Maplewood City Zoning Code
ARTICLE III
Development Review Procedures and Plat Details
§ 271-23 Conditional approval.
The applicant shall comply with reasonable conditions imposed by the approving authority for design, dedication, improvements and the use of the land to conform to the physical and economical development of the municipality and to the safety and general welfare of the future residents/owners in the development and the community at large. Where review or approval by any other public body is required on a subdivision or site plan, the approving authority shall condition any approval it grants upon either timely receipt of a favorable report from the public body or approval due to its failure to submit a report within a statutory time period. If the report is timely and is negative or attaches mandatory conditions, the original action by the municipal approving authority shall be void and the application shall be denied and a new resolution shall be adopted which considers the public body's report.
§ 271-24 Exceptions.
The approving authority, when acting upon applications, shall have the power to grant such exceptions from the subdivision and site plan requirements as may be reasonable and within the general purpose and intent of the provisions for subdivision or site plan review and approval of 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, in accordance with the provisions of N.J.S.A. 40:55D-51.
§ 271-25 Exemptions from subdivision regulations.
Divisions of land not considered a subdivision, as defined in N.J.S.A. 40:55D-7 of the Municipal Land Use Law, shall be exempt from compliance with the requirements of this chapter.
§ 271-26 Simultaneous review.
The approving authority shall have the power to act upon subdivisions, conditional uses, variances and/or site plans simultaneously without the developer making further application or the approving authority holding further hearings. The longest applicable time period for action by the approving authority shall apply. Whenever approval of a conditional use or variance is requested in conjunction with a site plan or subdivision, notice of the hearing shall include reference to the request for the conditional use or variance.
§ 271-27 Site plan approval required.
§ 271-28 Submission of informal plat for minor and major developments.
An informal review of a concept plan is optional at the request of the developer. The purpose will be to review concepts to assist the applicant in the preparation of subsequent plans. No decisions will be made, no hearings held and no formal action taken. Neither the developer nor the approving authority shall be bound by this informal review.
§ 271-29 Submission of preliminary plat for major developments.
Preliminary plats are required for all major site plans and major subdivisions.
A.
Filing procedure.
(1)
The developer shall submit to the administrative officer at least 15 calendar days prior to the public meeting of the approving authority 15 copies of the preliminary plat at the required scale, plus 15 copies of a representative layout of the development reduced to either eight and one-half by eleven (8 1/2 x 11) inches, eight and one-half by fourteen (8 1/2 x 14) inches or eleven by seventeen (11 x 17) inches page size, five completed copies of the application form and preliminary plat checklist, three copies of any existing or proposed protective covenants, deed restrictions and easements or a statement that none exist or are proposed, three copies of the drainage calculations and soil erosion and sediment control data as required in Article IV, the applicable fees, including inspection fees if improvements are to be installed prior to final approval, and certification by the Tax Collector that all taxes are paid to date.
(2)
A corporation or partnership applying to subdivide a parcel of land into six or more lots or for a variance to construct a multiple dwelling of 25 or more family units or for a site to be used for commercial purposes shall list the names and addresses of all stockholders or individual partners owning at least 10% of its stock of any class or at least 10% of the interest in the partnership, as the case may be. If a corporation or partnership owns 10% or more of the stock of a corporation or 10% or greater interest in a partnership, subject to the above disclosure, that corporation or partnership shall list the names and addresses of its stockholders holding 10% or more of its stock or of 10% or greater interest in the partnership, as the case may be, and this requirement shall be followed by every corporate stockholder or partner in a partnership, until the names and addresses of the noncorporate stockholders and individual partners exceeding the ten-percent ownership criterion established in the Municipal Land Use Law[1] have been listed. No application for development shall be approved which does not comply with this requirement. The penalty for concealment shall be as outlined in the Municipal Land Use Law.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Action by the approving authority.
(1)
The administrative officer shall be authorized to reject an application as incomplete. The approving authority shall determine whether the submission is a complete application upon recommendation from the administrative officer and in consideration of reports from professionals retained by the approving authority. If rejected, the applicant shall be notified, in writing, of the deficiencies within 45 days of submission. A completed copy of the submission checklist adopted by ordinance shall be sent to the applicant if the application is deemed to be incomplete.
