each application for site plan approval, where required pursuant to N.J.S.A. 40:27-6.6, shall be submitted by the applicant to the County Planning Board for review and approval, as required by the aforesaid sections, and the approving authority shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
§ 96-37 Submission procedure for preliminary approval.
A.
The applicant shall submit 15 copies of his complete application for subdivision, site plan or conditional use approval to the Secretary of the Planning Board. The time for the Board's review shall not begin to run until the submission of a complete application with the required fee. Unless the applicant is informed in writing by the Secretary of the Planning Board within 45 days of the actual submission of the application that it is incomplete, said application shall be deemed complete as of the date it was submitted.
B.
A complete application for preliminary approval shall consist of the following:
(1)
A properly completed site plan, subdivision and/or conditional use information form.
(3)
A site plan or subdivision plot plan on which the following is set out:
(a)
Scale, not to exceed one inch equals 100 feet.
(b)
Locator map showing all road intersections within 500 feet or the nearest intersection, whichever is most distant.
(c)
All structures, wooded areas and topography at two-foot intervals, except where the slope exceeds 15%, in which case contour intervals may be five feet for those areas.
(d)
All lot lines and owners of lots within 200 feet of the site.
(e)
Streets, easements, watercourses and rights-of-way, both existing and proposed.
(f)
Any extension of off-tract improvements necessitated by the proposed development.
(g)
A soil erosion and sedimentation control plan, pursuant to the requirements of N.J.S.A. 4:24-39 et seq.
(h)
In the case of a site plan, preliminary plans for elevations and locations of structures, parking, lighting, loading, signs and landscaping.
C.
The Secretary of the Planning Board shall distribute the site plan, subdivision and/or conditional use application for review and report and, where required, approval, as follows:
§ 96-38 Reservation of public areas.
A.
Before approving a subdivision or site plan, the approving authority shall require that streets, public drainageways, flood control basins and public areas designated for reservation on the Master Plan must be shown on the plat in locations and sizes suitable to their intended uses. The approving authority may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of up to one year after the approval of the final plat or within such further time as may be agreed to by the developer. Unless during such period or extension thereof the borough shall have entered into a contract to purchase or institute condemnation proceedings according to law for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to streets and roads, flood control basins or public drainageways necessitated by the subdivision or land development and required for final approval.
B.
The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously been mutually agreed upon, "just compensation" shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation, provided that determination of such fair market value shall include but not be limited to consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining subdivision approval or site plan approval, as the case may be, caused by the reservation.
C.
Upon the submission to the approving authority of an application for development showing development proposed for an area reserved on the Master Plan, the Secretary of the approving authority shall notify the Borough Council in writing of such application and that the approving authority intends to grant approval for said development in the reserved area unless the Borough Council notifies the approving authority prior to the date for final approval that it intends to reserve the area in question and will provide compensation to the developer for such reservation. Said notice of intent to reserve shall be in the form of a resolution by the Borough Council. The Borough Council shall thereupon proceed either to reach an agreement with the developer as to the amount of compensation to be paid for such reservation or to negotiate a purchase price for said reserved area. Upon the Borough Council's arriving at the amount to be paid the developer by way of compensation for reservation or purchase, said amount shall be deposited in escrow for the benefit of the developer.
§ 96-39 Off-tract improvements.
The approving authority shall require, as a condition of preliminary subdivision or site plan approval, that the developer pay his pro rata share of the cost of providing only reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor, located outside the property limits of the development but necessitated or required by construction or improvements within such development. Such contribution for a developer's pro rata share shall only be required where the off-tract improvements are to be constructed pursuant to the provisions of the circulation and comprehensive utility service plans included in the Borough Master Plan pursuant to § 96-27B(4) and (5) of this chapter. The developer shall either install the improvements or contribute his pro rata share of the costs, at the option of the developer. If the developer installs the improvements, he shall be compensated by the borough for all but his pro rata share of the cost of the improvement.
§ 96-40 Findings for planned developments.
Prior to approval of planned developments, the approving authority shall find the following facts and conclusions:
A.
