Maywood City Zoning Code
PART 3
Site Plan Review
§ 209-42 Title.
This Part 3 shall be known and may be cited as the "Site Plan Review Ordinance of the Borough of Maywood," hereinafter referred to as "this Part 3."
§ 209-43 Intent.
The provisions contained in this Part 3 are designed to provide a comprehensive review and guide so as:
A.
To ensure that any development or redevelopment is accomplished with the criteria, standards and requirements of this Part 3 as well as other ordinances and laws affecting the subject matter.
B.
To regulate the site design of land development and define the role of the public and private interests by setting forth the standards to be enforced.
C.
To protect and enhance existing natural features, to protect features of historical significance, to improve the natural and man-made environment and to protect areas from flooding and erosion.
D.
To supplement existing land use controls and to implement effective, comprehensive planning of the municipality in order to adequately regulate the total impact upon the community of specific site developments.
E.
To assure the harmonious development of uses within the Borough of Maywood that may have a substantial impact upon the character of the municipality, the quality of the environment, the distribution and cost of municipal services, traffic, utilities, appearance and property values within the municipality.
F.
To effect comprehensive planning and to promote the public health, safety and general welfare by regulating site design of land development pursuant to N.J.S.A. 40:55D-37 et seq.
§ 209-44 Definitions.
As used in this Part 3, the following terms shall have the meanings indicated:
The land required for the installation of stormwater sewers or drainage ditches or required for drainage purposes along a natural stream or watercourse or other body of water.
A development plan which requires site plan approval but which:
Does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42.
Does not involve the construction, reconstruction, enlargement or substantial structural change to any building.
Does not involve a change of use or a lawful nonconforming use.
Does not involve problems of either flooding, erosion, drainage or traffic safety with respect to ingress and egress to the lot or from the lot.
Does not involve a variance from any provision of the Zoning Ordinance.[1]
Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be developed to commence and maintain proceedings to develop the same under this Part 3.
The Planning Board.
[Amended 2-13-1996 by Ord. No. 1-96]
§ 209-45 Applicability.
A.
Except as otherwise provided herein, no building in the Borough of Maywood shall be erected or moved or externally altered or added to or enlarged or reconstructed unless and until site plan approval has been obtained by resolution of the reviewing board.
B.
Except as otherwise provided herein, no parking areas, parking aisles, grades, slopes, manholes, traffic control signs on the lot, egress or ingress roads, required planting areas, required buffer areas, sidewalks, drainage facilities, fencing, lighting, utility facilities, curbing, acceleration and deceleration lanes, etc., on any lot or lots shall be constructed, altered or extended without first obtaining site plan approval by resolution of the reviewing board.
C.
No use of any lot or building in the Borough of Maywood shall be changed so as to use any lot or building for a use different from the use proposed and approved previously or approved on any previous site plan application to the reviewing board without obtaining new site plan approval by resolution of the reviewing board.
D.
Except as otherwise provided herein, site plan review and approval shall be required before any excavation, removal of soil, clearing of a site or placing of any fill on lands contemplated for development.
E.
Except as otherwise provided herein, no building permit shall be issued for any building or use or reduction or enlargement in size or other alteration of any building or change in use of any building, including accessory structures, unless a site plan is first submitted and approved by the reviewing board, and no certificate of occupancy shall be given unless all construction and development conform to the plans as approved by the reviewing board.
F.
Site plan approval shall not be required for any detached one-or two-dwelling-unit buildings or any uses accessory thereto, such as a private garage or storage shed incidental to residential uses, except as noted under Subsection G hereof, but this shall not limit the requirements for submission and approval of subdivision plats as otherwise required by municipal ordinances.
H.
Exemptions.
[Added 7-29-1997 by Ord. No. 15-97[2]]
(1)
Notwithstanding any other provision of this Part 3, site plan approval shall not be required for any acquisition or sale of land by the Borough of Maywood or for any development undertaken by the Borough of Maywood on lands owned, leased or to be owned or leased by the Borough of Maywood, provided that such acquisition, sale or development is authorized by resolution or ordinance adopted by the Mayor or Council.
