Pleasantville City Zoning Code
ARTICLE IX
Site Plan and/or Subdivision Approval Standards
§ 300-44 Consistency with other standards and regulations.
No application for site plan and/or subdivision plat approval shall be granted unless the Planning Board or Zoning Board of Adjustment, as the case may be, shall find that, in addition to complying with each of the standards made applicable to site plans and subdivision plats by this chapter, the proposed development complies, except to the extent waived, varied or modified pursuant to the provisions of this chapter, with all of the standards and conditions applicable in the zoning district in which it is proposed to be located; complies with any special standards applicable to the particular type of development being proposed or to the particular area in which the development is proposed or to any special approvals required in connection with such a development or area; and complies with all other federal, state, county and City laws, ordinances and regulations applicable to it.
§ 300-45 Adequacy of public improvements.
A.
No application for site plan and/or subdivision plat approval shall be granted unless the Planning Board or Zoning Board of Adjustment, as the case may be, shall find, pursuant to the provisions of this section, that the proposed use in the proposed location is or can and will be, by reason of the developer's compliance with conditions imposed pursuant to the provisions of this section, adequately served by and will not impose an undue burden upon the public improvements, sites and rights-of-way by which it will be served or benefited or which exist or are planned for installation within its boundaries or their immediate vicinity.
B.
Determination of necessary public improvements and special benefits.
(1)
Whenever an application for site plan and/or subdivision plat approval is filed with the Planning Board or Zoning Board of Adjustment, as the case may be, pursuant to this chapter, the Board shall determine what, if any, public improvements, whether on-tract or off-tract, are to be installed, constructed, improved or rehabilitated to serve or benefit the proposed development, and shall also determine whether any part of the subject property should be reserved for use as a public site or right-of-way. The Board shall base its determination on:
(a)
The nature and scope of the proposed development.
(b)
The provisions of this chapter specifically applicable to the type of development being proposed.
(c)
The provisions of the Master Plan, Capital Improvement Program, if any, Official Map and any other plans, programs or maps adopted by or under consideration pursuant to public notice by the City or other governmental agencies having jurisdiction to guide growth and development.
(d)
The provisions of this chapter and other development regulations adopted by the City or other governmental agencies having jurisdiction, with particular attention to any such provisions specifically applicable to the type of development being proposed or the area in which it is proposed and special restrictions or conditions on such developments or areas, and the studies, reports and opinions of City departments, officials and consultants having special knowledge, expertise or responsibility with respect to the development, improvements or conditions under consideration.
(2)
In determining whether the installation, construction, improvement or rehabilitation of a public improvement is necessary to serve the proposed development, the Planning Board or Zoning Board of Adjustment, as the case may be, shall be guided by the principle that no new development should be allowed to utilize existing capacity of a public improvement unless such improvement, in its existing condition or with such improvements as have already been authorized for completion as general improvements to be paid for out of public funds already appropriated for the purpose, has adequate capacity to meet the full demands that would be placed upon it if all reasonably foreseeable public and private development planned or permitted pursuant to the Master Plan and chapter were to occur.
(3)
In the event that the Planning Board or Zoning Board of Adjustment, as the case may be, shall determine, pursuant to Subsection B(1) above, that one or more on-site public improvements are necessary to serve the proposed development, the Board shall require the installation of such improvements as a condition to the approval of any site plan and/or subdivision plat. In such event, the developer shall, as provided in § 300-45D, estimate the cost thereof and provide such information to the City Engineer.
(4)
In the event that the Planning Board or Zoning Board of Adjustment, as the case may be, shall determine, pursuant to Subsection B(1) above, that either a public site or a public right-of-way or public improvement that will not serve the subject development is required on the subject tract, the applicant shall proceed as provided in § 300-45E.
(5)
In the event that the Planning Board or Zoning Board of Adjustment, as the case may be, shall determine, pursuant to Subsection B(1) above, that one or more off-tract public improvements are necessary to serve the subject development, the Board shall determine, as to each such improvement, whether the improvement will specially benefit only the subject property or will benefit other properties in addition to the subject property.
(6)
In the case of any such improvement that will benefit only the subject property, the Planning Board or Zoning Board of Adjustment, as the case may be, shall require the installation of such improvement. In such event, the developer shall, as provided in § 300-45F, estimate the cost thereof and provide such information to the City Engineer.
(7)
In the case of any such improvement that will benefit other properties in addition to the subject property, the Planning Board or Zoning Board of Adjustment, as the case may be, shall determine the extent to which each benefited property, including the subject property, is benefited and also the extent to which the improvement results in a general benefit not specifically attributable to any specific property and shall apportion the cost of such improvement and require its installation. In such event, the developer shall, as provided in § 300-45G, estimate the cost and apportionment thereof and provide such information to the City Engineer.
(8)
In determining which properties are specifically benefited by a public improvement, the Planning Board or Zoning Board of Adjustment, as the case may be, shall be governed by the interpretation given by the New Jersey Supreme Court to the term "special or peculiar benefit" in N.J.S.A. 40:56-27. In apportioning the benefit among the benefited properties and the general benefit, the Board shall be generally guided by the principles applicable to the apportionment of special benefits in connection with local improvements subject to N.J.S.A. 40:56-1 et seq.
(9)
When, in performing its duties hereunder, the Planning Board or Zoning Board of Adjustment, as the case may be, determines that a property, other than the subject property, will be benefited by an improvement to be installed as a condition of its approval of the subject application, it shall require the developer to give the owner of each such property, as shown in the latest property tax records, notice thereof. The Board shall provide such entities a reasonable opportunity to be heard thereon and shall either delay approval of the subject application pending such notice and hearing, or shall condition such approval to permit revisions in its determination made pursuant to this subsection based upon information obtained at such hearing.
(10)
In performing its duties hereunder, the Planning Board or Zoning Board of Adjustment, as the case may be, shall enlist the assistance of the City Engineer or such other City officials, employees and consultants as have special knowledge or expertise in estimating and apportioning the costs and benefits of public improvements.