That departure by the proposed development from zoning regulations otherwise applicable to the subject property conforms to the Zoning Ordinance standards pursuant to the Article of this chapter on zoning dealing with planned development.
B.
That the proposals for maintenance and conservation of the common open space are reliable and that the amount, location and purpose of the common open space are adequate.
C.
That provisions through the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreational and visual enjoyment are adequate.
D.
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established.
E.
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development are adequate.
§ 96-41 Standards for establishment of open space organization.
A.
The borough may, at any time and from time to time, accept the dedication of land for public use and maintenance, or any interest therein, required to be set aside, designated and reserved for the use and enjoyment of owners and occupants of land adjoining or neighboring such land as a condition of approval of planned unit development, planned unit residential development or residential cluster, but such dedication shall not be required by the approving authority.
B.
The developer shall provide for an organization for the ownership and maintenance of any open space for the benefit of owners or residents of a development if said open space is not dedicated to the borough. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the borough.
C.
In the event that such organization shall fail to maintain the open space in reasonable order and condition, the Chairman of the Property Committee may serve written notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice. At such hearing, the Chairman of the Property Committee may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they may be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the borough, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the Chairman of the Property Committee shall, upon his initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Chairman of the Property Committee, at which hearing such organization and the owners of the development shall show cause why such maintenance by the borough shall not, at the election of the borough, continue for a succeeding year. If the Chairman of the Property Committee shall determine that such organization is ready and able to maintain said open space in reasonable condition, the borough shall cease to maintain said open space at the end of said year. If the Chairman of the Property Committee shall determine such organization is not ready and able to maintain said open space in a reasonable condition the borough may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Chairman of the Property Committee in any case shall constitute a final administrative decision subject to judicial review.
D.
The cost of such maintenance by the borough shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and be added to and be a part of the tax to be levied and assessed thereon and be enforced and collected with interest by the same officers and in the same manner as other taxes.
§ 96-42 Time limits for decisions.
A.
Site plan and conditional use approvals.
(1)
Upon the submission to the Secretary of the Planning Board of a complete application for a site plan for 10 acres of land or less, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for site plan approval also involves an application for relief pursuant to § 96-24 of this chapter, the Planning Board shall grant or deny preliminary approval within 95 days of the date of the submission of a complete application to the Secretary of the Planning Board or within such further time as may be consented to by the applicant.
(2)
Upon the submission of a complete application for a site plan of more than 10 acres or for a conditional use approval, the Planning Board shall grant or deny preliminary approval of the site plan and/or approval of the conditional use within 95 days of the date of such submission or within such further time as may be consented to by the applicant.
B.
Subdivisions.
(1)
Upon the submission to the Secretary of the Planning Board of a complete application for a subdivision of 10 or fewer lots, other than a minor subdivision as defined in § 96-49 of this chapter, the Planning Board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer, except that if the application for subdivision approval also involves an application for relief pursuant to § 96-24 of this chapter, the Planning Board shall grant or deny preliminary approval within 95 days of the date of submission of a complete application to the Secretary of the Planning Board or within such further time as may be consented to by the applicant.
(2)
Upon the submission of a complete application for a subdivision of more than 10 lots, the Planning Board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer.
C.
Failure of the Planning Board to reach a decision within the specified time periods or extensions thereof shall result in the approval of the subdivision and/or site plan and/or conditional use as submitted.
D.
The Planning Board may waive site plan approval requirements if the construction or alteration or change of occupancy or use does not affect existing circulation, drainage, relationships of buildings to each other, landscaping, buffering, lighting and other considerations of site plan review.
E.
If the Planning Board requires any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon as in the case of the original application for development. The Planning Board shall, if the proposed development complies with this chapter, grant preliminary subdivision or site plan approval.
F.
Nothing herein shall be construed to limit the right of a developer to submit a sketch plat to the Planning Board for informal review, and neither the Planning Board nor the developer shall be bound by any discussions or statements made during such review, provided that the right of the developer at any time to submit a complete application for subdivision or site plan approval shall not be limited by his submission of a sketch plat and that the time for the Planning Board's decision shall not begin to run until the submission of a complete application.
§ 96-43 Public hearings on site plan applications.
