§ 219-56 Procedures, minor subdivisions.
§ 219-57 Procedures, major subdivisions.
§ 219-58 Site plan approval.
§ 219-59 General provisions applicable to major and minor subdivisions and site plans.
§ 219-60 Land development fee schedule.
§ 219-61 Design standards are as set forth in N.J.A.C. 5-21.1-8.
§ 219-62 Certificates of occupancy.
This article may be cited and referred to as the "Land Subdivision and Site Plan Chapter of the Revised General Ordinances of the Borough of Wrightstown."
This article is enacted pursuant to the authority granted by N.J.S.A. 40:55D-1 et seq., commonly cited and referred to as the "Municipal Land Use Law."
The purpose of this chapter is to provide rules, regulations and standards to guide land subdivision and site planning in the Borough in a manner which will promote the public health, safety, morals and general welfare. It shall be administered to ensure an orderly growth and development which will not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole, and to ensure adequate and suitable streets, water supply, drainage, shade trees, sewerage facilities and other necessary utilities, public area and open space, protection from flooding and conservation of soils, and to promote a desirable visual environment through creative development techniques and good civic design and arrangements.
Twelve completed copies of the Borough minor subdivision application form.
Twelve copies of any protective covenants, deed restrictions or easements, either presently affecting the property or proposed in the subdivision, such as a conservation, drainage or utility right-of-way or a sight triangle.
Twelve copies of any deed for any land offered to the Borough.
Twelve copies of the plat of the proposed minor subdivision. A reproducible copy shall be submitted upon approval.
Twelve copies of a key map.
A certification from the Borough Tax Collector that no taxes or assessments for local improvements are due or delinquent on the property for which the subdivision application is made.
The applicant shall have the right before submitting a formal application hereunder to request and obtain an informal conference before the Board.
Application fee. The applicant shall submit to the Clerk, at the time of submission of an application for a minor subdivision, payment of the fee provided in § 219-60.
All lots being subdivided, together with the boundary and acreage of the entire original tract, and the number of new lots being created. The area of each lot shall be shown correct to within one square foot.
All existing and proposed property lines within and immediately adjoining the tract and all lot lines to be eliminated. All lot lines shall be shown correct to 0.01 of a foot in length and one second in angular measurement. Minimum front, side and rear building setback lines on each proposed lot and the remaining lot shall be shown.
All existing buildings and structures and their uses, wooded areas, rock outcrops, and isolated trees with a diameter of six inches or more measured 4 1/2 feet above ground level. All streams, lakes, drainage rights-of-way and streets within the limits of the tracts being subdivided, including the location, width and direction of flow of all streams, brooks, drainage structures and drainage rights-of-way. Any existing features to be removed or relocated shall be indicated. Flood hazard area lines and wetlands and swamps within the tract shall be shown. A general drainage system shall be shown.
The shortest distance from any existing buildings to any proposed and existing lot line.
The existing and proposed rights-of-way of all easements and all streets within and adjoining the premises, with dimensions, together with existing driveways, street names and the purpose for any easement. Sight triangles shall be shown.
The name of the owner and all adjoining property owners as disclosed by most recent Borough tax records.
The Tax Map sheet, block and lot number for the tract and all adjacent lots; written and graphic scales; north arrow; and space for the subdivision application number; the name of the Borough; the name of the subdivision; and the date of preparation and most recent revision.
Zoning districts and if the property lies in more than one zoning district, the plat shall indicate all the zoning district lines.
The name, address, phone number and signature of the owner, subdivider and person preparing the plat.
Such other information or data as may be required by the Board in order to determine that the details of the subdivision are in accord with the standards of applicable ordinances.
The Board may waive any of the details required by this subsection if it determines that the subdivision conforms to the standards of good planning, will have no deleterious effect on neighboring properties and if it is provided with adequate data to assure the protection of the health, safety and welfare of the residents of the Borough. The plat shall be certified as to the accuracy of the engineering details by an engineer licensed in New Jersey, and shall bear his signature, seal, license and address.
The location and relationship of the proposed subdivision in reference to the nearest major arterial streets closest to the proposed subdivision. This information shall be obtained from the Tax Maps.
The location of all streams within 500 feet of the tract or proposed subdivision.
The key map shall be certified as to the accuracy of the details by an engineer or surveyor licensed in New Jersey, and shall bear his signature, seal, license and address.
The key map may be set forth on the plat.
Submission of application. Upon receipt of an application for a minor subdivision, together with the required supporting documents and payment of the prescribed fee, the Clerk shall forthwith submit such documents to the Secretary who shall submit one copy each of the application and supporting documentation to the Board Subdivision Committee, the Borough Engineer and the Attorney for the Board, for a report thereon to the Board. These reports shall be submitted to the Board at least two days prior to the meeting of the Board at which the application will be considered. These reports shall comment on the completeness of the application in conformity with this chapter, whether or not the application meets the standards of a minor subdivision, and whether or not the application is in compliance with all requirements of applicable laws and ordinances. The Engineer shall also advise as to the likelihood of off-tract improvements being required, and if such shall be the case, shall advise the Borough Council which shall then act pursuant to § 219-59C. The Secretary shall also put the application on the agenda of the Board meeting, next following 14 days from the date of submission of the complete application, and shall advise the applicant of such date. In the event the Secretary determines that literal compliance with the time requirements of this subsection will cause the application not to be considered by the Board within 45 days of the submission of the application, the Secretary shall so advise the Board at its next meeting and the Board shall schedule a special meeting for consideration of the application within the forty-five-day period.
County Planning Board. No later than seven days after submission of the application for a minor subdivision to the Clerk, the applicant, where required pursuant to N.J.S.A. 40:27-6.3, shall submit a copy of the application and all supporting documentation to the Burlington County Planning Board for review and approval. The applicant shall then promptly certify to the Secretary that such submission has been properly made.
Joint Land Use Board action.
At the meeting of the Board at which the application is to be considered, the Board shall first determine that the application conforms to the definition of a minor subdivision as set forth in § 219-6. If the application does not so conform, the Board shall deny the application; however, such denial shall not be deemed to preclude a subsequent application for a major subdivision involving the same tract.
If the application does conform to the definition of a minor subdivision, but is not complete in accordance with § 219-48N, the Board shall notify the applicant of the incompleteness, in accordance with the provisions of § 219-48O.
If the application does conform to the definition of a minor subdivision and is complete, the Board shall waive notice and public hearing for the application.
Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a complete application to the Secretary of the Board, or within such further time as may be consented to in writing by the applicant. Failure of the Board to act within the period prescribed shall constitute minor subdivision approval. A certificate of the Secretary of the Board as to the failure of the Board to act shall be issued on request of the applicant, and shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and may be so accepted by the County Clerk for purposes of filing subdivision plats.
Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, the Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board, or approval by the County Planning Board by its failure to report thereon within the required time period.
Approval subject to conditions. Whenever the Board shall grant approval subject to conditions, a notation shall be made on the plat or deed indicating that "the approval of the subdivision is subject to conditions as set forth in the minutes of the Board."
Expiration of approval. Approval of a minor subdivision shall expire 190 days from the date of Joint Land Use Board approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a deed clearly describing the approved minor subdivision is filed by the applicant with the County Clerk, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and the Secretary of the Board.
Conformance with zoning requirements and conditions. The zoning requirements and general terms and conditions, upon which minor subdivision approval was granted, whether conditional or otherwise, shall not be changed for a period of two years after the date of minor subdivision approval, provided that the approved minor subdivision shall have been duly recorded as provided in this section.
Prior to the commencement of any construction, final detailed engineering plans shall be submitted to and approved by the Borough Engineer. The applicant shall deposit with the Borough Clerk such fee for engineering review as is provided in § 219-60.
No building permit shall be issued for excavation or construction in any area approved for subdivision until such plat or deed has been filed.