(11)
The requirements for public improvements and the developers' responsibility with respect to their provision and installation pursuant to this subsection shall be deemed to be the minimum requirements applicable to all developments requiring site plan/subdivision approval but otherwise permitted as a matter of right in the zoning district proposed. Additional requirements applicable to developments requiring certain discretionary approvals pursuant to the provisions of this chapter may be imposed pursuant to § 300-45H.
C.
On-tract public improvements serving the subject development.
(1)
The developer of every proposed development shall be required, as a condition of any approval pursuant to this chapter, to provide all on-tract, whether on-site or off-site, public improvements to which the subject development will be connected or by which it will be served or benefited.
(a)
Except as noted in Subsection C(2) below, all such improvements shall be designed, sized and installed in accordance with the Master Plan, any capital improvement program, the Official Map, this chapter, and such other plans, programs, maps and ordinances adopted by or under consideration pursuant to public notice by the City or other governmental agencies having jurisdiction to guide growth and development at the time the first application in connection with such development is filed.
(b)
In the absence of any such plan, program, map or ordinance, the public improvements shall be required, designed, sized and installed in accordance with the City Engineer's determination based on good engineering practice and all available information concerning present and future needs. The cost of providing and installing such improvements shall be paid in accordance with the provisions of Subsection C(3) below.
(2)
The Planning Board or Zoning Board of Adjustment, as the case may be, may, as a condition of any approval required to be given by it pursuant to this chapter, require the installation of a public improvement of greater size or capacity than required by Subsection C(1) above when it deems such greater size or capacity to be necessary in light of factors not known or considered at the time the aforesaid plan, program, map or ordinance was adopted or placed under consideration. If such factors relate solely to the development under consideration, the increased cost due to installing such greater size or capacity public improvement shall be paid in accordance with the provisions of Subsection C(3) below. If such factors do not relate solely to such development, such increased cost shall be paid in the same manner as provided in § 300-45G for off-tract improvements benefiting more than one tract.
(3)
Except as provided in Subsection C(2) above, it shall be a condition of every approval granted pursuant to this chapter that all public improvements required to be installed pursuant to this subsection shall be installed at the sole cost and expense of the developer. The City Engineer shall, as part of his/her review of detailed plans, specifications and cost estimates pursuant to § 300-49, estimate the cost of all such improvements, and the developer shall, as a condition to final plan/plat approval, provide performance and maintenance guaranties pursuant to § 300-49, to ensure the timely and proper installation of such improvements. The developer shall be responsible for installing all improvements required pursuant to this subsection, and for that purpose shall engage only properly licensed and qualified contractors and subcontractors for the type of work involved; provided, however, that where an ongoing or proposed City Public Improvement Program offers a more efficient and orderly vehicle for installing such improvements, the Planning Board or Zoning Board of Adjustment, as the case may be, may require such improvements to be installed by the City as part of such program and require the developer to pay the cost thereof.
D.
On-tract public sites, on-tract public rights-of-way and public improvements not serving the subject development.
(1)
Whenever the Master Plan, Capital Improvement Program, Official Map or other plan, program, map or ordinance adopted, or under consideration pursuant to official notice, by the City provides for the reservation on the subject property of a public site not associated with a public improvement or for the reservation of a public right-of-way or the installation of a public improvement, which right-of-way or improvement will not serve or benefit the subject tract, the Planning Board or Zoning Board of Adjustment, as the case may be, may, pursuant to the procedure set out in Subsection D(3) below and as a condition of any approval required pursuant to this chapter, require such site, right-of-way or improvement to be shown on the plans or plats of the proposed development in a manner, size and location consistent with the City plan, program, map or ordinance in question and may reserve the necessary land areas for such site, right-of-way or improvement for a period of one year or such further time as may be agreed to by the developer following final site plan subdivision plat approval. Unless during such period, or an agreed extension thereof, the City shall have entered into a contract to purchase, or shall have instituted condemnation proceedings according to law to acquire, the fee or a lesser interest in the reserved land area, the developer shall not be bound by such reservation and may proceed to use such land for private use in accordance with applicable development regulations.
(2)
The developer shall be entitled to just compensation for the actual loss found to be caused by any temporary reservation and deprivation of use pursuant to Subsection D(1) above. Unless a lesser amount has been mutually agreed upon, just compensation shall be deemed to be the fair market value of an option to purchase the land reserved for the period of reservation, provided that determination of such fair market value shall include, but not be limited to, consideration of the real property taxes apportioned to the land reserved and prorated for the period of reservation.
(3)
The developer shall also be compensated for the reasonable increased cost of legal, engineering or other professional services incurred as a result of the reservation in connection with obtaining site plan and/or subdivision approval. The compensation payable pursuant to this subsection shall be determined in accordance with the provisions of Subsection D(4) below.
(4)
Upon submission to the Planning Board or Zoning Board of Adjustment, as the case may be, of an application for site plan and/or subdivision approval for a land area subject to reservation pursuant to Subsection D(1) above, the Board Secretary shall, in addition to the usual distribution of such application, forward a copy thereof to the City Council with a report summarizing the provisions of the City plan, program, map or ordinance, indicating the need for the reservation, providing a current assessment of the public need for such reservation and setting forth the date upon which the Board is expected to take final action on the application. Before such date, the City Council shall decide upon, and give the Board notice of, one of the following courses of action to be followed:
(a)
The City shall forego the right to reserve the land area in question. The Board then shall consider the proposed development as if no such right existed.
(b)
The City Council has, prior to the date set for final action on the application, negotiated a price for the acquisition of any interests in land necessary, a program for the installation of any public improvements and an agreement as to any incidental compensation which may be due, and all approvals granted by the Board shall reflect such agreements.
(5)
Should the City Council fail to so notify the Planning Board or Zoning Board of Adjustment, as the case may be, the Board shall proceed as if notified and pursue the course of action set out in Subsection D(4)(a) above.
