A.
Fees for applications for development or for the rendering of
any services by approving boards or any members of their administrative
and professional staffs shall be in accordance with the Fee Schedule
in this article. Fees shall be paid by check payable to the Township
of Allamuchy. Where one application for development includes several
approval requests, the sum of the individual required fees shall be
paid.
[Amended 7-18-2006 by Ord. No. 2006-14]
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Application
Charge
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+
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Escrow
Account
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|---|---|---|---|---|---|
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1.
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Subdivision1
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a.
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Minor subdivision plat
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$150
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$500 per lot
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b.
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Preliminary major subdivision plat
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$300
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$500 per lot; a maximum $20,000 shall be initially deposited
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c.
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Final major subdivision plat
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$150
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$250 per lot; a maximum $10,000 shall be initially deposited
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d.
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Informal concept subdivision plat
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$100
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$1,000 (if professional review is requested)
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e.
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Amended preliminary major
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$150
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$300 per lot; a maximum $10,000 shall be initially deposited
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f.
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Amended final major subdivision plat
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$150
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$175 per lot; a maximum $5,000 shall be initially deposited
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2.
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Site plans1
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a.
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Minor site plan
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$150
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$500/acre or part thereof, plus $50/du in the case of residential
units and/or $0.05/gross square feet of building area in the case
of nonresidential building; a maximum $20,000 shall be initially deposited
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|
b.
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Preliminary major site plan
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$300
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$500/acre or part thereof, plus $50/du in the case of residential
units and/or $0.05/gross square feet of building area in the case
of nonresidential building; a maximum $20,000 shall be initially deposited.
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|
c.
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Final major site plan
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$150
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$250/acre or part thereof, plus $25/du in the case of residential
units and/or $0.025/gross square foot, of building area in the case
of nonresidential building; a maximum $10,000 shall be initially deposited
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d.
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Informal concept site plan
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$100
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$1,000 (if professional review is requested)
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e.
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Amended preliminary major and/or final major site plan
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$150
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1/2 the amount otherwise calculated for a preliminary major
site plan or final major site plan, as the case may be
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3.
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Conditional uses, not including required site plan or subdivision
review
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$150
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$50/acre or part thereof
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4.
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Variances
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a.
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Appeals (N.J.S.A. 40:55D-70a)
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$50
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$250 each
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b.
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Interpretation (N.J.S.A. 40:55D-70b)
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$50
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$250 each
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c.
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Bulk (N.J.S.A. 40:55D-70c)
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$50
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$250 each residential; $350 each nonresidential
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d.
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Use and others (N.J.S.A. 40:55D-70d)
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$250
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$2,000
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e.
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Permit (N.J.S.A. 40:55D-34 and 35)
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$125
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$500
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5.
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General development plans
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$300
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$100/acre or part thereof; a maximum $20,000 shall be initially
deposited
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6.
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Approval time extensions
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$100
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$500
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7.
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Zone change requests
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$150
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$500 per acre; a maximum $5,000 shall be initially deposited
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8.
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Certified list of property owners (see § 190-706D
of this chapter)
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$0.25/name or $10, whichever is greater
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None required
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9.
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Copy of minutes, resolutions or decisions
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For each letter-size page or smaller: $0.05. For each legal-size
page or larger: $0.07.[1]
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None required
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10.
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Transcription of meeting proceedings
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At cost, in accordance with N.J.S.A. 2B:7-4[2]
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None required
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11.
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Subdivision approval certificate (see § 190-1003 of
this chapter)
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$50/certificate
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None required
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12.
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Zoning permit fee
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$50
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None required
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13.
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Drive-through facilities for all applications
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None
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$1,500 per drive-through facility; a maximum initial deposit
$4,000
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14.
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Requested special meeting of Land Use Board
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$500
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No additional fees required
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15.
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Certificate of nonconformity (N.J.S.A. 40:55D-68)
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$50/certificate
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None required
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16.