Inspection process and fees. Before granting approval of an application for a minor subdivision, the Board shall require the applicant to deposit with the Borough the inspection fees provided in § 219-60 to compensate the Borough Engineer for performing an inspection of the sidewalk, curb, street and storm drainage improvements and other appropriate improvements. After approval and after the applicant has initiated construction thereof, the Borough Engineer shall make the inspections and submit written reports with respect to the results of such inspections to both the Secretary of the Board and the applicant. The Borough Engineer shall advise the Secretary and the applicant of his inspection fees. Thereafter, the inspection fees shall be paid from the deposit. If the applicant should decide to permanently discontinue work on the subdivision in question before its completion, he may make written application to the Board for the refund of the unencumbered portion of the deposit. Submission of this application shall constitute a waiver of all rights which may have accrued to him with respect to the subdivision covered by that application.
Twelve completed copies of the Borough major subdivision application form.
Twelve copies of any protective covenants, deed restrictions or easements, either presently affecting the property or proposed, in the subdivision, such as a conservation, drainage or utility right-of-way or a sight triangle.
Twelve copies of any deeds for any lands offered to the Borough.
Twelve copies of the preliminary plat of the proposed major subdivision. A reproducible copy shall be submitted upon preliminary approval.
A certification from the State Department of Environmental Protection, pursuant to N.J.S.A. 58:11-23 et seq., if applicable.
Twelve copies of the environmental impact report, if required by § 219-59H.
The applicant shall have the right before submitting a formal application hereunder, to request and obtain an informal conference before the Board as provided in § 219-59J.
Application fee. The applicant shall submit to the Clerk, at the time of the submission of an application for a major subdivision, payment of the fee provided in § 219-60.
Contents of major subdivision plat.
The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than 100 feet to the inch, on sheets of equal size and a maximum size of 30 inches by 42 inches. It shall be prepared and sealed by a land surveyor licensed by the State of New Jersey, with design and improvements prepared by a professional engineer licensed by New Jersey.
The title of the preliminary plat.
The Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Borough Tax Map.
The acreage of the tract to be subdivided, to the nearest tenth of an acre.
The date (of the original and all revisions).
The names and addresses of the owner and the subdivider, so designated.
A schedule shall be placed on the map indicated the acreage of the tract the number of lots, the zone, minimum required lot areas, setbacks, yards and dimensions.
The name(s), signature(s), address(es) and license number(s) of the engineer and land surveyor who prepared the map. The plat shall bear the embossed seal of the engineer and land surveyor.
A key map, at a scale of one inch equals 2,000 feet, showing the location of the tract to be subdivided, with reference to surrounding areas, existing streets which intersect or border the tract, the names of all streets and any Borough boundary which is within 500 feet of the site.
The names of all owners of the property lines of parcels within 200 feet of the site, including properties across the street, as shown by the most recent records of the township.
The plat shall be based on a current, certified boundary survey. The date of the survey and the name of the person making the same shall be shown on the map.
Existing one-foot interval contours based on United States Coast and Geodetic Survey datum (MSL-O) shall be shown extending a minimum of 100 feet beyond the boundary of the tract in question and shall be certified by a New Jersey licensed surveyor or professional engineer as to accuracy, except that where the slopes exceed 5%, a two-foot interval may be used. The source of elevation base datum shall be noted.
All existing streets, watercourses, floodplains, floodways and flood areas within the proposed subdivision and within 200 feet of the boundaries thereof, both the width of the paving and the width of the right-of-way of each street, existing public easements and Borough borders within 200 feet of the subdivision.
All existing structures, an indication of those which are to be destroyed or removed and the front, rear and side yard dimensions of those to remain.
The boundaries, nature and extent of wooded areas and other important physical features, including swamps, bogs and ponds, within the proposed subdivision.
The layout of the proposed subdivision, drawn in compliance with the provisions of this chapter.
All proposed public easements or rights-of-way and the purposes thereof and proposed streets within the proposed subdivision. The proposed streets shall show the right-of-way and proposed pavement width.
The existing systems of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.
The acreage of the drainage area (or areas) of each natural or man-made watercourse traversing the subdivision, including the area within the subdivision and the area upstream from the subdivision.
All proposed lot lines and the areas of all lots in square feet.
A north arrow and written and graphic scales.
A copy of any existing or proposed covenants or deed restrictions applying to the land being subdivided, or certification that none exists.
Preliminary utility layouts showing methods of connection and sources of service.
The proposed location and area, in acres or square feet, of all required or proposed open space areas.
The preliminary plat shall indicate the zone and tract acreage and shall show the required minimum lot areas, front, side and rear yard setback lines and the lot line dimensions and areas of each lot being created by the proposed subdivision.
A grading plan showing existing and proposed grading contours at intervals of one foot throughout the tract, except that if slopes exceed 5%, an interval of two feet is permissible. Datum shall be United States Coast and Geodetic Survey, and the source of the datum shall be noted.
The proposed spot or finished elevations at all property corners, the curb opposite property corners, corners, corners of all proposed structures or dwellings, the first-floor elevation of all proposed structures or dwellings and drainage arrows designating direction of overland drainage flow on each lot.
Complete information for storm drainage and sanitary sewer systems, including but not limited to invert, rim and top-of-casting elevation for all drainage structures and the size, length, type and class of pipe and slope of all pipe. The drainage plan shall be accompanied by complete drainage calculations made in accordance with the standards set forth herein.
The slope, direction of flow and typical section for all streams, swales and ditches.
Preliminary center-line profile grades, correct to 1/100 foot, with full information concerning vertical curve elevation.
All center-line elevations of each street at a maximum interval of 100 feet.
Complete construction details for all structures, including but not limited to manholes, inlets, headwalls, yard drains, culverts, bridges and pumping stations.
Complete off-site information concerning final disposition of stormwater runoff and sanitary sewer connections to existing or proposed facilities.
Utility layouts and cross sections (sewers, water, gas, electric, telephone, etc.) showing feasible connections to any existing or proposed utility systems; provided, however, that layouts of gas, electric and telephone lines are not required. An indication of these on a typical road cross section shall be sufficient. Layouts shall include proposed locations of fire hydrants. If private utilities are proposed, they shall comply with all local, county and state regulations.
The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated, or the limits of alluvial soil where the boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the Joint Land Use Board in the determination of floodway and flood hazard area determination limits.
The limits of all areas of proposed cuts and fills, exclusive of excavations for basements, shall be clearly designated.
Sectionalization and staging plan. The plat may be accompanied by a preliminary sectionalization and staging plan showing the following: If the subdivision is proposed to be filed for final approval in sections, the plan shall show each such section. The staging of the various sections in the subdivision shall be such that, if development of the subdivision were to be discontinued after the completion of any section, the developed portion of the subdivision would be provided with adequate street drainage and utility systems. The size and staging of the section in a subdivision shall be established to promote orderly development and shall be subject to the approval of the Board. In no instance shall any single section of a subdivision include more than 100 lots. During construction of the development, the developer shall fully comply with the sectionalization and staging plan in accordance with the preliminary approval. If, for any reason, the developer does not fully comply with the approved sectionalization and staging plan, no building permits shall be issued until such time as the developer makes application to and receives approval from the Board for a revised staging and sectionalization plan. The Board may modify the plan and impose time restrictions or require the developer to construct the development in accordance with an approved staging and sectionalization plan.
The map must include certification for the signatures of the Joint Land Use Board Chairman, the Secretary and the Board Engineer.
Soil borings to a depth of 10 feet, indicating soil types and the seasonal high-water table elevations, along with percolation tests, shall be submitted (one for each five acres) for all subdivisions where on-site sanitary sewer disposal septic systems are proposed. The location of soil borings and percolation tests shall be indicated on the plat.
An affidavit setting forth the names and addresses of all record title owners or the land proposed to be subdivided by the map and the consent, in writing, of all such owners to the approval of such map shall accompany the plans or be shown.