(2)
If the application is not rejected as incomplete by the administrative officer, a public hearing date shall be set and notice given by the applicant.
(3)
The administrative officer shall submit one copy of the plat and supporting data to the Township Engineer and any other agency or person as directed by the approving authority. If any agency or person fails to report to the approving authority within 30 days, the plat shall be deemed to have been approved by them. In the event of disapproval, such report shall state the reasons therefor.
(4)
A subdivision of 10 or fewer lots shall be granted or denied within 45 days of the date of submission of a complete application. For more than 10 lots, preliminary approval shall be granted or denied within 95 days of the date of submission of a complete application. Further time may be consented to by the developer. If action is not taken within the required time, the approving authority shall be deemed to have granted preliminary approval.
(5)
A site plan of 10 acres or less and 10 dwelling units or fewer shall be granted or denied within 45 days of the date of submission of a complete application. A site plan of more than 10 acres or more than 10 dwelling units shall be granted or denied within 95 days of the date of submission of a complete application. Further time may be consented to by the developer. If action is not taken within the required time, the approving authority shall be deemed to have granted preliminary approval.
(6)
If substantial amendments in the layout of improvements are required and the plan has been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application.
(7)
The approving authority may approve, disapprove or approve with conditions the application. The decision shall be in writing and shall be mailed to the applicant by the approving authority within 10 days of the date of the decision. A notice of the decision shall be published in the official newspaper of the Township, and the publication shall be arranged by the applicant. If granted preliminary approval, the Chairman and Secretary (or the Vice Chairman or Assistant Secretary in their absence, respectively) and the Township Engineer shall sign each page of the plat indicating the approval. If conditionally approved, the plat shall not be signed until all conditions are corrected on the plat. If all corrections are not completed within 90 days of the conditional approval, the conditional approval shall lapse.
(8)
Preliminary approval shall confer upon the applicant the following rights for a three-year period:
(a)
The general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to land use, layout and design standards for streets, curbs and sidewalks, lot size, yard dimensions, off-tract improvements and any requirements peculiar to site plan approval, except that nothing herein shall be construed to prevent the Township from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
(b)
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 plat.
(c)
The applicant may apply for and the approving authority 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.
§ 271-30 Submission of final plat for minor and major developments.
A.
Filing procedure for major developments.
(1)
Prior to expiration of the preliminary approval, the developer shall file with the administrative officer at least 15 calendar days prior to the meeting of the approving authority one Mylar, two cloth and 10 paper prints of the plat, plus 15 copies of the plat reduced to either eight and one-half by eleven (8 1/2 x 11) inches, eight and one-half by fourteen (8 1/2 x 14) inches or eleven by seventeen (11 x 17) inches page size, and four completed copies of the application form for final approval with supporting exhibits and final plat checklist, the performance guaranty approved by the governing body, including off-tract improvements, if any, any maintenance guaranties, the applicable fees, certification by the Tax Collector that all taxes are paid to date and certification by the Soil Conservation District pursuant to the Soil Erosion and Sediment Control Act, Chapter 251 of the Laws of 1975, as amended.[1]
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
(2)
Staging plan. For any area to be developed in stages, the developer shall submit a total development plan in such detail as required by the approving authority with a staging plan showing the following:
(a)
The anticipated date for commencing construction of each state. The staging shall be such that if development of the site were discontinued after the completion of any stage, the developed portion would comply with all requirements of this chapter and be provided with adequate drainage and utility systems.
(b)
The improvements to be completed in each stage prior to application for certificates of occupancy shall be shown. The plan should demonstrate that subsequent stages will have minimum adverse effects upon occupied buildings on the site and adjoining properties.
(c)
Written descriptions of the construction program shall indicate the manner in which noise, soil erosion, glare, air pollution, fire hazards, safety hazards and the routes to be traveled by heavy construction equipment to and from, as well as within, the site in order to minimize damage to roads.