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Tax Map revisions
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In addition to the foregoing fees and escrow account deposits,
a fee of $25 plus $10 per lot or unit shall be assessed for all minor
and major subdivisions or residential or commercial site plans to
cover the cost of revising the Township Tax Map. In the case of major
subdivision approval, this fee shall be paid prior to the signing
of the final plat by the Chairman and Secretary of the Board and the
Township Engineer. In all other cases, this fee shall be paid within
30 days of the date of adoption of the Board's resolution of approval.
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NOTE:
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|---|---|
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1
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For planned developments which require both subdivision and
site plan approval, the higher of the applicable fee only shall apply.
|
B.
The application fee is a flat fee to cover administrative expenses
including the initial intake of the application and the distribution
of the same, and it is nonrefundable.
C.
The escrow account is established to provide payment for technical
and professional costs of the review of applications, review and preparation
of documents, and is based on the Fee Schedule of this section. Reviewing
applications shall include, but shall not be limited to, all times
spent at meetings by the professional staff.
D.
Inspection fees. No construction or disturbance of land shall
be authorized until all inspection fees have been paid to the municipality.
Verification of said payment shall be certified to by the Chief Financial
Officer of the Township.
(1)
The applicant shall pay a sum not to exceed, except for extraordinary
circumstances, the greater of $500 or 5% of the cost of improvements,
which cost shall be determined pursuant to law.
(2)
For those developments for which the reasonably anticipated
fees are less than $10,000, fees may, at the option of the applicant,
be paid in two installments, and the initial payment deposited by
the applicant shall be 50% of the reasonably anticipated fees. When
the balance of deposit drops to 10% of the reasonably anticipated
fees because the amount deposited by the applicant has been reduced
by the amount paid to the Municipal Engineer for inspection, the applicant
shall deposit the remaining 50% of the anticipated inspection fees.
(3)
For those developments for which the reasonably anticipated
fees are $10,000 or greater, fees may, at the option of the applicant,
be paid in four installments. The initial amount deposited by the
applicant shall be 25% of the reasonably anticipated fees. When the
balance of deposit drops to 10% of the reasonably anticipated fees
because the amount deposited by the applicant has been reduced by
the amount paid to the Municipal Engineer for inspection, the applicant
shall make additional deposits of 25% of the reasonably anticipated
fees.
(4)
The Municipal Engineer shall not perform any inspections if
sufficient funds to pay for those inspections are not on deposit.
E.
All deposits for technical, professional review and inspection
fees shall be kept in an escrow account for that purpose by the Township.
This account shall be managed by the Chief Financial Officer of the
Township, who shall administer same in accordance with the terms of
this section.
F.
Whenever an amount of money in excess of $5,000 shall be deposited
by an applicant with the Township for professional services employed
by the Township to review applications for development, for municipal
inspection fees, or to satisfy the guarantee requirements pursuant
to § 190-901 of this chapter, the money, until repaid or
applied to the purposes for which it was deposited, including the
applicant's portion of the interest earned thereon, except as otherwise
provided by law, shall continue to be the property of the applicant
and shall be held in trust by the municipality in accordance with
the following:
(1)
Money deposited shall be held in escrow.
(2)
The municipality receiving the money shall deposit it 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, in an account bearing interest
at the minimum rate currently paid by the institution or depository
on time or savings deposits.
(3)
The municipality 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.
(4)
The municipality shall not be required to refund an amount of
interest paid on a deposit which does not exceed $100 for the year.
If the amount of interest exceeds $100, that entire amount shall belong
to the applicant and shall be refunded to the applicant by the municipality
annually or at the time the deposit is repaid or applied to the purposes
for which it was deposited, as the case may be, except that the municipality
may retain for administrative expenses a sum equivalent to no more
than 1/3 of the entire amount, which shall be in lieu of all other
administrative and custodial expenses.
G.