(2)
Except as otherwise provided, the Mayor and Council may refer any proposal for acquisition, sale or development to the municipal agency for its review, comments and recommendations prior to effecting such acquisition or sale or commencing construction of such development. This referral may be waived at the discretion of the Mayor and Council. Upon such referral, the municipal agency shall review and evaluate the same and apply the same criteria thereto as if such acquisition, sale or development did, in fact, require site plan approval. Such review however, shall be advisory only, and under no circumstances shall the approval of the municipal agency be required.
[2]
Editor's Note: Resolution No. 91B-97, adopted 7-29-1997, set forth supporting reasons for the adoption of Ord. No. 15-97.
§ 209-46 Sketch site plan review.
A.
Applicants for preliminary site plan approval shall be encouraged to submit for review by the reviewing board plans for informal discussions and recommendations. Said sketch site plan shall be used as a basis for changes and redesign to avoid undue expense and delay in preparing more detailed plans and specifications. The reviewing board shall not be governed by any statutory time limits in its review of sketch site plans, and it is expressly understood that compliance with the reviewing board's recommendations shall not bind the reviewing board in subsequent deliberations.
B.
Neither the reviewing board nor the developer shall be bound by any discussions or statements made during such informal review, provided that the right of the developer at any time to submit a complete application for site plan approval shall not be limited by his submission of a sketch plat, and the time for the reviewing board's decision shall not begin to run until the submission of a complete and formal application.
§ 209-47 Submission procedures; preliminary review and approval.
A.
The applicant shall submit 18 copies of the site plan as required in the minimum site plan design standards,[1] together with such application forms and fees[2] as well as five copies of any additional engineering documents as required by the board, no less than 15 days prior to the next scheduled meeting of the municipal agency.
B.
The applicant shall submit a copy of the application and site plan to the Bergen County Planning Board for its review, as required.
C.
Copies of the site plan shall be forwarded by the Construction Official, prior to the meeting of the municipal agency, to the following agencies for review and report and, where required, approval as follows:
D.
The municipal agency or, if established, the Site Plan Review Committee thereof shall review the submission for completeness and accept or reject the submission as a complete application for final approval within 45 days of such submission. If the application is incomplete, the application shall be returned to the applicant, together with a written statement of the deficiencies which caused its rejection. If the submission is accepted as complete, the application shall be notified as to the date when said application will be considered by the municipal agency and a public hearing held thereon.
E.
The municipal agency shall, following public hearing, if the proposed development complies with this Part 3 and N.J.S.A. 40:55D-37, grant preliminary site plan approval.
F.
If the municipal agency requires any substantial amendment in the layout of improvements proposed by the developer that have been a 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.
G.
Upon the submission of a complete application for a site plan of 10 acres of land or less or 10 dwelling units or less, the municipal agency 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. Upon the submission of a complete application for a site plan which involves more than 10 acres or more than 10 dwelling units, the municipal agency shall grant or deny the preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer.
H.
Whenever review or approval of the application by the County Planning Board is required by Section 8 of P.L. 1968, c. 285, N.J.S.A. 40:27-6.6, the municipal agency shall condition its approval upon the subsequent approval of the County Planning Board.
§ 209-48 Effect of preliminary approval.
Preliminary approval of a site plan shall confer upon the applicant for a three-year period from the date of the preliminary approval the rights set forth in N.J.S.A. 40:55D-49, except as otherwise provided in Subsection d thereof.
§ 209-49 Final approval.
A.
The municipal agency shall grant final approval in accordance with the provisions of N.J.S.A. 40:55D-50.
B.
The municipal agency shall, within the applicable time period set forth in this Part 3 and after public meeting, approve the application for final site plan approval, with or without conditions, provided that the following requirements are met:
(1)
Detailed drawings and specifications meet all applicable codes and ordinances.
(2)
The final plans are substantially the same as the approved preliminary site plans.
(3)
All improvements have been installed or bonds posted to insure the installation of improvements.
(4)
The applicant agrees, in writing, to all conditions of final approval.
