The Township of East Brunswick was established in 1860. Since January 1, 1965, the

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& 132-58

LAND USE PROCEDURES

& 132-58

(d) That the sum deposited shall be in an amount sufficient to cover the cost of

completing the work to be done, not to exceed 120% of the cost of

installation, as estimated by the Township Engineer in accordance with the

Municipal Land Use Law.

(e) That the construction or the permanence of the construction would be

jeopardized by the existing weather conditions.

(f)

The sum deposited as escrow shall also include an amount sufficient to

cover the cost of all inspections and tests which are required in connection

with the construction or installation of all public improvements and all work

required by site plan approval but not completed at the time the certificate

of occupancy is issued. In addition, the Director of Planning & Engineering

or his or her designee(s) shall estimate the amount necessary to cover the

pro rata share of the cost of providing reasonable protection for off-tract

impact caused by site work on the subject premises, which escrow shall be

released at such time as the Director of Planning & Engineering or his or her

designee(s) is satisfied that the site has been constructed in such a way so

as to protect against such off-tract impact.

The applicant must also execute an agreement to complete the work as soon as

weather permits and in no instance after more than one hundred eighty (180)

days from the date of the application. Failure to complete the work within one

hundred eighty (180) days shall constitute sufficient authorization for the Director

of Planning and Engineering to utilize the cash deposit and have all work

completed as shown on the approved site plan. [Added 4-20-09 by Ord. No. 09-

11]

(Continued on page 13280)

13279.2

12-09

& 132-58.1

EAST BRUNSWICK CODE

& 132-58.1

& 132-58.1.

Display of Certain Maps and Plans By Subdividers. [Added 11-12-91

by Ord. No. 91-111]

All owners, developers and subdividers having an interest in a major subdivision in

the Township of East Brunswick shall display within all of their sales offices or the

sales office of any broker or agent engaged by them for the purpose of selling

residential dwellings, the following:

(1)

The portion of the Middlesex County Master Plan showing the Township of

East Brunswick.

(2)

The Master Plan of the Township of East Brunswick.

(3)

The Zoning Map of the Township of East Brunswick.

(4)

The Official Map of the Township of East Brunswick.

The above maps shall be at a scale of not less than one (1) inch to one thousand

(1,000) feet.

The maps and plans shall be prominently displayed in an open and unobstructed

manner in all sales offices and shall be shown to all prospective buyers.

The above maps will be available from the Township Engineer at a nominal charge.

In addition to the above maps, the approved site plan, preliminary subdivision map

or final PURD plan (whichever is applicable) certified by the Planning Board

Chairman and Secretary shall be displayed within all sales offices. Scale shall not

be less than one (1") inch to fifty (50') feet.

All owners, developers and subdividers having an interest in a major subdivision or

major residential site plan in the Township of East Brunswick shall display within all

of their sales offices or the sales office of any broker or agent engaged by them for

the purpose of selling residential dwellings the following:

(1)

A sales map in the sales office in a place that may be observed and

reviewed by any person(s) calling at the office.

(2)

A copy, on standard legal size paper, in type or clear print, of any proposed

protective or restrictive covenants and easements to be applied to all or any

portion of lands within the subdivision.

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LAND USE PROCEDURES

& 132-58.1

(3) A copy of any Board approved revisions to the site plan or subdivision and all

approved revisions or field changes to construction plans. Any such revised item or

plan sheet shall have a notation marked on the original document that it is

"REVISED' as of (date). The corresponding item or revision sheet SHALL NOTE

THERE ON THE FOLLOW ING: "ORIGINAL DOCUMENT DATED (date) HAS

BEEN REVISED ON (include all dates)."

(4) A "public offering statement" for the entire development, if the tract of land is to be

developed as a planned unit development, as that term is defined in the Municipal

Land Use Act and filed with the New Jersey Department of Community Affairs.

(5) A copy of the Environmental Risk Audit (ERA) as described in Section 132-I(2),

below.

The sales map shall be based on the Official Tax Map information or some other

similarly accurate base at the scale of not less than fifty (50) feet to an inch or greater

throughout the map, which said scale shall be clearly indicated thereon and shall be

consistent in all directions shown thereon. The map shall show the owner's

approved subdivision and all lands contiquous thereto for a distance of one thousand

(1,000) feet, within or without the Township of East Brunswick.