The Chief Financial Officer of the municipality shall make all
of the payments to professionals for services rendered to the municipality
or approving board for review of applications for development, review
and preparation of documents, inspection of improvements or other
purposes under this chapter. Such fees or charges to be based upon
the ordinances herein. The application review and inspection charges
shall be limited only to professional charges for review of applications
including review time spent at meetings of the approving board, review
and preparation of documents and inspections of developments under
construction and review by outside consultants when the application
is of a nature beyond the scope of the expertise of the professionals
normally utilized by the municipality. The only costs that shall be
added to any such charges shall be actual out-of-pocket expenses of
any such professionals or consultants including normal and typical
expenses incurred in processing applications and inspecting improvements.
The charges by professionals shall be at the same rate as all other
work of the same nature by the professional for the municipality when
fees are not reimbursed or otherwise imposed on applicants or developers.
The Chief Financial Officer of the municipality shall administer the
review and escrow fees as follows:
(1)
Each payment charged to a deposit for review of applications,
review and preparation of documents, and inspection of improvements
shall be pursuant to a voucher from the professional, which voucher
shall identify the personnel performing the service, and for each
date the service is performed, the hours spent to one-fourth-hour
increments, the hourly rate and the expenses incurred. All professionals
shall submit vouchers to the Chief Financial Officer of the municipality
on a monthly basis in accordance with the schedules and procedures
established by the Chief Financial Officer of the municipality. The
professional shall send an informational copy of all vouchers or statements
submitted to the Chief Financial Officer of the municipality simultaneously
to the applicant.
(2)
The Chief Financial Officer of the municipality shall prepare
and send to the applicant a statement which shall include an accounting
of the funds listing all deposits, interest earnings, disbursements
and the cumulative balance of the escrow account. This information
shall be provided on a quarterly basis, if monthly charges are $1,000
or less, or on a monthly basis, if the monthly charges exceed $1,000.
(3)
If an escrow account or deposit contains insufficient funds
to enable the municipality or approving board to perform required
application reviews or improvement inspections, the Chief Financial
Officer of the municipality shall provide the applicant with a written
notice of the insufficient escrow or deposit balance.
(a)
In order for work to continue on the development
or the application, the applicant shall within 10 days post a deposit
to the account in an amount to be agreed upon by the municipality
or the approving board and the applicant.
(b)
With regard to review fees, if the applicant fails
to make said deposit within the time prescribed herein, the approving
board shall be authorized to dismiss the application without prejudice,
subject to the right of the applicant to seek reinstatement of said
application by written notice to the Chief Financial Officer that
the deposits have been posted. The application will be reinstated
upon written notification by the Chief Financial Officer to the approving
board that said deposits have been posted. In the interim, any required
health and safety inspections shall be made and charged back against
the replenishment of funds.
(c)
With regard to inspection fees, the Township Engineer
shall not perform any inspection if sufficient funds to pay for the
inspections are not on deposit. Failure to post or maintain balances
in accordance with the requirements of these sections will subject
the developer to a stop-work order and/or suspension of construction
permits.
(4)
The applicant and Chief Financial Officer shall follow the following
closeout procedures for all deposits and escrow accounts established
herein. Said procedures shall commence after the approving authority
has granted final approval of the development application including
completion of all conditions of said approval, and/or has signed the
appropriate subdivision map or deed, or after all of the improvements
have been approved. The applicant shall send written notice by certified
mail to the Chief Financial Officer of the municipality and the approving
board and to the relevant municipal professional that the application
or the improvements, as the case may be, are completed. After receipt
of such notice, the professional shall render a final bill to the
Chief Financial Officer of the municipality within 30 days and shall
send a copy simultaneously to the applicant. The Chief Financial Officer
of the municipality shall render a written final accounting to the
applicant on the uses to which the deposit has been put within 45
days of the receipt of the final bill. Any balances remaining in the
deposit or escrow account, including interest, shall be refunded to
the applicant along with the final accounting.