(5)
Proof has been submitted that all taxes and assessments for local improvements on the property have been paid.
§ 209-50 On-tract improvements; performance guaranty.
[Amended 4-25-2001 by Ord. No. 13-01]
A.
As a condition of final site plan approval or as a condition to the granting of a development approval pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall have installed all improvements required by the Planning Board, except that the Borough Council may require and shall accept in accordance with the standards adopted herein for the purpose of assuring the installation and maintenance of on-tract improvements, the following:
(1)
The furnishing of a performance guaranty in favor of the Borough in an amount not to exceed 120% of the cost of 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 (N.J.S.A. 40:55D-53.4), for improvements that the Board may deem necessary or appropriate including: streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping. The Borough Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guaranty, which itemized cost estimate shall be appended to each performance guaranty posted by the obligor.
(2)
A maximum of 10% of the total guaranty required shall be in cash. All of the improvements shall be subject to inspection and approval by the Borough Engineer, who shall be notified by the developer at least 48 hours prior to the start of the construction. No underground installations shall be covered until inspected and approved.
B.
The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the Borough Council by resolution. As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of installation as determined as of the time of the passage of the resolution. The cost shall be determined by the Borough Engineer according to the method of calculations set forth in N.J.S.A. 40:55D-53.4.
C.
If the required improvements are not completed or corrected in accordance with the performance guaranty, 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.
D.
Request for list from Borough Engineer.
(1)
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the Borough Council, in writing, by certified mail, that the Borough Engineer prepare, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guaranty pursuant to Subsection A of this section, a list of all uncompleted or unsatisfactorily completed improvements. A copy of the request shall be sent to the Borough Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon, the Borough Engineer shall inspect all improvements covered by the request and shall file a written list and report with the Borough Council, with a copy to the obligor, not later than 45 days after the receipt of the obligor's request.
(2)
The list prepared by the Borough Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory, or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report shall also identify each improvement determined to be complete and satisfactory, together with a recommendation as to the amount of reduction to be made in the performance guaranty relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guaranty pursuant to Subsection A of this section.
E.
Reduction of performance guaranty.
(1)
The Borough Council, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Borough Engineer or reject any or all of these improvements and shall approve and authorize the amount of reduction to be made in the performance guaranty relating to the improvements accepted in accordance with the itemized cost estimate prepared by the Borough Engineer. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Borough Engineer. Upon adoption of the resolution by the Borough Council, the obligor shall be released from all liability pursuant to its performance guaranty with respect to those approved improvements, except for that portion adequately sufficient to secure completion of correction of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all acceptability of all improvements.
(2)
For the purpose of releasing the obligor from liability pursuant to its performance guaranty, the amount of the performance guaranty attributable to each approved 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 guaranty pursuant to Subsection A of this section, including any contingency factor applied to the cost of installation. If the sum of the approved improvements would exceed 70% of the total amount of the performance guaranty, then the Borough may retain 30% of the amount of the total performance guaranty to ensure completion and acceptability of all improvements as provided above.
(3)
If the obligor has made a cash deposit with the Borough as part of the performance guaranty, then any partial reduction granted in the performance guaranty 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 guaranty.
F.
If any portion of the required improvements is rejected, the Borough 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.
G.
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination or lack of a determination of the Borough Council or the Borough Engineer.
H.
The obligor shall reimburse the Borough for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements, provided that the Borough may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55SD-53.4). For those developments for which the inspection fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the inspection. 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 deposit the remaining 50% of the inspection fees. For those developments for which the inspection 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 inspection fees. The Borough Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
I.
If final approval is by stages or sections of a development pursuant to Subsection A of Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.
J.
To the extent that any of the improvements have been dedicated to the Borough on a subdivision plat or site plan, the Borough Council shall be deemed, upon the release of any performance guaranty required pursuant to Subsection A of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Borough Engineer.
§ 209-51 Maintenance guaranties.