(6)
Should the City Council elect to proceed pursuant to Subsection D(4)(c) above and then fail to negotiate compensation or to institute condemnation proceedings during the reservation period, the reservation shall expire, and the City Council shall, within 30 days following the end of the reservation period, tender to the developer an amount considered by it to be just compensation for all compensable claims of the developer, pursuant to Subsection D(1) above, arising out of the temporary reservation. The developer shall either accept and, in writing, acknowledge his acceptance of such tender in full settlement of his claim for compensation or shall institute an appropriate action for judicial determination and enforcement of his claim.
E.
Off-tract public improvements specially benefiting only the subject development.
(1)
The developer of every proposed development shall be required, as a condition of the grant of any approval pursuant to this chapter, to provide all off-tract public improvements which are necessary to serve or which benefit the subject property and which provide no special benefit to any other property. Except as noted in Subsection E(2) below, all such improvements shall be required, designed, sized and installed in accordance with the Master Plan, Capital Improvement Program, if any, Official Map, this chapter and such other plans, programs, maps and ordinances adopted by or under consideration pursuant to public notice by the City or other governmental agencies having jurisdiction to guide growth and development at the time the first application in connection with such development is filed. In the absence of any such plan, program, map or ordinance, the public improvements shall be required, designed, sized and installed in accordance with the City Engineer's determination based on good engineering practice and all available information concerning present and future needs. The cost of providing and installing such improvements shall be paid in accordance with the provisions of Subsection E(3) below.
(2)
The Planning Board or Zoning Board of Adjustment, as the case may be may, as a condition of any approval required to be given by it pursuant to this chapter, require the installation of a public improvement of greater size or capacity than required by Subsection E(1) above when it deems such greater size or capacity to be necessary in light of factors not known or considered at the time the aforesaid plan, program, map or ordinance was adopted or placed under consideration. If such factors relate solely to the development under consideration, the increased cost due to installing such greater size or capacity public improvement shall be paid in accordance with Subsection E(3) below. If such factors do not relate solely to such development, such increased cost shall be paid in the same manner as provided in Subsection F below for off-tract improvements benefiting more than one tract.
(3)
Except as provided in Subsection E(2) above, it shall be a condition of every approval granted pursuant to this chapter that all public improvements required to be installed pursuant to this subsection shall be installed at the sole cost and expense of the developer. The City Engineer shall, as part of his review of detailed plans, specifications and cost estimates pursuant to § 300-49, estimate the cost of all such improvements, and the developer shall, as a condition to final plan or plat approval, provide performance and maintenance guaranties pursuant to § 300-49 to ensure the timely and proper installation of such improvements. The developer shall be responsible for installing all improvements required pursuant to this subsection, and for that purpose shall engage only such properly licensed and qualified contractors and subcontractors as have been approved by the City Engineer for the type of work involved; provided, however, that where an ongoing or proposed City Public Improvement Program offers a more efficient and orderly vehicle for installing such improvements, the Board may require such improvements to be installed by the City as part of such program and require the developer to pay the cost thereof.
F.
Off-tract improvements specifically benefiting more than the subject development.
(1)
Except as provided in Subsection F(3) below, the developer of every proposed development shall be required, as a condition of the grant of any approval pursuant to this chapter, to provide all off-tract public improvements which are necessary to serve, or which benefit, the subject property, even though such improvements may also specially benefit other properties. Except as noted in Subsection F(2) below, all such improvements shall be required, designed, sized and installed in accordance with the Master Plan, Capital Improvement Program, if any, Official Map, this chapter and such other plans, programs, maps and ordinances adopted by or under consideration pursuant to public notice by the City or other governmental agencies having jurisdiction to guide growth and development at the time the first application in connection with such development is filed. In the absence of any such plan, program, map or ordinance, the public improvements shall be required, designed, sized and installed in accordance with the City Engineer's determination based on good engineering practice and all available information concerning present and future needs. The cost of providing and installing such improvements shall be paid in accordance with the provisions of Subsection F(3) below.
(2)
The Planning Board or Zoning Board of Adjustment, as the case may be, may, as a condition of any approval required to be given by it pursuant to this chapter, require the installation of a public improvement of greater size or capacity than required by Subsection F(1) above when it deems such greater size or capacity to be necessary in light of factors not known or considered at the time the aforesaid plan, program, map or ordinance was adopted or placed under consideration. The costs due to installing such greater size or capacity shall be apportioned and paid in the same manner as other costs pursuant to Subsection F(3) below.
(3)
It shall be a condition of every approval granted pursuant to this chapter, that all public improvements required to be installed pursuant to this subsection shall be installed at the sole cost and expense of the developer. Such approval shall, however, provide that the developer shall be entitled to reimbursement (recapture) in the manner and to the extent authorized by Subsection F(4) below.
(4)
Determination of reimbursement/recapture amount.
(a)
Whenever a public improvement, or any portion thereof, required to be installed pursuant to this subsection is installed at the sole cost and expense of a developer, or at any cost and expense to such developer greater than his pro rata share of the cost of such improvement as specified in Subsection F(3), the developer shall be entitled to reimbursement of his costs and expenses if, when and as other properties determined to be specifically benefited by such improvement subsequently seek approval for any development that will be served or benefited by such improvement. The amount of such reimbursement shall not exceed the difference between the amount of such cost and expense paid by such developer and such developer's pro rata share of the cost of such improvement.
(b)
In any such case, the approval of the application for the subject property shall include a determination by the Planning Board or Zoning Board of Adjustment, as the case may be, pursuant to this section, of all properties specially benefited by the improvement and of the value to each such property. The results of said determination and notice of the obligations on each property pursuant thereto shall be recorded by the Zoning Officer in the records of the Atlantic County Recording Officer with respect to each such benefited property.