(5)
All professional charges for review of the application for development,
review and preparation of documents, or inspection of improvements
shall be reasonable and necessary, given the status and progress of
the application or construction review. Fees shall be charged only
in connection with the application for development presently pending
before the approving authority or upon review of compliance with conditions
of approval or review of requests of modifications or amendments made
by the applicant. The professionals shall not review items which are
subject to approval by any state governmental agency and not under
municipal jurisdiction except to the extent consultation with the
state agency is necessary due to the effect of state approvals on
the subdivision or site plan. Inspection fees shall be charged only
for actual work shown on a subdivision or site plan or required by
an approving resolution. Professionals inspecting improvements under
construction shall charge only for inspections that are reasonably
necessary to check the progress and quality of the work, and such
inspections shall be reasonably based on the approved development
plans and documents.
(6)
If the municipality retains a different professional or consultant
in the place of the professional originally responsible for development,
application review or inspection of improvements, the municipality
or approving board shall be responsible for all time and expenses
of the new professional to become familiar with the application or
the project and the municipality or approving board shall not bill
the applicant or charge the deposit or the escrow account for any
such services.
For purposes of this section, the term "public improvements"
shall mean streets, grading, pavement, gutters, curbs, sidewalks,
streetlighting, street signs, shade trees, surveyor's monuments, fire
prevention features, water mains, culverts, storm sewers, sanitary
sewers or other means of sewage disposal (excluding individual subsurface
sewage disposal systems intended to serve individual lots), drainage
structures, erosion control and sedimentation devices, landscaping,
public improvements of open space and, in the case of site plans only,
other on-site improvements.
A.
Requirements specific to major subdivisions.
(1)
No final major subdivision plat (whether for an entire tract
or a section thereof) shall be recorded unless:
(a)
The Township Engineer has certified to the Board
that all public improvements required by the preliminary subdivision
approval have been satisfactorily completed; or
(b)
Specific language has been included in the approval
resolution of the Land Use Board which requires the developer and
its successors in interest both to enter into an agreement with the
Township Council to provide any and all easements necessary for required
public improvements and to install and maintain all required public
improvements, including language which limits and/or phases the development
of the subdivision in order to ensure the orderly construction of
the public improvements and the installation of the public improvements
on or before an agreed date by the filing of a performance guarantee
in accordance with § 190-902D hereinbelow.
[Amended 7-18-2006 by Ord. No. 2006-14]
(2)
No construction permit shall be issued for any building within
the subdivision until the developer has satisfactorily completed the
following public improvements in accordance with the approved subdivision
plans and construction plans required by § 190-902E(4) hereinbelow:
(a)
All required utility installations and their appurtenances,
including water mains, drainage and detention facilities, culverts,
storm sewers, sanitary sewers and public improvements of open space;
(b)
All required grading and the macadam base course
surfacing of all streets;
(c)
Construction of all required curbs; and/or
(d)
Filed with the Township a performance guarantee
in accordance with § 190-902D of this chapter sufficient
in amount to cover the cost of all remaining required improvements,
as estimated by the Township Engineer, and assuring the installation
of said improvements on or before an agreed date and as hereinafter
provided.
(3)
No certificate of occupancy shall be issued for any dwelling
within the subdivision except in compliance with the provisions for
certificate of occupancy specified in § 190-1002E of this
chapter.
(4)
Unless provided otherwise elsewhere in this chapter or within
the approval resolution of the Land Use Board, the required improvements
shall be at least 50% completed as to each category set forth in the
performance guarantee within one year from the date of final approval
or by such time as 50% of the lots in the section in question have
been conveyed in any manner by the developer, whichever shall first
occur. At least 75% of the improvements shall be completed as to each
category as set forth in the performance guarantee within 18 months
from the date of final approval, or at such time as 75% of the lots
in the section in question have been conveyed in any manner by the
developer, whichever shall first occur. Such improvements shall be
100% completed and accepted by the Township within two years from
the date of final approval or at such time as all of the lots in the
section in question shall first occur.
[Amended 7-18-2006 by Ord. No. 2006-14]
B.