[Added 4-25-2001 by Ord. No. 13-01[1]]
Before the acceptance of any on-tract improvements, the applicant shall post a maintenance guaranty with the Mayor and Council for a period not to exceed two years after final acceptance of the improvement in an amount not to exceed 15% of the cost of the improvement, 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 (N.J.S.A. 40:55D-53.4). If other governmental agencies or public utilities automatically will own the utilities to be installed, or if the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Borough for such utilities or improvements.
[1]
Editor's Note: This ordinance also superseded former § 209-51, Installation of improvements.
§ 209-52 Effect of final approval.
A.
The zoning requirements applicable to preliminary approval first granted and all other rights conferred upon the developer pursuant to § 209-48, 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 major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in the Land Subdivision Ordinance of the Borough of Maywood.[1] If the developer has followed the standards prescribed for final site plan approval and has secured a building permit to commence construction and, in the case of a subdivision, has duly recorded the plat as required in the Land Subdivision Ordinance, 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 Part 3, the granting of final site plan approval terminates the time period of preliminary site plan approval pursuant to § 209-48 for the section granted final approval.
B.
In case of a planned unit development, planned unit residential development residential cluster of 50 acres or a conventional site plan for 150 acres or more, the reviewing board may extend the rights granted under final approval for such period of time longer than two 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 final approval, the economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final site plan approval for such additional period of time as shall be determined by the Planning Board 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, the economic conditions and the comprehensiveness of the development.
§ 209-53 Conditions upon final approval.
The reviewing board may, as a condition of final site plan approval:
A.
Grant final site plan approval only for designated geographic sections of the development.
B.
Grant final site plan approval for certain work, but require resubmission for final site plan approval for designated elements, such as but not limited to landscaping, signs, street furniture, etc., and require final approval of these elements as a prerequisite for a certificate of occupancy or a zoning permit.
C.
Condition the granting of a certificate of occupancy or a zoning permit.
D.
Condition the granting of a certificate of occupancy or a zoning permit subject to the applicant or developer or subsequent heirs or assignees meeting certain requirements within a designated period of time, not to exceed one year, from the date of issuance of the certificate of occupancy or zoning permit. This may include but is not limited to the installation of landscaping, erection of signs, installation of improvements, reevaluation of circulation patterns, etc.
§ 209-54 Contents of site plan.
A.
Any site plan presented to the reviewing board shall be drawn on a scale not smaller than one inch equals 30 feet and not larger than one inch equals 10 feet and shall include and show the following information with respect to the subject lot or lots:
(2)
The date, reference meridian (North arrow) and graphic scale.
(3)
A key map not smaller than one inch equals 300 feet.
(4)
The entire tract shown.
(5)
The name of the owner and the name of the applicant and interest in the property.
(6)
The names and addresses of adjoining owners.
(7)
The name of the licensed professional engineer, surveyor, architect or planner who prepared plans. The seal of the professional shall be added as required by the State of New Jersey.
(8)
The zone and zone boundaries, if applicable.
(9)
The Tax Map identification, sheet number, lot and block numbers.
(10)
The boundaries and dimensions of the property.
(11)
The location of existing buildings and structures, including fences and retaining walls on the subject premises and within 200 feet of all boundary lines, including all existing driveway openings.
(12)
The locations and profiles of all watercourses and drainage facilities within 200 feet of the proposed limits of the development.
(13)
The existing topography and proposed grading at five-foot contour intervals, floor elevation of all buildings and proposed finished grade elevations at the corners of any structure; the existing and proposed spot elevations based upon the United States Coastal Geodetic Datum at all building corners, all floor levels, center lines of abutting roads, top and bottom curbs, property corners, gutters and other pertinent locations.
(14)
The location, name and width of right-of-way, pavements, curbs and sidewalks of all abutting streets.
(15)
The location, size and slope of existing and proposed sanitary sewers.
(16)
The location of wooded areas, plus the location of single trees not in wooded area with a diameter of six inches or more, as measured three feet above the base of the trunk.
(17)
The location, including setbacks from property lines, and use of all proposed buildings and structures and the existing structures to remain.
(18)
The location and screening to be provided for solid waste disposal containers.
