The Township of East Brunswick was established in 1860. Since January 1, 1965, the
& 132-48. Effect of Final Approval. [Amended 6-10-92 by Ord. No. 92-19]
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- 132-48 LAND USE PROCEDURES 132-48
- 132-48 EAST BRUNSWICK CODE 132-48.1
- 132-48.1. Submission of Final Plat. [Added 11-12-91 by Ord. No. 91-111; amended 6-10-92 by Ord. No. 92-19]
- 132-48.1 LAND USE PROCEDURES 132-50
- 132-49. Compensation for Reserved Lands.
- 132-50. Conditional Approvals
- 132-51 EAST BRUNSWICK CODE 132-52 132-51. Suspension of Periods of Approval.
- 132-52. Common Open Space Requirements
- 132-52 LAND USE PROCEDURES 132-52
- 132-53 EAST BRUNSWICK CODE 132-53 132-53. Performance and Maintenance Guarantees. [Amended 6-10-92 by Ord.
& 132-48. Effect of Final Approval. [Amended 6-10-92 by Ord. No. 92-19] A. Site Plan or Major Subdivision. 1. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to P.L.1975, c.291 (C.40:55D-49), whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date on which the resolution of final approval is adopted; provided that, in the case of a major subdivision, the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in section 42 of P.L.1975, c.291 (C.40:55D-54). If the developer has followed the standards prescribed for final approval and, in the case of a subdivision, has duly recorded the plat as required in section 42 of P.L.1975, c.291 (C.40:55D-54), the Planning Board may extend such period of protection for extensions of one (1) year but not to exceed three (3) extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to section 37 of P.L.1975, c.291 (C.40:55D-49) for the section granted final approval. [Amended 6-10-92 by Ord. No. 92-19] 13262 5-93
& 132-48 LAND USE PROCEDURES & 132-48 2. In the case of a subdivision or site plan for a planned unit development or planned unit residential development or residential cluster of fifty (50) acres or more or conventional subdivision or site plan for one hundred fifty (150) acres or more, the Planning Board may grant the rights referred to in Subsection A of this section for such period of time, longer that two (2) years, as shall be determined by the Planning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) economic conditions and (3) the comprehensiveness of the development. The developer may apply for thereafter and the Planning Board may thereafter grant an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable taking into consideration (1) the number of dwelling units and nonresidential floor area permissible under final approval, (2) the number of dwelling units and nonresidential floor area remaining to be developed, (3) economic conditions and (4) the comprehensiveness of the development. 3. W henever the Planning Board grants an extension of final approval pursuant to subsection 1. or 2. of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date. [Added 6-10-92 by Ord. No. 92-19] 4. The Planning Board shall grant an extension of final approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of final approval or (2) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the Planning Board from granting an extension pursuant to subsection 1. or 2. of this section. [Added 6-10-92 by Ord. No. 92- 19] B.
1. Approval of a minor subdivision shall expire 190 days from the date on which the resolution of municipal approval is adopted unless within such period a plat in conformity with such approval and the provisions of the "Map Filing Law," P.L.1960, c.141 (C.46:23- 9.9 et seq.), or a deed clearly describing the approved minor subdivision is filed by the developer with the county recording officer, the municipal engineer and the municipal tax assessor. Any such plat or deed accepted for such filing shall have been signed by the
chairman and secretary of the Planning Board. 2. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted, shall not be changed for a period of 2 years after the date on which the resolution of minor subdivision approval is adopted; provided the approved minor subdivision shall have been duly recorded as provided in this chapter. 13263 5-93
& 132-48 EAST BRUNSWICK CODE & 132-48.1 3. The Board may extend the 190-day period for filing a minor subdivision plat or deed pursuant to this section if the developer proves to the reasonable satisfaction of the Board (1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi-governmental entities and (2) that the developer applied promptly for and diligently pursued the required approvals, as determined by the Board. The developer may apply for the extension either before or after what would otherwise be the expiration date. 4. The Board shall grant an extension of minor subdivision approval for a period determined by the Board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued the required approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of minor subdivision approval or (2) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later.