All municipal boundary lines crossing or adjacent to the territory intended to be subdivided shall be shown and designated.
The names of adjoining subdivisions, if any, and the file number of the recording or the names of the owners of adjacent properties.
The applicant shall be required to submit certification, in writing, from the Wrightstown Municipal Utilities Authority indicating that the plans have been reviewed and approved or conditionally approved at their preliminary stage by the Municipal Utilities Authority.
The preliminary plat shall indicate the limits of land clearing and land disturbance of the proposed major subdivision.
In the Pinelands Area, such other information as may be required under the Pineland Comprehensive Management Plan.
The specific size and species of individual existing mature trees of a size of six inches in diameter at breast height (dbh) and masses of existing mature woodland [predominantly trees greater than four inches in diameter at breast height (dbh)] and any other significant natural vegetation or natural features. The plans must indicate all existing mature vegetation to be preserved, relocated (including the proposed location of transplanted trees) or removed and appropriate details and plans for tree protection fencing.
A preliminary landscape plan. The plan shall be prepared on halftone sheet of the Engineer's grading plan showing existing and proposed grades and shall indicate the location and spacing of shade trees, ornamental trees, evergreen trees, shrubs, ground cover and lawn, utilizing different graphic symbols for each which are representative of the size of the plant, within a period of 10 years after installation, and shown to scale. The plan shall include a planting schedule indicating the quantity, common name, botanical name, installed size (including height and caliper for shade and ornamental trees), root and quality for all proposed plantings. The plan shall indicate the construction materials, location and size of any berms, walls, fences, pavements or site amenities to be provided. When appropriate or required, a graphic section illustration at a scale on one inch equals 10 feet or larger shall be provided to indicate the effectiveness of proposed or existing materials as a buffer in relation to the height of the area being screened.
Preliminary details of all proposed recreational areas, including details of both active and passive areas, and the lot in which the recreation area, if required, is to be located shall be included as an integral part of the preliminary plan submission.
Wrightstown Municipal Utilities Authority approval.
Burlington County Planning Board approval, where required.
State and/or federal regulatory agencies approval, as required.
Proof of payment of real estate taxes.
A certificate of title, which may be in letter form, signed by a member of the New Jersey Bar or by a title officer or authorized agent of a title insurance company licensed to do business in the State of New Jersey, which certificate shall confirm that the owner of the premises in question is the applicant as shown on the plat.
Such other submittals as may be required by federal, state or local law. Unless other specific provisions are made in this chapter or by statute, all approvals required of federal, state, county and local agencies or officials shall be obtained and evidence thereof filed with the Board prior to the signing of a final plat. If the Board agrees, final approval may be granted conditioned upon the receipt of any necessary subsequent approvals, but no approval signature will be affixed to any plat prior to obtaining any such required approvals. The Board may determine a reasonable time for obtaining all such required approvals; and such time in no case shall exceed one year. In the event that such required approvals are not obtained within such time, the conditional approval shall lapse, and submission of a new application will be necessary.
The final plat shall contain all general requirements, details and supporting data as required for the preliminary plat as specified in Subsection C.
It shall show the dimensions, bearings and curve data, including the lengths of tangents, radii, arcs, chords and central angles, for all center-line and right-of-way-line curves on streets sufficient to enable the definite location of all lines and boundaries shown thereon, including drainage easements, public easements and areas dedicated for public use.
Tangents, chord, arc, radius and central angle at all street corners.
All dimensions, both linear and angular, of the exterior boundaries of the subdivision and all lots and lands reserved or dedicated for public use shall balance, and their description shall close within a limit of error of not more than one part in 10,000. Where feasible, the control points of the subdivision shall be referenced to three permanent coordinated monuments.
Any easement or land reserved for or dedicated to the public shall be designated, and the proposed use of sites other than residential shall be noted.
Each block and each lot shall be numbered in accordance with a scheme approved by the Tax Assessor.
The map shall clearly show all monumentation and property markers as required, including monuments found, monuments set and monuments to be set. An indication shall be made where monumentation found has been reset. All monuments, if required, shall be placed in compliance with the Map Filing Law.
Subdivision names and street names shown on the final plat shall not be the same or similar to any name of an existing subdivision or street in the Borough.
Contents of key map. The key map shall comply with the requirements of a minor subdivision key map, as set forth in § 219-56D as same shall apply to a major subdivision.
Submission of application. Upon receipt of an application for a major subdivision, together with the required supporting documents, and payment of the prescribed fee, the Clerk shall forthwith submit to the Secretary who shall submit one copy of the application and supporting documentation to the Borough Engineer and to the Attorney for the Board for a report thereon to the Board. These reports shall be submitted to the Board at least two days prior to the meeting of the Board at which the application will be considered. These reports shall comment on the completeness of the application in conformity with this chapter and whether the application is in compliance with all requirements of applicable laws and ordinances. The Engineer shall also advise as to the likelihood of off-tract improvements being required, and if such shall be the case, shall advise the Borough Council which shall then act pursuant to § 219-59C. The Secretary shall also place the application on the agenda of the Planning Board meeting, next following 14 days from the date of submission of the complete application, and shall advise the applicant of such date. In the event that the Secretary determines that a literal compliance with the time requirements of this subsection, in the case of a major subdivision of 10 or fewer lots, will cause the application not to be considered by the Board within 45 days of the submission of the application, the Secretary shall so advise the Board at its next meeting and the Board shall schedule a special meeting for consideration of the application within the forty-five-day period.
County Planning Board. The applicant, where required, pursuant to N.J.S.A. 40:27-6.3, shall comply with the provisions of § 219-56F as same shall apply to a major subdivision.
Public notice. The applicant shall give notice of the application at least 10 days prior to the date of the hearing on the application. Public notice shall be accomplished in accordance with § 219-50F of the Land Use Procedures chapter of this code.
Subdivision of 10 lots or less. The Board shall grant or deny preliminary approval within 45 days of the date of submission of the complete application or within such further time as may be consented to in writing by the applicant, if the application is for a subdivision of 10 or fewer lots.
Subdivision of more than 10 lots.
The Board shall grant or deny preliminary approval within 95 days of the date of submission of the complete application or within such further time as may be consented to in writing by the applicant, if the application is for a subdivision of more than 10 lots.
Failure of the Board to act within the period prescribed shall constitute major subdivision preliminary approval.
Performance bond. The applicant shall not proceed with installation of the required improvements until a performance guaranty is posted therefor, and no building permits shall be issued unless the required improvements have been completed and accepted or a performance guaranty posted therefor.
Effect of preliminary approval. Preliminary approval of a major subdivision shall, except as provided in Subsection D herein, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval.
That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layout and design standards for streets, curbs and sidewalks; lot size; yard dimensions and off-tract improvements; except that nothing herein shall be construed to prevent the Borough from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.
That the applicant may submit for final approval, on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary subdivision plat.
That the applicant may apply for and the Board may grant extensions on such preliminary approval for additional periods of at least one year but not to exceed a total extension of two years; provided, however, that if the design standards have been revised by ordinance, such revised standards may govern.
The comprehensiveness of the development, provided that if the design standards have been revised, such revised standards may govern.
Final approval of major subdivision.
The Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by Subsection L the conditions of preliminary approval and the standards prescribed by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.
Final approval shall be granted or denied within 45 days after submission of a complete application to the Secretary or within such further time as may be consented to in writing by the applicant. Failure of the Board to act within the period prescribed shall constitute final approval and a certificate of the Secretary as to the failure of the Board to act shall be issued on request of the applicant. Such certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required, and shall be so accepted by the County Clerk for purposes of filing subdivision plats. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.3, the Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period. Whenever the Board shall grant approval subject to conditions, a notation shall be made on the plat indicating that "the approval of the subdivision is subject to conditions as set forth in the minutes of the Board."