Requirements specific to major site plans. No final major site
plan application (whether for an entire tract or a section thereof)
shall be approved by the Board unless:
(1)
The Township Engineer has certified to the Board that all public
improvements required by the preliminary site plan approval have been
satisfactorily completed; or
(2)
The applicant, with the approval of the Land Use Board, has
entered into a developer's agreement with the Township in a form satisfactory
to the Township Attorney and authorized by the governing body, requiring
the installation and maintenance by the applicant (and the applicant's
successors in interest) of the public improvements, imposing such
limitations upon, and/or staging of, the development of the site as
are necessary to ensure orderly construction of the public improvements
on or before an agreed upon date by the filing of a performance guarantee
in accordance with § 190-902D of this chapter.
[Amended 7-18-2006 by Ord. No. 2006-14]
C.
Requirements specific to minor subdivisions and minor site plans.
In the case of a minor site plan and/or minor subdivision, in the
event that the developer elects to complete all improvements without
posting the performance guarantee specified in § 190-902D
hereinbelow, no development, clearing or construction shall be commenced
until a revised, finalized plan is submitted and signed, incorporating
all conditions of approval.
(1)
The developer shall still post the inspection escrow and notify
the Township Engineer prior to commencement of work.
(2)
The Administrative Officer shall have the power to waive the
requirement of an inspection escrow for minor site plans only where
the site improvements are established to be less than $3,500, in which
case the Township building inspection staff shall perform the inspections,
and notice of work to be commenced shall be given to the Township
Uniform Construction Code Official instead of to the Township Engineer.
(3)
Whether or not an inspection escrow is required, all site improvements
under this subsection must be completed prior to the issuance of a
certificate of occupancy or within 120 days of a temporary certificate
of occupancy if the performance guarantee covering the balance of
the uncompleted improvements has been posted.
D.
Performance guarantee.
(1)
Estimate.
(a)
A performance guarantee estimate shall be prepared
by the Township Engineer for review and approval, setting forth all
required improvements as determined by the Board and their estimated
cost, provided that no performance guarantee shall be required for
the installation of utilities when said utility improvements will
be installed by the applicable utility company. Any adjustment in
the amount of the performance guarantee shall be approved by resolution
of the Township Council.
(b)
The cost of the installation of the required improvements
shall be estimated by the Township Engineer based on documented construction
costs for public improvements prevailing in the general area of the
Township. The developer may appeal the Township Engineer's estimate
to the Township Council. The Township Council shall decide the appeal
within 45 days of receipt of the appeal in writing by the Township
Clerk. After the developer posts a guarantee with the Township based
on the cost of the installation of improvements as determined by the
Township Council, he may institute legal action within one year of
the posting in order to preserve the right to a judicial determination
as to the fairness and reasonableness of the amount of the guarantee.
(2)
The developer shall present two copies of the performance guarantee
in an amount equal to 120% of the approved construction cost performance
guarantee estimate for approval as to form and execution by the Township
Attorney; additional copies of the performance guarantee shall be
forwarded by the owner to the Land Use Board. The performance guarantee
estimates, as prepared by the Township Engineer and approved by the
Township Council, shall be appended to each performance guarantee
posted by the obligor.
[Amended 7-18-2006 by Ord. No. 2006-14]
(3)
Payment.
(a)
The performance guarantee shall be made payable
and deposited to the Township of Allamuchy and shall be in the form
of cash, irrevocable letter of credit or certified check or a performance
bond in which the developer shall be principal, the bond to be provided
by an acceptable surety company licensed to do business in the State
of New Jersey. Irrevocable letter of credit shall be accepted only
pursuant to N.J.S.A. 40:55D-53.5. The Township shall issue its receipt
for such deposits and shall cause the same to be deposited in the
name of the Township to be retained as security for completion of
all requirements and to be returned to the owner on completion of
all required work or, in the event of default on part of the applicant,
to be used by the Township to pay the cost and expense of obtaining
completion of all requirements.
