Mount Olive Township
City Zoning Code
City Zoning Code
ARTICLE III
General Administration; Building Construction; Permits
§ 550-6 Amendments.
All provisions of this chapter may be amended in accordance with applicable laws in effect at the time of the amendment.
§ 550-7 Appeal.
[Amended 10-5-2010 by Ord. No. 23-2010]
Any interested party may appeal to the governing body any final decision of the Planning Board approving an application for development for a use variance pursuant to N.J.S.A. 40:55D-70d. Such appeal shall be made within 10 days of the date of publication of such final decision of the Planning Board. Such appeals shall be made in accordance with the provisions of N.J.S.A. 40:55D-17. Such appeal shall be decided by the governing body only upon the record established before the Planning Board.
§ 550-8 Applications for development in Highlands Preservation Area. [1]
[Added 3-27-2012 by Ord. No. 9-2012]
A.
Applications for development in the Preservation Area. No application for development as defined in this chapter involving property located (or partially located) in the Preservation Area of the Highlands Region, for which application submission requirements apply under this section, shall be deemed complete or considered for review by the Planning Board until and unless the applicant has obtained and provided a copy of:
(1)
A consistency determination from the Highlands Council indicating that the application is consistent with the Highlands Regional Master Plan; or
(2)
A consistency determination from the Highlands Council indicating that the application is not consistent with the Highlands Regional Master Plan, accompanied by a certification, as detailed in Subsection B below, by the applicant's professional(s) that the application has been revised since review by the Highlands Council to achieve consistency with the Highlands Regional Master Plan.
B.
Findings of inconsistency. Where a Highlands Council consistency determination indicates that an application for development is inconsistent with the Highlands Regional Master Plan, no such application shall be deemed complete or considered for review by the Planning Board, until or unless the applicant has obtained from the professional(s) responsible for preparation of the applicant's plans a certification indicating that, to the best of the knowledge and abilities of such professional(s), the plans have been revised to achieve consistency with the Highlands Regional Master Plan and specifically describing the revisions made to achieve such consistency.
C.
Exclusions. The following specific improvements and related applications shall be excluded from the provisions of this section:
(1)
Any improvement to a single-family dwelling in lawful existence as of the effective date of this section, provided that such improvement:
(2)
The reconstruction, within the same footprint, of any building or other structure lawfully existing as of the effective date of this section, in the event of its destruction or partial destruction by fire, storm, natural disaster, or any other unintended circumstance.
(3)
The repair or maintenance of any building or other structure lawfully existing as of the effective date of this section. This exclusion shall not be construed to permit repairs or maintenance activities that alter the footprint of such building or structure.
(4)
The interior improvement, rehabilitation, or modification of any building or other structure lawfully existing as of the effective date of this section. This exclusion shall not be construed to permit activities that alter the footprint of such building or structure.
(5)
The attachment of signs or other ornamentation to any building or structure, to the installation of windows, doors, chimneys, vents, shafts, heating, ventilation, or air-conditioning equipment, or to any other such improvement to a building or structure, provided that it occupies a surface area footprint of not more than 50 square feet. This exclusion shall not be construed to permit ultimate disturbance or cumulative impervious surface in excess of that provided at Subsection C(1) above, for single-family dwellings.
(6)
Any improvement or alteration to a building or other structure lawfully existing as of the effective date of this section, where such improvement or alteration is necessary for compliance with the provisions of the Americans with Disabilities Act, or to otherwise provide accessibility to the disabled.
(7)
Any activity, improvement or development project located (or partially located) in the Preservation Area deemed by NJDEP to constitute a non-major Highlands development in a Highlands applicability determination issued pursuant to N.J.A.C. 7:38-2.4.
D.
Exemptions. Any activity, improvement or development project listed and demonstrated to constitute a Highlands Act exemption shall be exempt from the provisions of this section.
(1)
Demonstration of a Highlands Act exemption for an application for development involving lands located (or partially located) in the Preservation Area shall consist of a Highlands applicability determination issued by the NJDEP pursuant to N.J.A.C. 7:38-2.4.
E.
Waiver. The Planning Administrator may issue a waiver from the provisions of this section where it can be established by the applicant and can be verified by the Planning Administrator that:
(1)
The activity, improvement or development proposed by the subject application for development has not yet been formally determined to be exempt from the Highlands Act, but eligibility for an exemption has been sufficiently established by the applicant; or
(2)
The activity, improvement or development proposed in the application for development will neither encroach upon a Highlands resource or Highlands resource area, nor be of detrimental impact to any Highlands resource or Highlands resource area as these are identified and delineated in the Highlands Regional Master Plan. The applicant's professional(s) responsible for preparation of the applicant's plan shall establish compliance of the above through a formal certification specifically addressing the Highlands resources and resource areas and related policies and objectives as identified in Chapter 4 of the Highlands Regional Master Plan.
F.
Highlands Council call-up. All municipal waivers or findings of application completeness issued pursuant to this section shall be subject to Highlands Council call-up review, and the municipality shall specifically include conditions of this review consistent with this subsection. In all such cases, the municipality shall, within five calendar days of issuance, provide notice to the applicant and to the Highlands Council of any waiver or finding of application completeness made pursuant to this section. The Highlands Council call-up review period shall expire 15 calendar days following its receipt of such notice. Absent any notice to the municipality from the Highlands Council within that time frame, the application shall be considered complete, with the date of the waiver or application completeness to be as of the date of first issuance by the municipality. Upon determining to exercise this authority for call-up review, the Highlands Council shall transmit notice to the applicant and the municipality.
G. DISTURBANCE DISTURBANCE, ULTIMATE HIGHLANDS ACT HIGHLANDS APPLICABILITY DETERMINATION HIGHLANDS AREA HIGHLANDS COUNCIL HIGHLANDS PRESERVATION AREA APPROVAL (HPAA) HIGHLANDS REGION IMPERVIOUS SURFACE IMPERVIOUS SURFACES, CUMULATIVE MUNICIPAL LAND USE LAW (MLUL) NJDEP NJDEP PRESERVATION AREA RULES PLAN CONFORMANCE PRESERVATION AREA REGIONAL MASTER PLAN
Definitions. In addition to the definitions set forth in § 550-5, the following terms shall apply to the provisions of this section:
The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.
The total existing or proposed area of disturbance of a lot, parcel, or other legally designated (or otherwise legally recognized) tract or subdivision of land, for the purpose of, and in connection with, any human activity, property improvement, or development, including the surface area of all buildings and structures, all impervious surfaces, and all associated land disturbances such as excavated, filled, and graded areas, and all lawn and landscape areas. Ultimate disturbance shall not include areas of prior land disturbance which at the time of evaluation a) contain no known man-made structures (whether above or below the surface of the ground) other than such features as old stone rows or farm field fencing; and b) consist of exposed rock outcroppings or areas which, through exposure to natural processes (such as weathering, erosion, siltation, deposition, fire, flood, growth of trees or other vegetation), are no longer impervious or visually obvious, or ecologically restored areas which will henceforth be preserved as natural areas under conservation restrictions.
The Highlands Water Protection and Planning Act, P.L. 2004, c. 120, as amended, codified in part at N.J.S.A. 13:20-1 et seq.
The determination made by the NJDEP of whether a project proposed for the Preservation Area is a major Highlands development, whether any such major Highlands development is exempt from the Highlands Act, and whether the project is consistent with the applicable areawide water quality management plan.
That portion of the municipality for which the land use planning and regulation are in conformance with, or are intended or proposed to be in conformance with, the Highlands Regional Master Plan.
The New Jersey Highlands Water Protection and Planning Council.
A permit to engage in a regulated activity in the Highlands Preservation Area issued by the NJDEP pursuant to the Highlands Act and the NJDEP Highlands Water Protection and Planning Act Rules (N.J.A.C. 7:38), including an HPAA that contains a waiver pursuant to N.J.S.A. 13:20-33b. Highlands Preservation Area approval includes Highlands general permits issued pursuant to N.J.S.A. 13:20-33d and promulgated at N.J.A.C. 7:38-12. HPAA, when used in this section, includes Highlands general permits unless explicitly excluded.
All that area within the boundaries of the municipalities listed in Subsection a of Section 7 of the Highlands Act.[2]
Any structure, surface, or improvement that reduces or prevents absorption of stormwater into land, including, but not limited to, porous paving, paver blocks, gravel, crushed stone, decks, patios, elevated structures, and other similar structures, surfaces, or improvements.
The total area of all existing or proposed impervious surfaces situated or proposed to be situated within the boundary lines of a lot, parcel, or other legally recognized subdivision of land, expressed either as a measure of land area such as acreage, or square feet, or as a percentage of the total lot or parcel area.
The New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
New Jersey Department of Environmental Protection.
The regulations established by the NJDEP to implement requirements of the Highlands Act, titled "Highlands Water Protection and Planning Act Rules," and codified at N.J.A.C. 7:38-1 et seq.
The process by which a municipality revises the master plan, development regulations and other regulations related to the development and use of land to conform them with the goals, requirements, and provisions of the Regional Master Plan in accordance with the Highlands Plan Conformance Guidelines.
That portion of the Highlands Region so designated by Subsection b of Section 7 of the Highlands Act.[3]
The Highlands Regional Master Plan or any revision thereof adopted by the Highlands Council pursuant to N.J.S.A. 13:20-8.
[1]
Editor's Note: Original § 400-9, Board of Adjustment, of the 1990 Code, was repealed, and said Board dissolved, 12-8-2009 by Ord. No. 26-2009. This ordinance also stated, "Subject to an affirmative vote of the public in the November 2009 general election, such vote having been certified by the Clerk of Morris County, New Jersey, this ordinance shall take effect January 1, 2010, or as soon thereafter as such affirmative vote may be certified by the Clerk of Morris County, New Jersey." See now § 550-24, Planning Board.
§ 550-9 Building construction.
A.
Adoption of Building Code by reference. The Building Code applicable within the Township of Mount Olive shall be the State Uniform Construction Code, as periodically amended by the State of New Jersey.
B.
Fees.
[Amended 10-11-1994 by Ord. No. 17-94; 2-28-1995 by Ord. No. 3-95; 2-13-1996 by Ord. No. 2-96; 2-27-1996 by Ord. No. 6-96; 3-26-1996 by Ord. No. 12-96; 9-10-1996 by Ord. No. 28-96; 3-24-1998 by Ord. No. 6-98; 5-12-1998 by Ord. No. 8-98; 2-12-2002 by Ord. No. 1-2002; 3-13-2007 by Ord. No. 10-2007; 4-10-2007 by Ord. No. 19-2007; 8-9-2011 by Ord. No. 23-2011; 8-20-2019 by Ord. No. 16-2019; 12-6-2022 by Ord. No. 30-2022]
(1)
No permit, as required by the Building Code, shall be issued until the fee prescribed in the fee schedule shall have been paid; nor shall an amendment to a permit be approved until the additional fee, if any, due to an increase in the estimated cost of the building or structure shall have been paid.
(2)
Schedule of building permit fees.
(a)
The fee for a construction permit shall be the sum of subcode fees listed in Subsection B(2)(a)[1] through [5] hereof and shall be paid before the permit is issued:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
The building subcode fees shall be:
[a]
For new residential construction, $0.032 per cubic foot of building or structure volume, provided that the minimum fee shall be $60.
[b]
For renovations, alterations and repairs, $30 per $1,000 of estimated work, provided that the minimum fee shall be $60.
[c]
For residential additions, $0.032 per cubic foot of building or structure volume for the added portion, provided that the minimum fee shall be $60.
[d]
For combinations of renovations and additions, the sum of the fees computed separately as renovations and additions.