(3)
Where utility services are to be extended to the site, the final plat shall be accompanied by letters signed by a responsible officer of the utility which provides gas, telephone and electricity that has jurisdiction in the area, approving the utility installation and stating who will construct the facility.
(4)
The final plat shall be accompanied by a statement by the Township Engineer that all utilities and other improvements (both in the development and off-tract) are in their exact location and elevation, and that the drainage, erosion, stormwater control and excavation plans have been inspected and the interests of the Township and of nearby properties are fully protected. Those portions of improvements already installed shall be identified and the Engineer shall state that the developer has either:
B.
Filing procedure for minor developments. The developer shall file with the administrative officer, at least 15 calendar days prior to the meeting of the approving authority, 15 paper prints of the plat, four completed copies of the application form, the applicable fees, certification by the Tax Collector that all taxes are paid to date and certification by the Soil Conservation District pursuant to the Soil Erosion and Sediment Control Act, Chapter 251 of the Laws of 1975.[2]
[2]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
C.
Action by the approving authority.
(1)
The administrative officer shall be authorized to reject an application as incomplete. The approving authority shall determine whether the submission is a complete application upon recommendation from the administrative officer and in consideration of reports from professionals retained by the approving authority. The approving authority shall grant final approval to a complete application meeting the standards of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., the standards of this chapter and, in the case of major developments, the terms of preliminary plat approval. In the case of a major development, minimal deviations from the conditions of preliminary plat approval necessitated by a change of conditions beyond the control of the developer may be permitted without submission of another application for preliminary approval.
(2)
If the application is found to be incomplete, the administrative officer shall notify the applicant, in writing, of the deficiencies within 45 days of submission. If accepted as complete, the administrative officer shall send the applicant a certificate of completeness indicating the effective date of the submission of a complete application. Final approval shall be granted or denied within 45 days of such effective date or within such further time as consented to by the applicant. An approved final plat shall be signed by the Chairman and Secretary of the approving authority (or the Vice Chairman or Assistant Secretary in their absence, respectively). Failure to act within the period prescribed shall constitute final approval and a certificate to that effect shall be issued on request of the applicant.
(3)
Whenever County Planning Board action is required by N.J.S.A. 40:27-6.3 or 40:27-6.6, the approving authority shall condition any approval upon timely receipt of a favorable report from the County Planning Board or upon their failure to act within the required time period.
(4)
Final 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, including any conditions imposed by the approving authority and in conformity with the provisions of the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Township Engineer and the Township Tax Assessor. Such plat or deed shall have been signed by the Chairman and Secretary of the approving authority (or the Vice Chairman or Assistant Secretary in their absence, respectively). The plat of a minor subdivision need not be in conformity with the Map Filing Law, provided that the developer chooses to file the minor subdivision by deed.
(5)
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. No subdivision plat shall be accepted for filing by the County Recording Officer until it has been approved by the approving authority and signed by the Chairman and Secretary (or the Vice Chairman or Assistant Secretary in their absence, respectively) or a certificate has been issued as to the failure of the approving authority to act within the required time. The signatures of the Chairman and Secretary shall not be affixed until the developer has posted the required guaranties. If the County Recording Officer records any plat without such approval, the recording shall be deemed null and void, and upon request of the municipality, the plat shall be expunged from the official records. It shall be the duty of the County Recording Officer to notify the approving authority, in writing, within seven days of the filing of any plat, identifying it by its title, date of filing and official number.
(6)
The same zoning requirements, general terms, conditions and other rights applicable to a preliminary approval shall not be changed for a period of two years after the date of final approval, provided that, in the case of a subdivision, the plat has been filed with the County Recording Officer. The approving authority may extend such period of protection for extensions of one year, but not to exceed three extensions. Upon granting of final approval, the rights conferred by the granting of preliminary approval shall be terminated.
(7)
The developer shall supply sufficient copies of the approved final plat so the administrative officer can distribute one copy to each of the following: applicant, Township Clerk, Tax Assessor and any other agency or person directed by the approving authority; and, in the case of a major development, shall supply one translucent, cloth or Mylar copy to the Township Engineer.