The sales map shall clearly show and include for the area within one thousand

(1,000) feet of the subdivision in all directions the following information which shall

be maintained current.

(1) The location of proposed streets and the layout of proposed lots within the

subdivision.

(2) The location of all state, county and municipal roads in existence on the date of the

final approval of the subdivision.

(3) The location of all state, county and municipal roads proposed and approved by any

governmental agency having jurisdiction to establish such roads. The location of all

such roads shall be as shown on the Official Master Plan adopted by the appropriate

agency of the state, county or municipality.

(4) The location of all existing structures and wooded areas within the subdivision.

(5) A designation of the zoning district to be subdivided and the zoning districts of all

contiguous properties within the distance of one thousand (1,000) feet.

(6) The location of all railroads and railroad rights-of-way for public utilities.

(7) The location of all public or private utility plants; the location of all sanitary landfill

and hazardous waste sites operations in existence or proposed; the location of all

Superfund sites; the location and identification of all industrial, manufacturing and

warehousing uses; the location of all hazardous (as defined in the New Jersey

Hazardous Substances Labeling

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& 132-58.1

EAST BRUNSWICK CODE

& 132-58.1

Act, N.J.S.A. 24:5A - 1.) uses which emit pollutants (as defined in N.J.S.A.

58:10A -3) into the air, (as defined in the Air Pollution Control Act, N.J.S.A.

26:2C -2.) soil, or water - courses; and the location of all gas transmission

lines.

(8)

The location of all schools, parks, playgrounds, public buildings and

sidewalks.

(9)

The location of all streams, ponds and watercourses and a legend reference

as to whether flood hazard insurance is required.

(10)

The location and description of any use approved by the Board of

Adjustment or Planning Board during the previous three (3) years.

(11)

The location of all drainage ditches within the area shown on the sales map.

(12)

The size of each parcel in the subdivision to be sold, whether improved or

unimproved.

(13)

A map legend setting forth the present tax, water and sewer rates of any

public authority servicing the subdivision.

(14)

A map legend setting forth the phone numbers and extensions for the

Township Clerk, Township Administrator, and Director of Planning.

(15)

The location of any and all structures proposed on each parcel.

SALES

M AP

R ELAT ED

D O C U M EN TS

IN F O R M ATIO N ;

U PD AT E;

ENVIRONMENTAL RISK AUDIT.

(1)

The information to be depicted on the sales map shall be based on the most

recent zoning and street m aps, federal insurance rate maps, and the

prospective development map on file with the office of the Director of

Planning. The completed sales map shall be submitted for review to the

Chief Construction Official prior to it being posted, who shall review it for

compliance with the requirements of this Ordinance. There shall be a

charge of one hundred dollars ($100.) for the review and certification of

compliance by the Chief Construction Official, which shall be paid by check

payable to the Township of East Brunswick at the tim e of submission for

approval.

(2)

An Environmental Risk Audit (ERA) shall be conducted for all of the property

which is the subject of the subdivision. The person or entity conducting the

ERA shall have no personal or financial interest in the property or project.

His/her qualifications shall be attached to the ERA. The ERA shall include

a statement setting forth the use of the subject property for a period of 10

years prior to the application for subdivision (Historical Property Evaluation).

If there is any evidence of environmental contamination, manufacturing,

warehousing landfilling subsurface burying of materials or any other

inform ation which could affect the health, safety or welfare of persons

exposed to the property, the details of same shall be set forth in the ERA.

The ERA shall also reflect the results of on-site

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& 132-58.1

soil sampling and water testing and shall reflect all surface and groundwater

contamination. The ERA shall contain a site contamination assessment, quantifying

the potential risks in terms of the cost to remove contamination from the property.

A copy of the ERA shall be filed with the Chief Construction Official, who shall review

it for compliance with the requirements of this ordinance. There shall be a charge

of one hundred ($100.) dollars for the review and certification of compliance, which

shall be paid by check payable to the Township of East Brunswick at the time of

submission for approval.