[e]
Agricultural pole barns shall be computed at $0.011 per cubic foot, provided that said property has qualified for farmland assessment.
[f]
Any structure other than residential shall be computed at $0.021 per cubic foot plus other permits that may be required.
[2]
The plumbing subcode fees shall be:
[a]
A minimum fee of $60, plus $15 for each fixture over three, plus:
[i]
$10 for each stack;
[ii]
$65 per special device for the following: grease traps, oil separators, refrigeration units, utility service connections, backflow preventers equipped with test ports (double check valve assembly, reduced pressure zone and pressure vacuum breaker backflow preventers), steam boilers, hot water boilers (excluding those for domestic water heating), active solar systems, sewer pumps and interceptors. There shall be no inspection fee charged for gas service entrances.
[iii]
$10 for each gas and/or oil or electric water heater; and
[iv]
$10 for each tankless water heater.
[v]
For all nonlisted items, the fee shall be $50 per item.
[3]
The electrical subcode fees shall be:
[a]
The minimum electrical fee shall be $50.
[b]
From one to 50 receptacles or fixtures, the fee shall be $50; for each 25 receptacles or fixtures in addition to this, the fee shall be $25. For the purpose of computing the fee, receptacles or fixtures shall include lighting outlets, wall switches, fluorescent fixtures, convenience receptacles, smoke and heat detectors or similar fixtures and motors or devices of less than or equal to one horsepower or one kilowatt.
[c]
For each motor or electrical device greater than one horsepower and less than or equal to 10 horsepower and for transformers and generators greater than one kilowatt and less than or equal to 10 kilowatts, the fees shall be $25.
[d]
For each motor or electrical device greater than 10 horsepower and less than or equal to 50 horsepower, for each service panel, service entrance or subpanel, less than or equal to 200 amperes; for each transformer and generator greater than 10 kilowatts and less than or equal to 45 kilowatts; and for each utility load management device, the fees shall be $65.
[e]
For each motor or electrical device greater than 50 horsepower and less than or equal to 100 horsepower; for each service panel, service entrance or subpanel greater than 200 amperes and less than or equal to 300 amperes; and for transformers and generators greater than 45 kilowatts and less than or equal to 112.5 kilowatts, the fee shall be $129.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[f]
For each motor or electrical device greater than 100 horsepower for each service panel, service entrance or subpanel greater than 300 amperes; and for each transformer or generator greater than 112.5 kilowatts, the fee shall be $640.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[g]
For the purpose of computing these fees, all motors, except those in plug-in appliances, shall be counted, including control equipment, generators, transformers and all heating, cooking or other devices consuming or generating electrical current.
[i]
Air conditioners: Apply motor schedule.
[k]
Photovoltaic systems, including micro-inverters, based on the designated kilowatt rating as follows:
[l]
For all nonlisted items, the fee shall be $25 per item, provided that the minimum fee shall be $46.
[4]
The fire subcode fees shall be:
[b]
Residential sprinkler systems shall be charged at commercial fees.
[c]
For commercial sprinkler and detectors (smoke and heat), fees for heads and detectors, the number of each shall be counted separately and two fees, one for heads and one for detectors, shall be charged:
[d]
For each standpipe: $229.
[e]
For each pre-engineered system: $100.
[h]
For other commercial gas-fired appliances: $60.
[i]
For solid-fuel-burning appliances: $65.
[j]
Chimney liner: $65.
[k]
Minimum fee: $65.
[l]
For all nonlisted items, the fee shall be $65 per item.
[5]
The mechanical subcode fees shall be:
[a]
Minimum fee: $50.
[b]
First piece of equipment, each: $65.
[c]
Additional equipment, each: $15.
[d]
For each gas- or oil-fired appliance not connected to the plumbing system: $65.
[e]
Chimney liners: $65.
[f]
No separate fee for gas, fuel oil, or water connections associated with the mechanical equipment.
[6]
The fee for plan review shall be 20% of the amount to be charged for the construction permit and shall be paid before the plans are reviewed. The amount paid for this fee shall be credited toward the amount of the fee to be charged.
[8]
The fee for a permit for the removal of a building structure from one lot to another or to a new location on the same lot shall be $15 per $1,000 of the sum of the estimated cost for moving, for new foundations and for placement in a complete condition in the new location, provided that the minimum fee shall be $80.
[9]
The fee for a permit to construct a sign shall be $2 per square foot of the surface area of the sign, provided that the minimum fee shall be $65. In the case of double-faced signs, the area of the surface of only one side of the sign shall be used for purposes of the fee computation.
[10]
The fee for a certificate of occupancy shall be a minimum of $40 or 10% of the building fee.
[11]
The fee for a certificate of occupancy pursuant to a change of use shall be $40.
[12]
The fee for a certificate of occupancy for a garden apartment shall be $40 per unit, and the fee for a townhouse shall be $40 per unit.
[13]
The New Jersey Department of Community Affairs shall be responsible for elevator plan review, inspection and testing.
[14]
The fee for an item not enumerated in this section, but included in any state subcode, shall be paid in accordance with the state fee schedule (N.J.A.C. 5:23).
(3)
Certificate of occupancy or final inspection fee. For a certificate of occupancy or final inspection, there shall be a fee of 10% of the building fee or a minimum of $40, except that in those cases where a building permit was issued without a fee, there shall be no fee charged for a certificate of occupancy or final inspection.
(4)
Certificate of continued occupancy. Upon request of the owner of an existing building or structure, a certificate of continued occupancy can be issued. The certificate of continued occupancy shall evidence only that a general inspection of the visible parts of the building has been made, and that no violations of N.J.A.C. 5:23-2.14 have been determined to have occurred and no unsafe conditions violative of N.J.A.C. 5:23-2.32(a) have been found. For a certificate of continued occupancy, there shall be a fee of $168.
(5)
Additional inspection fee. One inspection shall be made without fee at each stage of construction provided for on the building permit. For each additional inspection required to accomplish approval of any stage of construction, a fee of $5 shall be collected by the Construction Official before such additional inspections.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(6)
Waiver of fees.
(a)
No person shall be charged a construction permit surcharge fee or enforcing agency fee for any construction, reconstruction, alteration or improvement designed and undertaken solely to promote accessibility by disabled persons to an existing private residential structure or any of the facilities contained therein.
(b)
A disabled person, or a parent or sibling of a disabled person, shall not be required to pay any municipal contract or permit fee or charge in order to secure a construction permit for any construction, reconstruction, alternation or improvement which promotes accessibility to his or her own personal living unit.
(c)
"Disabled person" means a person who has a total and permanent inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, including blindness, and shall include, but not be limited to, any resident of this state who is disabled pursuant to the Federal Social Security Act (42 U.S.C. § 416) or the Federal Railroad Retirement Act of 1974 (45 U.S.C. § 231 et seq.) or is rated as having a 60% disability or higher pursuant to any federal law administered by the United States Veterans' Administration. For purposes of this section, "blindness" means central visual acuity of 20/200 or less in the better eye with the use of a corrective lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20° shall be considered as having a central visual acuity of 20/200 or less.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(d)
Notwithstanding the provisions of the State Uniform Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), or any rules, regulations or standards adopted pursuant thereto to the contrary, a person who has a service-connected disability declared by the United States Department of Veterans Affairs, or its successor, to be a total or 100% permanent disability that would entitle them to a property tax exemption under Section 1 of P.L. 1948, c. 259 (N.J.S.A. 54:4-3.30), or a spouse, parent, sibling, or guardian of the disabled veteran, shall not be charged a construction permit fee for any construction, reconstruction, alteration, or improvement designed and undertaken solely to promote accessibility by the disabled veteran to the veteran's own living unit.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Limitation of issuance of permits.
(1)
No permit shall be issued until the fee prescribed in this Code shall have been paid, nor shall any amendment to a permit be approved until the additional fee, if any, due to an increase in the estimated cost of the building or structure shall have been paid.
(2)
No permit shall be issued until the Township Department of Health and Welfare has certified that all required health permits have been granted.
(3)
No demolition permit for a residential or nonresidential structure shall be issued by the Construction Official until same has been reviewed by the Fire Chief within whose jurisdiction the structure is located and his approval or recommendations received by the Construction Official.
[Added 4-22-2008 by Ord. No. 19-2008]
G.
Security requirements.
(1)
Prior to the issuance of a certificate of occupancy involving new residential construction on lands held primarily for sale, as defined herein, the contractor shall post with the Construction Official security in the from of cash or a certified check in the amount of 5% of the value of the improvements or a bond issued by a surety company authorized to do business in the State of New Jersey in the amount of 10% of the value of the improvements for which the certificate of occupancy is to be issued. The amount of the security shall be based upon the cost of construction which shall be determined on the basis of $1 per cubic foot of construction as indicated in the application for the permit or permits to be obtained in connection therewith.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
The purpose of the security shall be to ensure that all the work done on the premises for which the certificate of occupancy is issued shall have been performed in accordance with the Building Code and other codes, resolutions and ordinances of the Township of Mount Olive, resolutions of the County of Morris and all applicable statutes and regulations of the State of New Jersey and in a good and workmanlike manner, according to law.
(3)
The beneficiary of the security shall be any person having an interest in the land and improvements thereon; and the term of the security, be it cash, certified check or bond, shall be 365 days, commencing with the date of the issuance of the certificate of occupancy.
H.
Exceptions to security coverage. The security furnished pursuant to this chapter shall not cover the following:
(1)
The continued growth of lawns or other foliage planted or existing on the premises, provided that the same were planted properly and not damaged by the contractor.
(2)
The choice or selection of building materials, provided that such materials are permitted by this Code, unless otherwise agreed to in the contract of sale or the construction contract.
(3)
Any items materially altered or improperly repaired by persons other than the contractor or his subcontractors, agents or employees.
(4)
Items such as color selection and matching; variations in wood grain and color; and minor chips, scratches or mars in such items as tile, woodwork, counter tops, bricks, lighting fixtures, appliances, plumbing fixtures, siding, walls and doors if the same are not communicated to the contractor within 30 days from the date of the issuance of the certificate of occupancy or the date of passage of title, whichever is later.
I.
Claims procedure. As a condition precedent to the security being made the subject matter of litigation, the beneficiary thereof, hereinafter referred to as the "claimant," shall comply with the following mandatory procedures which are hereby established for the filing of claims under this chapter.
(1)
Place and manner for presentation of claims. All claims being made under this chapter shall be in writing and filed with the Construction Official either personally or by registered or certified mail, return receipt requested, during regular working hours at the Municipal Building, P.O. Box 450, Budd Lake, New Jersey. A copy of the claim filed with the Construction Official shall be served by the claimant upon the contractor either personally or by registered or certified mail, return receipt requested, or upon the contractor's designated agent personally or by registered or certified mail, return receipt requested.
[Amended 10-20-2014 by Ord. No. 22-2014; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Contents of claim. The claim shall set forth the following:
(a)
The name and address of the claimant.
(b)
The name and address of the contractor against whom the claim is made.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(c)
A description of the specific conditions alleged to be in violation of this chapter.
(d)
The time or times between the hours of 9:00 a.m. and 4:30 p.m. on Monday through Friday when the claimant will be available to display to the contractor the specific conditions alleged to be in violation of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(e)
The signature of the claimant.
(3)
Time for presentation of claims; time for abatement of violations; time for filing suit; withdrawal of claim.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
All claims being made under this chapter shall be filed and served within 365 days, commencing with the date of the issuance of the certificate of occupancy. The claim shall be considered as having been made when the claim is filed with the Construction Official and a copy thereof is served upon the contractor in the manner provided herein.