A public hearing shall be held on all applications for site plan approval involving uses which, on the submitted complete application for preliminary approval, show five or more off-street parking spaces. A public hearing is not required for all other site plan applications.
§ 96-44 Rights under preliminary approval.
A.
Preliminary approval of a major subdivision or site plan, except as provided in Subsection B of this section, 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; yard dimensions and off-tract improvements; and, in the case of a site plan, existing natural resources to be preserved on the site; vehicular and pedestrian circulation, parking and loading; screening, landscaping and location of structures; and exterior lighting both for safety reasons and streetlighting, except that nothing herein shall be construed to prevent the borough from modifying by ordinance such general terms and conditions of preliminary approval as relate 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 subdivision plat or site plan.
(3)
That the applicant may apply for and the reviewing Board may grant extensions on 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 may govern.
B.
In the case of a subdivision or site plan for an area of 50 acres or more, the reviewing Board may grant the rights referred to in Subsection A(1), (2) and (3) above for such period of time longer than three years as shall be determined by the reviewing Board 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 thereafter and the reviewing Board may thereafter grant an extension of preliminary approval for such additional period of time as shall be determined by the reviewing Board 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 may govern.
§ 96-45 Procedure for final approval of site plans and major subdivisions.
A.
The reviewing Board shall grant approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by this chapter for final approval, the conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9, provided that in the case of a planned development, the reviewing body may permit minimal deviations from the conditions of preliminary approval necessitated by change of conditions beyond the control of the developer since the date of preliminary approval without the developer's being required to submit another application for development for preliminary approval.
B.
Final approval shall be granted or denied within 45 days after submission of a complete application to the Secretary of the approving authority or within such further time as may be consented to by the applicant. Failure of the approving authority to act within the period prescribed shall constitute final approval of the application for final approval as submitted, and a certificate of the Secretary of the approving authority as to the failure of the approving authority to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other required evidence of approval.
C.
A complete application for final approval shall consist of the following, where applicable:
(1)
A properly completed final subdivision or site plan approval form.
(3)
A site plan in final form, including all the information shown on the preliminary plan and conditions of preliminary approval.
(4)
A subdivision plat conforming to the Map Filing Law, P.L. 1960, c. 141, N.J.S.A. 46:23-9.9 et seq.
§ 96-46 Power to grant exceptions; simultaneous review and approval.
A.
The approving authority, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval of this chapter if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
B.
The approving authority, when acting upon applications for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of this chapter if the literal enforcement of one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.
C.
The approving authority shall have the power to review and approve or deny conditional uses or site plans simultaneously with review for subdivision approval without the developer's being required to make further application to the approving authority or the approving authority's being required to hold further hearings. The longest time period for action by the approving authority, whether it is for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer pursuant to this subsection, notice of the hearing on the plat shall include reference to the request for such conditional use.
§ 96-47 Effect of final approval.
A.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 96-44 of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that in the case of a major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in § 96-50 of this chapter. If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in § 96-50 of this chapter, the approving authority may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 96-44 of this chapter for the section granted final approval.
B.
In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of 50 acres or more or conventional subdivision or site plan for 150 acres or more, the approving authority may grant the rights referred to in Subsection A of this section for such period of time longer than two 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 final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter and the reviewing board may thereafter grant an extension of 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 nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
§ 96-48 Guaranties and inspections.
A.
Performance guaranty estimate.
(1)
No final application for development (whether for an entire tract or a section thereof) shall be approved by the Board until the satisfactory completion and performance of all required improvements have been certified to the Board by the Borough Engineer unless the owner shall have filed with the borough a performance guaranty assuring the installation of said improvements on or before an agreed date as hereinafter provided. As a condition of final approval for any application for development, all applicants shall submit a performance guaranty, and upon completion and approval of the improvements, a two-year maintenance guarantee for all required on-site and off-site improvements. The form and amount of the aforementioned guaranties must meet the satisfaction of the Borough Solicitor and Engineer. The bonding requirements set forth herein are mandatory unless expressly waived by the Planning Board by resolution.