§ 271-31 Plat design standards for subdivisions.
A.
Plat conformity. All applications shall be submitted in plat form conforming to the submission requirements. All plats shall be drawn by a land surveyor and all drawings of improvements shall be prepared by a professional engineer, each bearing the signature, embossed seal, license number and address of the preparer.
B.
Minor subdivision plat for final approval. Plats shall include the following:
(1)
Clearly and legibly drawn plats, and based on an actual survey certified by a land surveyor licensed in New Jersey.
(2)
Graphic scale not less than one inch equals 30 feet.
(3)
Existing and proposed lots with dimensions shown to one-hundredth (.01) foot, and the area of each lot to the nearest square foot.
(4)
Area of original tract.
(5)
Existing lot lines to be eliminated.
(6)
Sight triangles as required by this chapter.
(7)
Contours at two-foot intervals for the entire tract. Show the high and low points together with the final elevations of the proposed corners of the lots. If two-foot intervals are not practical because of minimal slopes, show sufficient spot elevations to determine drainage patterns.
(8)
The approximate location of existing structures and uses.
(9)
All streams, lakes and drainage rights-of-way; the location of drainage structures; the approximate location of the one-hundred-year flood hazard areas; the location of wooded areas; and for lots which will be less than five acres after subdivision, the location of isolated trees with a diameter of six inches or more measured five feet above ground level.
(10)
The Tax Map sheet, block and lot numbers for the tract and all adjacent lots; a title including the words "Minor Subdivision Plat for Final Approval"; North arrow; space for the application number; and the date of the original drawing and each revision.
(11)
A key map with North arrow showing the subdivision and its relation to surrounding areas, at a scale of not less than one inch equals 2,000 feet.
(12)
Zoning district(s).
(13)
The name, address, signature and phone number of the owner, applicant and person preparing the plat.
C.
Preliminary subdivision plat. Plats shall include the following:
(1)
Clearly and legibly drawn plats, and based on an actual survey certified by a land surveyor licensed in New Jersey.
(2)
Graphic scale not less than one inch equals 30 feet.
(3)
Sheet sizes no larger than twenty-four by thirty-six (24 x 36) inches. If more than one sheet is required to show the entire subdivision, a composite map no larger than twenty-four by thirty-six (24 x 36) inches shall show the entire subdivision and identify the sheet on which each section is shown.
(4)
A key map with North arrow showing the entire subdivision in relation to surrounding areas, including the names of principal roads and at a scale of not less than one inch equals 2,000 feet.
(5)
A title block with the name of the subdivision; the name of the municipality; Tax Map sheet, block and lot number; date of preparation and most recent revision; North arrow; the names, addresses, phone numbers and signatures of the owner, applicant and person(s) who prepared the plat(s), including the seal of the latter; and space for the application number.
(6)
The names of all property owners within 200 feet of the development.
(7)
Tract acreage to the nearest one-hundredth (0.01) of an acre; the number of new lots; each lot line dimension to the nearest foot; and each lot area to the nearest square foot.
(8)
Existing and proposed contours at two-foot intervals. All elevations shall be related to a bench mark noted on the plan and wherever possible be based on United States Geological Survey mean sea level datum.
(9)
The location of existing natural features, including soil types, slopes exceeding 10%, wooded areas and the location of individual trees outside wooded areas having a diameter of six inches or more measured five feet above ground level. Soil types shall be based on United States Soil Conservation Service data.
(10)
Existing and proposed streams, lakes, ponds and marsh areas accompanied by the following maps and drawings.
(a)
When altering or filling a stream, approval of the New Jersey Division of Water Resources.
(b)
Cross-sections and profiles of watercourses showing the flood hazard area, top of bank, normal water level and bottom elevations at the following locations:
(c)
The total upstream acreage in the drainage basin of any watercourse running through or adjacent to a development, including a watershed map developed from United States Geological Survey sheets.
(d)
All flood hazard areas.
(e)
All existing or proposed drainage and conservation easements.
(f)
The location, extent and water level of all ponds within the development and no farther than 200 feet from the development.