(b)
Upon receipt by the contractor of a copy of the claim, the contractor shall be permitted a period of 30 days in which to inspect and abate the condition alleged to be in violation of the chapter. The claimant shall not unreasonably refuse to permit the contractor entrance to the premises for the purposes of inspection and abatement of the alleged violations.
(c)
Upon the expiration of 30 days after the filing of the claim with the Construction Official and service thereof upon the contractor, the claimant may file suit in the appropriate court of law, making the security the subject matter of the litigation. In any event, all suits intending to make the security the subject matter of the litigation shall be filed with the Clerk of the appropriate court of law within 395 days, commencing with the date of the issuance of the certificate of occupancy.
(d)
Upon the abatement of the alleged violations by the contractor, the claimant and contractor shall each immediately notify the Construction Official, in writing, that the alleged violations have been corrected. The claimant's notification shall further state that the claim is withdrawn.
J.
Disposition of security.
(1)
The security posted pursuant to the terms of this chapter shall be disposed of in one of the following ways:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
In the event that no written notice of claim is served upon the Construction Official and contractor within 365 days, commencing with the date of issuance of a certificate of occupancy, the security posted pursuant to the terms of this chapter shall be forthwith released, discharged and returned to the party or parties responsible for the posting of the same.
(b)
In the event that a claim is made and subsequently the Construction Official receives notice that the alleged violations have been abated and that the claim has been withdrawn, as provided for herein, and in the further event that no written notice of additional claim is served upon the Construction Official and contractor within 365 days, commencing with the date of the issuance of the certificate of occupancy, the security posted pursuant to the terms of this chapter shall be forthwith released, discharged and returned to the party or parties responsible for the posting of the same.
(c)
In the event that suit is filed making the security the subject matter of the litigation pursuant to the terms of this chapter, the claimant shall immediately notify the Construction Official, in writing, that suit has been filed. In the event that the Construction Official does not receive written notice that suit has been filed within 395 days, commencing with the date of the issuance of the certificate of occupancy, the security posted pursuant to the terms of this chapter shall be forthwith released, discharged and returned to the party or parties responsible for posting of the same.
(d)
In the event that suit is filed making the security the subject matter of this litigation pursuant to the terms of this chapter and in the further event that the Construction Official receives notice that suit has been filed pursuant to § 550-9J(1)(c), the Construction Official shall immediately transmit the security to the Clerk of the court in which the suit has been filed to be disposed of in accordance with the final determination of said suit. During the pendency of said suit, the security shall remain in full force and effect.
(2)
All provisions of this chapter regulating the release, discharge, return and transmittal of security are mandatory in effect and may not be withheld except as expressly provided for herein.
K.
Service of notice. All written notice provided for herein shall be served either personally or by registered or certified mail, return receipt requested.
L.
Implementation and dissemination of provisions of chapter. The Construction Official shall make such inquiry as he deems appropriate, including the taking of affidavits from contractors, to determine if land on which residential construction is to occur is held primarily for rental income and resale. All contractors registered under the provisions of this chapter shall provide a copy of this chapter to those persons purchasing property covered by the provisions hereof at or before the obtaining of the certificate of occupancy from the Construction Official and shall so notify the Construction Official, in writing, at the time of the application for the certificate of occupancy, which writing shall be signed by the purchaser.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
M.
Appeals from decision of Township Construction Official. Any person aggrieved by a decision of the Township Construction Official or related officials concerning the interpretation and enforcement of applicable municipal construction, electrical, plumbing or other subcodes shall be entitled to appeal that decision to the Morris County Construction Board of Appeals in accordance with the procedures established by the County of Morris for a hearing of such appeals.
N.
Inspection; right of entry; stop-construction orders.
(1)
The Construction Official or his agents shall periodically inspect all construction undertaken pursuant to a construction permit issued by the Construction Official to ensure that the construction or alteration is performed in accordance with the conditions of the construction permit and consistent with applicable state laws, rules, regulations and local ordinances.
(2)
The owner of any premises upon which a building or structure is being constructed shall be deemed to have consented to the inspection by the Construction Official or his agents of the entire premises and of any and all construction being performed on it until a certificate of occupancy has been issued. An inspector or a team of inspectors, upon presentation of proper credentials, shall have the right to enter and inspect such premises and any and all construction thereon for purposes of ensuring compliance with the provisions of the applicable construction permit, the Construction Code and other applicable laws and regulations. All inspections pursuant to this chapter shall be between the hours of 9:00 a.m. and 5:00 p.m. on business days or when construction is actually being undertaken; provided, however, that inspections may be conducted at other times if the Construction Official has reasonable cause to believe that an immediate danger to life, limb or property exists or if permission is given by an owner or his agent, architect, engineer or builder. No person, except the owner or his agent, shall accompany an inspector or team of inspectors on any inspection pursuant to this chapter unless his presence is necessary for the enforcement of this chapter or the Code or unless consent is given by an owner or his agent, architect, engineer or builder.
(3)
If the construction of a structure or building is being undertaken contrary to the provisions of a construction permit, the Construction Code or other applicable laws or ordinances, the Construction Official may issue a stop-construction order, in writing, which shall state the conditions upon which construction may be resumed and which shall be given to the owner or the holder of the construction permit or to the person performing the construction. If the person doing the construction is not known or cannot be located with reasonable effort, the notice may be delivered to the person in charge or apparently in charge of the construction. No person shall continue or cause or allow to be continued the construction of a building or structure in violation of a stop-construction order, except with the permission of the Construction Official to abate a dangerous condition or remove a violation or except by court order. If an order to stop construction is not obeyed, the Construction Official may apply to the appropriate court, as otherwise established by law, for an order enjoining the violation of the stop-construction order. The remedy for violation of such an order provided in this subsection shall be in addition to and not in limitation of any other remedies provided by law or ordinance.
O.
Violations and penalties.
(1)
Any person or corporation, including an officer, director or employee of a corporation, who or which constructs a structure or building in violation of a condition or a construction permit; fails to comply with any order issued by the Construction Official or his agents; or makes a false or misleading written statement or omits any required information or statement in any application or request for approval to the Construction Official shall be subject to a penalty of not more than $500.
(2)
Anyone who knowingly refuses entry or access to an inspector lawfully authorized to inspect any premises, building or structure pursuant to this chapter or who unreasonably interferes with such an inspection shall be subject to a fine of not more than $250.
(3)
With respect to Subsection O(2) of this section, a person shall be guilty of a separate offense for each day that he fails to comply with a stop-construction order validly issued by the Construction Official and for each week that he fails to comply with any other order validly issued by the Construction Official. With respect to Subsection O(1) of this section, a person shall be guilty of a separate offense for each false or misleading written statement or omission of required information or statement made in any application or request for approval to an enforcing agency or department. With respect to Subsection O(1) of this section, a person shall be guilty of a separate offense for each violation of the conditions of a construction permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
The penalties pursuant to this section may be collected in a summary proceeding pursuant to the Penalty Enforcement Act (N.J.S.A. 2A:58-10 et seq.). Jurisdiction to enforce such penalties has been conferred upon Judges of the Municipal Court, in addition to the courts specified by N.J.S.A. 2A:58-11.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 550-10 Outstanding building permits, site plan approvals and zoning variances.
Nothing in this chapter shall require any change in a building permit, site plan or zoning variance which was approved before the enactment of this chapter, provided that construction based on said approval shall have been started within 60 days following the effective date of this chapter and shall be continuously pursued to completion; otherwise, said approval shall be void.
§ 550-11 Clerical personnel for Planning Board.
A.
Clerical employee for Planning Board designated. The Secretary of the Planning Board is hereby designated as the clerical employee of the Planning Board.
B.
Duties of clerical employee. The Secretary shall:
(1)
Receive payment of all fees provided for in any matter which must be presented to the Planning Board, including but not limited to minor subdivisions, major subdivisions, and site plan approvals. Said payment shall be by money order or check made out to the Township of Mount Olive. The Secretary shall provide a receipt therefor and shall indicate thereon the nature of the payment.
[Amended 10-28-2014 by Ord. No. 22-2014]
(2)
Receive all correspondence to the Board, all applications, maps, sketch plats, minor plats, major plats or any other document which is to be submitted to the Planning Board for consideration.
(3)
Receive and accept for filing all sketch plats, preliminary plats of a major subdivision and final plats of a major subdivision.
§ 550-12 Compliance required.
A.
All zoning requirements shall be met at the time of any erection, enlargement, moving or change in use. If a new structure is added to an existing complex of structures or if an existing structure has an addition, the site plan provisions of this chapter shall apply to the enlargement or new structure.
B.
All developments resulting from subdivision and site plan approvals shall comply with all the design and performance standards, including conditions imposed by the approving authority as shown on the approved plat and/or included in the resolution adopted by the approving authority.
§ 550-13 Conditional approval.
Regulation of the development of land and the attachment of reasonable conditions to development applications is an exercise of valid police power delegated by the state to this Township. The applicant has the duty of compliance with reasonable conditions laid down by the approving authority for design, dedication, improvements and the use of the land so as to conform to the physical and economical development of the Township and to the safety and general welfare of the future residents and/or owners in the development and in the community at large. Where County Planning Board review or approval is required on a site plan, the approving authority shall condition any approval it grants upon either timely receipt of a favorable report by the County Planning Board or approval by the County Planning Board due to its failure to submit a report within the required time period. If the county's report is negative or attaches conditions, the original action by the Township approving authority shall be null and void and a new resolution shall be adopted which considers the County Planning Board's report.
§ 550-14 Conditional uses; issuance of permits.
A.
Grant of power. Pursuant to N.J.S.A. 40:55D-67, the Planning Board shall have original jurisdiction and power to grant a special conditional use on a particular site allowed by standards set forth below but subject to the guiding principles, standards, conditions and safeguards contained in this chapter to the extent applicable and in the manner provided by law.
B.
Before any permit shall be issued for a conditional use, applications shall be made to the Planning Board. The Planning Board shall grant or deny the application after public hearing but within 95 days of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Where a conditional use application involves a site plan or subdivision, notice of the hearing shall include reference to all matters being heard; and the Planning Board shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application. The failure of the Planning Board to act within the required time period shall constitute approval of the application. In reviewing the conditional use application, the Planning Board shall review the number of employees or users of the property and the requirements set forth in this chapter and shall give due consideration to all reasonable elements which would affect the public health, welfare, safety, comfort and convenience, such as but not limited to the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and structural location(s) and orientation(s), and shall conduct a public hearing on the application. The use for which conditional uses are granted shall be deemed to be permitted uses in their respective districts, and each conditional use shall be considered as an individual case. In all requests for approval of conditional uses, the burden of proof shall be on the applicant. All conditional uses shall require site plan review and approval by the Planning Board. Prior to making its decision, the Planning Board shall be satisfied that the conditional use is reasonably necessary for the convenience of the public in the location proposed. In the granting of a conditional use which involves variance relief, a time limit of one year from the date of the variance approval shall be set, within which time the applicant and/or property owner shall secure a building permit if such permit is required; otherwise, the variance shall expire pursuant to § 550-24I.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
Guiding principles and standards.
(1)
Such use shall be one which is specifically authorized as a conditional use in the zone within which such particular site is located.
(2)
For every conditional use, the Board shall make a specific finding, supported by evidence produced at a public hearing in the manner provided by law, that such use will not be prejudicial to the character of the neighborhood.
(3)
For every conditional use, the Board shall determine that there is appropriate provision for access facilities adequate for the estimated traffic from public streets and sidewalks so as to assure the public safety and to avoid traffic congestion. Vehicular entrances and exits shall be clearly visible from the street and not within 75 feet of a street intersection.