(3) The Chief Construction Official or his/her designee shall review each sales map and

any revisions to it or the other items required under Section 192-52 F, G and H

displayed pursuant to the terms of this ordinance not less than every three (3)

months and shall require such additional information as he/she deem necessary to

maintain these documents in an up-to-date condition. There shall be a charge for

the inspection of the information which shall be twenty-five dollars ($25) per visit,

made payable by check to the Township of East Brunswick. The Chief Construction

Official may from time to time, as he/she deems necessary, direct the owner or seller

to display additional information on the documents so that same may be maintained

in an up-to-date condition. New information obtained by the owner or seller shall be

included in the sales map or related documents within thirty (30) days of receipt of

such information. The Chief Construction Official shall affix his/her approval, upon

his/her satisfaction of the inspection of the documents, indicating the date thereof.

CERTIFICATE OF COMPLIANCE.

(1) At or before the execution of the contract of sale for any lot within a subdivision, the

seller shall obtain, on a form approved by the governing body, a certification from the

purchaser that:

(a) The sales map was on display and available for inspection on any occasion of

his visit to the sales office.

(b) He had a reasonable opportunity to study and review the sales map.

before he executed the contract of sale.

(d) He had the opportunity to review any protective or restrictive covenants and

easements prior to the execution of the contract of sale.

(e) He had the opportunity to review the construction plans for the structure he is

buying and all related common elements.

(f)

The seller did not refuse or decline to answer any questions directed to him

pertaining to the sales map or the protective or restrictive covenants or

easements.

(2) The seller shall file the certificate mentioned in Subsection A hereof with the Chief

Construction Official within twenty (20) days of the full executive of the contract of

sale.

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EAST BRUNSWICK CODE

& 132-58.1

ADDITIONAL NOTICE PROVISIONS.

(1)

In the event the owner or seller of land files an application to amend a

previously received approval from the Zoning Board of Adjustment or

Planning Board (Site Plan, subdivision or variances), including but not

limited to recreation facilities, bikeways or trail, drainage, sewerage or open

space easements, lighting details or other items deemed to be significant by

the Director of Planning, each previous purchaser who is an owner at the

time of such application and each contract purchaser of any such lot or unit

within 200' of the proposed change shall be advised, in writing, by the

developer by certified mail, return receipt requested, of the hearing date on

such revisions and that a copy of the proposal is available for such review

in the sales office and the office of the Director of Planning. Proof of service

shall be required to be filed with the Chief Construction Official and with the

Department of Planning.

VIOLATIONS AND PENALTIES.

(1)

If any person engages in the sale of a lot or lots within a subdivision without

first displaying the sales map and other related documents or the protective

covenants of easements as required herein, the owner of the subdivision

shall be subject to a fine for each such lot sold or contracted to be sold

provided hereinafter.

(2)

The owner of a subdivision who shall fail to file the certification of

compliance as required herein, or fails to disclose to the purchaser the

information as provided by the representative of the Department of Planning,

through his or the fault of any person engaging in the sale of lots on his

behalf, shall be subject to a fine as provided for hereinafter.

(3)

Any person, firm or corporation found guilty in the Municipal Court of the

Township of East Brunswick of a violation of the terms of this ordinance shall

be subject to one or more of the following in the discretion of the Municipal

Court Judge: imprisonment in the county jail or in any place provided by the

municipality for the detention of prisoners, for any term not exceeding ninety

(90) days or by a fine not exceeding one thousand dollars ($1,000.00) or by

a period of community service not to exceed ninety (90) days.

Except as otherwise provided, each and every day in which a violation of this

ordinance exists, shall constitute a separate violation. In addition, each

violation of this ordinance shall be considered a separate offense upon each

and every day in which a violation exists.

(4)

In addition to the foregoing, if the owner or its agents continuously, for a

period of thirty (30) days or more, fails and refuses to comply with the

requirements of this Section, the municipality may institute and maintain an

action for injunctive relief to prohibit the continued sale of the lots within the

subdivision until compliance with this Section, in addition to the suspension

of the issuance of any further building permits for the subdivision or

conducting of any inspections for approvals required under the subdivision

approval.