The applicant shall submit to the Clerk, at the time of submission of the application for final approval of a major subdivision, payment of such fee as established in § 219-60.
Effect of final approval of major subdivision.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to Subsection J, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval, provided that the rights conferred by this subsection shall expire if the plat has not been duly recorded within the time provided in Subsection M. If the applicant has followed the standards prescribed for final approval, and has duly recorded the plat as required in Subsection M, the Board may extend such period of protection for one year with no more than three such extensions. Notwithstanding any other provisions of this chapter, the granting of final approval shall terminate the time period of preliminary approval pursuant to Subsection K for the section granted final approval.
Recording of final approval. Final approval of a major subdivision shall expire 95 days from the date of signing of the plat unless within such period the plat shall have been duly filed by the developer with the County Clerk. The Board may, for good cause shown, extend the period for recording for an additional period not to exceed 190 days from the date of signing of the plat.
Selling before approval; penalty; suit by Borough.
To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with Subsection F.
In any such action, the transferee, purchaser or grantee shall be entitled to the statutory 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 shall be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of such land or within six years, if unrecorded.
Inspection process and fees. Before granting preliminary approval of an application for a major subdivision, the Board shall require the applicant to deposit with the Borough the inspection fees provided in § 219-60 to compensate the Borough Engineer for inspecting the sidewalk, curb, street and storm drainage improvements and other appropriate improvements. After approval and after the applicant has initiated construction thereof, the Borough Engineer shall make the inspections and submit written reports with respect to the results of such inspections to both the Secretary of the Board and the applicant. Additionally, the Borough Engineer shall advise the Secretary and the applicant of his inspection fees. Thereafter the inspection fees shall be paid from the deposit. If the applicant should decide to permanently discontinue work on the subdivision in question before its completion, he may make written application to the Board for the refund of the unencumbered portion of the deposit. Submission of this application shall constitute a waiver of all rights which may have accrued to him with respect to the subdivision covered by that application.
Twelve completed copies of the Borough site plan application form.
Twelve copies of any protective covenants, deed restrictions or easements presently affecting the property.
Twelve copies of the preliminary plat of the proposed site plan. A reproducible copy shall be submitted upon preliminary approval.
A certification from the Borough Tax Collector that no taxes or assessments for local improvements are due or delinquent on the property for which the site plan application is made.
The applicant shall have the right, before submitting a formal application hereunder, to request and obtain an informal conference before the Board as provided in § 219-59J.
The Board may waive any of the requirements of this subsection in the event of an application for site plan approval by a nonprofit or religious corporation or association.
Application fee. The applicant shall submit to the Clerk, at the time of submission of an application for site plan approval, payment of the fee provided in § 219-60.
The site plan shall be clearly and legibly drawn or reproduced, at a scale of not less than 50 feet to the inch, on sheets of equal size and maximum size of 30 inches by 42 inches. It shall be drawn and sealed by a land surveyor and/or professional engineer licensed by the State of New Jersey. The site plan shall be designed in compliance with the provisions of this section and shall contain the following information.
The title of the site plan.
The Tax Map sheet, block and lot number(s) of the tract as shown on the latest Borough Tax Map.
The acreage of the tract to the nearest tenth of an acre.
The names and addresses of the owner and applicant, so designated.
A schedule shall be placed on the map indicating the acreage of the tract, the zone, minimum required lot areas, setbacks, yards and dimensions.
A key map, at a scale of one inch equals 2,000 feet, showing the location of the tract with reference to surrounding areas, existing streets which intersect or border the tract, the names of all such streets and any Borough boundary which is within 500 feet of the site.
The names of all owners of and property lines of parcels within 200 feet of the site, including properties across the street, as shown by the most recent records of the Borough.
Existing one-foot interval contours based on United States Coast and Geodetic Survey datum (MSL-O) shall be shown extending a minimum of 100 feet beyond the boundary of the tract in question and shall be certified by a New Jersey licensed surveyor or professional engineer as to accuracy, except that where the slopes exceed 5%, a two-foot interval may be used. The source of elevation datum base shall be noted.
All existing streets, watercourses, floodplains, floodways and flood areas within the proposed site and within 200 feet of the boundaries thereof, both the width of the paving and the width of the right-of-way of each street and existing public easements.
All existing structures, an indication of those which are to be destroyed or removed and the front, rear and side yard dimensions of those to remain. Structures to be removed shall be indicated by dashed lines; structures to remain shall be indicated by solid lines.
The boundaries, nature and extent of wooded areas and other important physical features, including swamps, bogs and ponds, within the proposed site and within 200 feet thereof.
All proposed public easements or rights-of-way and the purposes thereof and proposed streets within the proposed site. The proposed streets shall show the right-of-way and proposed pavement width.
The existing system of drainage of the site and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.
The acreage of the drainage arcs (or areas) of each natural or man-made watercourse traversing the site, including the area within the site and the area upstream from the site.
The North arrow and written and graphic scales.
A copy of any existing or proposed covenants or deed restrictions applying to the site or certification that none exist.
Utility layouts showing the methods of connections and source of service.
Such other information or data as may be required by the Joint Land Use Board in order to determine that the details of the site plan are in accordance with the standards of the ordinances of the Borough and all other general law.
The plat shall show or be accompanied by a grading and drainage plan which will show locations of all existing and proposed drainage swales and channels, retention and recharge basins, the scheme of surface drainage and other items pertinent to drainage, including the approximate proposed grading contours at one-foot intervals, except that, if slopes exceed 5%, a two-foot interval may be used.
The plan shall outline the approximate area contributing to each inlet.
All proposed drainage shall be shown, with pipe type and sizes, invert elevations, grades and direction of flow. The direction of flow of all surface waters and of all watercourses shall be shown.
The grading and drainage plan shall be accompanied by drainage calculations made in accordance with standards set forth herein.
The plan shall consist of an outline of the entire drainage basin in which the property is located. The terminus of the basin and existing ground contours or other basins for determining basin limits shall be shown.
Pertinent off-site existing drainage, which receives or discharges runoff from or onto the site, shall be shown with elevations of other appropriate physical data for open or nonpipe conduits.
Profiles showing all proposed drainage, all existing and proposed finished roadway grades, channel section details, pipe sizes, type, inverts, road crowns and slopes and all other proposed drainage structures and connections.
Sectionalization and staging plan. The plat shall be accompanied by a sectionalization and staging plan if applicable, showing the following. If the site plan is proposed to be constructed in sections, the plan shall show each such section. The staging of the various sections shall be such that, if development were to be discontinued after the completion of any section, the developed portions would be provided with adequate street drainage and utility systems. The size and staging of each section shall be established to promote orderly development and shall be subject to the approval of the Board. During construction of the development, the developer shall fully comply with the sectionalization and staging plan in accordance with the preliminary approach. If, for any reason, the developer does not fully comply with the approved sectionalization and staging plan, no building permits shall be issued until such time as the developer makes application to and receives approval from the Board for a revised staging and sectionalization plan. The Board may modify the plan and impose time restrictions or require the developer to construct the development in accordance with an approved staging and sectionalization plan.
The map must include certification for the signatures of the Chairman, the Secretary and the Board Engineer.
The proposed spot or finished elevations at all property corners, curb, corners of all proposed structures, first-floor elevation of all proposed structures and those to remain, and drainage arrows designating the direction of overland drainage flow and the proposed use or uses of land and all structures.
Detailed utility layouts and cross sections (sewers, water, gas, electric, telephone, etc.) showing feasible connections to any existing or proposed utility systems; provided, however, that detailed layouts of gas, electric and telephone lines are not required. Layouts shall include the proposed location of fire hydrants. If private utilities are proposed, they shall comply with all local, county and state regulations.
The method of sewage and solid waste disposal shall be described.
The distances measured along the right-of-way lines of existing streets abutting the property to the nearest intersections with other public streets.