(4)
For every such conditional use, the Board shall determine that there are fully adequate parking areas in conformity with this chapter and all other pertinent ordinances for the anticipated number of occupants, employees and patrons and that the layout of the parking spaces and interior driveways is convenient and conducive to safe operation.
(5)
For every such conditional use where the installation of outdoor flood or spotlighting is intended, the Board shall determine that such lighting will not shine directly upon any abutting property. No unshielded lights shall be permitted.
D.
Special conditions and safeguards for certain uses.
(1)
No building permit shall be granted by the Board for a public or semipublic building in any zone unless the Board shall first determine that such use is appropriate to the character of its neighborhood and that it will not, when taken in conjunction with other existing land uses, generate traffic that would result in an undue burden upon the available access streets.
(2)
No building permit shall be granted by the Board for a railway or bus station in any zone where authorized unless the Board shall first determine that the proposed location will serve the interest of the residents of the Township without having a damaging effect upon adjacent properties.
(3)
No building permit shall be granted by the Board for a dump or junkyard in any zone where authorized unless the Board shall first determine that such use will not have a damaging or adverse upon the adjacent properties or upon the Township. No open storage of any materials therein contained shall be permitted within 200 feet of any public street or road or of any lot line.[1]
[1]
Editor's Note: Original Subsection D(4), regarding permits granted for sand and/or gravel pits, and Subsection D(5), regarding service stations, of the 1990 Code, which immediately followed, were repealed 10-28-2014 by Ord. No. 22-2014.
E.
The approving authority shall have the power to review and approve or deny conditional uses or site plans simultaneously with a review for subdivision approval without the developer being required to make further application to the approving authority, or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer in conjunction with a site plan or subdivision, notice of the hearing on the plat shall include reference to the request for such conditional use.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
§ 550-15 Enforcing officers.
It shall be the duty of the Zoning Officer to administer and enforce the zoning provisions of this chapter. No building permit shall be issued unless the plans are accompanied by an approved zoning permit. No zoning permit shall be issued unless the proposed structure, use, temporary activity and construction activities are in compliance with this chapter. In cases involving the new use of an existing structure, no certificate of occupancy for the new tenant shall be issued until a zoning permit has been issued.
§ 550-16 Exceptions.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The approving authority, when acting upon applications for site plan or subdivision approval, shall have the power to grant such exception from the site plan and subdivision review and plat detail requirements in Article IV and the design guidelines and technical standards in Article V of this chapter as may be reasonable and within the general purpose and intent of the provisions for site plan or subdivision review and approval 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. Such exceptions shall only be given upon receipt of the favorable recommendation of the Environmental Commission, where applicable.
§ 550-17 Fees.
A.
Quarrying. Each application shall be accompanied by a fee of $200 to be applied toward the cost of engineering examination of the applicant, and the applicant shall further deposit the sum of $1,500 to be applied toward the cost of inspection as provided herein.
[Amended 5-22-2007 by Ord. No. 21-2007]
B.
Site plan and subdivision review.
[Amended 5-22-2007 by Ord. No. 21-2007]
(2)
Major subdivision, preliminary plat: $300, plus $50 per lot. The escrow fee shall be $2,000, plus $150 per lot.
(3)
Major subdivision, final plat: $300, plus $25 per lot. The escrow fee shall be $1,500, plus $50 per lot.
(4)
Combined preliminary and final plat: $500, plus $50 per lot. The escrow fee shall be $3,000, plus $100 per lot.
(5)
Concept plan, site plan and subdivision: $400. The escrow fee shall be $1,500.
(8)
Site plan revision/amendment/miscellaneous: $400 minimum. The escrow fee shall be $2,500 minimum.
[Amended 2-28-2017 by Ord. No. 6-2017]
(9)
Site plan, residential.
(a)
Preliminary: $500 set fee; $75 per dwelling unit. The escrow fee shall be $2,000, plus $150 per unit.
(b)
Final: $500 set fee; $50 per dwelling unit. The escrow fee shall be $1,500, plus $50 per unit.
(c)
Combined: $800 set fee; $100 per dwelling unit. The escrow fee shall be $3,000, plus $150 per unit.
(10)
Site plan, nonresidential.
(a)
Preliminary: $400 set fee; $100 per 1,000 square feet of gross floor area. The escrow fee shall be $3,000, plus $100 per 1,000 square feet.
(b)
Final: $300 set fee; $50 per 1,000 square feet of gross floor area. The escrow fee shall be $2,000, plus $50 per 1,000 square feet.
(c)
Combined: $600 set fee; $100 per 1,000 square feet of gross floor area. The escrow fee shall be $4,000, plus $100 per 1,000 square feet.
C.
Soil removal filing fee. The application shall be submitted to the Secretary of the Planning Board in accordance with the following fee schedule:
[Amended 5-22-2007 by Ord. No. 21-2007]
D.
Surface water management plan. Where a surface water management plan is submitted as part of subdivision or site plan review, there shall be no separate fee for surface water management plan review. Where the surface water management plan is not submitted as part of a subdivision or site plan application, the fee shall be that which is set forth in the current fee schedule ordinance for land use applications.
E.
Tree removal. Fees for review of plans and reports, including but not limited to a forestry management plan and a tree removal plan and issuance of permits for same shall be as provided in § 550-75F(6) of this chapter.
[Amended 11-9-2004 by Ord. No. 34-2004; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
F.
Variances and other appeals. Hearings by the Planning Board, as follows:
[Amended 6-15-2004 by Ord. No. 12-2004; 5-22-2007 by Ord. No. 21-2007; 10-5-2010 by Ord. No. 23-2010; 10-28-2014 by Ord. No. 22-2014]
G.
Zone change request: $1,500. The escrow fee shall be $10,000.
[Amended 5-22-2007 by Ord. No. 21-2007; 2-28-2017 by Ord. No. 6-2017]
H.
Escrow accounts. The escrow shall be paid by each applicant in order that the Township is fully reimbursed in connection with costs that it incurs for professional services and related costs in connection with the review and processing of these types of development applications, including but not limited to shorthand reporting and transcripts and the review, inspection and reports of the Township Engineer, Township Attorney, Board Attorney and any other professionals or consultants whose services are deemed necessary with respect to processing the application by the approving authority.
(1)
All escrow moneys shall be deposited by the Township Planner in the Township's escrow account, and the Township Planner or such other designee shall set up a ledger page in the name of the applicant. All disbursements to professional consultants or experts required to process said application shall be charged against the applicant's escrow account.
[Amended 5-22-2007 by Ord. No. 21-2007]
(2)
The amount of the initial deposit to said escrow account shall be remitted at the time of the filing of the application.
(3)
Any of the escrow moneys remaining in the escrow account upon completion of the application procedure shall be returned to the applicant.
(4)
In the event that the funds in the escrow account should become depleted prior to the completion of the application procedure and additional funds are needed to cover the cost of processing said application, the applicant shall deposit sufficient additional funds. In order to expedite the processing of applications by the approving authority, the Township Planner or such other designee shall notify the applicant immediately upon the depletion of funds in the escrow account or as soon as an insufficiency of funds becomes evident or is expected.
[Amended 5-22-2007 by Ord. No. 21-2007]
(5)
The approving authority shall not process and/or take action on the application unless all fees and deposits required in the manner described above shall have been paid by the applicant.
(6)
All bills submitted to the approving authority by the stenographer, planning consultant, Township Attorney, Board Attorney or other professionals containing charges to be applied against an applicant's escrow account established pursuant to this section shall specify the services performed in relation to individually identified applications for which the charges have been incurred.
(7)
Unit charges, i.e., per diem or hourly fees, inspection or expert testimony charges levied by the stenographer, planning consultant, Township Attorney, Board Attorney or other professionals for services rendered in connection with an application may not exceed those unit charges contracted for and/or approved by the Township agency for services by said professionals.
(8)
An accounting of all funds to be withdrawn by the Township from the escrow account shall be submitted by the Director of Planning, Zoning and Code Enforcement or such other designee to the applicant at least 10 days prior to the withdrawal of said funds. Within said 10 days, the applicant shall have the opportunity to request, in writing, a hearing by the approving authority with respect to the reasonableness of the intended charges against the escrow account. In the event that the applicant requests such a hearing, no withdrawal shall be made from the escrow account until the approving authority shall have ruled on the appeal. If the approving authority finds in favor of the applicant, the withdrawals shall be adjusted accordingly. If no objection is filed within 10 days, the funds shall be withdrawn from the escrow account and transferred to the Township account from which the professionals, etc., shall be paid.
[Amended 5-22-2007 by Ord. No. 21-2007; 10-28-2014 by Ord. No. 22-2014]
I.
Exemptions from application fees. Only entities supported by public funds and governmental entities as defined in § 5-1 of Volume I of this Code shall be exempt from payment of all fees required by this section but shall be required to pay any and all escrow and inspection fees established by this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
J.
Religious institutions and charitable institutions as defined in § 5-1 of this Code shall be exempt from payment of all fees required by this chapter if the proposed project involves facilities that benefit the public and the taxpayers of the Township, such as schools, day-care centers and/or senior citizen complexes, but shall be required to pay any and all escrow and inspection fees established by this chapter.
[Added 2-28-1995 by Ord. No. 3-95]
K.
Driveways. In accordance with § 550-42, all applications for permits for new driveways or modifications made to existing driveways that change slope, contour, material to construct driveway or footprint shall be directed to the Township Engineer with an application fee of $25.
[Added 4-28-2009 by Ord. No. 5-2009]
§ 550-18 Inconsistent ordinances repealed.
All ordinances or parts of ordinances which are inconsistent with the provisions of this chapter are hereby repealed to the extent of such inconsistency. Upon the adoption of this chapter according to law, all previously adopted subdivision, site plan and zoning ordinances and their amendments are repealed.
§ 550-19 Off-site improvements.
A.
Prior to the final approval of all subdivisions and site plans hereafter submitted to the Planning Board for final approval, the Board may require, in accordance with the standards adopted by this chapter, the installation or the furnishing of a performance guaranty in lieu thereof of any or all of the following off-site improvements it may deem to be reasonably related to the public health, safety and general welfare: street improvements, including sidewalks, and drainage improvements and water, sewerage and drainage facilities and such other off-site improvements as the Board may find necessary in the public interest and easements therefor. Off-site improvements shall include, but not be limited to, installation of new improvements and extensions and modifications of the existing improvements in accord with circulation and comprehensive utility service plans. Upon the recommendation of the Board as to those off-site improvements necessary, the governing body shall determine, in the case of each off-site improvement of the Township of Mount Olive, whether such improvement is to be:
[Amended 10-28-2014 by Ord. No. 22-2014]
(1)
Constructed by the Township of Mount Olive as a general improvement;
(2)
Constructed by the Township of Mount Olive as a local improvement; or
(3)
Constructed by the developer with a formula providing for partial reimbursement by the Township of Mount Olive if the improvement benefits properties other than the subdivision.
B.
The allocation of costs for any off-site improvement shall be determined and apportioned in accordance with the following standards:
(1)
The Board shall estimate, with the assistance of the Township Engineer and such other persons having pertinent information or expertise:
(2)
Upon estimation of the cost of the improvement as provided in Subsection B(1) above, the Board may require that the subdivider provide, as a condition for approval of the subdivision application, a bond (or a cash deposit in lieu thereof) to insure payment to the Township satisfactory to the Township Attorney of one of the following amounts:
(a)
If the improvement is to be constructed by the Township as a general improvement, an amount equal to the difference between the estimated cost of the improvement and the estimated total amount by which all properties to be serviced thereby, including the subdivision property, will be specially benefited by the improvement.