(c)
Thereafter, no approval or permit required by this chapter or any other ordinance of the City with respect to any subsequent development resulting in the use of, connection to or enjoyment of any benefit from such improvement by any such benefited property shall be granted or issued unless and until the subsequent developer of such benefited property shall have paid the original developer and any other prior developers contributing to the cost and expense of such improvement an amount calculated pursuant to the following formula, which was developed to establish a fair cost-sharing for off-site infrastructure extensions. Such formula's primary ingredients are:
[1]
Capacity usage from each participant as a portion of the total capacity of the system and the extension quantity (typically distance or area), which ultimately equates to cost.
[2]
Pro-rata cost share shall be calculated by multiplying the recapture amount by the anticipated usage divided by the total estimated usage of the affected portion of the system. The recapture amount is the total estimated or actual improvement cost less the subject tract improvement cost. By way of example:
Roadway Reimbursement = | |||
Length of Property Line along Roadway x Cost of One l.f. of Road\Two x Half Width of Roadway | |||
Where Cost of One l.f. of Road = | Total Cost of Road Construction\Total Length of Road | ||
Storm Sewer Reimbursement = | |||
Acreage of Property to be Developed x Cost of One Unit of Storm Sewer Infrastructure | |||
Where Cost of One Unit of Storm Sewer Infrastructure = | |||
Total Cost of Storm Sewer Construction\Total Acreage to be Serviced by Storm Sewer1 | |||
Sanitary Sewer Reimbursement = | |||
Total Cost for Pipe Installation\Total Number of EDUs* to be Serviced | |||
NOTES: | ||
|---|---|---|
1 | Including acreage within rights-of-way. | |
* | The City Engineer shall determine other existing or potential off-site development that may benefit from the proposed improvements and shall take any EDUs1 anticipated from such development into consideration when making his/her determination of usage. | |
1 Equivalent Dwelling Unit. Assumes one EDU = one single-family dwelling. The City Engineer shall determine an appropriate EDU factor for apartments, condominiums or other multifamily residential development. | ||
For commercial development, the City engineer shall estimate the sewer usage for the proposed use. For the purpose of determining reimbursement, it will be assumed that one EDU is equivalent to 300 gallons per day of sewer discharge. | ||
For sizing new pump stations or upgrades to existing pump stations, the capacity of the station or increased capacity in gallons per day will be converted to EDUs by assuming one EDU to be equivalent to 300 gallons per day. | ||
For other improvements to the system, the City Engineer will determine the total number of benefited users to share in the cost of the improvement. |
[3]
The City Engineer shall use the foregoing formula as a guide and shall be empowered to make adjustments as he/she deems necessary based on the individual circumstances encountered.
[4]
The procedures described herein apply to public utilities only. Provisions for recapture of costs for the installation of infrastructure provided by private utility companies [i.e., New Jersey American Water (potable water), South Jersey Gas (natural gas), Atlantic City Electric (electricity)] shall be as determined by the private utility provider.
§ 300-46 Elimination of impacts of specified developments.
A.
General standard.
(1)
The requirements set forth in § 300-45 for public improvements and public sites shall be deemed the minimum requirements necessary to protect the public health, safety and welfare in connection with all developments requiring site plan and/or subdivision approval but otherwise permitted as a matter of right as permitted uses in the various zoning districts established by this chapter.
(2)
In addition to such requirements, the Planning Board or Zoning Board of Adjustment, as the case may be, shall have authority, in connection with its review and approval of any site plan and/or subdivision plat for any proposed development requiring variance approval, to impose as a condition on any of said discretionary approvals and on any related site plan and/or subdivision approval pursuant to this chapter, additional requirements intended and designed to eliminate or ameliorate the physical, economic and social impacts of the proposed development on its immediate environs and on the general health, safety and welfare of the City and its residents and visitors.
(3)
No application for such a development shall be granted unless the Planning Board or Zoning Board of Adjustment, as the case may be, shall find, pursuant to the provisions of § 300-46B and the provisions of this chapter applicable to the granting of the aforesaid discretionary approvals, that the proposed use in the proposed location will not result in any undue adverse physical, economic or social impacts upon its immediate environs or the general health, safety and welfare of the City, its residents and its visitors, which will not be eliminated by reason of the developer's compliance with conditions imposed pursuant to § 300-46B and the provisions of this chapter applicable to the aforesaid discretionary approvals.
B.
Determination of need for special conditions.
(1)
Whenever an application for site plan and/or subdivision approval for a development requiring variance approval is filed with the Planning Board or Zoning Board of Adjustment, as the case may be, pursuant to this chapter, the Board shall determine what, if any, conditions on those approvals, in addition to or in lieu of conditions to be imposed pursuant to § 300-45, are necessary to eliminate any undue, adverse physical, economic or social impacts of the proposed development on its immediate environs and on the general health, safety and welfare of the City, its residents, businesses and visitors. Such conditions may relate to the provisions of:
(a)
Public improvements;
(b)
Public sites and rights-of-way;
(c)
On-tract and on-site improvements, facilities, landscaping and amenities and services; and
(d)
Contributions to general public programs and projects designed to respond to the adverse impact in question; or
(e)
Any other matter found by the Board to be reasonably necessary to eliminate any undue adverse physical, economic or social impact which would be imposed by or have a rational nexus with the proposed development.
(2)
The Planning Board or Zoning Board of Adjustment, as the case may be, shall base its determination on:
(a)
The nature and scope of the proposed development;
(b)
The provisions of this chapter specifically applicable to the type of development being proposed and the specific type of discretionary approval sought;
(c)
The provisions of the Master Plan, Capital Improvement Program, if any, Official Map and any other plans, programs or maps adopted by or under consideration pursuant to notice by the City or other governmental agencies having jurisdiction to guide growth and development;
(d)
The provisions of this chapter and other development regulations adopted by the City or other governmental agencies having jurisdiction, with particular attention to any such provisions specifically applicable to the type of development being proposed or the area in which it is proposed and any special restrictions or conditions on such development or areas; and
(e)
The studies, reports and opinions of City departments, officials and consultants having special knowledge, expertise or responsibility with respect to the development, improvements or conditions under consideration.