(19)
The land coverage by buildings, in square feet and percent of total site.
(20)
The size and location of existing and proposed driveways and curb cuts.
(21)
The location and scaled design of any off-street parking areas, including size, location and number of parking bays, size and location of aisles, planting areas and directional traffic flow.
(22)
The total and breakdown of usable floor space in square feet.
(23)
The location of water mains and hydrants.
(24)
The location, type and direction of illumination and time of proposed outdoor lighting, including all lighting standards and utility poles on abutting streets. Catalog cuts should accompany the plat. Lumen power and shielding angle shall be shown.
(25)
The proposed fencing, screening, retaining walls and landscaping, including a planting plan; and premises presently screened by fencing.
(26)
Existing and proposed drainage, including inlets and sizes and slopes of the storm sewer and retention/detention detention system, with calculations.
(27)
Sign locations and the size and type of each.
(28)
Existing and proposed surface paving, showing grades and type.
(29)
Approval of the Soil Conservation District if the project results in a disturbance of more than 5,000 square feet of the surface area of land for the accommodation of construction for which the Uniform Building Code of the State of New Jersey would require a building permit, except that the construction of a single-family dwelling unit shall not be deemed a "project" under the Soil Erosion and Sediment Control Act[2] unless such unit is part of a proposed site plan, special exception, zoning variance, planned unit development or building permit application involving two or more such single-family dwelling units.
[2]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
(30)
Permits from the Department of Environmental Protection, Division of Water Resources, if applicable.
(31)
A permit from the Department of Transportation, if applicable.
(32)
The filing fee.
(33)
An appropriate place for the signatures of the Chairman and Secretary of the reviewing board and the Borough Engineer.
(34)
The location, size and nature of all existing and proposed rights-of-way, easements and all other encumbrances.
§ 209-55 Environmental impact statement.
An environmental impact statement shall be submitted in connection with any application for site plan approval, other than minor site plan approval, in conformance with the guidelines set forth in Schedule S-1 annexed hereto.[1]
[1]
Editor's Note: Schedule S-1 is included at the end of this chapter.
§ 209-56 Waiver of required information.
The municipal agency or Site Plan Committee thereof may waive submission of any required exhibits in appropriate cases and for specific site plans.
§ 209-57 Provisions included in site plan.
A.
Each site plan shall provide for the following:
(1)
Consistency of the development with the Borough Zoning Ordinance[1] except in those cases where application is being made to the Planning Board for a variance from the terms and provisions of said Zoning Ordinance.
[Amended 2-13-1996 by Ord. No. 1-96]
(2)
Safe and efficient vehicular and pedestrian circulation, parking and loading, including widening of public roads and the provision of acceleration and deceleration lanes where necessary.
(3)
Appropriate locations of structures and adequate screening and landscaping.
(4)
Exterior lighting for safety reasons, in addition to adequate streetlighting. Adequate lighting for parking areas and appurtenant parking areas and driveways as specified in the municipal agency's minimum site plan design standards.
(5)
Adequate water supply, drainage, sewage facilities and other utilities necessary for essential service to residents and occupants.
(6)
Any area reserved for public use shall be of suitable size, shape and location to serve its intended purpose.
(7)
Adequate protection and conservation of soils through an erosion and sedimentation control plan.
(8)
Compliance with standards for grading; improvement and construction of streets or driveways, walkways, curbs and gutters; streetlights and other outdoor lighting; shade trees; screening; fire hydrants and water; drainage; fencing and sewage facilities; and other improvements in accordance with minimum site plan design standards adopted by the municipal agency with the concurrence of the Borough Engineer, copies of which shall be on file in the office of the Borough Clerk. Such improvements shall be installed by the developer and shall be subject to performance guaranty requirements where not completed before issuance of a building permit and certificate of occupancy and to maintenance guaranty requirements. Where certain utilities to be installed are under other governmental authority or jurisdictions, they shall be adhered to by the developer. A letter approving the proposed installations by the Borough Engineer and a statement by the applicant as to who will carry out the construction will be required.
B.