(b)
If the improvement is to be constructed by the Township as a local improvement, then in addition to the amount referred to in Subsection B(2)(a), the estimated amount by which the subdivision property will be specially benefited by the improvements.
(c)
If the improvement is to be constructed by the subdivider, an amount equal to the estimated cost of the improvement; provided, however, that if the improvements benefit properties other than the subdivision property, the Township of Mount Olive shall reimburse the subdivider for all sums not attributable to the subdivision property, provided further that in computing said sums, the subdivider shall not be charged with the amount by which the subdivision property was specially benefited.
(3)
If the improvement is constructed by the Township, the actual cost shall be established, and the subdivider shall be required to pay only his appropriate share of the cost as established by Subsection B(2) above.
(4)
If the improvement is constructed as a local improvement, as provided by Subsection B(2), and the subdivider disputes the determination made by the Tax Assessor as to the special benefit received by the subdivision property by reason of the improvement, its remedy shall be the appeal procedure set forth in N.J.S.A. 40:56-54 and 40:56-55.
(5)
In the event that the developer shall not be required to install needed off-site or off-tract improvements, the amount of the developer's share should be paid to the Township Treasurer. All moneys received by the Township in accordance with the provisions of this section shall be deposited in an interest-bearing account, and such funds shall be used only for the improvements for which they are deposited or improvements serving the same purpose. If the improvements are not initiated within 15 years from the date of payment or other mutually agreeable period of time, all deposited funds shall be returned to the developer, together with accumulated interest.
C.
Standards to determine degree of benefit. In determining to what degree all affected properties, including those not part of the development, have been specially benefited by the provision of the off-tract improvement(s), the Board shall consider the following:
(1)
Road, curb, gutter and sidewalk improvements shall be based upon the projected percentage increase of traffic volumes. The existing traffic volumes shall be established by the applicant or may be taken from other reputable sources if less than five years old. In determining the improvement need, the Planning Board shall consider traffic patterns, quality of roads and sidewalks, traffic and intersection capacity in the area and other factors related to the need created by the subdivision and the anticipated benefit thereto.
EXAMPLE: A proposed townhouse development is projected to increase traffic through a nearby intersection which is currently at capacity. The applicant has engaged a traffic engineer to survey existing traffic volumes and has projected the number of peak hour trips and directional split generated by the development. His results indicate that the development will generate a 15% increase in traffic volume at the intersection. Therefore, the applicant will be responsible for 15% of the costs of improving the intersection.
(2)
Drainage facilities shall be based upon the percentage relationship between the development acreage and the acreage of the total drainage basins involved.
EXAMPLE: A proposed subdivision occupies 70 acres of land within a 280-acre drainage basin. The developer is responsible for 25% of the cost of off-tract improvements.
(3)
Water supply and distribution facilities shall be based upon the added facilities required by the total anticipated water use requirements of the development.
(4)
Sewerage facilities shall be based upon the proportion that the subdivision's total anticipated volume of sewage effluent bears to the existing and projected sewage disposal facilities, including but not limited to lines and other appurtenances leading to and servicing the subdivision. The Board may also consider types of effluent and particular problems requiring special equipment or added costs for treatment and all such requirements in accordance with the rules and regulations of the sewage treating facility or entity.
D.
Deposits of funds. All moneys received by the Township in accordance with the provisions of this section shall be paid to the Township Treasurer, who shall provide for a suitable depository therefor. Such funds shall be used only for the improvements for which they are deposited or for improvements servicing the same purpose unless such improvements are not initiated for a period of 10 years from the date of payment, after which time said funds shall be transferred to the capital improvement fund of the Township.
§ 550-20 Performance and maintenance guaranties; site plans.
[Amended 12-18-2018 by Ord. No. 36-2018]
A.
No site plan shall be approved by the approving authority until all items required to be bonded (on-site, off-site and off-tract) in the public interest have been installed, inspected, certified and approved by the Township Engineer and accepted by the governing body and a maintenance guaranty has been filed and accepted by the governing body in accordance with the requirements of this section or their installation shall have been provided for by a performance guaranty accepted and approved by the governing body in accordance with the requirements of this section. No maintenance bond shall be accepted nor shall any partial facility be accepted for any item which has further stages of work to be completed or which will need to be altered or reworked in any manner due to the installation or connection of any other facility. Any improvements installed prior to final plat application that do not meet the standards of this chapter or other regulations shall be added to the performance guaranty.
B.
A performance guaranty cost estimate shall be submitted to the approving authority by the Township Engineer as part of his report on site plan review. The approving authority may request the Township Engineer to review and update this estimate from time to time.
C.
The proposed performance guaranty required for site plan approval shall be submitted to the Township Engineer and Township Attorney for recommendations as to accuracy and form and then to the governing body for approval and acceptance by resolution. Submission for final site plan approval shall not be made until the performance guaranty has been accepted and approved by the governing body.
(1)
The performance guaranty shall consist of the performance guaranty cost estimate and a performance bond in which the developer shall be principal and an acceptable surety company licensed to do business in the State of New Jersey and/or cash or a certified check which shall be deposited with the Township by payment to the Township Clerk and forwarded to the Township Treasurer shall be surety. The Treasurer shall issue a receipt for such deposits and shall retain the deposits as security for completion of all requirements, to be returned to the developer on completion of all required work or, in the event of default on the part of the developer, to used by the Township to pay the costs of completing the requirements. If the required improvements have not been completed or corrected and upon authorization by the governing body, the Township Attorney shall take the necessary steps to obtain such costs from the obligor and surety. The Township may, either prior to or after receipt of the proceeds thereof, complete such improvements.
(2)
The total performance guaranty shall equal 120% of the performance guaranty cost estimate, plus an amount equal to 15% of the cost of any facilities installed prior to final submission as a maintenance guaranty. Ninety percent of this total shall be in either cash, certified check or surety bond of a bonding company approved by the governing body. The remaining 10% shall be in cash and shall be paid in like manner and under the same conditions as the security aforesaid. In the event of default, the 10% cash fund herein mentioned shall be first applied to the completion of the requirements; and the cash, certified check or surety bond shall thereafter be resorted to, if necessary, for the completion of the requirements. The cash or surety bond may recite the foregoing provision. The Township Engineer's certification that the principal has satisfactorily installed or has defaulted in meeting the required standards of construction shall be the basis for governing body action which accepts or rejects the improvements, withholds approval or may extend the time allowed for installation of the improvements.
D.
If the property or any part of same is sold, or otherwise conveyed to a successor developer prior to the completion and acceptance of all improvements, an assignment of developer's agreement and new performance, maintenance or other guarantees shall be required from the new owner or successor developer. Upon the transfer of ownership of property that is the subject of a construction permit, and prior to beginning or continuing work authorized by the construction permit, the new owner or successor developer shall file with the Building Department an application for a permit update to notify the Building Department of the name and address of the new owner or successor developer and of all other changes to information previously submitted to the Building Department. The Building Department shall not approve the application for a permit update until it receives notification from the governing body or its designee that the new owner or successor developer has furnished adequate replacement performance, maintenance or other guarantees and assignment of developer's agreement.
E.
The Township Clerk shall immediately notify the approving authority, the Planning Department and the Township Engineer when the performance guaranty has been approved and accepted by the governing body.
F.
Prior to beginning construction, the developer shall arrange for a preconstruction conference between the developer, contractor and Township Engineer. All improvements and utility installations shall be inspected during the time of their installation under the supervision of the Township Engineer to ensure satisfactory completion. The Township Engineer shall be notified by the developer five days in advance of the start of construction. The cost of said inspection shall be the responsibility of the developer. The developer shall reimburse the Township for all reasonable inspection fees by submitting a certified check or bank money order to the Township Clerk upon receipt of a bill from the Township. This fee shall be in addition to the amount of the performance guaranty and all applications fees and shall be computed as follows:
(1)
The construction inspection fee is to be 5% of the estimated cost of constructing the improvements, which estimate is to be prepared and submitted by the developer's engineer and approved by the Township Engineer with the concurrence of the governing body. In addition to the basic inspection fee of 5%, any extraordinary fees incurred by the Township as the result of the retention of special consultants shall also be the obligation of the developer, and the developer shall reimburse the Township.
(2)
Improvements costs, as estimated in this section, shall be defined to include construction and installation cost of grading, pavement, surveyor's monuments, drainage structures, storm sewers, sanitary sewers and other means of sewage disposal, water mains, fire protection features, streets, gutters, curbs, culverts, sidewalks, streetlighting, shade trees, parking areas, landscaping, street signs, erosion control and sedimentation control devices, public improvements of open space and other on-tract improvements.
G.
No work shall be done without permission from the Township Engineer. No underground installation shall be covered until inspected and approved. The Township Engineer's office shall be notified after each of the following phases of the work has been completed so that he may inspect the work: road subgrade, curb and gutter forms, curbs and gutters, road paving (after each coat in the case of priming and sealing), drainage pipes and other drainage structures before backfilling, shade trees and planting strips, street name signs and monuments.
H.
Electrical, gas, telephone and all other utility installations installed by utility companies shall not be subject to the inspection requirements contained herein.
I.
Occupancy permits will be issued only when the installation of curbs, utilities, functioning water supply and sewage treatment facilities, necessary storm drainage to ensure proper drainage of the lot and surrounding land, rough grading of lots, soil stabilization, base course for the street and driveway and sidewalks are installed to serve the lot and structure for which the permit is requested. Streets shall not receive surface course paving until all heavy construction is completed. Shade trees shall not be planted until all grading and earth moving is completed. Seeding of grass areas shall be the final operation.
J.
Inspection by the Township Engineer of the installation of improvements and utilities shall not subject the Township to liability for claims, suits or liability of any kind that may arise because of defects or negligence, it being recognized that the responsibility to provide proper utilities and improvements and to maintain safe conditions at all times on all parts of the tract, whether construction is waiting to start, is in progress or is completed, or any combination of conditions on all or a part of the tract, is upon the developer and his contractors or subcontractors, if any.
K.
After completing the construction of the improvements covered by the performance guaranty, the developer shall prepare two sets of the improvements and utility plans and the profiles amended to read "as constructed" and shall apply to the governing body for final inspection of the work. The Township Engineer shall, within 45 days of completing the inspection, report, in writing, to the governing body indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
L.
The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Township Engineer and shall notify the obligor, in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto not later than 45 days after receipt of the report prepared by the Township Engineer. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the governing body to send or provide such notification to the obligor within 45 days shall be deemed to constitute approval of the improvements, and the obligor and the surety, if any, shall be released from all liability, pursuant to such performance guaranty.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
M.
If any portion of the required improvements is rejected, the approving authority may require the obligor to complete such improvements; and upon completion, the same procedure of notification as set forth in this section shall be followed.
N.
The approval of any plat under this chapter by the approving authority shall in no way be construed as acceptance of any street, drainage system or other improvement required by this chapter, nor shall such plat approval obligate the Township in any way to maintain or exercise jurisdiction over such street, drainage system or other improvement. Acceptance of any street, drainage system or other improvement shall be implemented only by favorable action by the governing body.
O.
Maintenance guaranty. No improvement shall be accepted by the governing body unless and until all of the following conditions have been met:
(1)
The Township Engineer shall have certified, in writing, that all the improvements are complete and that they comply fully with the requirements of this chapter and of other applicable local ordinances.
(2)
Provision for a maintenance guaranty to be posted with the governing body 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. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or that 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 municipality for such utilities or improvements.
P.