(3)
In determining whether conditions are necessary to eliminate adverse impacts of a development requiring variance approval, the Planning Board or Zoning Board of Adjustment, as the case may be, shall be guided by the principles set forth in § 300-45, and by the following additional principles:
(a)
That such approvals are discretionary;
(b)
That the uses permitted by right in the various zoning districts reflect a careful balancing of the rights of the owners against the lawfully cognizable concerns of the public;
(c)
That uses requiring variance approval are placed in a special category because they impose unusual burdens on the public while conferring special benefits on the owner; and
(d)
That the public has the right and duty to insist that those seeking such special benefits accept the responsibility for responding to and eliminating those unusual burdens which are found to have a rational nexus with the special approval sought or the development proposed.
(4)
Neither the fact that a specific condition could have been imposed pursuant to § 300-45 nor the fact that such a condition is not authorized by said subsection shall prevent its imposition pursuant to this section in the case of any development variance approval pursuant to the provisions of this chapter.
(5)
In the event that the Planning Board or Zoning Board of Adjustment, as the case may be, shall determine, pursuant to this section, that conditions are required to eliminate any undue adverse physical, economic or social impacts of a development requiring variance approval, it shall condition its grant of the aforesaid approvals and its grant of site plan and/or subdivision approval pursuant to this chapter as necessary to eliminate such impacts.
C.
The cost of meeting any condition imposed pursuant to this section shall be borne solely by the developer upon which the condition is imposed, unless the Planning Board or Zoning Board of Adjustment, as the case may be, shall find that just cause exists for granting rights of reimbursement to the extent and in the manner provided in § 300-45E on the basis of the extent of the cost and expense of meeting the condition imposed in relation to the value of the development for which variance approval is sought, the degree to which the condition will specifically benefit other specific properties and the degree to which the subject property has or is likely to benefit, without cost or expense, from similar conditions imposed upon other properties seeking similar discretionary approvals. In the event that the Board shall make such determination, the provisions of § 300-45 with respect thereto shall apply.
§ 300-47 Installation of public improvements, sites and rights-of-way.
A.
No application for site plan and/or subdivision approval shall be granted unless the Planning Board or Zoning Board of Adjustment, as the case may be, shall find that the proposed development is adequately served by public improvements, either existing or to be provided by the developer pursuant to § 300-45 and/or § 300-46 above, which are in compliance with the provisions of the Master Plan, any capital improvement program, the Official Map and this chapter.
B.
Sight triangles at street corners. Except as provided in § 300-58E(6) regarding freestanding/pole signs, no building, structure, landscaping or other obstruction to sight shall be located within the space between 2 1/2 feet and nine feet above t.o.c., or the street line where curbs are not present, within a triangle formed by connecting the center lines of any two intersecting streets as herein provided. The sight triangles herein specified shall be as follows:
 |
Road "1" | Road "2" | A (feet) | B (feet) | C (feet) | D (feet) | |
|---|---|---|---|---|---|---|
Local street | Local street | 60 | 60 | 90 | 90 | |
Minor collector | Local street | 70 | 60 | 200 | 90 | |
Minor collector | Minor collector | 70 | 70 | 200 | 90 | |
Major collector | Local street | 90 | 60 | 200 | 90 | |
Major collector | Minor collector | 90 | 70 | 200 | 90 | |
Major collector | Major collector | 90 | 90 | 200 | 90 | |
Arterial | Local street | 100 | 60 | 300 | 90 | |
Arterial | Minor collector | 100 | 70 | 300 | 90 | |
Arterial | Major collector | 100 | 90 | 300 | 90 | |
Arterial | Arterial | 100 | 100 | 300 | 90* |
NOTES: | ||
|---|---|---|
* | Each arterial road is to be treated individually. | |
§ 300-48 Ancillary powers: concurrent review when variance relief required.
A.
Planning Board.
(1)
When reviewing applications for approval of site plans or subdivision plats pursuant to this chapter, the Planning Board shall have the power to grant, pursuant to N.J.S.A. 40:55D-60, to the same extent and subject to the same provisions, conditions and limitations as applicable to the Zoning Board of Adjustment:
(a)
Variances from bulk, space and yard requirements;
(b)
Variances and direction for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area; and
(c)
Variances and direction for issuance of a permit for a building or structure not abutting a street.
(2)
Submission and processing of applications.
(a)
Whenever, in addition to approval of a site plan or subdivision plat pursuant to this chapter, the applicant will, in connection with the proposed development, require any of the approvals authorized by this chapter, the applicant shall, at the time of filing an application for preliminary site plan and/or subdivision plat approval, file applications for all other required approvals.
(b)
All required notices shall include reference to the request for any and all additional approvals.
(c)
Whenever, in conjunction with an application for site plan and/or subdivision plat approval, an applicant files applications for other approvals pursuant to this section, the Planning Board shall review and process all such applications at the same public hearing.
(d)
Where, pursuant to the ancillary jurisdiction granted by this subsection, the Planning Board is reviewing an application subject to the primary jurisdiction of the Zoning Board of Adjustment, all provisions of this chapter applicable to the Zoning Board in reviewing such an application shall be deemed to refer to and to apply to the Planning Board.
(e)
In reviewing such combined applications, the Board shall, except as hereinafter provided with respect to limitations on the time for taking action, comply with all of the provisions of this chapter applicable to each of the applications.
(f)
The Board shall act on any such combined application within the longest time period, not to exceed 120 days, applicable to any one of the individual applications included in the combined application, or within such further time as may be consented to by the applicant. Failure of the Board to act within such period of time shall constitute approval of the application. The Zoning Officer shall issue notices and certificates of such action or failure to act in accordance with the provisions of this chapter applicable to the various applications involved.
B.
Zoning Board of Adjustment.