(b)
The developer shall provide a written agreement
from his/her lending institution stating that the lending institution
agrees to the time period(s) required for the completion of the improvements
and to the release of the guarantee by the Township Council in accordance
with § 190-902G of this chapter.
(4)
Ten percent of the amount of the approved performance guarantee
shall be deposited by the developer in cash with the Township. The
remaining 90% may be in cash, irrevocable letter of credit or surety
bond. In the event of default, the 10% in cash shall be first applied
to the completion of the requirements and any bidding and legal costs
associated therewith, and the remaining 90% cash, letter or credit
or surety bond shall thereafter be resorted to, if necessary, for
the completion of the requirements and any additional bidding and
legal costs associated therewith.
E.
Start of construction. Construction, land disturbance or clearing
pursuant to any site plan or subdivision approval shall not commence
until:
(1)
The developer has paid all fees and the performance guarantee
required by this chapter and has submitted a certificate from the
Township Tax Collector that all taxes and assessments are paid to
date;
(2)
The developer has received all other governmental approvals
required by the Board's resolution of memorialization granting subdivision
and/or site plan approval;
(3)
All revisions to the submitted plat or plan required by the
Board at the time of subdivision or site plan approval have been filed
with and approved by the Township Engineer and any other individual
or group as may have been specified by the Board in the applicable
resolution of memorialization granting subdivision and/or site plan
approval;
(4)
All other conditions of approval shall be met prior to the start
of construction except as noted in the Board's resolution of memorialization
granting subdivision and/or site plan approval;
(5)
The developer's construction plans have been filed with and
approved by the Township Engineer;
(6)
The developer has had a preconstruction meeting with the Township
Engineer in accordance with § 190-1002A of this chapter
for the purpose of forecasting and resolving problems that may arise
during the time of construction;
(7)
Unless otherwise waived by the Board, the developer has staked
out the limits of disturbance on site with orange stakes by a licensed
land surveyor and has erected orange blaze snow fences along said
line(s) and the Township Engineer has inspected and verified that
the delineated limits correspond to the limits of disturbance shown
on the approved plans;
(8)
The developer has submitted at least seven days prior to any
construction all shop drawings and manufacturer's information for
all precast concrete drainage structures and piping, sanitary sewer
structures and piping, water mains and appurtenances, lighting systems,
retaining walls and any other similar improvements as requested by
the Township Engineer, and the Township Engineer has approved the
submitted shop drawings and manufacturer's information prior to the
developer ordering said materials; and
(9)
Regarding final major subdivisions only, the developer has posted
the sales map as required by § 190-805 of this chapter in
a prominent location in all offices from which sales of property in
the subdivision development will be conducted.
F.
Inspection and tests. All public improvements and utility installations
for site plans, subdivisions, plot plans and other realty improvements
shall be inspected during the time of their installation under the
supervision of the Township Engineer in order to ensure satisfactory
completion. The cost of said inspection shall be the responsibility
of the developer who shall deposit with the Chief Financial Officer
of the Township inspection fees in accordance with § 190-901D
of this chapter. The Township Engineer shall not perform any inspection
if sufficient funds to pay for those inspections are not on deposit.
Failure of the developer to deposit the required inspection fees will
subject the developer to a stop-work order and/or suspension of construction
permits.
(1)
In no case shall any paving work be done without permission
from the Township Engineer. At least one calendar week's notice shall
be given to the Township Engineer prior to any construction so that
he or a qualified representative may be present at the time the work
is to be done.
(2)
Surface top course shall not be placed on streets and within
parking lots until all heavy construction is completed and permission
is granted by the Township Engineer.
(a)
Prior to the placement of the surface course, an
as-built survey plan, pursuant to the requirements in § 190-902H(4)
of this chapter, signed and sealed by a licensed land surveyor, must
be submitted to the Township Engineer for review and approval to demonstrate
that underground utilities, drainage systems, sanitary sewer systems,
base pavement, curbs, and similar required improvements have been
installed to the elevations approved by the Land Use Board.