An irrevocable letter of credit issued in a form approved by the Township Attorney and by a bank approved by the Township shall be accepted in lieu of a performance bond issued by a surety company as an acceptable performance guaranty. An irrevocable letter of credit shall not, however, take the place of any required cash bond.
§ 550-21 Performance and maintenance guaranties; subdivisions.
[Amended 12-18-2018 by Ord. No. 36-2018]
A.
Prior to the granting of final approval, the subdivider shall have furnished performance guaranties, as provided in this chapter, for the ultimate installation of the following:
(1)
Streets, street signs and streetlighting.
(2)
Street trees.
(3)
Curbs, sidewalks and bikeways.
(4)
Soil erosion and sediment control measures.
(5)
Monuments to be of the size and shape required by N.J.S.A. 46:26B-3 and shall be placed in accordance with said statute and indicated on the final plat.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(6)
Water mains, where the subdivision is within the area served by a water company; culverts; storm sewers and sanitary sewers, when the developer constructs a central sewage disposal plant. All such installations shall be properly connected with an approved system and shall be adequate to handle all present and probable future development.
B.
Upon receipt of preliminary major subdivision approval from the Mount Olive Township Planning Board, a developer shall be entitled to install any and all improvements which he is obligated to install under the terms of the resolution of approval; and the developer shall not be required to enter into a developer's agreement nor to post a cash bond, except as provided in § 550-21C and D hereof, prior to installation of such improvements.
C.
If the property or any part of same is sold, or otherwise conveyed to a successor developer prior to the completion and acceptance of all improvements, an assignment of developer's agreement, and new performance, maintenance or other guarantees shall be required from the new owner or successor developer. Upon the transfer of ownership of property that is the subject of a construction permit, and prior to beginning or continuing work authorized by the construction permit, the new owner or successor developer shall file with the Building Department an application for a permit update to notify the Building Department of the name and address of the new owner or successor developer and of all other changes to information previously submitted to the Building Department. The Building Department shall not approve the application for a permit update until it receives notification from the governing body or its designee that the new owner or successor developer has furnished adequate replacement performance, maintenance or other guarantees and assignment of developer's agreement.
D.
The developer shall be required to post a cash bond in an amount equal to 10% of the total cost of all improvements to reimburse the Township for the expenditure of any funds used for restoration in the event that the final subdivision is abandoned or not completed within the time permitted by statute or which are used to correct hazardous conditions that may arise in connection with the installation of improvements. The Township shall not assume any responsibility to complete the work but may elect to either restore the site or to complete the improvements under construction.
E.
Notwithstanding anything to the contrary in this chapter or any other ordinance, no developer shall proceed with the installation of improvements until the developer has paid the inspection fee required by this chapter, submitted certificates of insurance evidencing the required amount of insurance and entered into a preliminary developer's agreement approved as to form by the Township Attorney.
F.
This section shall apply only to the installation of improvements prior to the obtaining of final subdivision approval from the Township Planning Board, and the rights of a developer to install improvements after obtaining the final subdivision approval shall be governed solely by the provisions of the Township's zoning provisions and not by this section.
G.
Nothing herein shall be construed to give the developer any additional time than is provided according to law to obtain final subdivision approval, and the developer shall install said improvements at his own risk.
H.
Guaranties, fees and inspections.
(1)
No final plat shall be approved by the approving authority until all items required to be bonded (on-site, off-site and off-tract) in the public interest have been installed, inspected, certified and approved by the Township Engineer and accepted by the governing body and a maintenance guaranty has been filed and accepted by the governing body in accordance with the requirements of this section or their installation shall have been provided for by a performance guaranty accepted and approved by the governing body in accordance with the requirements of this section. No maintenance bond shall be accepted nor shall any partial facility be accepted for any item which has further stages of work to be completed or which will need to be altered or reworked in any manner due to the installation or connection of any other facility. Any improvements installed prior to final plat application that do not meet the standards of this chapter or other regulations shall be added to the performance guaranty.
(2)
A performance cost estimate shall be submitted to the approving authority by the Township Engineer as part of his report on final plat review. The approving authority may request the Township Engineer to review and update this estimate, from time to time, as required.
(3)
The proposed performance guaranty required for final plat approval shall be submitted to the Township Engineer and Township Attorney for recommendations as to accuracy and form and then to the governing body for approval and acceptance by resolution. Submission for final plat approval shall not be made until the performance guaranty has been accepted and approved by the governing body.
(a)
The performance guaranty shall consist of the performance guaranty cost estimate and a performance bond in which the developer shall be principal and an acceptable surety company licensed to do business in the State of New Jersey and/or cash or a certified check which shall be deposited with the Township by payment to the Township Clerk and forwarded to the Township Treasurer shall be surety. The Treasurer shall issue a receipt for such deposits and shall retain the deposits as security for completion of all requirements, to be returned to the developer on completion of all required work or, in the event of default on the part of the developer, to be used by the Township to pay the costs of completing the requirements. If the required improvements have not been completed or corrected in accordance with the standards of the Township or within the stipulated time, the obligor and surety for any bond shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected; and upon authorization by the governing body, the Township Attorney shall take the necessary steps to obtain such costs from the obligor and surety. The Township may, either prior to or after receipt of the proceeds thereof, complete such improvements.
(b)
The total performance guaranty shall equal 120% of the performance guaranty cost estimate, plus an amount equal to 15% of the cost of any facilities installed prior to final submission as a maintenance guaranty. Ninety percent of this total shall be in either cash, certified check or surety bond of a bonding company approved by the governing body. The remaining 10% shall be in cash and shall be paid in like manner and under the same conditions as the security aforesaid. In the event of default, the 10% cash fund herein mentioned shall be first applied to the completion of the requirements; and the cash, certified check or surety bond shall thereafter be resorted to, if necessary, for the completion of the requirements. The cash or surety bond may recite the foregoing provision. The Township Engineer's certification that the principal has satisfactorily installed or has defaulted in meeting the required standards of construction shall be the basis for governing body action which accepts or rejects the improvements, withholds approval or may extend the time allowed for installation of the improvements.
(4)
The Township Clerk shall immediately notify the approving authority, the Planning Department and the Township Engineer when the performance guaranty has been approved and accepted by the governing body.
(5)
Prior to beginning construction, the developer shall arrange for a preconstruction conference between the developer, contractor and Township Engineer. All improvements and utility installations shall be inspected during the time of their installation under the supervision of the Township Engineer to ensure satisfactory completion. The Township Engineer shall be notified by the developer five days in advance of the start of construction. The cost of said inspection shall be the responsibility of the developer. The developer shall reimburse the municipality for all reasonable inspection fees by submitting a certified check or bank money order to the Township Clerk upon receipt of a bill from the municipality. This fee shall be in addition to the amount of the performance guaranty and all applications fees and computed as follows:
(a)
The construction inspection fee is to be $500 or 5% of the estimated cost of constructing the improvements, whichever is greater, which estimate is to be prepared and submitted by the developer's engineer and approved by the Township Engineer with the concurrence of the governing body. In addition to the basic inspection fee of 5%, any extraordinary fees incurred by the Township as the result of the retention of special consultants shall also be the obligation of the developer, and the developer shall reimburse the Township.
(b)
Improvement costs, as estimated in this section, shall be defined to include construction and installation cost of grading, pavement, surveyor's monuments, drainage structures, storm sewers, sanitary sewers and other means of sewage disposal, water mains, fire protection features, streets, gutters, curbs, culverts, sidewalks, streetlighting, shade trees, parking areas, landscaping, street signs, erosion control and sedimentation control devices, public improvements of open space and other on-tract improvements.
(6)
No work shall be done without permission from the Municipal Engineer. No underground installation shall be covered until inspected and approved. The Township Engineer's office shall be notified after each of the following phases of work has been completed so that he may inspect the work: road subgrade, curb and gutter forms, curbs and gutters, road paving (after each coat in the case of priming and sealing), drainage pipes and other drainage structures before backfilling, shade trees and planting strips, street name signs and monuments.
(7)
Electrical, gas, telephone and all other utility installations installed by utility companies shall not be subject to the inspection requirements contained herein.
(8)
Occupancy permits will be issued only when the installation of curbs, utilities, approved water supply and sewage treatment facilities, necessary storm drainage to ensure proper drainage of the lot and surrounding land, rough grading of lots, soil stabilization, base and top course for the street and driveway and sidewalks are installed to serve the lot and structure for which the permit is requested. Shade trees shall not be planted until all grading and earth moving is completed. Seeding of grass areas shall be the final operation.
(9)
Inspection by the Township Engineer of the installation of improvements and utilities shall not subject the municipality to liability for claims, suits or liability of any kind that may arise because of defects or negligence, it being recognized that the responsibility to provide proper utilities and improvements and to maintain safe conditions at all times on all parts of the tract, whether construction is waiting to start, is in progress or is completed, or any combination of conditions on all or part of the tract, is upon the developer and his contractors or subcontractors, if any.
(10)
After completing the construction of the improvements covered by the performance guaranty, the developer shall prepare two sets of the improvements and utility plans and the profiles amended to read "as constructed" and apply to the governing body for final inspection of the work. The Township Engineer shall, within 45 days of completing the inspection, report, in writing, to the governing body indicating either approval, partial approval or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(11)
The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the Township Engineer and shall notify the obligor, in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto not later than 45 days after receipt of the report prepared by the Township Engineer. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the governing body to send or provide such notification to the obligor within 45 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from liability, pursuant to such performance guaranty.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(12)
If any portion of the required improvements is rejected, the approving authority may require the obligor to complete such improvements; and upon completion, the same procedure of notification as set forth in this section shall be followed.
(13)
The approval of any plat under this chapter by the approving authority shall in no way be construed as acceptance of any street, drainage system or other improvement required by this chapter, nor shall such plat approval obligate the Township in any way to maintain or exercise jurisdiction over such street, drainage system or other improvement. Acceptance of any street, drainage system or other improvement shall be implemented only by favorable action by the governing body.
(14)
Maintenance guaranty. No improvement shall be accepted by the governing body unless and until all of the following conditions have been met:
(a)
The Municipal Engineer shall have certified, in writing, that all the improvements are complete and that they comply fully with the requirements of this chapter and of other applicable local ordinances.
(b)
Provision for a maintenance guaranty to be posted with the governing body 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. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or that 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 municipality for such utilities or improvements.
(15)
An irrevocable letter of credit issued in a form approved by the Township Attorney and by a bank approved by the Township shall be accepted in lieu of a performance bond issued by a surety company as an acceptable performance guaranty. An irrevocable letter of credit shall not, however, take the place of any required cash bond.
§ 550-22 Developer contributions for maintenance of detention and retention basins.
[Added 3-11-2003 by Ord. No. 13-2003]
A.
As a condition of preliminary approval and prior to conveyance of any of the subdivided lots, the developer shall deposit with the Township sufficient funds to provide for the maintenance of any detention or retention basins which are to be dedicated to the Township. The amount of the contribution for maintenance shall be determined by the Township Engineer, which shall be an amount sufficient to maintain the facilities for a period of 25 years. The contribution to be determined by the Township Engineer shall take into consideration at least the following factors: the costs of labor and equipment to maintain the facilities on a routine basis, and to do so in accordance with proper maintenance and landscaping practices. There is attached hereto a worksheet for determining developer contribution for detention basin maintenance, entitled "Exhibit A."[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
B.
The amount to be deposited by any developer shall be fixed and determined prior to the execution of a developer's agreement with the Township and shall be deposited with the Township prior to execution of the final developer's agreement and/or execution of the final subdivision plat or final site plan by the Mayor and Township Clerk.
C.