(1)
When reviewing applications for "d" variance relief pursuant to this chapter, the Zoning Board of Adjustment shall have the power to grant, pursuant to N.J.S.A. 40:55D-78, to the same extent and subject to the same provisions, conditions and limitations as applicable to the Planning Board, site plan and/or subdivision approval pursuant to this chapter.
(2)
Submission and processing of applications.
(a)
Whenever, in addition to approval of an application for "d" variance relief pursuant to this chapter, the applicant will, in connection with the proposed development, require site plan and/or subdivision approval authorized by § 300-36, the applicant shall, at the time of filing an application for "d" variance relief, file applications for all other required approvals.
(b)
All required notices shall include reference to the request for any and all additional approvals.
(c)
Whenever, in conjunction with an application for "d" variance relief, an applicant files applications for site plan and/or subdivision approvals pursuant to this subsection, the Zoning Board of Adjustment shall review and process all such applications at the same public hearing.
(d)
In reviewing such combined applications, the Board shall, except as hereinafter provided with respect to limitations on the time for taking action, comply with all of the provisions of this chapter applicable to each of the applications.
(e)
Where, pursuant to the ancillary jurisdiction granted by this subsection, the Zoning Board of Adjustment is reviewing an application subject to the primary jurisdiction of the Planning Board, all provisions of this chapter applicable to the Planning Board in reviewing such an application shall be deemed to refer to and to apply to the Zoning Board of Adjustment.
(f)
The Board shall act on any such combined application within 120 days after determination of a complete application, or within such further time as may be consented to by the applicant. Failure of the Board to act within such period of time shall constitute approval of the application. The Zoning Officer shall issue notices and certificates of such action or failure to act in accordance with the provisions of this chapter applicable to the various applications involved.
§ 300-49 Guaranties.
A.
No official, department, bureau, board, commission or agency of the City shall release to a developer a final subdivision plat which has been signed by the Chair and Secretary of the Planning Board or Zoning Board of Adjustment, as the case may be, in accordance with § 300-36G(2)(h)[2] and [3], or, as a condition of final site plan approval, issue a zoning permit pursuant to § 300-34A, or issue a certificate of approval by inaction pursuant to § 300-30H, unless and until the applicant submits to the Board Secretary performance guarantees as herein required. Such guaranties shall be in cash, or in the form of a bond, irrevocable letter of credit or escrow agreement. If not in cash, such guaranties shall be secured by a corporate surety licensed to do business in the State of New Jersey, shall be approved by the City Solicitor as to form and shall be approved for execution by the governing body.
B.
The cost of the installation of improvements for the purposes of this subsection shall be estimated by the City Engineer based on documented construction costs for public improvements prevailing in the general area of the City. The developer may appeal such estimate to the County Construction Board of Appeals established under N.J.S.A. 52:27D-127. The City Engineer shall provide such cost estimate to the applicant within 30 days of receipt of such request, which shall be made by the applicant via certified mail.
C.
Performance guaranty. Upon receipt of the City Engineer's cost estimate, the applicant shall furnish a performance guaranty in the favor of the City in an amount not to exceed 120% of the City Engineer's estimate of the cost of installing all improvements, facilities and work required to be installed by the applicant as a condition of final site plan and/or subdivision plat approval, whether on site, off site, on tract or off tract. Such improvements, facilities and work shall include, without limitation, all public improvements, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, improvement of public and private common open spaces and surveyor's monuments as required by the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.),[1] water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion and sedimentation control devices and landscaping improvements. Such performance guaranty shall guarantee the installation of said improvements, facilities and work in a good and workmanlike fashion in accordance with the approved final plan or plat within the time specified in the approved staging plan or, if no such time is specified, within two years following the date of final plan or plat approval. The itemized cost estimates prepared by the City Engineer for the improvements shall be appended to each performance guaranty posted by the obligor.
[1]
Editor's Note: N.J.S.A. 46:23-9.7 to 46:23-9.16 were repealed by L. 2011, c. 217, § 2, effective 5-1-2012. See now N.J.S.A. 46:26B-1 et seq.
D.
Maintenance guaranty. The applicant shall furnish a maintenance guaranty in favor of the City, covering all improvements, facilities and work required to be covered by the performance guaranty required under § 300-49C. The maintenance guaranty shall remain in full force and effect for a period of two years following final acceptance of the improvement, facility or work in question and shall be in an amount equal to 15% of the cost of such improvement, facility or work.
E.
Exception. In the event that a governmental agency or public utility, other than the City of Pleasantville, will automatically own the improvements, facilities or work to be installed pursuant to the approved final plan or plat or in the event that such improvements, facilities or work are covered by a performance or maintenance guaranty required by a governmental agency other than the City of Pleasantville, no additional performance or maintenance guaranty covering such improvements, facilities or work shall be required pursuant to this section.
§ 300-49.1 Required guaranties; surety.
[Added 6-18-2018 by Ord. No. 7-2018]
For the purpose of assuring the installation and maintenance of bondable land development improvements as defined in N.J.S.A. 40:55D-53, as a condition of all final site plan, subdivision, and/or zoning permit approvals, the Board and/or Zoning Officer shall require, as appropriate, and the City Council shall accept, in accordance with the standards adopted hereinafter:
A.
The furnishing of a performance guaranty in favor of the City in an amount not to exceed 120% of the cost of the improvement, which cost shall be determined by the City Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 for any and all bondable items as permitted therein. The City Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guaranty, which itemized cost estimate shall be appended to each performance guaranty posted by the obligor.
B.
The furnishing of a maintenance guaranty in favor of the City in an amount not to exceed 15% of the cost of the improvement, which cost shall be determined by the City Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 for any and all bondable items as permitted therein.
C.
The furnishing of a temporary certificate of occupancy guaranty in the amount of 120% of the cost of installing the remaining improvements required to be completed before the issuance of a permanent certificate of occupancy. The scope and amount of such a guaranty will be determined by the City Engineer.
D.