(2)
It is the intention of the Borough Council that residents living in each new section of a development be provided with a lot and/or dwelling unit and tract area that is as complete as possible with respect to the tract, the individual lot and/or dwelling unit improvements and the improvements required for the entire development of which the lot is a part. In order to accomplish this objective and except as hereafter provided, all remaining improvements shall be completed as to each category set forth in the performance guaranty to a percentage extent equal to the percent of lots and/or dwelling units which have been conveyed in any manner.
Nonresidential developments shall be improved to the full extent required of the Board's approval.
(3)
A performing guaranty estimate shall be prepared by the applicant's engineer and submitted to the Borough Engineer for review and approval, setting forth all requirements for improvements, as fixed by the Board, and their estimated cost. The performance and maintenance guaranties shall conform to such approved estimate in the manner calculated below. The Borough Council shall pass a resolution either approving or adjusting the performance and maintenance guarantees.
B.
Calculation of guaranty.
(1)
The owner shall present the performance guaranty, in an amount equal to 120% of the approved performance guaranty estimate required above. The guarantee must then receive the approval as to form, amount and execution by the Borough Solicitor and Engineer as a condition to approval of the application. No plans will be signed or approval given by the Planning Board or its employees until the required performance guaranty has been approved by the Borough Solicitor and Engineer.
(2)
The Borough Solicitor shall notify the Secretary of the Board prior to the meeting that the performance guaranty is properly executed and that the matter can be added to the agenda for confirmation and execution.
C.
Bonding and cash requirements.
(1)
The performance guaranty shall be made payable and deposited to the Borough of Lawnside and shall be in the form of cash, irrevocable letter of credit or certified check or a performance bond in which the owner shall be principal. The bond or letter of credit to be provided must be issued by an acceptable surety or banking company licensed to do business in the State of New Jersey. The borough shall issue its receipt for such deposits and shall cause the same to be deposited in the name of the borough to be retained as security for completion of all requirements and to be returned to the owner on completion of all required work or, in the event of default on the part of the owner, to be used by the borough to pay the cost and expense of obtaining completion of all requirements.
(2)
The performance guaranty or maintenance guaranty required herein must constitute an unconditional payment obligation of the issuer running solely to the borough. The performance guaranty must provide that it will remain in full force and effect and shall not be terminated until it is released by the borough. The applicant may submit an Irrevocable Letter of Credit as a performance guaranty so long as it provides for an initial one-year term and for its automatic renewal for a period of at least one year at the expiration of its initial term. Such Letter of Credit will further provide that it will thereafter be automatically renewed by the surety until released by the borough or until the surety provides not more than 90 days or not less than 60 days' notice by certified mail, return receipt requested or express mail to the Borough Clerk that it wishes to terminate its Letter of Credit as provided herein. In the event the surety gives notice that it wishes to terminate its Letter of Credit, the borough may, at its discretion draw and call upon the full amount of the guaranty by way of a sight draft executed by the Mayor and Borough Solicitor even if the development is still progressing in accordance with the underlying approval.
At any time prior to 30 days of expiration or termination of the guaranty, the applicant may submit a replacement surety to the borough pursuant to these provisions in a form acceptable to the Borough's Attorney and Engineer to prevent the borough from automatically drawing upon or calling the Letter of Credit for any remaining improvements. All Letters of Credit or sureties which can terminate by means other than by release of the Borough Council shall recite the following provisions: "It is a condition of this Letter of Credit (or other form of guarantee) that it will be deemed to be automatically extended, without amendment, for additional periods of one year from the present or any future expiration date hereof, unless no more than 90 days or less than 60 days prior to the then current expiration date we notify the Borough Clerk in writing, at your address stated above, via certified mail, return receipt requested or express mail of our intention not to so extend this Letter of Credit for any additional periods. Such notice will be deemed to have been given when sent. However, notwithstanding the foregoing, we do reserve the right to cancel this Letter of Credit at any time after the stated expiration date of _____________, provided that we notify you in writing, at your address stated above, via certified or express mail no more than 90 days or not less than 60 days prior to the date of our anticipated cancellation date (such notice will be deemed to have been given when received) or our intention to cancel this Letter of Credit. Upon your receipt of such cancellation notice and within the remaining period in which this credit is valid and in force you may present your drawing demand hereunder by means of your sight draft(s) drawn on ourselves and accompanied by a typewritten statement on the letterhead of and purportedly signed by the Mayor of the Borough of Lawnside and its Borough Engineer stating therein, 'liability still exists to the Borough of Lawnside with respect to Letter of Credit No.____. Therefore, demand for payment thereunder is hereby made for an amount equal to that so stated in our attached sight draft(s)'."