Maintenance of the stormwater management facilities shall address the following:
(1)
Control of weed growth.
(2)
Maintenance of grass turf.
(3)
Control of sediments.
(4)
Bank determination.
(5)
Control of mosquitoes and other insects.
(6)
Monthly inspections for debris and litter.
(7)
Yearly inspection of all other drainage structures within the detention basin.
(8)
Yearly replacement of dead trees within the detention basins.
§ 550-23 Zoning permits and certificates of occupancy; fees.
A.
No zoning permit, building permit or certificate of occupancy shall be issued for any parcel of land or structure which was sold or on which improvements were undertaken in violation of the provisions of this chapter or for use of a lot which was created by subdivision after the effective date of and not in conformity with the provisions of this chapter. No site improvements, such as but not limited to additions, patios, decks, fences, detached garages, sheds, excavation or construction of public or private improvements, shall be commenced except in conformance with this chapter in accordance with plat approvals and the issuance of required permits.
[Amended 10-5-2010 by Ord. No. 23-2010; 10-28-2014 by Ord. No. 22-2014]
B.
A zoning permit shall be issued by the Zoning Officer before the issuance of either a certificate of occupancy to a new occupant of an existing building or portions of an existing building or before the issuance of a building permit.
C.
It shall be unlawful to use or permit the use of any building or part thereof hereafter created, erected, changed, converted, altered or enlarged, wholly or in part, until a certificate of occupancy shall have been issued by the Zoning Officer; and no certificate shall be issued unless the land, building and use thereof comply with this chapter; all matters incorporated on the approved subdivision or site plan have been completed and certified by the Township Engineer; and the building and health codes are complied with.
D.
Each request for a zoning permit and a certificate of occupancy shall be accompanied by a check payable to the Township of Mount Olive in the amount of $25 for a residential zoning permit and $100 for a nonresidential zoning permit.
[Amended 6-15-2004 by Ord. No. 12-2004; 10-5-2010 by Ord. No. 23-2010; 10-15-2024 by Ord. No. 32-2024]
E.
Where subject property is governed by rules and regulations of an association, the zoning permit application shall include documentation that said association has authorized the submission of the application for the proposed use and/ or site improvement( s).
[Added 11-10-2020 by Ord. No. 21-2020]
§ 550-24 Planning Board.
A.
Continuation of Planning Board. The Planning Board, as heretofore established, shall be and is hereby continued with all powers and duties as described herein.
B.
Planning Board membership; terms.
(1)
There shall be a nine-member Planning Board, the membership of which shall consist of the following four classes:
(a)
Class I: the Mayor or the Mayor's designee in the absence of the Mayor;
(b)
Class II: one of the officials of the Township other than a member of the governing body, to be appointed by the Mayor; provided that if there be an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member for purposes of this section in the event that there be among the Class IV or alternate members of the Planning Board a member of the Board of Education.
(c)
Class III: a member of the governing body to be appointed by it.
(d)
Class IV: other citizens of the Township, to be appointed by the Mayor. The members of Class IV shall hold no other municipal office, position or employment except that one such member may be a member of the Historic Preservation Commission. Not more than one member of the Board of Education may be a Class IV member of the Planning Board. If and while there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member, unless there be among the Class IV or alternate members of the Planning Board a member of the Historic Preservation Commission and a member of the Board of Education, in which case the member common to the Planning Board and Environmental Commission shall be deemed a Class II member of the Planning Board. For the purpose of this section, membership on a Township board or commission whose function is advisory in nature, and the establishment of which is discretionary and not required by statute, shall not be considered the holding of municipal office.
(2)
The term of the member composing Class I shall correspond to such member's official tenure. If such member is the Mayor's designee in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's official tenure. The terms of the members composing Class II and Class III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first. The term of a Class IV member who is also a member of the Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first. To the greatest practicable extent, the expiration of the terms of all Class IV members shall be distributed so that concurrent term expirations are avoided, provided that the initial Class IV term for no member shall exceed four years. After the establishment of the Board's membership as aforesaid, the Class IV term of each member shall be four years. If a vacancy in any class shall occur otherwise than by expiration of the Planning Board term, it shall be filled by appointment, as above provided for the unexpired term.
(3)
No member of the Planning Board shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest. Any member other than a Class I member, after a public hearing if requested, may be removed by the governing body for cause.
(4)
The terms of appointment of any current Planning Board shall continue, and new members shall be appointed to expired terms.
(5)
The Mayor may appoint a designee to serve at his pleasure, provided a letter of appointment is filed with the Township Clerk. Any person appointed shall serve until a letter of appointment of another person is filed with the Township Clerk.
(6)
All members of the Board, except the Class II member, shall be municipal residents.
C.
Alternate members.
(1)
There shall be two alternate members of the Planning Board, both of whom shall be municipal residents. Alternate members shall be appointed by the appointing authority for Class IV members and shall meet the qualifications of Class IV members. Alternate members shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two years, except that the terms of the alternate members shall be such that the term of not more than one alternate member shall expire in any one year; provided, however, that in no instance shall the terms of the alternate members first appointed exceed two years. A vacancy occurring otherwise than by expiration of term shall be filled by the appointing authority for the unexpired term only.
(2)
No alternate member shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest. An alternate member may, after public hearing if requested, be removed by the governing body for cause.
(3)
Alternate members may participate in all matters but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
D.
Lack of quorum; substitute members. If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited from acting on a matter due to the member's personal or financial interest therein, the Chairperson of the Planning Board shall appoint such persons to serve as substitute members as may be necessary to constitute a quorum for that matter only. Any such substitute member shall have the same qualifications as a Class IV member of the Board, including completion of required educational courses.
E.
Organization of Planning Board; offices; expenses. The Planning Board shall elect a Chairperson and Vice Chairperson from the members of Class IV, and select a Secretary who may or may not be a member of the Planning Board or a municipal employee, and create and fill such other offices as established by ordinance. An alternate member shall not serve as Chairperson or Vice Chairperson of the Planning Board. The Board shall have legal counsel pursuant to contract at a fixed rate of compensation, who shall be an attorney at law of the State of New Jersey, other than the Municipal Attorney, and who shall be qualified to serve the Planning Board pursuant to Section 1:1-3 of the Rules and Regulations of the Planning Board adopted pursuant to N.J.S.A. 40:55D-8, as amended. The Board may also appoint a licensed professional engineer in the State of New Jersey in accordance with Section 1:104 of the Rules and Regulations of the Planning Board, who need not be the Township Engineer. The Board may also appoint or engage a licensed professional planner in the State of New Jersey pursuant to Section 1:1-5 of the Rules. The Board may also employ, contract for and fix the compensation of other staff and services as it may deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the governing body for its use. The governing body shall make provision in its budget and appropriate funds for the expenses of the Planning Board.
F.
Powers.
(1)
The Planning Board shall follow the provisions of this Code and the Municipal Land Use Law[2] and shall accordingly exercise its powers in regard to:
(a)
The Master Plan;
(b)
Subdivision control and site plan review;
(c)
The Official Map, if there be one;
(d)
The Zoning Ordinance;
(e)
Conditional uses;
(f)
Capital improvements program;
(g)
Variances and certain building permits in conjunction with subdivision, site plan and conditional use approval.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2)
The Planning Board shall also have the following powers formerly exercised by the Zoning Board of Adjustment:
(a)
Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative officer based on, or made in the enforcement of, the Zoning Ordinance.
(b)
Hear and decide requests for interpretation of the Zoning Map or Ordinance, or for decisions upon other special questions upon which the Board is authorized to pass by any zoning or Official Map ordinance in accordance with this chapter and the Municipal Land Use Law.
(c)
Variances.
[1]
Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any zoning regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship;
[2]
Where, in an application or appeal relating to a specific piece of property, the purposes of zoning would be advanced by a deviation from the Zoning Ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from such regulations; provided, however, that no variance from those departures enumerated in N.J.S.A. 40:55D-70d of this section shall be granted under this subsection; and provided that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to N.J.S.A. 40:55D-60a.
(d)
In particular cases and for special reasons, grant of a variance to allow departure from zoning regulations to permit a use or principal structure in a district restricted against such use or principal structure; an expansion of a nonconforming use; deviation from a specification or standard pursuant to N.J.S.A. 40:55D-67 pertaining solely to a conditional use; an increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4; an increase in the permitted density as defined in N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision; or a height of a principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district for a principal structure. A variance under the subsection shall be granted only by affirmative vote of at least five members.
(f)
No variance or other relief may be granted under the terms of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and Zoning Ordinance.
(g)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to N.J.S.A. 40:55D-32.
(h)
Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related to a street.
(i)
Hear appeals taken by any interested party affected by any decision of an administrative officer of the Township based on or made in the enforcement of the Zoning Ordinance or Official Map; provided, however, that nothing herein contained shall be construed as to require a developer to file an application for development with the Planning Board for action under any of its powers without prior application to an administrative officer.
(k)
Grant subdivision or site plan approval or conditional use approval whenever the proposed development requires approval by the Planning Board of the variance pursuant to Subsection d of N.J.S.A. 40:55D-70.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(l)
The Planning Board shall, at least once a year, review its decisions on applications and appeals for variances and prepare and adopt by resolution a report of its findings on Zoning Ordinance provisions which were the subject of variance requests and its recommendations for Zoning Ordinance amendment or revision, if any. The Board shall send copies of the report and resolution to the governing body.
(3)
The Planning Board may:
(a)
Participate in the review of programs or plans required by state or federal law or regulation;
(b)
Assemble data on a continuing basis as part of a continuous planning process; and
(c)
Perform such other advisory duties as are assigned to it by ordinance or resolution of the governing body for the aid and assistance of the governing body or other agencies or officers.
(4)
Whenever the proposed development requires approval of a subdivision, site plan or conditional use, and a variance pursuant to Subsection d of N.J.S.A. 40:55D-70, the Planning Board shall have the power to grant same in its capacity as the Zoning Board of Adjustment as per Subsection F(2).
[Amended 10-28-2014 by Ord. No. 22-2014]
(5)
Whenever relief is requested pursuant to this section, notice of the hearing on the application for development shall include reference to the request for a variance, or direction for issuance of a permit, as the case may be. The developer may elect to submit a separate application requesting approval of the variance or direction of the issuance of a permit and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance or direction of the issuance of a permit shall be conditioned upon grant of all required subsequent approvals by the Planning Board. No such subsequent approval shall be granted unless the approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and Zoning Ordinance.
(6)
The Planning Board shall have referral power whenever a development regulation, revision or amendment thereto is proposed. Prior to the adoption of any such regulation, revision or amendment, the Planning Board shall receive a true copy of the same as introduced by the governing body, and shall make and transmit to the governing body, within 35 days after referral, a report including identification of any provisions in the proposed regulation, revision or amendment which are inconsistent with the Master Plan, and any recommendations concerning these inconsistencies and any other matters as the Board deems appropriate. The governing body, when considering the adoption of such regulation, revision or amendment, shall review the report of the Planning Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. The failure of the Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the governing body from the requirements of this subsection. Nothing in this subsection shall be construed as diminishing the application of the provisions of N.J.S.A. 40:55D-32 if there be an Official Map, or Subsection a of N.J.S.A. 40:55D-62 to any zoning ordinance or any amendment or revision thereto.
(7)
The governing body may by ordinance provide for the reference of any matter or class of matters to the Planning Board before final action thereon by the governing body or municipal officer having final authority thereon. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by this subsection to another municipal body, such recommendation may be rejected only by a majority of the full authorized membership of such other body.
[Amended 10-28-2014 by Ord. No. 22-2014]
G.