Notwithstanding the provisions hereinabove set forth, there is herein incorporated by reference the New Jersey residential site plan improvement standards, appearing as N.J.A.C. 5:21-1.1 et seq., together with any amendments thereto, which shall govern any site improvements carried out or intended to be carried out or required to be carried out in connection with any application for residential subdivision, site plan approval or variance before any municipal agency created pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) or in connection with any other residential development approval required or issued by the Borough of Maywood; provided, however, that such regulations shall not supersede any provision of the Zoning Ordinance of the Borough of Maywood (Part 2 of Chapter 209 of the Code of the Borough of Maywood).
[Added 6-24-1997 by Ord. No. 9-97]
§ 209-58 Contributions for off-tract improvements.
A.
The approving authority shall require, as a condition of final site plan approval, that the developer pay its pro rata share of the cost of providing only reasonable and necessary street improvements and water, sewerage and drainage facilities and easements therefor located off-tract but necessitated or required by construction or improvements within such development. The developer shall either install the improvements or contribute his pro rata share of the costs, at the option of the developer.
[Amended 4-25-2001 by Ord. No. 13-01]
B.
The developer shall pay the full cost of all off-tract improvements required by the approving authority if such off-tract improvements are wholly necessitated by the proposed development and said improvements do not benefit any land other than the land within the site plan.
C.
The developer shall provide for payment of its pro rata share, allocated in conformance with the standards set out in Subsection E(1)(a), (b), (c) and (d) hereof, of all off-tract improvements required by the approving authority if such improvements are wholly or partially necessitated by the proposed development and said improvements benefit lands other than those within the site plan.
D.
Methods of implementation.
(1)
Performance and maintenance guaranties. Where a performance or maintenance guaranty or other surety is required in connection with an off-tract improvement, the applicant shall be required to follow the same procedures and requirements as specified in this Part 3 for other improvements.
(2)
Cash contributions.
(a)
Cash contributions for off-tract improvements shall not be required under the following conditions:
[1]
Where a county or state agency has jurisdiction over the subject improvement and required a cash contribution, guaranty or other surety of the applicant;
[2]
Where a special assessment is imposed upon the applicant for the off-tract improvement provided; or
[3]
Where the applicant, where legally permissible, chooses to undertake the improvements in lieu of the municipality.
(3)
Any money received by the Treasurer of the Borough of Maywood for off-tract improvements to be constructed or installed by the Borough of Maywood pursuant to the provisions of this section shall be deposited in a suitable depository therefor and shall be used only for the improvements for which they are deposited or improvements satisfying the same purpose. If construction of improvements for which the Borough of Maywood is responsible has not commenced within five years from the date of deposit, the amount deposited, together with any interest thereon, shall be returned to the developer or his successor in interest.
E.
Pro rata formula for determining applicant's share of off-tract improvements.
(1)
In determining the allocation of costs for off-tract improvements as between the developer, other property owners and the Borough, the approving authority shall be guided by the following factors:
(a)
The total estimated cost of off-tract improvements.
(b)
The increase in market values of the properties affected and any other benefits conferred.
(c)
The needs created by the application.
(d)
Population and land use projections for the land within the general area of the site plan and other areas to be served by the off-tract improvements.
(e)
The estimated time for construction of the off-tract improvements.
(f)
The condition and periods of usefulness of the improvements, which may be based upon the criteria of N.J.S.A. 40A:2-22.
(2)
Where an off-tract improvement is required, the following criteria shall be utilized in determining the proportionate share of such improvement to the applicant:
(a)
For street improvements, including street widening, alignment, corrections, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, utility improvements not covered elsewhere and the construction of new streets and other similar street or traffic improvements, the applicant's proportionate share shall be in the ratio of the estimated peak hour traffic generated by the proposed property or properties to the sum of the present deficiency in peak hour traffic capacity of the present facility and the estimated peak hour traffic generated by the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
(b)
For water distribution facilities, including the installation of new water mains, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith, the applicant's proportionate cost shall be in the ratio of the estimated daily use of water from the property or properties in gallons to the sum of the deficiency in gallons per day for the existing system or subsystem and the estimated daily use of water for the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
(c)
For sanitary sewage distribution facilities, including the installation, relocation or replacement of collector and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate cost shall be in the ratio of the estimated daily flow in gallons to the sum of the present deficient capacity for the existing system or subsystem and the estimated daily flow from the proposed project or development. In the case where the peak flow for the proposed development may occur during the peak flow period for the existing system, the ratio shall be the estimated peak flow rate from the proposed development in gallons per minute. The greater of the two ratios thus calculated shall be increased by 10% for contingencies and shall be the ratio used to determine the cost to the applicant.