The vehicular circulation pattern on the site and the means of ingress to and egress from the development, showing, in particular, the size and location of driveways and curb cuts, walkways, the proposed traffic channels, acceleration and deceleration lanes, if any, and any other means of controlling vehicular and pedestrian traffic.
The location and design of any on-site parking areas or loading areas, showing the size and location of spaces, bays, aisles and barriers.
The location, direction of illumination, height, intensity and hours of operation of the existing or proposed outdoor lighting, to be expressed in average horizontal footcandles.
The location, size and type of directional, regulatory or advisory signs or pavement markings.
The location and use of existing structures within 100 feet of the tract boundaries.
The specific size and species of individual existing mature trees of a size of six inches in diameter at breast height (dbh) and masses of existing mature woodland [predominantly trees greater than four inches in diameter at breast height (dbh)] and any other significant natural vegetation or natural features. The plans must indicate all existing mature vegetation to be preserved, relocated (including the proposed location of transplanted trees) or removed.
The location of driveways within 100 feet of the site boundaries.
The location and type of garbage and refuse disposal facilities.
Soil erosion and sedimentation control plans shall be submitted.
Preliminary architectural plans and elevations shall accompany the site plan submission.
The locations and type of the nearest and/or proposed fire hydrant.
Sight triangles shall be provided and shown on the plat as required by this chapter.
The Board may waive any of the requirements of this section of details specified to be shown on the site plan in any given application if the Board determines that strict adherence to the requirements or details would be superfluous or unduly burdensome to the applicant and not in the best interest of the Borough. The Board, in its discretion, may permit an applicant to use alternative types of improvements where good cause is shown and where the proposed type of improvement would at least be the equivalent of the improvement standards in this chapter.
A preliminary landscape plan. The plan shall be prepared on a halftone copy of the Engineer's grading plan, showing existing and proposed grades, and shall indicate the location and spacing of shade trees, ornamental trees, evergreen trees, shrubs, ground cover and lawn, utilizing different graphic symbols for each which are representative of the size of the plant, within a period of 10 years after installations, and shown to scale. The plan shall include a planting schedule indicating the quantity, common name, botanical name, installed size (including height and caliper for shade and ornamental trees), root and quality for all proposed plantings. The plan shall indicate the construction materials, location and size of any berms, walls, fences, pavements or site amenities to be provided. Then appropriate or required, a graphic section illustration at a scale of one inch equals 10 feet or larger shall be provided to indicate the effectiveness of proposed or existing materials as a buffer in relation to the heights of the area being screened.
The applicant shall detail what provisions are to be incorporated in the site development with regard to access for emergency and fire-fighting equipment and for fire safety.
An environmental impact assessment shall be required where the property for which an approval is sought contains wetlands or is within 200 feet of wetlands. In addition, the Joint Land Use Board may require an environmental impact assessment in regard to any application before the Board. Where an environmental impact assessment is required, the applicant shall provide such a submission in accordance with the requirements of § 219-59H and the New Jersey Department of Environmental Protection. The environmental impact assessment shall be required to be prepared and submitted with the preliminary application, and the application may be deemed incomplete without it. In those cases where an impact statement is required by the New Jersey Department of Environmental Protection or other outside agency, a copy of the same shall be submitted to the Joint Land Use Board for review.
State and/or federal regulatory agency approval, as required.
Burlington County Conservation District approval, where required.
An affidavit setting forth the names and addresses of all record title owners of the subject property included on the site plan and the consent, in writing, of all such owners to the approval of such site plan shall accompany the final plat or shall be shown thereon.
Such other submittals as may be required by federal, state or local law. If the Board agrees, final approval may be granted conditioned upon the receipt of any necessary subsequent approvals, but no approval signatures will be affixed to any plat prior to obtaining any such required approvals. The Board may determine a reasonable time for obtaining all such required approvals; and such time in no case shall exceed one year. In the event that such required approvals are not obtained within such time, the conditional approval shall lapse, and submission of a new application will be necessary.
A written description of the proposed operations in sufficient detail to indicate the effects of those operations in producing traffic congestion, noise, glare, air pollution, fire hazards or safety hazards; in addition, a description of the proposed number of shifts, if shiftwork operation is contemplated, together with a projection of the maximum number of employees per shift or, where shiftwork is not contemplated, then a projection of the proposed hours of operation for commercial use.
In the Pinelands Area, such other information as may be required for compliance with the Pineland Comprehensive Management Plan.
Planting details which conform with nursery standard details.
A complete signage package plan or document graphically indicating the dimensions, area, height, location, copy and type for all existing and proposed signage to be erected in conjunction with the proposed development.
Submission of application. Upon receipt of an application for a site plan approval, together with the required supporting documents, and payment of the prescribed fee, the Clerk shall forthwith submit to the Secretary who shall submit one copy each of the application and supporting documentation to the Borough Engineer and to the Attorney for the Board for a report thereon to the Board. These reports shall be submitted to the Board at least two days prior to the meeting of the Board at which the application will be considered. These reports shall comment on the completeness of the application in conformity with this chapter and state whether the application is in compliance with all requirements of applicable laws and ordinances. The Engineer shall also advise as to the likelihood of off-tract improvements being required, and if such shall be the case, shall advise the Borough Council which shall then act pursuant to § 219-59C. The Secretary shall also place the application on the agenda of the Board meeting, next following 14 days from the date of submission of the complete application, and shall advise the applicant of such date. In the event that the Secretary determines that a literal compliance with the time requirements of this subsection, in the case of a site plan of 10 or fewer acres, will cause the application not to be considered by the Board within the 45 days of the submission of the application, the Secretary shall so advise the Board at its next meeting and the Board shall schedule a special meeting for consideration of the application within the forty-five-day period.
County Planning Board. The applicant, where required, pursuant to N.J.S.A. 40:27-6.6, shall comply with the provisions of § 219-56F as same shall apply to a site plan.
Site plan of 10 acres or less. The Board shall grant or deny preliminary approval within 45 days of the date of submission of the complete application or within such further time as may be consented to in writing by the applicant if the application is for approval of a site plan of 10 acres of land or less.
Site plan of more than 10 acres.
The Board shall grant or deny preliminary approval within 95 days of the date of submission of the complete application or within such further time as may be consented to in writing by the applicant if the application is for approval of a site plan of more than 10 acres.
Failure of the Board to act within the period prescribed shall constitute site plan preliminary approval.
Whenever the Board shall grant approval subject to conditions, a notation shall be made on the plat indicating that "the approval of the site plan is subject to conditions as set forth in the minutes of the Board."
Effect of preliminary approval. Preliminary approval of a site plan shall have the same effect upon the applicant as enumerated in § 219-57J as the same shall apply to a site plan, provided that the engineering review fee shall be as set forth in § 219-60.
Final approval of site plans.
Conformance with standards. The Board shall grant final approval if the detailed drawings, specifications and estimates of the application for final approval conform to the standards established by Wrightstown Borough ordinance and the conditions of preliminary approval.
Time for approval. Final approval shall be granted or denied within 45 days after submission of a complete application to the Secretary or within such further time as may be consented to in writing by the applicant. Failure of the Board to act within the period prescribed shall constitute final approval and a certificate of the Secretary as to the failure of the Board to act shall be issued on request of the applicant. Such certificate shall be sufficient in lieu of the written endorsement or other evidence of approval herein required.
County Planning Board Approval. Whenever review or approval of the application by the County Planning Board is required by N.J.S.A. 40:27-6.6, the Borough Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
Conditions of approval. Whenever the Board shall grant approval subject to conditions, a notation shall be made on the plat indicating that "the approval of the site plan is subject to conditions as set forth in the minutes of the Board."
The applicant shall submit to the Clerk, at the submission of the application for final approval of a site plan, payment of such fee as established in § 219-60.
Effect of final approval of site plans.