Citizens' Advisory Committee; copies of applications for Environmental Commission.
(1)
The Planning Board may be assisted in its duties by a Citizens' Advisory Committee, which shall have no power to vote or take other action required of the Board, and which shall be appointed and serve at the pleasure of the Mayor.
(2)
If the Environmental Commission has prepared and submitted to the Planning Board an index of the natural resources of the Township of Mount Olive, the Planning Board shall make available to the Environmental Commission an informational copy of every application for development submitted to the Board. Failure of the Planning Board to make such informational copy available to the Environmental Commission shall not invalidate any hearing or proceeding.
H.
Capital improvement program.
(1)
The Planning Board may be authorized by the governing body from time to time to prepare a program of municipal capital improvement projects projected over a term of at least six years, and amendments thereto. Such program may encompass major projects being currently undertaken or future projects to be undertaken, with federal, state, county and other public funds or under federal, state or county supervision. The first year of such programs shall, upon adoption by the governing body, constitute the capital budget as required by N.J.S.A. 40A:4-43 et seq. The program shall classify projects in regard to the urgency and need for realization and shall recommend a time sequence for implementation. The program may also contain the estimate cost of each project and indicate probable operating and maintenance costs and probable revenues, if any, as well as existing sources of funds or the need for additional sources of funds for the implementation and operation of each project. The program shall, as far as possible, be based on existing information in the possession of the departments and agencies of the Township and shall take into account public facility needs indicated by the prospective development shown in the Master Plan or as permitted by other land use controls contained in this Code.
(a)
In preparing such program, the Planning Board shall confer, in a manner deemed appropriate by the Board, with the Mayor, the Chief Financial Officer, and other Township officials and agencies as well as the school board.
(b)
Any such programs shall include an estimate of the displacement of persons and establishments caused by each recommended project.
(2)
In addition to any of the requirements in Subsection H(1) of this section, whenever the Planning Board is authorized and directed to prepare a capital improvements program, every Township department, authority or agency shall, upon request of the Planning Board, transmit to the Board a statement of all capital projects proposed to be undertaken by such department, authority or agency, during the term of the program, for study, advice and recommendation by the Planning Board.
(3)
Whenever the Planning Board has prepared a capital improvement program as aforesaid, it shall recommend such program to the governing body, which may adopt such program with any modification approved by affirmative vote of a majority of the full authorized membership of the governing body and with the reasons for said modification recorded in its minutes.
(4)
Whenever the Planning Board shall have adopted any portion of the Master Plan, the governing body or other public agency having jurisdiction over the subject matter, before taking action necessitating the expenditure of any public funds, incidental to the location, character or extent of such project, shall refer the action involving such specific project to the Planning Board for review and recommendation in conjunction with such Master Plan and shall not act thereon, without such recommendation or until 45 days have elapsed after such reference without receiving such recommendation. This requirement shall apply to action by a housing, parking, highway, special district, or other authority, redevelopment agency, school board or other similar public agency, state, county or municipal.
I.
In the granting of hardship and use variances, a time limit of one year from the date of the variance approval shall be set, within which time the owner shall secure a building permit; otherwise, the variance granted shall be null and void unless otherwise extended by the Planning Board upon a showing that the circumstances under which the original variance was granted have not changed and for other good cause shown.
[Added 10-5-2010 by Ord. No. 23-2010]
[1]
Editor's Note: This ordinance also dissolved the Board of Adjustment. Voters of the Township of Mount Olive, by referendum held 11-3-2009, granted authority to the Planning Board to exercise all powers of a Board of Adjustment.
§ 550-25 Public hearings and notices.
[Amended 10-5-2010 by Ord. No. 23-2010]
Any development involving a portion of a flood hazard area shall be the subject of a public hearing. All public hearings conducted on site plans, variances or appeals pursuant to N.J.S.A. 40:55D-70a before the Planning Board shall follow the requirements of the Municipal Land Use Law as summarized below:
A.
Any maps and documents submitted for approval shall be on file and available for public inspection at least 10 days before the hearing date during normal business hours in the office of the administrative officer.
B.
The approving authority shall provide for the verbatim recording of the proceedings by either stenographic, mechanical or electronic means. Minutes of every regular or special meeting shall be made available for public inspection during normal business hours at the office of the Secretary of the Board. Any interested party shall have the right to request copy of minutes by filing an information request form with the Township Clerk. In accordance with § 164-1E, a copy of the minutes of the meetings of the Planning Board shall be free of charge.
[Amended 10-28-2014 by Ord. No. 22-2014]
C.
Each decision on any application shall be in writing and shall include findings of facts and conclusions based thereon.
(1)
A copy of the decision shall be mailed by the approving authority within 10 days of the decision to the applicant or, if represented by an attorney, then to the attorney; and a copy shall also be filed in the office of the administrative officer. In accordance with § 164-1E, a copy of the decision of the Planning Board shall be free of charge.
[Amended 10-28-2014 by Ord. No. 22-2014]
(2)
A brief notice of the decision shall also be published in the official newspaper of the municipality, the publication of which shall be arranged by the administrative officer. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.
D.
All notices shall state the date, time and place of the hearing, the nature of the matters to be considered and an identification of the property proposed for development by street addresses, if any, or by reference to lot and block numbers and the location and times at which any maps and documents are available for public inspection. Public notice of a hearing shall be given for the following applications/matters:
[Amended 10-28-2014 by Ord. No. 22-2014]
(1)
Application for preliminary approval of major subdivision.
(2)
Application which requires a variance, direction for issuance of permit per N.J.S.A. 40:55D-34 and 36; interpretation of Zoning Map or Zoning Ordinance per N.J.S.A. 40:55D-70(b); appeal of order of an administrative officer of the Township per N.J.S.A. 40:55D-70(a); certification of preexisting nonconforming use per N.J.S.A. 40:55D-68; or conditional use per N.J.S.A. 40:55D-67.
(3)
Application for preliminary site plan approval.
(4)
Extension of preliminary major subdivision or a preliminary site plan per N.J.S.A. 40:55D-49(d) or extension of final major subdivision or a final site plan per N.J.S.A. 40:55D-52(b) for period of five years or more.
(5)
Modification or elimination of a significant condition or conditions in memorializing resolution in any situation wherein the application for development to which the resolution pertains required public notice.
E.
All notices shall be the responsibility of the applicant, except as may be set forth above, and shall be given at least 10 days prior to the hearing date:
(1)
Public notice shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality.
(2)
Notice shall be given to the owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. This notice shall be given by either serving a copy thereof on the property owner as shown on said current tax duplicate or his agent in charge of the property or mailing a copy thereof, by certified mail, to the property owner at his address as shown on said current tax duplicate.
(3)
Notice to a partnership owner may made by service upon any partner. Notice to a corporate owner may be made by service upon its President, a Vice President, Secretary or other person authorized by appointment or by law to accept service on behalf of the corporation.
(4)
Notice of all hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given, by personal service or certified mail, to the Clerk of such municipality.
(5)
Notice shall be given, by personal service or certified mail, to:
(a)
The County Planning Board, where the hearing concerns a property adjacent to an existing county road or proposed road shown on the Official County Map or on the County Master Plan, adjoining other county land or situated within 200 feet of a municipal boundary.
(b)
The Commissioner of Transportation, where the hearing concerns a property adjacent to a state highway.
(c)
The State Planning Commission, where the hearing concerns a property which exceeds 150 acres or exceeds 500 dwelling units; and the notice to the Commission shall include a copy of any maps or documents required to be on file with the administrative officer.
F.
The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing. Any notice made by certified mail shall be deemed complete upon mailing.
§ 550-26 Site plan approval required.
A site plan approval is required for all developments except one- and two-family dwellings and farm buildings. Any site plan receiving final approval prior to the effective date of this chapter shall be subject to the provisions of the applicable Zoning and Site Plan Ordinance in effect on the date of its final approval. Public uses shall be subject to Planning Board review pursuant to N.J.S.A. 40:55D-31, Review of capital projects, and shall also be subject to site plan review by the Planning Board, as provided for in this chapter.
§ 550-27 Subdivision approval required; authority of Planning Board.
[Amended 10-28-2014 by Ord. No. 22-2014]
A.
The Planning Board shall approve all subdivisions. The Planning Board, when reviewing these applications, shall have the power to grant exceptions as noted in § 550-16, Exceptions. The Planning Board shall have the following authority:
(1)
Grant a variance from such strict application of the zoning regulations where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation of this chapter would result in peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the developer of such property in order to relieve such difficulties or hardship.
(2)
Whenever relief is requested pursuant to this section, notice of the hearing on the application for development shall include reference to the request for a variance or direction for issuance of a permit, as the case may be. Whenever an application for approval of a subdivision plat includes a request for a variance or the issuance of a permit, the Planning Board shall grant or deny approval of the application within 120 days after submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within this period shall constitute approval of the application.
(3)
Hearing notices and actions taken by the Planning Board, when reviewing a subdivision simultaneously with applications requiring considerations for conditional uses, variances or permits for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area or for permits for a building or structure not related to a street, shall be in accordance with § 550-25, Public hearings and notices.
(4)
In the event that the Planning Board disapproves a development plan, no building permit or certificate of occupancy shall be issued. Any applicant wishing to make a change in an approved application shall follow the same procedure as in the original application.
(5)
The Planning Board shall have the authority to permit a deviation from the final plan if caused by a change of conditions beyond the control of the developer since the date of final approval and if the deviation would not substantially alter the character of the development or substantially impair the intent and purpose of the Master Plan and the Zoning Ordinance.
B.
Whenever an applicant shall request a variance to allow a structure or use in a district restricted against such structure or use, the Planning Board shall have the power to grant subdivision approval in conjunction with its action on the use variance and may impose restrictions on the subdivision application.
C.
Conditional approval. Regulation of the development of land and the attachment of reasonable conditions to development applications is an exercise of valid police power delegated by the state to this municipality. The applicant has the duty of compliance with reasonable conditions laid down by the approving authority for design, dedication, improvements and the use of the land so as to conform to the physical and economical development of the municipality and to the safety and general welfare of the future residents and/or owners in the development and in the community at large. Where County Planning Board review or approval is required on a subdivision, the approving authority shall condition any approval it grants upon either timely receipt of a favorable report by the County Planning Board or approval by the County Planning Board due to its failure to submit a report within the required time period. If the county's report is negative or attaches conditions, the original action by the municipal approving authority shall be null and void and a new resolution shall be adopted which considers the County Planning Board's report.
D.
Exceptions. The approving authority, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the design standards in Article V of this chapter as may be reasonable and within the general purpose and intent of the provisions for subdivision review and approval 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.
E.
The approving authority shall have the power to review and approve or deny conditional uses or site plans simultaneously with a review for subdivision approval without the developer being required to make further application to the approving authority, or the approving authority being required to hold further hearings. The longest time period for action by the approving authority, whether it be for subdivision, conditional use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer in conjunction with a site plan or subdivision, notice of the hearing on the plat shall include reference to the request for such conditional use.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
F.
Exemptions from subdivision regulations. Divisions of land not considered a subdivision as defined in this chapter shall be exempt from compliance with the requirements of this chapter only after affirmation action by the approving authority. Such action shall be taken following submission of documentation to the approving authority showing the division of land for agricultural purposes where all resulting parcels are five acres or larger in size; divisions by testamentary or intestate provisions; divisions of property by court order; and conveyances so as to combine existing lots by deed or other instrument, as the case may be. Until exempted from the subdivision regulations by the approving authority, no person can transfer, sell or agree to transfer or sell, as owner or agent, any land which forms a part of a subdivision for which approval is required.