(g)
Plans and computations for storm drainage systems, including the following:
[1]
Existing or proposed storm sewer system showing size, profile and slope of the lines, direction of flow and the location of each catch basin, inlet, manhole, culvert and headwall.
[2]
The location and extent of any proposed dry wells, groundwater recharge basins, detention basins, flood control devices, sedimentation basins or other water conservation devices.
(11)
Plans, cross-sections, center-line profiles, tentative grades and details of proposed and existing utilities and street rights-of-way, including the type and width of street pavement, curbs, sidewalks, bike routes, shade trees and all utilities. At intersections, the sight triangles, radii of curblines, crosswalks, curb ramps and street sign locations shall be shown. Final street naming may be deferred.
(12)
The names, locations, widths and purpose(s) of existing and proposed easements and other rights-of-way in the development and within 200 feet. The text of any deed restriction in the development shall be included.
(13)
The location and description of existing and proposed monuments.
(14)
All lot lines that will remain, those proposed and those to be eliminated; all setback lines with dimensions. Any lot(s) to be dedicated to public use shall be identified. Each block and lot shall be numbered as assigned by the Tax Assessor.
(15)
All existing structures to remain shall be shown with their proposed use; front, rear and side yard setbacks; and structures of historic significance shall be identified.
(16)
Utility plans showing feasible connections to existing utility systems. If service will be provided by an existing utility company, a letter from that company shall be submitted stating that service will be available before occupancy of any proposed structures.
(17)
Zoning district(s).
D.
Final subdivision plat. Plats shall include the following:
(1)
Clearly and legibly drawn plats, based on an actual survey certified by a land surveyor licensed in New Jersey, and prepared in compliance with the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.
(2)
Graphic scale not less than one inch equals 30 feet.
(3)
Sheet sizes no larger than twenty-four by thirty-six (24 x 36) inches. If more than one sheet is required to show the entire subdivision, a composite map no larger than twenty-four by thirty-six (24 x 36) inches shall show the entire subdivision and identify the sheet on which each section is shown.
(4)
The following data, except the plat to be filed with the County Recording Officer, need only contain the data required for filing with the county. All other data may be submitted on separate sheets:
(a)
Signature blocks for the approving authority, Township Engineer and other endorsements required by law.
(b)
The municipal boundary line if within 200 feet of the tract being subdivided; street names; all lot and easement lines and the location of all monuments with accurate dimensions, bearing or deflection angles and radii, arcs and chord bearings, with the lengths of all curves, all based on an actual survey by a land surveyor licensed to practice in the State of New Jersey; minimum building setback lines; and the area of each lot to the nearest square foot. All dimensions, both linear and angular, of the exterior tract boundaries shall be based on and calculated from surveyed traversing which shall have an apparent error of field closure of one to ten thousand (1:10,000) or better and shall be corrected by accepted balancing methods to final errorless closure.
(c)
The block and lot numbers as approved by the Tax Assessor and all street numbers as specified by the approving authority.
(d)
The title of the plat, the name of municipality, the date of the survey, the date(s) of the original plat and all revisions and the application number.
(5)
The final plat shall be accompanied by the following:
§ 271-32 Plat design standards for site plans.
A.
Plat conformity and waivers. All applications shall be submitted in plat form drawn by a licensed engineer or registered architect authorized to practice in the State of New Jersey, bearing the signature, seal, license or registration number and address of the professional preparing the plat, except plats submitted under the "Informal Discussion" provisions and plats of minor site plans are exempt from this requirement.
B.
Minor site plan for final approval. Site plans shall include the following:
(1)
Clearly and legibly drawn plans at a scale no smaller than one inch equals 30 feet.
(2)
Lot area and lot dimensions.
(3)
The approximate location of existing buildings, paved areas and setbacks of existing buildings from front, side and rear lot lines.
(4)
North arrow, a key map at a scale of one inch equals 2,000 feet and the zoning district(s) in which the lot is located.
(5)
Proposed buildings, building additions and facade changes.
(6)
Existing and proposed parking areas, showing parking spaces and access drives; loading areas; on-site vehicular circulation; sight triangles; fire lanes; approximate on-site or on-tract stormwater facilities; and water and sewer service.