Upon final approval, the final plat shall be signed by the Chairman and Secretary of the Planning Board, provided that the subdivider has submitted a final plat reflecting compliance with all conditions and requirements of final subdivision approval set forth by the Planning Board and further provided that submission of the final plat for signature by the Chairman and Secretary of the Planning Board is made within ninety (90) days of the date of Planning Board 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 recording officer. The Planning 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. The Planning Board may extend the 95-day or 190-day period if the developer proves to the reasonable satisfaction of the Planning Board (1) that the developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally required approvals from other governmental or quasi- governmental entities and (2) that the developer applied promptly for and diligently pursued the required approvals. The length of the extension shall be equal to the period of delay caused by the wait for the required approvals, as determined by the Planning Board. The developer may apply for an extension either before or after the original expiration date. [Added 6-10-92 by Ord. No. 92-19] After filing the plat with the County the subdivider shall submit a signed and sealed translucent tracing and a signed and sealed cloth copy of the plat to the Department of Planning and Engineering.
At the time the Final Plat is submitted for signatures of Municipal Officials, the applicant shall submit a CAD-generated data file(s), directly translatable into an identical image of the File Map, conforming to the following: Media:
The file(s) shall be submitted upon diskette(s), either 5.25"/1.2MG or 3.50"/1.44Mb, formatted for DOS Version 3.31 or later based IBM PC's and PC compatibles. [Amended 6-10-92 by Ord. No. 92-19] 13264
5-93 & 132-48.1 LAND USE PROCEDURES & 132-50 Format:
The file shall be either: a. An AutoCAD drawing file (i.e., a "DW G" Extension file) compatible with AutoCAD Release 11 or later; [Amended 6-10-92 by Ord. No. 92-19] b. An ACSII Drawing Interchange File (i.e. a ".DXF" Extention file) compatible with AutoCAD Release 11 or later. [Amended 6-10-92 by Ord. No. 92-19] At the discretion of the applicant, Department of Planning & Engineering staff can be requested to do the required conversion to CAD at a fee in accordance with the Township Fee Schedule contained in Town Code Section 132-32. & 132-49. Compensation for Reserved Lands. W henever the East Brunswick Planning or Zoning Board shall reserve the location and extent of such street, ways, basins or areas shown on a plat submitted for subdivision or site plan approval, pursuant to N.J.S.A. 40:55D-44, the developer shall be entitled to just compensation for actual loss found to be caused by the temporary reservation and deprivation of use. 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 land reserved for the period of reservation, including but not limited to the real property taxes apportioned to the land reserved and prorated for the period of reservation. The developer shall be compensated for the reasonable increased costs of legal, engineering or other professional services incurred in connection with obtaining subdivision approval or site plan approval, as the case may be, caused by the reservation. The township shall obtain an appraisal of the value of the option from a licensed real estate appraiser and shall disclose the fair market value of the option to the developer, provided that the developer shall also obtain a fair market value of the option and disclose the same to the township. The township shall require verification of increased costs of legal, engineering or other professional services incurred by the developer. In the event that the land which is reserved shall be the subject of an application for state or federal funding, all applicable state and federal laws and regulations shall govern the timetable which shall be implemented by the township.
A. In the event that a developer submits an application for development proposing a development that is barred or prevented, directly or indirectly, by a legal action instituted by any state agency, political subdivision or any other party to protect the public health and welfare or be a directive or order issued by any state agency, political subdivision or court of competent jurisdiction to protect the public health and welfare, the m unicipal agency shall process such application for development in accordance with this chapter, and, if such application for development complies with the requirements of this chapter, the approving authority shall approve such application conditioned on removal of such legal barrier to development. B. In the event that development proposed by an application for development requires an approval by a governm ental agency other than the approving authority, the approving authority shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the approving authority 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 approving authority is prevented or relieved from so acting by the operation of law.
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& 132-51 EAST BRUNSWICK CODE & 132-52 & 132-51. Suspension of Periods of Approval. In the event that, during the period of approval heretofore or hereafter granted to an application for development, 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 or welfare and the developer is otherwise ready, willing and able to proceed with said development, the running of the period of approval under this chapter shall be suspended for the period of time said legal action is pending or such directive or order is in effect. & 132-52. Common Open Space Requirements A.
Public Ownership Common open space shall rem ain in private ownership, unless the appropriate Board determines that public ownership is desirable and unless the subdivider agrees to the necessary land donation, in which case ownership shall be in the Township of East Brunswick, or in such other public body as shall be deemed appropriate, provided that the township or such other public body shall approve such public ownership. In the event that the Board shall determ ine that there shall be public ownership of common open space but the subdivider or the public body shall not agree to the same or in the event that the Board shall not approve the form of private ownership of common open space, the Board may disapprove the application for subdivision with the reduction in lot area provisions of Article III of the Zoning Chapter. Standards for the Board determination as to public ownership shall include, but not be limited to, the following: 1. The need for public open space or recreational facilities in the areas determined by the Township Master Plan. 2. The potential for an open space connection between two (2) public open space areas.