The zoning requirements applicable to the preliminary approval first granted, and all other rights conferred upon the applicant pursuant to Subsection G, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the applicant has followed the standards prescribed for final approval, the Board may extend such period of protection for one year with no more than three such extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to Subsection G.
Inspection fees. Before granting preliminary approval of an application for site plan, the Board shall require the applicant to deposit with the Borough the inspection fees provided in § 219-60 to compensate the Borough Engineer in performing an inspection of the sidewalk, curb, street and storm drainage improvements and other appropriate improvements. After approval, and after the applicant has initiated construction thereof, the Borough Engineer shall make the inspections and submit written reports with respect to the results of such inspections to both the Secretary of the Board and the applicant. Additionally, the Borough Engineer shall advise the Secretary and the applicant of his inspection fees. Thereafter the inspection fees shall be paid from the deposit. If the applicant should decide to permanently discontinue work on the site plan in question before its completion, he may make written application to the Board for the refund of the unencumbered portion of the deposit. Submission of this application shall constitute a waiver of all rights which may have accrued to him with respect to the site plan covered by that application.
Requirement for site plan approval. Prior to the excavation, grading or clearing of land for construction of, or issuance of any permit by the Code Enforcement Official or Zoning Officer of the Borough for any building, structure or use within the Borough with the exception of a single-family detached dwelling in a residential zone, which is intended to be used exclusively for residential purposes, site plan approval for the proposed building, structure or use shall be obtained from the Board. No certificate of occupancy shall be permitted unless all construction and required improvements are completed in conformity with the approved site plan.
In the event that the development proposed by an application for subdivision or site plan requires an approval by a governmental agency other than the Board, the Board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the Board shall make a decision on any application for development within the time period provided in this chapter or within an extension of such period as has been agreed to by the applicant unless the Board is prevented or relieved from so acting by the operation of law.
In the event that a developer submits an application for subdivision or site plan proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the Board shall process such application in accordance with this chapter and other applicable regulations, and, if such application complies with this chapter and such regulations, the Board shall approve such application conditioned on removal of such legal barrier to development.
Tolling of running of period of approval. In the event that, during the period of approval, heretofore or hereafter granted to an application for subdivision or site plan, the developer is barred or prevented, directly or indirectly, from proceeding with the development, otherwise permitted under such approval, by a legal action instituted by any state agency, political subdivision or other party to protect the public health and welfare or by a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health or welfare and the developer is otherwise ready, willing and able to proceed with such development, the running of the period of approval under this chapter shall be suspended for the period of time legal action is pending or such directive or order is in effect.
The total cost thereof shall be estimated by the Borough Engineer.
The benefit accruing to the proposed subdivision or site plan by the improvements and/or facilities.
The benefit accruing to lands outside of the property limits of the subdivision or tract.
The Borough Council shall determine such pro-rata share by establishing a ratio between the benefit accruing to the proposed subdivision or site plan and the total benefit accruing by reasons of improvements and/or facilities and applying it to the total cost.
The final cost of the completed improvements and/or facilities shall be ascertained by the Borough Engineer, who shall advise the Borough Council and the developer of the final cost. The estimated pro-rata share shall be modified by the actual final cost and appropriate adjustments made.
The standards established to determine such pro-rata share shall not be altered subsequent to preliminary approval to apply to such subdivision or site plan.
Where a developer pays the amount determined as his pro-rata share under protest, he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.
Such payment shall be made by a deposit of cash and the developer shall agree to make additional payment upon determination of the actual cost, if there be any. Such payment shall be made within 30 days of the determination of the Borough Council of the pro-rata share.
The developer and the Borough Council may enter into an agreement providing for payment of the full cost of the required off-tract improvements by the developer with a provision for future reimbursement for an agreed time as the improvements shall be utilized by others.
The Borough Council shall act within the applicable period for approval of the application by the Board, and the determination of the Borough Council shall be binding upon the Board.
Lots shall front on approved street. Every lot created by a subdivision must front directly upon an approved street which shall have a right-of-way of at least 33 feet. Access to an approved street by easement shall not meet the requirements of this subsection and shall only be permitted in the event that the requirement of this subsection is waived by the approving authority. The narrow portion of a flag lot that provides access from the approved street to the portion of the lot on which the buildings may be erected shall have a minimum width of 30 feet.
If the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways, flood-control basins, or public areas within the proposed development, before approving a subdivision or site plan, the Board may further require that such streets, ways, basins or areas be shown on the plat in locations and sizes suitable to their intended uses. The Board may reserve the location and extent of such streets, ways, basins or areas shown on the plat for a period of one year after approval of the final plat or within such further time as may be agreed to by the developer. Unless, during such period or extension thereof, the Borough has entered into a contract to purchase or institute condemnation proceedings, according to law, for the fee or a lesser interest in the land comprising such streets, ways, basins or areas, the developer shall not be bound by such reservations shown on the plat and may proceed to use such land for private use in accordance with applicable development regulations. The provisions of this section shall not apply to streets and roads, flood-control basins, or public drainageways necessitated by the subdivision or site plan and required for final approval. The developer shall be entitled to just compensation for actual loss found to be caused by such temporary reservation and deprivation of use. In such instance, unless a lesser amount has previously 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 pro-rated for the period of reservation. The developer shall be compensated for the reasonable increased cost of legal, engineering or other professional services incurred in connection with obtaining subdivision or site plan approval, as the case may be, caused by the reservation.
In the event that the developer claims an entitlement to such just compensation, he shall present a claim therefor to the Board within 30 days after the Board has made such reservation. The Board shall then advise the Borough Council of the claim and recommend a just compensation figure. The Borough Council shall meet with the developer in an attempt to agree upon such figure and the method of payment. In the event that there is no such agreement, the Borough Council shall set forth its position in a resolution and the developer shall then be entitled to institute legal action for a judicial determination as to the amount of just compensation and/or the method of payment. In the event of agreement on such figure and the method of payment, the Borough Council shall adopt a resolution memorializing the agreement and implementing payment, and shall submit a copy of such resolution to the developer and the Secretary.
The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision on or before August 1, 1973, may apply in writing to the Secretary for the issuance of a certificate certifying whether or not such subdivision has been approved by the Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
The Secretary shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. The Secretary shall keep a duplicate copy of such certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.
That there exists in the Borough a duly established Joint Land Use Board and whether there is an ordinance controlling subdivision of land adopted under the authority of the Municipal Land Use Law.
Whether the subdivision, as it relates to the land shown in such application, has been approved by the Board, and, if so, the date of such approval and any extensions and terms thereof.
The Secretary shall be entitled to demand and receive for such certificate issued by him the fee established by N.J.S.A. 54:5-14 and 54:5-15. The fees so collected by the Secretary shall be paid by him to the Borough.
A performance guaranty in favor of the Borough in an amount equaling 120% of the cost, as estimated by the Borough Engineer, of installation of improvements it may deem necessary or appropriate, including: streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., water mains, culverts, storm sewers, sanitary sewers, or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, and public improvements of open space land, in the case of site plans only, other on-site improvements and landscaping.
Provisions for a maintenance guaranty to be posted with the Borough Council for a period of two years after final acceptance of the improvement, in an amount equaling 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 the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Borough for such utilities or improvements.
Reduction of performance guaranty. The amount of any performance guaranty may be reduced by the Borough Council, by resolution, when portions of the improvements have been certified by the Borough Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by such body by resolution.
Performance by Borough. If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, shall be liable thereon to the Borough for the reasonable cost of the improvements not completed or corrected and the Borough may, either prior to or after the receipt of the proceeds thereof, complete such improvements.
Completion of improvements; inspection. When all of the required improvements have been completed, the obligor shall notify the Borough Council, in writing, by certified mail addressed in care of the Borough Clerk of the completion of such improvements and shall send a copy thereof to the Borough Engineer. Thereupon the Borough Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the Borough Council, 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.