D.
Inspection and tests.
(1)
All site improvements and utility installations for both site plans and subdivisions shall be inspected during the time of their installation under the supervision of the Borough Engineer to ensure satisfactory completion. The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements; provided that the municipality may require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the Municipal Engineer for such inspection. The cost of said inspection shall be the responsibility of the owner who shall pay to the Borough Treasurer an initial sum to be held in escrow equal to 5% of the amount of the estimated costs for the required improvements for payment of the inspection costs. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall make additional deposits of 25% of the reasonably anticipated fees. The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit. The project may be immediately shut down by the Municipal Engineer if sufficient fees for inspections have not been deposited in accordance with this section.
(2)
In no case shall any paving or concrete work or utility installations be done without permission from the Borough Engineer. At least two working days' notice shall be given to the Borough Engineer prior to any construction so that the Engineer or a qualified representative may be during work.
(3)
Streets should not be paved with a wearing course until all heavy construction is completed. Shade trees shall not be planted until all grading and earthmoving is completed. The seeding of grass and the placing of surveyor's monuments shall be among the last operations.
(4)
The Borough Engineer's office shall be notified prior to each of the following phases of work so that he or a qualified representative may inspect the work:
(a)
Road subgrade.
(b)
Curb and gutter forms.
(c)
Curbs and gutters.
(d)
Road paving.
(e)
Sidewalk forms.
(f)
Sidewalks.
(g)
Drainage pipes and other drainage construction.
(h)
Street name signs.
(i)
Monuments.
(j)
Sanitary sewers.
(k)
Detention and/or retention basins.
(l)
Topsoil, seeding and planting.
(m)
Underground utilities.
(n)
Sub-surface drainage, seepage, sump pump systems, etc.
(5)
Any improvement installed contrary to the plan or plat approval by the borough shall constitute just cause to void the municipal approval.
(6)
Any improvements installed without notice for inspection pursuant to Subsection D(4) hereinabove shall constitute just cause for:
(a)
Removal of the uninspected improvement;
(b)
The payment by the developer of any costs for material testing;
(c)
The restoration by the developer of any improvements disturbed during any material testing; and/or
(d)
The issuance of a stop work order by the Borough Engineer pending the resolution of any dispute.
(7)
Inspection by the borough of the installation of improvements and utilities shall not operate to subject the Borough of Lawnside to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter; it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the owner and his contractor, if any.
(8)
Upon the completion or substantial completion of all required appurtenant utility improvements and the connection of same to the public system, the obligor may notify the Borough Council, in writing, by certified mail in care of the Borough Clerk, of the completion or substantial completion of the improvements and shall simultaneously send a certified copy thereof to the Borough Engineer. Within 45 days of receipt of the notice, the Borough Engineer shall inspect all the improvements of which such notice has been given and file a detailed report, in writing, with the Borough Council, indicating either approval, partial approval or rejection of such improvements, with a statement of the reasons for any rejection. The costs of the improvements as approved or rejected shall be set forth.
E.
Release. Release or partial release of the guaranty shall be taken in accordance with N.J.S.A. 40:55D-53 d through j. Based thereon, the Borough Council shall approve, partially approve or reject the improvements, and shall adopt a resolution of such action not later than 45 days after the receipt of the list and report of the Municipal Engineer.
(1)
Where partial approval is granted, the obligor shall be released from the performance guaranty for such improvements, except for that portion adequately sufficient to secure provision of the improvements not yet approved, provided that 20% of the performance guaranty posted may be retained to ensure the completion and acceptability of all improvements and that said 20% may be applied against all improvements, regardless of when completed.
