Establishment and composition:

Planning Board authority.

Appeals and applications.

Power to reverse or modify decisions. The Planning Board may reverse or affirm wholly or partly or may modify the order, requirement, decision or determination appealed from and make such other requirement, decision or determination as ought to be made and, to that end, have all the powers of the administrative officer from whom the appeal was taken.

Time for decision. The Planning Board shall render its decision not later than 120 days after the date an appeal is taken from the decision of an administrative officer or not later than 120 days after the submission of a complete application for development without prior application to the administrative officer. Failure of the Board to render a decision within such one-hundred-twenty-day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.

Expiration of variance. 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. The approving authority may for good cause shown extend the period for securing a building permit for an additional period not exceeding six months.

Before any permit shall be issued for a conditional use, applications shall be made to the approving authority, who shall after public hearing grant or deny the application 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. Notice of the hearing shall include reference to all matters being heard, including site plan and/or subdivision, and the approving authority shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application. Failure of the approving authority to act within the required time period shall constitute approval of the application. In reviewing the application, the approving authority 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 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). 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 even though a conditional use shall be a permitted use in the district in which it is located. Conditional uses shall require site plan approval. Prior to making its decision, the approving authority shall be satisfied that the conditional use is reasonably necessary for the convenience of the public in the location proposed.

In approving a conditional use, a time limit of one year from the date of the approval shall be set, within which time the owner shall secure a building permit; otherwise the approval shall be null and void. The approving authority may for good cause shown extend the period for securing a building permit for an additional period not to exceed six months.

Filing fees. The applicant shall, at the time of filing an application for development or other relief, pay the following nonrefundable fees to the Borough by certified check or bank money order (fees per lot shall be based on all lots in the subdivision, including any lot constituting so-called "remaining lands"):

Review fees/escrow deposits. In addition to the fees set forth in Subsection A, an applicant shall, at the time of filing an application for development or other relief, pay the following refundable escrow fees to the Borough by certified check or bank money order to cover the cost of engineering, planning, inspection and legal services incurred by the Borough as a result of such applications:

Refunds and additional escrow payments. If, at the completion and municipal approval and acceptance of all required improvements on a site plan or subdivision, the sum deposited with the Borough of Washington by the applicant pursuant to this section to cover the cost of engineering, planning, inspection and legal services should exceed the expense actually incurred by the Borough for such services, the applicant, upon written request made within one year following the date of such acceptance, shall be entitled to the return of the amount by which his deposit aforesaid exceeds such actual costs, without interest. Where the costs of engineering, planning, inspection and legal services exceed the sum deposited with the Borough, the applicant shall reimburse the Borough for such additional costs and shall maintain a positive balance in its escrow account.

Appeal to the governing body. Any appeal to the Borough Council shall be accompanied by a two-hundred-fifty-dollar fee together with three copies of the transcript(s) of the hearing(s) before the Planning Board.

No final plat shall be approved until all items required to be bonded have been either installed and approved by the Municipal Engineer and accepted by the governing body and a maintenance guaranty has been filed and accepted by the governing body or their installation shall have been provided for by a performance guaranty accepted and approved by the governing body. No maintenance bond shall be accepted for any item which has further stages of work or which will need to be altered or reworked. Any improvements installed prior to final plat application that do not meet required standards shall be added to the performance guaranty.

The applicant shall submit the performance guaranty to the Municipal Engineer, Attorney and governing body for review and approval by resolution. Final plat submission shall not be made until the performance guaranty has been accepted and approved by the governing body.

Prior to construction, the developer shall arrange for a preconstruction conference between the developer, contractor and Municipal Engineer. The Municipal Engineer shall be notified by registered mail by the developer at least 72 hours in advance of the start of construction. The cost of inspections shall be the responsibility of the developer, who shall reimburse the Borough for all reasonable inspection fees by submitting a certified check or bank money order to the Borough Clerk. This fee shall be in addition to the amount of the performance guaranty and all application fees as outlined above and shall be deposited initially in accordance with the following schedule. The funds shall be deposited in an interest-bearing escrow account. Upon completion of the development and all inspections, the developer shall receive an accounting of the expended funds. Any unspent funds shall be returned to the developer. Should the initial deposit be insufficient to cover inspection costs, the developer shall deposit additional sums upon notice from the Borough Clerk, each additional deposit being in amounts not to exceed 50% of the initial deposit:

No work shall be done without permission from and inspection by the Municipal Engineer. No underground installation shall be covered until inspected and approved. The Municipal 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.[1]

Occupancy permits may be issued in accord with the provisions of § 94-18 of this chapter only when required fire alarms, curbs, utilities, functioning water supply and sewage treatment facilities, gutters and other necessary storm drainage to ensure proper drainage of the lot and surrounding land, rough grading of lots, soil stabilization, base course for the streets, driveway and sidewalks, traffic control devices and streetlights are installed to serve the lot and structures for which the occupancy permit is requested. Occupancy permits shall, in no instance, be issued in reliance or partial reliance upon the performance guaranties to ensure the installation of a utility to serve the property to be occupied. 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 area shall be the final operation.