(d)
For stormwater and drainage improvements, including installation, relocation or replacement of transmission lines, culverts, catch basins and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate cost shall be in the ratio of the estimated peak surface runoff as proposed to be delivered into the existing system measured in cubic feet per second deficient for the existing system and the estimated peak flow as proposed to be delivered. The ratio thus calculated shall be increased by 10% for contingencies. The applicant's engineer shall compute the drainage basin area and the area of development and the percent of the total drainage basin area occupied by the development. Where no drainage system exists which will receive the flow of surface water from the applicant's development, the applicant shall furnish all drainage rights-of-way deemed to be necessary by the municipal agency.
(3)
The approving authority shall require, as a condition of final approval of the site plan, that:
(a)
If the improvement is to be constructed by the Borough of Maywood as a general improvement, the developer shall deposit with the Treasurer of the Borough of Maywood an amount equal to the difference, if any, between the estimated cost of the improvements and the estimated total amount by which all properties, including the site plan to be serviced by the improvements, will be specially benefitted by the improvement.
(b)
If the improvement is to be constructed by the Borough of Maywood as a local improvement, the developer shall deposit with the Treasurer of the Borough of Maywood, in addition to the amount specified in Subsection E(3)(a) above, the estimated amount by which the site plan will be specially benefitted by the improvement.
(c)
All cost estimates shall be prepared by the applicant's engineer and shall be subject to review and approval by the Borough Engineer.
(d)
Upon completion of any improvement constructed by the Borough of Maywood as a general or local improvement, the total cost of such improvement shall be determined by the ordinance providing for such improvements. The difference between the actual cost as so determined and the estimated cost shall be computed. The developer or his successor in interest shall make remittance to the Borough of Maywood if the actual cost exceeds the estimated cost or shall receive refund from the funds deposited with the Borough of Maywood if the estimated cost exceeds the actual cost, in an amount which bears the same relationship to the difference between the actual and estimated costs as the amount deposited by the developer for his proportionate share of the estimated cost bears to the total estimated cost. Any sum payable by the developer or his successor in interest may be levied and collected by the Borough of Maywood in the same manner as is provided by law for the levy and collection of real estate taxes.
§ 209-59 Preliminary determination.
All applications for a minor site plan shall be referred to the Planning Board for a preliminary determination as to whether such application conforms to the definition of minor site plan.
§ 209-60 Waiver of notice and hearing requirements.
The Planning Board may waive notice and public hearing for an application for development if the Planning Board or Site Plan Subcommittee appointed by the Chairman thereof finds that the application for development conforms to the definition of minor site plan.
§ 209-61 Waiver of submission requirements.
The Planning Board may adopt rules and regulations waiving one or more of the requirements for site plan submission with respect to a minor site plan.
§ 209-62 Effect of approval.
Minor site plan approval shall be deemed to be final approval of the site plan by the Planning Board, provided that the Board or the Site Plan Committee thereof may condition such approval on terms ensuring the provisions of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41 and 40:55D-53.
§ 209-63 Time limit for determination.
Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application or within such further time as may be consented to by the applicant.
§ 209-64 Effect of county planning board review.
Whenever review or approval of the application by the County Planning Board is required by Section 8 of P.L. 1968, c. 285, N.J.S.A. 40:27-6.6, the municipal Planning Board 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.
§ 209-65 Change of terms and conditions of approval.
The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted shall not be changed for a period of two years after the date of minor site plan approval.