The furnishing of a safety and stabilization guaranty to return the property to a safe and stable condition or to otherwise implement measures to protect the public from access to an unsafe or unstable condition. The amount of such a guaranty shall be $5,000 where the overall bonded improvements are $100,000 or less. Where the overall bonded improvements are $100,000 or more, then the City Engineer shall calculate the bond amount in accord with the following: $5,000 for the first $100,000 of bonded improvement costs, plus 2.5% of bonded improvement costs in excess of $100,000 up to $1 million, plus 1% of bonded improvement costs in excess of $1 million.
§ 300-49.2 Other governmental agencies.
[Added 6-18-2018 by Ord. No. 7-2018]
In the event that other governmental agencies or public utilities will automatically own the utilities to be installed or 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 City for such utilities or improvements.
§ 300-49.3 Failure to perform; City completion.
[Added 6-18-2018 by Ord. No. 7-2018]
If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the City for the reasonable cost of the improvements not completed or corrected, and the City may either prior to or after the receipt of the proceeds thereof complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law, N.J.S.A. 40A:11-1, et seq.
§ 300-49.4 Conformance with City standards.
[Added 6-18-2018 by Ord. No. 7-2018]
All improvements shall be in accordance with the design standards of the City Code or as authorized by a design exception granted by the reviewing board and shall be subject to inspection and approval by the City Engineer. The City Engineer shall be notified 24 hours prior to the start of the various phases of the work, and if discontinued, shall again be notified when the work will be continued.
§ 300-49.5 Release or reduction of performance guaranty.
[Added 6-18-2018 by Ord. No. 7-2018]
A.
Upon substantial completion of all required improvements, the obligor may request of the governing body, in writing, by certified mail addressed in care of the City Clerk, that the City Engineer prepare, in accordance with the itemized cost estimate prepared by the City Engineer and appended to the performance guaranty pursuant to this chapter, a list of all uncompleted or unsatisfactorily completed improvements. If such a request is made, the obligor shall send a copy of the request to the City Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the City Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the City Council, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
B.
The list prepared by the City Engineer shall state, in detail with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the City Engineer shall identify each improvement determined to be complete and satisfactory, together with a recommendation as to the amount of reduction to be made in the performance guaranty relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the City Engineer and appended to the performance guaranty pursuant to this chapter.
C.
The City Council, by resolution, shall either accept the improvements determined to be complete and satisfactory by the City Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction or release to be made in the performance guaranty relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the City Engineer and appended to the performance guaranty pursuant to this chapter. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the City Engineer. Upon adoption of the resolution by the City Council, the obligor shall be released from all liability pursuant to its performance guaranty, with respect to those accepted improvements, except for that portion sufficient to secure completion or correction of the improvements not yet accepted, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion and acceptability of all improvements. If any portion of the required improvements is rejected, the City shall require the obligor to complete or correct such improvements, and, upon completion or correction, the same procedure of notification, as set forth in this section, shall be followed.
§ 300-49.6 Inspection fees.
[Added 6-18-2018 by Ord. No. 7-2018]
The obligor shall reimburse the City for all reasonable inspection fees paid to the City Engineer for the foregoing inspection of improvements, provided that the municipality may require of the developer a deposit for the inspection fees in accordance with § 300-50B.
§ 300-49.7 Phasing in sections.
[Added 6-18-2018 by Ord. No. 7-2018]
In the event that final approval is by stages or sections of development pursuant to Subsection a of Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.
§ 300-49.8 Dedication and acceptance.
[Added 6-18-2018 by Ord. No. 7-2018]
To the extent that any of the improvements have been dedicated to the City on the subdivision plat, site plan and/or zoning permit, the municipality shall be deemed, upon the release of any performance guaranty required hereunder, to accept dedication for public use any improvements made thereunder, provided that such improvements have been inspected and have received final approval by the City Engineer.
§ 300-50 Inspection of improvements, facilities and work.
A.
During construction.
(1)
All improvements, facilities and work required to be constructed pursuant to an approved final plan or plat shall be regularly inspected by the City Engineer and the Zoning Officer for compliance with the approved plans, decision and resolution of the Planning Board or Zoning Board of Adjustment, as the case may be, the provisions of this chapter and the requirements of all other applicable federal, state, county and City laws, ordinances and regulations. If, as a result of such inspections, the City Engineer or the Zoning Officer shall determine that any improvement, facility or work is not in compliance with said plans, decision and resolution, laws, ordinances or regulations, he or she shall have authority to order that all or any part of the work on the development shall be stopped until such time as necessary steps are taken to correct any defects or deficiencies.
(2)
In order to facilitate the regular inspection program herein required, the applicant shall notify the City Engineer at least 48 hours prior to the surfacing of any street or private road; the installation of any curbing, gutters, sanitary or storm drainage structures, underground utilities or other improvements; or the grading or backfilling of any open trench or excavation in which any public improvement has been installed. Within 48 hours following the receipt of such notice, the City Engineer shall conduct an on-site inspection of such work.
(3)
The above notwithstanding, nothing herein shall limit the ability of the City Engineer to perform regular and routine inspections of construction as necessary and appropriate.
B.
Inspection escrow.
[Added 6-18-2018 by Ord. No. 7-2018]
(1)
The obligor shall reimburse the municipality for reasonable inspection fees paid to the City Engineer for the inspections of improvements required under § 300-49, which fees shall not exceed the sum of the amounts set forth in Subsection B(1)(a) and (b) of this section. The municipality may require the developer to post the inspection fees in escrow in an amount:
(2)
For those developments for which the inspection fees total less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited in escrow by a developer shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the City Engineer for inspections, the developer shall deposit the remaining 50% of the inspection fees.
(3)
For those developments for which the inspection fees total $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited in escrow by a developer shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the City Engineer for inspection, the developer shall make additional deposits of 25% of the inspection fees.