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LAND USE PROCEDURES

& 132-59.1

Applicability of Provisions.

All the requirements set forth in this section with regard to the sale of lots shall apply

with equal force and effect to the lands which have been previously subdivided

pursuant to the law, and from and after the effective date of this Section, all owners

of subdivided land shall comply forthwith. However, it is understood that the

requirements of this section shall apply only to the first sale of a lot or lots of the

subdivision to an individual home buyer. Whenever the word "He" or "Him" appears

in the ordinance, it is intended to apply with equal force to "She" or "Her".

& 132-58.2.

Display of Certain Maps and Plans By Real Estate Brokers. [Added 11-

12-91 by Ord. No. 91-111]

All real estate brokers maintaining offices in the Township of East Brunswick shall post maps

as set forth above.

& 132-59.

Enforcement.

The Mayor shall enforce this chapter. In case any building or structure is erected,

constructed, altered, repaired, converted or maintained or any building, structure or land is used in

violation of this chapter, the M ayor and his agent or interested party, in addition to other remedies,

may institute any appropriate action or proceedings to prevent such unlawful erection, construction,

reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate such

violation; to prevent the occupancy of said building, structure or land; or to prevent any illegal action,

conduct, business or use in or about such premises.

& 132-59.1.

Penalty For Conveying of Land Prior to Approval. [Added 11-12-91 by

Ord. No. 91-111]

If, before favorable referral and final approval has been obtained any person

transfers or sells or agrees to sell, as owner or agent, any land which forms a part

of a subdivision upon which the Planning Board is required to act, such person shall

be subject to a fine not to exceed five hundred dollars ($500.) or to imprisonment for

not more than ninety (90) days, and each parcel, plot or lot so disposed of shall be

deemed a separate violation.

In addition to the foregoing, if the streets in the subdivision are not such that a

structure on the land in the subdivision would meet requirements for a building permit

under N.J.R.S. 40:55-1.30 et seq., the municipality may institute and maintain civil

action:

(1) For injunctive relief.

Editor's Note: N.J.R.S. 40:55-1.30 was repealed by P.L. 1975, c. 291.

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& 132-59.1

EAST BRUNSWICK CODE

& 132-61

(2)

To set aside and invalidate any conveyance made pursuant to such contract

or sale if a certificate of compliance has not been issued in accordance with

N.J.R.S. 40:55-1.24 , but only if the municipality has a Planning Board or a

committee thereof with power to act and which meets regularly on a monthly

or more frequent basis and whose governing body has adopted standards

and procedures in accordance with N.J.R.S. 40:55-1.20.

C.

In any such action the transferee, purchaser or grantee shall be entitled to a lien

upon the portion of land from which the subdivision was made that remains in the

possession of the subdivider, or his assigns or successors, to secure the return of

any deposit made or purchase price paid and also a reasonable search fee, survey

expense and title closing expense, if any. Any such action must be brought within

two (2) years after the date of the recording of the instrument of transfer, sale or

conveyance of the land, or within six (6) years if unrecorded.

ARTICLE VI

Master Plan

& 132-60.

Preparation and Periodic Review.

The Planning Board shall prepare and, after public hearing, adopt a Master Plan, or component

parts thereof, to guide the use of land within East Brunswick in a manner which protects the public

health and safety and promotes the general welfare. Such Master Plan shall be reexamined by the

Planning Board at periodic intervals of not more than every six (6) years. Adequate provision for such

reexaminations shall be made by the Township Council.

& 132-61.

Contents.

The Master Plan shall generally comprise a report or statement on land use and development

proposals with maps, diagrams and text, presenting, at least, the following elements A. and B. and

where appropriate, the following elements C. through L.:

A statement of objectives, principles, assumptions, policies and standards upon

which the constituent proposals for the physical, economic and social development

of the municipality are based.

Editor's Note: N.J.R.S. 40:55-1.24 was repealed by P.L. 1975, c. 291 and replaced by N.J.R.S. 40:55D-

56.

Editor's Note: N.J.R.S. 40: 55-1.20 was repealed by P.L. 1975, c. 291, and replaced by N.J.R.S. 40:55D-

38 through 40:55D-41 and 40:55D-44.

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