The Borough Council shall either approve, partially approve or reject the improvements, on the basis of the report of the Borough Engineer and shall notify the obligor, in writing, by certified mail of the contents of such report and the action of the Borough Council with relation thereto, not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. 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 Borough Council 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 all liability, pursuant to such performance guaranty.
If any portion of the required improvements is rejected, the Board 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.
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Borough Council or the Borough Engineer.
Inspection fees. The obligor shall reimburse the Borough for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements.
A description of the subdivision or site plan which shall specify what is to be done and how it is to be done, during construction and operation, as well as a recital of alternative plans deemed practicable to achieve the objective.
An inventory of existing environmental conditions at the project site and in the immediate surrounding region which shall describe air quality, water quality, water supply, hydrology, geology soils and properties thereof, including capabilities and limitations, sewerage systems, topography, slope, vegetation, wildlife, habitat, aquatic organisms, noise characteristics and levels, demography, land use, aesthetics and history. Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey, and soils shall be described with reference to criteria contained in the Burlington County Soil Conservation District Standards and Specifications.
An assessment of the probable impact of the development upon all items set forth in Subsection H(1)(b) hereinabove.
All assessments made of the probable impact of the subdivision or site plan shall be closely coordinated and in harmony with the Wrightstown Borough NRI when it is completed. As a direct result of the investigations made under the environmental impact report, a listing shall be provided which shall be all-inclusive stipulating the licenses, permits and approvals needed to be furnished by state, county or municipal law. The status of these permits and approvals shall also be included.
During the preparation of the impact report, the applicant shall contact all concerned federal, state, county or other municipal agencies or officials adjacent thereto or affected by the proposed development. The report shall include, as a result thereof, the conclusions and comments of all concerned governmental officials and agencies. All relevant correspondence between the applicant and these officials and agencies shall be included in the report.
A listing and evaluation of adverse environmental impacts which cannot be avoided, with particular emphasis upon air or water pollution, increase in noise, damage to natural resources, displacement of people and businesses, displacement of existing farms, increase in sedimentation and siltation and relevant increases in municipal services. Off-site impact shall also be set forth and evaluated.
A description of steps to be taken to minimize adverse environmental impacts during construction and operation, both at the site and in the surrounding region. Such description shall be accompanied by necessary maps, schedules and other explanatory data which may be needed to clarify and explain the action to be taken. The developer or his consultants in overall charge of the environmental impact report shall include therein all steps that the applicant or developer must undertake to successfully implement the report. Recommended steps shall include a positive statement affirming the developer's intent to undertake this work by using terms such as "shall be" and "must."
A statement concerning any irreversible and irretrievable commitment of resources which would be involved in the proposed subdivision or site plan which might avoid some or all of the adverse environmental effects, including a no-action alternative.
Submission of report; review by Borough. The Secretary shall submit the environmental impact report to the Borough Environmental Commission for review and report thereon to the Board. This report shall be submitted to the Board at least two days prior to the meeting of the Board at which the application will be considered. Upon completion of all reviews and public hearing, the Board shall either approve or disapprove the environmental impact report as a part of its underlying function with respect to subdivision or site plan review. In reaching a decision, the Board shall take into consideration the effect of the applicant's proposed subdivision or site plan upon all aspects of the environment as outlined above as well as the sufficiency of applicant's proposals for dealing with any immediate or projected adverse environmental effects.
Exceptions to requirements. Notwithstanding the foregoing, the Board and Environmental Commission may, at the request of an applicant, waive the requirement for an environmental impact report if sufficient evidence is submitted to support a conclusion that the proposed development will have a slight or negligible environmental impact. Portions of such requirements may likewise be waived upon a finding that the complete report need not be prepared in order to evaluate adequately the environmental impact of a particular project.
Public and quasi-public projects. An environmental impact report as required herein shall also be submitted for all public or quasi-public projects unless such are exempt from the requirements of local law by supervening county, state or federal law and unless waived in accordance with the provisions of Subsection H(1)(c) herein.
Filing of subdivision plats. No subdivision plat shall be submitted for filing to the County Clerk until it has been approved by the Board, as indicated on the instrument by the signature of the Chairman and Secretary of the Board, or a certificate has been issued pursuant to §§ 219-56G and 219-59F. The signatures of the Chairman and Secretary of the Board shall not be affixed until the developer has posted the guaranties required pursuant to § 219-59G. If the County Clerk records any plat without such approval, such recording shall be deemed null and void, and upon request of the Borough, the plat shall be expunged from the official records, pursuant to statute.
Informal conference prior to submission.
Any person intending to submit an application for subdivision or site plan approval before the submission of the complete application, as appropriate, may request, at least two weeks before a regularly scheduled meeting of the Board, of the Secretary an informal conference and discussion with the Board in order to advise the Board of the general nature and conceptual approach of the proposed subdivision or site plan and to enable the Board to preliminarily express its views on any area of concern. There shall be no charge to such person for this informal hearing and discussion.
Any plans or other relevant documents should be simultaneously presented to the Board in this informal process, whether or not such plans may meet the requirements set forth in this chapter.
This provision shall be understood in accordance with its purpose, which is to encourage informal discussion of proposed plans for development prior to expenditures of time and money on the part of both an applicant and the Board in order to permit the Board to appropriately act within the prescribed time limitations.
The applicant, when required by the provisions of this chapter, shall pay to the Clerk fees as set forth in § 219-60.
The Board may waive any or all of any fee established herein if the applicant is a nonprofit or religious corporation or association.
All processing fees shall be nonrefundable.
Each technical review fee shall be adjusted to reflect the actual time required for review multiplied by the rate established in the schedule of professional fees adopted annually by the Borough Council, to the end that should there be any amount unexpended for professional review of an application, the unexpended balance shall be refunded to the applicant, and further, that should the fee deposited be insufficient to satisfy the expenses of professional review, the applicant shall be required to deposit such additional funds as may be determined to be proper by the Board in order to satisfy such expenses.
An applicant shall also make payment of any fees required by any other governmental bodies.
Checklist for land subdivision and site plan review. At the time the applicant is furnished with the application for land subdivision and/or site plan approval, he shall be supplied with a checklist which shall set forth the specific documents that are required to be filed at the time of the submission of the application. Each checklist requirement shall be in accordance with the provisions of the ordinances as set forth previously.
Determination of completeness of application. An application for land subdivision and/or site plan review approval shall be complete for purposes of commencing the applicable time period for action by the Board when so certified by the Board or its authorized committee or designee. In the event that the Board or its authorized committee or designee does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless the application lacks information indicated on the checklist set forth above which is provided to the applicant, and the Board or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of the submission of the application. The applicant may request that one or more of the submission requirements be waived, in which event the Board's authorized committee or designee shall grant or deny the request within 45 days. Nothing herein shall be construed as diminishing the applicant's obligation to prove in the application process that he is entitled to approval of the application. The Board may subsequently waive correction of any information found to be in error and submission of additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for the approval of the application have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents as required by the Board.
A memorializing resolution adopted at a meeting held not later than 45 days after the date of the meeting at which the Board voted to grant or deny approval. Only the members of the Board who voted for the action taken may vote on the memorializing resolution, and the vote of a majority of such members present at the meeting at which the resolution is presented for adoption shall be sufficient to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9, resulting from the failure of a motion to approve an application, shall be memorialized by resolution as provided above, with those members voting against the motion for approval being the members eligible to vote on the memorializing resolution. The vote on any such resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filing and publications required by N.J.S.A. 40:55D-10. If the Board fails to adopt a resolution or memorializing resolution as hereinabove specified, any interested party may apply to the Superior Court in a summary manner for an order compelling the Board to reduce its findings and conclusions to writing within a stated time and the costs of the application, including attorney's fees, shall be assessed against the Borough.
The developer shall, at the time of filing an application for the development, pay a nonrefundable application fee by certified check, cash or bank money order and a separate escrow fee by certified check, cash or bank money order to the Borough of Wrightstown as set forth in the following schedule, with the exception that one nonbinding informal discussion or one informal filing and discussion of a concept plan with the Joint Land Use Board shall be free of charge.