C.
Preliminary site plan plat. Site plans shall include the following:
(1)
Clearly and legibly drawn at a scale no smaller than one inch equals 30 feet.
(2)
Lot lines certified by a New Jersey licensed land surveyor.
(3)
Sheet size no larger than twenty-four by thirty-six (24 x 36) inches. If one sheet is not sufficient to show the entire plan, a composite shall show the entire development with reference to each sheet.
(4)
North arrow.
(5)
Zone district(s).
(6)
The date of the original drawing and each amendment.
(7)
Existing and proposed streets and street names.
(8)
Existing and proposed contours at two-foot intervals within the tract and extending 100 feet beyond any building, paved area or graded area under review.
(9)
The title of the plan.
(10)
Streams.
(11)
Total lot area, lot coverage, building coverage and gross floor area to the nearest square foot and as a percent of the site; existing and proposed setbacks from the street line and all other property lines. All of these characteristics of the submission are to be specifically related to the requirements of this chapter in a table to be shown on the plat.
(12)
Total parking spaces provided, total parking spaces required under the terms of this chapter, the location of parking spaces and access drives, total loading spaces provided, total loading spaces required under the terms of this chapter and the location of loading spaces and access drives.
(13)
A key map giving the general location of the site within the Township and a separate map showing the site in relation to the remaining lands of the owner.
D.
Site plan information for preliminary and final approval. In addition to the information called for in Subsection C above, each site plan shall be designed to comply with Articles III, IV and V of this chapter.
(1)
Building and use plan. The plan shall show the size, height, location, arrangement, architectural treatment and use of all proposed buildings, structures and signs, including the architect's scaled elevations of the front, side and rear of any structure and sign; existing structures shall be identified either to remain or to be removed; a written description of the proposed use(s) of nonresidential buildings shall be provided, including the number of employees, the proposed number of shifts to be worked and the maximum number of employees on each shift; and anticipated expansion plans incorporated in the building design. Floor plans shall be submitted. In apartment and townhouse projects, the number of dwelling units, by type, shall be shown.
(2)
Circulation plan. This plan shall show access streets by name, acceleration/deceleration lanes, curbs, access points to public streets, sight triangles, traffic channelization, easements, fire lanes, driveways, parking and loading spaces, pedestrian walks, bikeways and related facilities for the movement and storage of goods, vehicles and persons. Sidewalks shall be shown along expected paths of pedestrian travel between major points of interest. Any expansion plans shall show feasible parking and loading expansion. Anticipated truck and tractor-trailer traffic shall be described.
(3)
Natural resources and landscaping plan. This plan shall show existing and proposed wooded areas, buffer areas including the intended screening devices, berms, seeded and/or sodded areas, ground cover, retaining walls, fencing, signs, street furniture, recreation areas, shrubbery, trees and other landscaping features. It shall show the location and type of man-made improvements and the location number, species and caliper of plant material and trees to be located on the tract. All areas not covered by buildings or paved surfaces shall be landscaped utilizing combinations such as landscaped fencing, shrubbery, lawn area, ground cover, rock formations, contours, existing foliage and the planting of coniferous and/or deciduous trees in order to maintain or reestablish the tone of the vegetation in the area and to lessen the visual impact of the structures and paved areas. The established grades and landscaping on any site shall be planned for aesthetic drainage and erosion control purposes. The grading plan, drainage facilities and landscaping shall be coordinated to prevent erosion as well as to assure that the capacity of the drainage system is sufficient to handle water from the site and contributing upstream areas.
(4)
Facilities plan. This plan shall show the existing and proposed locations of all drainage and stormwater runoff facilities; open space; common property; fire, gas, electric, telephone, sewerage and waterline locations; lighting; and solid waste collection and disposal methods. Proposed grades, sizes, capacities and materials to be used for facilities installed by the developer shall be shown for the appropriate facilities. Installations by utility companies need only show their locations on the plat. All easements shall be shown and copies of legal documentation that support the granting of an easement by the owner of an off-tract lot shall be included. All proposed lighting shall include the direction, angle and height of each source of light. All utilities shall be installed underground. All required state and federal approvals for environmental considerations shall be submitted prior to preliminary approval or be a condition of approval. The method of sewage treatment shall be shown. All public services shall be connected to an approved public utilities system where one exists.