3. The desirability of public access due to the peculiar physical characteristics of the area which make it suitable for public open space uses not otherwise available in that area. 4.
refuge. All common open space shown on a preliminary plat shall be included in the first section submitted for final approval. However, in the case of a subdivision to be developed over a period of years, the Board may permit the total area proposed for common open space to be divided among the sections submitted for final plat approval, in which case the common open space appurtenant to each such section shall comply with the minimum common open space requirements as applied to each section.
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& 132-52 LAND USE PROCEDURES & 132-52 B. Failure to maintain common open space In the event that the organization established to own and maintain common open space, or any successor organization, shall at any time after its formation fail to maintain the common open space in reasonable order and condition in accordance with the approval granted by the Planning Board, the municipality may serve written notice upon such organization or upon the residents and owners of the cluster subdivision setting forth the manner in which the organization has failed to maintain the common space in reasonable condition. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof and shall state the date and place of a hearing thereon, which hearing shall be held within fourteen (14) days of the notice. At such hearing the municipality may modify the terms of the original notice as to the deficiencies and may give an extension of time within which they shall be cured. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within thirty (30) days or any extension thereof, the municipality, in order to preserve the taxable values of the properties within the cluster subdivision and to prevent the common open space from becoming a public nuisance, may enter upon said common open space and m aintain the same for a period of one (1) year. Said entry and maintenance shall not vest in the public any rights to use the com m on open space except when the same is voluntarily dedicated to the public by the residents and owners. Before the expiration of said year, the municipality shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization or to the residents and owners of the cluster subdivision, to be held by the Health Officer, at which hearing such organization or the residents and owners of the cluster subdivision shall show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for a succeeding year. If the Health Officer shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the municipality may, in its discretion, continue to maintain said-common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter. The decision of the Health Officer in any such case shall constitute a final administrative decision subject to judicial review. The cost of such maintenance by the municipality shall be assessed ratably against the properties within the cluster subdivision that have a right of enjoyment of the common open space and shall become a tax lien on said properties. The municipality, at the time of entering upon said common open space for the purpose of maintenance, shall file a notice of such lien in the office of the County Clerk upon the properties affected by such lien within the cluster subdivision.
13267 3-90
& 132-53 EAST BRUNSWICK CODE & 132-53 & 132-53. Performance and Maintenance Guarantees. [Amended 6-10-92 by Ord. No. 92-19; 5-10-93 by Ord. No. 93-21; 10-2-95 by Ord. No. 95-34] A. Performance Guarantee Required, Cost Estimate [Amended 5-10-93 by Ord. No. 93-21; 10-2-95 by Ord. No. 95-34]
No final plat or site plan shall be signed by the Planning or Zoning Board until the developer shall have filed with the township performance guarantees which shall guarantee and indem nify the Township of East Brunswick, and in addition to all surety bonds to be posted in an amount sufficient to cover the cost of all such improvements or uncompleted portions thereof, including as-builts, not to exceed 120% of the cost of installation, as determined by the Municipal Engineer, and assuring the installation of such uncompleted improvements on or before an agreed date. The municipal engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor. If the improvement is not completed within five years the amount of performance guarantee shall be adjusted by the amount of change in the Consumer Price Index from the date of first approval to the fifth anniversary. [Amended 5-10-93 by Ord. No. 93-21] The cost of the installation of improvements for the purposes of section 41 of P.L.1975, c.291 (C.40:55D-53) shall be estimated by the municipal engineer based on documented construction costs for public improvements prevailing in the general area of the municipality. The developer may appeal the municipal engineer's estimate to the county construction board of appeals established under section 9 of P.L. 1975, c.217. [Amended 10-2-95 by Ord. No. 95-34] All guarantees shall be in addition to and not in substitution for the developer's primary responsibility to install the improvements and complete the development in accordance with all rules, regulations, standards, specifications and ordinances of the Township of East Brunswick. Said standards shall be supplied by the Township at the time of board approval. All public improvements shall be constructed within two (2) years of the date of the performance guarantees. The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the governing body by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the municipal engineer as of the time of the passage of the resolution. [Amended 5-10-93 by Ord. No. 93-21] B. Form of Guarantee. [Amended 5-10-93 by Ord. No. 93-21] The performance guarantees shall consist of cash or a certified check for not more than ten percent (10% ) of the estimated cost of the improvements, and the balance of the cost shall be evidenced by a corporate surety performance bond issued by a corporation authorized to issue bonds in the State of New Jersey. If the developer chooses the entire amount may be posted with the Township in cash. 13268 10-95
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