The application charge is a flat fee to cover administrative expenses and is nonrefundable. The escrow account is established to cover the costs of professional services, including engineering, planning, legal and other expenses connected with the review of the submitted materials, including any traffic engineering review or other special analysis related to the Borough's review of the submitted materials, or any necessary studies regarding off-tract improvements. Sums not utilized in the review process shall be returned to the applicant within 15 days of the issuance of a certificate of occupancy for the development. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow within 15 days; should the applicant not add such sum to the escrow within said 15 days, the applicant shall indicate in writing, prior to any further consideration of the application by the Borough, why such sum is not being paid.
Where one application for development includes several approval requests, the sum of the individual required application and escrow fees shall be paid.
Each applicant for subdivision or site plan approval shall agree to pay all reasonable costs for professional review of the application and for inspection of the improvements. All such costs for review must be paid before any approved plat, plan or deed is signed and all inspection fees must be paid before and construction permit is issued, and all remaining costs must be paid in full before any occupancy of the premises is permitted or certificate of occupancy issued. Payment of any bill rendered by a professional to the municipality with respect to any service for which the municipality is entitled to reimbursement under this chapter shall in no way be contingent upon receipt of reimbursement by the applicant, nor shall any payment to a professional be delayed pending reimbursement from an applicant.
The Certified Municipal Finance Officer shall maintain an itemized account for each application and shall supply a copy of the account to an applicant upon request. The Finance Officer of the Borough shall periodically advise the Administrative Officer of the balance of all escrow accounts and when additional funds are required. It shall be the obligation of the Administrative Officer to notify the applicant of the amount needed and to notify the Joint Land Use Board of any refusal or failure to properly make any payment required.
If an applicant desired a court reporter, the cost for taking testimony and transcribing it and providing a copy of the transcript to the Borough shall be at the expense of the applicant who shall arrange for the reporter's attendance.
Certified list of property owners.
Copy of minutes, transcripts or decisions.
$1.00/page for first copy of said page, plus $0.25/copy for each additional copy of said page.
Inspection costs for on-site and off-site bonded improvements; escrow fees.
The required inspection escrow fee shall be posted prior to the commencement of any construction.
This fee shall be held in reserve by the Borough and used to pay the costs of inspecting the construction. It shall be the obligation of the developer to pay for the actual costs of inspecting the construction. Any excess moneys shall be remitted to the developer upon approval of all improvements as provided herein. Any additional inspection costs shall be paid by the developer prior to the approval of the improvements by the governing body, as provided for herein.
The required guaranties shall be posted with the Borough Clerk prior to the signing of the final plat, the issuance of any building permits or the commencement of any construction.
In the event that final approval of a development has been granted in stages or sections and hence the construction of the required improvements is to be undertaken in stages or sections, bonding and inspection of improvements shall also be in stages of sections.
The minimum inspection cost shall be $500. The inspection fee may be utilized to pay any engineering, legal or other professional fees incurred by the Borough in regard to the developer's obligation to properly install site improvements.
For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the reasonable anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Borough Engineer for inspection, the developer shall deposit the remaining 50% of the anticipated inspection fees.
For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Borough Engineer for inspections, the developer shall make additional deposits of 25% of the reasonably anticipated fees.
The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
Resolution preparation (escrow fee). Escrow fees shall be posted by the applicant to be drawn upon for resolution preparation. The resolution preparation fee is in accord with the attorney fee agreement on file with the Board Secretary.
All escrow fees paid and described herein shall be placed in an escrow account to be utilized by the Borough to pay for any fees it may incur through the use of its Attorney or Engineer in reviewing or preparing documents concerning the subject application. That portion of the escrow which remains unused after complete action has been taken on the application shall be returned to the applicant. The applicant shall be responsible for payment for any legal or engineering fees incurred by the Board in regard to the subject application and which are in excess of the escrow amount paid by the applicant.
Whenever the escrow fees paid and described herein shall exceed $5,000, it shall be deposited in a banking institution or savings and loan association in this state, insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the State of New Jersey in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The treasurer shall notify the applicant, in writing, of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. If the amount of interest earned on the deposit exceeds $100, the entire amount shall belong to the applicant and shall be refunded to him by the Borough on an annual basis or at the time the deposit is repaid or applied for the purpose it was deposited; provided, however, that the Borough may retain for administrative expenses a sum equivalent to no more than 33 1/3% of the entire amount which shall be in lieu of all other administrative and custodial expenses. In the event that the interest paid on a deposit for a year does not exceed $100, the same is to be retained by the Borough.
Performance guaranties. Whenever any performance guaranty required for development is deposited in cash or by certified check and is in excess of $5,000, it shall continue to be the property of the applicant and held in trust by the Borough until it is repaid or applied to the purposes for which it was deposited. The money so received shall be held in escrow and deposited in a banking institution or savings and loan association in this state, insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the State of New Jersey in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The Treasurer shall notify the applicant, in writing, of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. If the amount of interest earned on the deposit exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the Borough on an annual basis or at the time the deposit is repaid or applied for the purpose it was deposited; provided, however, that the Borough may retain for administrative expenses a sum equivalent to no more than 33 1/3% of the entire amount which shall be in lieu of all other administrative and custodial expenses. In the event that the interest paid on a deposit for a year does not exceed $100, the same is to be retained by the Borough.
Exemption from payment of fees. In accordance with N.J.S.A. 40:55D-8, any philanthropic, fraternal and religious nonprofit organizations holding a tax-exempt status under the Federal Internal Revenue Code of 1954 are hereby exempt from the payment of any fees charged under this chapter by virtue of the provisions of N.J.S.A. 40:55D-1 et seq., except that such organization shall be responsible for the payment of the actual engineering fees, planning fees, and legal fees incurred by the Borough Joint Land Use Board in regard to an application by such organization.
Conformance with requirements and principles. The applicant shall observe the requirements and principles of land subdivision and site plan development in the design of each minor or major subdivision or portion thereof for site plan development in a manner also conforming with other ordinances of the Borough, as well as the Borough land subdivision and site plan design standards code.
General. Any minor or major subdivision or site plan shall demonstrate conformance to design standards that will encourage sound development patterns within the Borough. Where either an Official Map or Master Plan have been adopted, the subdivision or site plan shall conform to the proposals and conditions shown thereon. The streets, drainage rights-of-way, school sites, public parks and playgrounds, scenic sites, historic sites and flood-control basins shown on the officially adopted master plan or official map shall be considered in the approval of subdivision plats and site plans. In accordance with good subdivision design practices, extreme deviations from rectangular lot shapes and straight lot lines shall not be allowed unless made necessary by special topographic conditions or other special conditions acceptable to the Board. All improvements shall be installed and connected with existing facilities, or installed in required locations to enable future connections with approved systems or contemplated systems, and shall be adequate to handle all present and probable future development.
A code for the establishment of standards required for subdivision and site plan development design, including design standards regulating streets, blocks, lots, natural features and shade trees, topsoil protection, monuments, street signs and lights, curbs, sidewalks and driveways, is hereby established for the Borough of Wrightstown.
As required by N.J.S.A. 40:49-5.2, three copies of such code shall be on file in the office of the Borough Clerk and is hereby adopted and incorporated as if fully set forth herein.
The code herein adopted may be cited and referred to as the "Land Subdivision and Site Plan Design Standards Code of the Borough of Wrightstown."
Issuance. No certificate of occupancy shall be issued with respect to any application for development unless and until the Borough Engineer certifies in writing to the Board and Code Official that but for final overlay of road paving, all on-site and off-site requirements as detailed on the final plan or as made a part of any resolution approving a final plan of development have been installed and appropriate maintenance guaranties are on file with the Clerk of the Borough.