E.
Final site plan plat. The final plat shall follow preliminary site plan requirements, but include all changes required as a condition of preliminary approval.
§ 271-32.1 Performance and other guaranties.
[Added 5-15-2018 by Ord. No. 2907-18]
A.
Establishment of performance guaranty requirement.
(1)
There be and is hereby established, within the Township of Maplewood ("Township"), a requirement that before the filing of a final subdivision plat or recording of a minor subdivision deed or condition of final site plan approval or as a condition to the issuance of a zoning permit, pursuant to the provisions of N.J.S.A. 40:55D-65, a developer, as defined in N.J.S.A. 40:55D-4, shall furnish a performance guaranty in favor of the Township in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval, 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 Municipal Engineer, according to the method of calculation set forth in N.J.S.A. 40:55D-53.4, for the following improvements, as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, streetlighting, street trees, surveyors monuments, as shown on the final map and required by the Map Filing Law, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements.
(2)
The Municipal Engineer shall prepare an itemized cost estimate of the improvements to be covered by the performance guaranty, which itemized cost shall be appended to each performance guaranty posted by the obligor.
(3)
Additionally, the Township may also require a performance guaranty to include, within an approved phase or section of a development, privately owned perimeter buffer landscaping, as required by local ordinance or imposed as a condition of approval. At the developer's option, a separate performance guaranty may be posted for the privately owned, perimeter buffer landscaping.
B.
Safety and stabilization guaranty.
(1)
A developer shall furnish to the Township a "safety and stabilization guaranty" in favor of the Township. At the developer's option, a safety and stabilization guaranty may be furnished either as a separate guaranty or as a line item of the performance guaranty. A safety and stabilization guaranty shall be available to the Township 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 circumstances that:
(a)
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
(b)
Work has not recommenced within 30 days following the provision of written notice by the Township to the developer of the Township's intent to claim payment under the guaranty. The amount of a safety and stabilization guaranty for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000.
(2)
The amount of a safety and stabilization guaranty 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: $5,000 for the first $100,000 of bonded improvement costs, plus 2 1/2% of bonded improvement costs in excess of $100,000 up to $1,000,000, plus 1% of bonded improvement costs in excess of $1,000,000.
(3)
The Township shall release the separate safety and stabilization guaranty to a developer upon developer's furnishing of a performance guaranty which includes the line item for "safety and stabilization" in the amount required under this subsection.
(4)
The Township shall release the safety and stabilization guaranty upon the Township Engineer's determination that the development of the project site has reached the point that the improvements installed are adequate to avoid any potential threat to public safety.
C.
Maintenance guaranty.
(1)
The developer shall post with the Township prior to the release of a performance guaranty required a maintenance guaranty in an amount not to exceed 15% of the cost of the installation of the improvements which are being released. The developer shall post with the Township, upon the inspection and issuance of final approval of the following private site improvements by the Township Engineer, a maintenance guaranty in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, inflow and water quality structures within the basins, and the out-flow pipes and structure of the stormwater management system, if any, in accordance to the method of calculation set forth in N.J.S.A. 40:55D-53.4.
(2)
The term of the maintenance guaranty shall be for a period not to exceed two years and shall automatically expire at the end of the established term.
D.
Temporary certificate of occupancy guaranty. In the event 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 to the Township a separate guaranty referred to herein as a "temporary certificate of occupancy guaranty" in favor of the Township 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 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 guaranty. Upon posting of a temporary certificate of occupancy guaranty, all sums remaining under the performance guaranty, required pursuant to this section, 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 guaranty shall be determined by the Township Construction Official. The temporary certificate of occupancy guaranty shall be released upon the issuance of a permanent certificate of occupancy with regard to the development unit, lot, building or phase as to which temporary certificate of occupancy relates.