(4)
If the municipality determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to § 300-50B(1)(a) and (b), is insufficient to cover the cost of additional required inspections, the municipality may require the developer to deposit additional funds in escrow, provided that the municipality delivers to the developer a written inspection escrow deposit request, signed by the City Engineer, which informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections.
C.
Additional inspections by zoning officer. Following final plan or plat approval, the Zoning Officer shall, in addition to the inspections required pursuant to § 300-50 in connection with the installation of improvements and facilities, at least once every six months until the completion of the development, and continually thereafter following completion of the development, review all permits issued and construction undertaken and compare actual development with the approved plans for development and with the approved development schedule.
(1)
If the Zoning Officer finds that development is not proceeding in accordance with the approved schedule, or that it fails in any other respect to comply with the plans or plats as finally approved, he shall immediately notify the Planning Board or Zoning Board of Adjustment, as the case may be, of such fact and may, if he finds it necessary to ensure compliance with the approved plans or plats, the decision and resolution and the provisions of this chapter, issue an order stopping any or all work on the development until such time as any noncompliance is cured.
(2)
Board actions.
(a)
Within 30 days following such notice, the Planning Board or Zoning Board of Adjustment, as the case may be, shall take one or more of the following actions as it shall deem appropriate:
[1]
Compel the applicant to return to the Board for a formal explanation of the noncompliance;
[2]
Commence such steps as it shall deem necessary to compel compliance with the final plan or plat approval;
[3]
Revoke, by resolution, the final plan or plat approval and all prior approvals and related or resulting permits; and/or
[4]
Pursue such other remedies as may be available to enforce compliance with this chapter and to punish any failure to comply.
(b)
The exercise of any of the foregoing actions shall in no way bar or limit the taking of any other of the foregoing actions if, in the discretion of the Board, such actions are appropriate.
D.
Reduction of guaranties; notice of default to obligor and surety.
(1)
If, as a result of the foregoing regular inspection program, the City Engineer shall determine that portions of the required improvements, facilities or work have been completed so as to justify a reduction in the amount of the performance guaranty posted by the applicant, he shall certify such facts to the City Council, which may, thereupon, reduce the amount of the performance guaranty to a sum not less than 120% of the cost of the improvements, facilities and work yet to be completed.
(2)
If, as a result of the foregoing regular inspection program, the City Engineer determines that any of the required improvements, facilities or work has not been or is not being performed or corrected in accordance with the approved plans and applicable laws, ordinances and regulations, he shall notify the City Council of such fact, and the City may, thereupon, take such action as it shall deem appropriate to compel performance or may, in the alternative, declare a forfeiture of the performance guaranty, and the obligor and surety shall thereupon be liable upon the performance guaranty to the City for the reasonable cost of the improvements, facilities and work not completed or corrected, and the City may, either prior to or after the receipt of the proceeds of the performance guaranty, complete or correct such improvements, facilities or work by the employment of such City personnel or private contractor as it shall deem appropriate.
(3)
Completion and final inspection.
(a)
When all of the required improvements, facilities and work within a stage or unit of the development have been completed, the obligor shall send written notice of such completion to the City Council by certified mail, addressed in care of the City Clerk. A copy of such notification shall also be sent to the City Engineer.
(b)
Upon receipt of such notice, the City Engineer shall inspect all of the improvements, facilities and work and shall, within 45 days from receipt of the notice from the obligor, file a detailed written report with the City Council, indicating either approval, partial approval or rejection of the improvements and facilities, with detailed reasons in support of any rejection. In case part of the improvements, facilities or work is approved and part rejected, the report of the City Engineer shall set forth the cost of the improvements, facilities and work required for acceptance of the rejected improvements, facilities and work. The City Engineer shall simultaneously send a copy of such report to the obligor.
(4)
Action by City Council.
(a)
Within 45 days from receipt of the report of the City Engineer, the City Council shall, by resolution, either approve, partially approve or reject the improvements, facilities and work on the basis of said report and shall, within such 45 days, notify the obligor, in writing, by certified mail, of the contents of said report and the action of the City Council with relation thereto. A copy of such notification shall also be sent by City Council to the surety. Failure of City Council to send or provide such notification to the obligor within such 45 days shall be deemed to constitute approval of the improvement, facility or work which was the subject of the obligor's original notice.
(b)
Upon such approval or the expiration of such a period of time without action, the obligor and surety shall be released from all liability pursuant to the performance guaranty. Where partial approval is granted, the obligor and surety shall be released from all liability pursuant to the performance guaranty as to the improvements, facilities and work approved, but shall not be released as to any improvements, facilities or work rejected.
(c)
If all or any portion of the required improvements, facilities or work is rejected, the City Council shall require the obligor to complete such improvements, facilities and work and to again give notice of such completion pursuant to this section within a period of time to be fixed by the City Council. In the alternative, if any required improvements, facilities or work are not completed or not corrected in accordance with the approved final plan, decision and resolution and applicable laws, ordinances and regulations, the City may declare a forfeiture of the performance guaranty, and, thereupon, the obligor and surety shall be liable upon the performance guaranty to the City for the reasonable cost of the improvements, facilities or work not completed or corrected, and the City may, either prior to or after the receipt of the proceeds of the performance guaranty, complete or correct such improvements or facilities by the employment of such City personnel or private contractors as it shall deem appropriate.
E.
Building and other permits. Except as otherwise expressly provided in § 300-36G(2)(j), upon, but not before, receiving notice from the Zoning Officer that the approved final plan or plat has been recorded and upon application by the applicant, all appropriate officials of the City may issue building and other permits to an applicant for development, construction and other work in the areas encompassed by the approved final plan or plat; provided, however, that no such permit shall be issued unless the appropriate official is first satisfied that the requirements of any codes or ordinances of the City, in addition to this chapter, which are applicable to the permit sought have been satisfied. No certificate of occupancy shall be issued for any use or structure within such area until all improvements, facilities and work required to be guaranteed pursuant to § 300-49 hereof have been completed and accepted as therein provided.