After completing the improvements, the developer shall prepare two sets of the plans and the profiles amended to read "as constructed" and apply to the governing body for final inspection of the work. The Municipal Engineer shall, within 30 days of completing the inspection, report in writing to the governing body recommending 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.

The governing body shall either approve, partially approve or reject the improvements and shall notify the obligor by certified mail of the contents of the Municipal Engineer's report and the action of the approving authority with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of the improvements, except that no approval or partial approval shall be granted until an acceptable maintenance guaranty has been submitted and approved to cover the improvements. Where partial approval is granted, the obligor shall be released from liability pursuant to its performance guaranty except for a portion 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 65 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.

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 shall be allowed.

Maintenance guaranty. No improvements shall be accepted by the governing body unless and until all of the following conditions have been met:

A general improvement.

A local improvement.

The improvement to be performed by the developer with a formula providing for partial reimbursement if the improvement specially benefits properties other than the development. The contribution for costs shall be as set forth in the adopted circulation and utility service plans.

Rules concerning when permits are required.

Applications.

Issuance of permits.

Conditions of permit. The issuance of a zoning permit shall be conditioned upon the following:

Fees.

Certificate of occupancy. All certificates of occupancy shall be issued by the Building Inspector. Any new lot or buildings or changes in use shall require a certificate of occupancy prior to the inception of the use. No such certificate shall be issued unless the land, building and use comply with this chapter and comply in all respects with approved subdivision plats or site plans, except that the Planning Board, for good cause shown, may direct the Zoning Officer to issue zoning clearance to allow a certificate of occupancy to be issued by the Building Inspector for parts of such approved subdivisions or site plans, provided that all utilities serving the individual parts of the development for which certificates of occupancy are sought are in place. Good cause shall be a showing by the applicant that the certificate of occupancy for the portions of the site to be occupied may be issued without endangering the health, safety and welfare of the occupants or the general public, are in compliance with § 94-15F, and will not unduly impede the construction work in progress. In all other cases, no certificate of occupancy may be issued prior to the completion of all subdivision and site plan requirements and certification by the Municipal Engineer thereto.

A temporary permit may be issued for a period not to exceed one year (but may be extended by the issuing officer for good cause shown) for a sales office or for the storage of construction materials and supplies as part of the construction of a major development, provided that, as to such sales office, the following criteria are met:

On application, the Borough Manager is authorized to grant permission to the applicant to place a manufactured home on a nonpermanent foundation within the Borough for the sole purpose of the homeowners residing therein on land owned by themselves, pending repair of fire, flood or other casualty damage to a previously existing single-family dwelling situate on the same lot, provided that in no case shall any manufactured home remain so situate in the Borough for a period exceeding 360 days.

Organization of Board. The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV. The Board shall select a Secretary and Assistant Secretary who may or may not be members of the Board or municipal employees.

Attorney. There is hereby created the office of Planning Board Attorney. The Board may annually appoint, fix the compensation of or agree upon the rate of compensation of the Board Attorney, who shall be an attorney other than the Municipal Attorney.

Experts and staff. The Board may employ or contract for the services of experts and other staff and services as it may deem necessary. The Board shall authorize expenditures which exceed, exclusive of gifts or grants, an amount appropriated by the governing body for its use.

Rules and regulations. The Board shall adopt such rules and regulations necessary to carry out its duties.

Conflicts of interest. No member shall act on any matter in which he has, either directly or indirectly, any personal or financial interest. Whenever any member shall disqualify himself, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto.

Meetings.

Minutes. Minutes of regular and special meetings shall be kept and shall include the names of persons appearing and addressing the Board and of persons appearing by attorney, the action taken, the findings, if any, and reasons therefor. The minutes shall be made available for public inspection during normal business hours at the office of the Borough Clerk. Any interested party shall have the right to compel production of the minutes and be charged a fee for their reproduction.

Hearings.

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.

Each decision on any application shall be in writing and shall include findings of facts and conclusions based thereon.

A copy of the decision shall be mailed by the approving authority within 10 days of the date 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. A brief notice of the decision shall also be published in the official newspaper of the Borough, 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.

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 address, if any, or by reference to lot and block numbers and the location and time(s) at which any maps and documents are available for public inspection.

All hearing notices shall be the responsibility of the applicant and shall be given at least 10 days prior to the hearing date:

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.

In case of any violation of this chapter, the Borough or an interested party may institute appropriate action to prevent such violation; to restrain, correct or abate such violation; to prevent the occupancy of said structure or land; and to prevent any illegal act, conduct, business or use in or about such premises. Any person convicted of such violations before a court of competent jurisdiction shall be subject to a penalty not to exceed $500 and/or 90 days in jail. Each day shall be deemed a separate violation.

If, before final subdivision approval, any person as owner or agent transfers or sells, or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, any land which forms a part of a subdivision for which municipal approval is required, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.

In addition, the Borough may institute and maintain a civil action:

In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors to secure the return of any deposits made or purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.