(2)
If any portion of the required improvements is rejected, the obligor shall complete such improvements and, upon completion shall notify the Borough Council as specified herein and the same procedures shall again be followed as in the first instance.
F.
Conditions and acceptance of improvements. The approval of any application for development and release of guaranty by the borough shall in no way be construed as acceptance of any street, drainage or utility system or any other improvement, nor shall such approval obligate the borough in any way to exercise jurisdiction over such street, drainage or utility system or other improvement. No improvement shall be accepted by the governing body unless and until all of the following conditions have been met:
(1)
The Borough Engineer shall have certified in writing that the improvements are completed and that they comply with the requirements of this chapter.
(2)
The final application for development shall have been approved by the Board.
(3)
The owner shall have filed with the Borough Council a maintenance guaranty in an amount equal to and not more than 15% of the cost of installing the improvements. The maintenance guaranty shall run for a period of two years from final acceptance of the improvement. The procedures and requirements for acceptance and release governing such maintenance guaranty shall be identical to the procedures and requirements for a performance guaranty set forth in this chapter. The requirements for a maintenance guaranty may be waived by the Borough Council by resolution at its discretion if it appears that such a maintenance guaranty is unnecessary given the site improvements at issue or if the Borough Engineer has certified that the improvements have been in continuous use for not less than two years from the date the Borough Engineer certified completion of such improvements and that during this period the owner has maintained the improvements in a satisfactory manner.
(4)
An as-built plan and profiles of all utilities and roads [three black-and-white prints plus a Mylar copy to be sent to the Borough Engineer], with certification signed and sealed by a New Jersey licensed professional engineer as to the actual construction as approved by the Borough Engineer, shall be provided.
§ 96-49 Minor subdivision approval.
A.
The Planning Board shall waive notice and public hearing for an application for development if the Subdivision Committee of the Planning Board appointed by the Chairman finds that the application for development conforms to the definition of "minor subdivision" in Section 96-3 of this chapter. Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided that the Board or said subcommittee may condition such approval on terms ensuring the provision of improvements pursuant to Article VII of this chapter.
B.
Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Secretary of the Planning Board or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor subdivision approval, and a certificate of the Secretary of the Planning Board as to the failure of the Planning Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
C.
Approval of a minor subdivision shall expire 190 days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9, or a deed clearly describing the approved minor subdivision, is filed by the developer with the county recording officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the application for development for a proposed minor subdivision, the Planning Board may accept a plat not in conformity with the Map Filing Law, provided that if the developer chooses to file the minor subdivision as provided herein by plat rather than deed, such plat shall conform to the provisions of said Act.
D.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided herein.
§ 96-50 Filing of major subdivision plats; required signatures.
A.
Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the county recording officer. The approving authority may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
B.
Final approval of a major subdivision shall be evidenced by affixing to the plat the signatures of the Chairman and Secretary of the approving authority or a copy of the certificate of the Secretary of the approving authority indicating that the approving authority failed to reach a decision on the subdivision application within the prescribed time. The signatures of the Chairman and Secretary of the approving authority shall not be affixed until the developer has posted the guaranties required pursuant to § 96-48 of this chapter.
§ 96-51 Sale of land prior to final subdivision approval; penalties.
A.
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which borough approval is required by this chapter, such person shall be subject to a penalty not to exceed $500, and each lot disposition so made may be deemed a separate violation.
§ 96-52 Certificates showing subdivision approval.
A.
The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision or which formed part of a subdivision three years preceding August 1, 1976, may apply in writing to the Borough Clerk for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
B.
The Borough Clerk shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his or her office.
C.
Each such certificate shall be designated a "certificate as to approval of subdivision of land" and shall certify:
(1)
That there exists in the Borough of Lawnside a duly established Planning Board and that there is an ordinance controlling subdivision of land adopted under the authority of the Municipal Land Use Law, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
(2)
Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board and, if so, the date of such approval and any extensions and terms thereof, showing that that subdivision of which the lands are a part is a validly existing subdivision.
D.
The Borough Clerk shall be entitled to demand and receive for such certificate issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and 5-15. The fees so collected by the Borough Clerk shall be paid by him or her to the borough.