[Amended 7-18-2006 by Ord. No. 2006-14]
(b)
Prior to the placement of the surface course, the
frames of utility, drainage, and sanitary sewer structures shall be
adjusted to meet final roadway grades and all defects to roadway improvements
and utilities identified by the Township Engineer remedied to his/her
satisfaction.
(c)
Shade trees shall not be planted until all grading
and earthmoving is completed.
(d)
The placing of surveyor's monuments shall be among
the last operations.
(3)
The Township Engineer's office shall be notified at least two
working days, and seven days in the case of paving, prior to the commencement
of the following phases of work so that he or a qualified representative
may inspect the work:
(a)
Road subgrade.
(b)
Curb and gutter forms.
(c)
Curbs and gutters.
(d)
Road paving.
(e)
Sidewalk forms.
(f)
Sidewalks.
(g)
Drainage pipes and other drainage construction.
(h)
Street name signs.
(i)
Monuments.
(j)
Sanitary sewers and pump stations.
(k)
Detention and/or retention basins.
(l)
Topsoil, seeding and planting.
(m)
Underground utilities.
(n)
Potable water facilities.
(o)
Retaining walls.
(4)
Any improvement installed contrary to the plan or plat approval
by the Township shall constitute just cause to void the municipal
approval.
(a)
The developer shall submit to the Township Engineer
grade sheets for storm sewer systems, sanitary sewer systems, water
main systems, curbs and other similar improvements as deemed necessary
by the Township Engineer to verify that such improvements are being
constructed to the elevations shown on the approved plans.
(b)
Construction shall not commence on said improvements
until such time as the grade sheets are reviewed and approved by the
Township Engineer.
(5)
Any improvement installed without notice for inspection pursuant
to § 190-902F(1) hereinabove shall constitute just cause
for:
(a)
Removal of the uninspected improvement;
(b)
The payment by the developer of any costs for material
testing;
(c)
The restoration by the developer of any improvements
disturbed during any material testing; and/or
(d)
The issuance of a stop-work order by the Township
Engineer pending the resolution of any dispute.
(6)
Inspection by the Township of the installation of improvements
and utilities shall not operate to subject the Township of Allamuchy
to liability for claims, suits or liability of any kind that may at
any time arise because of defects or negligence during construction
or at any time thereafter; it being recognized that the responsibility
to maintain safe conditions at all times during construction and to
provide proper utilities and improvements is upon the owner and his
contractor, if any.
(7)
Upon substantial completion of all required street improvements
(except for the surface top course) and appurtenant utility improvements
and the connection of same to the public system, the obligor may request
of the Township Council, in writing, by certified mail in care of
the Township Clerk, that the Township Engineer prepare in accordance
with the itemized cost estimate prepared by the Township Engineer
and appended to the performance guarantee pursuant to § 190-902D(2)
of this chapter, a list of all uncompleted or unsatisfactory completed
improvements.
(a)
If such a request is made, the obligor shall send
a copy of the request to the Township Engineer. The request shall
indicate which improvements have been completed and which improvements
remain uncompleted in the judgment of the obligor.
(b)
Any request by the obligor for a reduction in the
amount of the performance guarantee for such items as detention basins,
storm sewers, sanitary sewers, streets, curbs and similar improvements
must be supported by an as-built survey plan pursuant to the requirements
in § 190-902H(4) of this chapter.
(c)
The Township Engineer shall inspect all the improvements
covered by the obligor's request and shall file a detailed list and
report, in writing, with the Township Council and shall simultaneously
send a copy thereof to the obligor not later than 45 days after receipt
of the obligor's request.
(d)
If the Township Engineer fails to send or provide
the list and report, as requested by the obligor, within 45 days from
the receipt of the request, the obligor may apply to the Court in
a summary manner for an order compelling the Township Engineer to
provide the list and report within a stated time and the cost of applying
to the Court, including reasonable attorney's fees, may be awarded
to the prevailing party.
(8)
The list prepared by the Township Engineer pursuant to § 190-902F(7)
hereinabove shall state, in detail, with respect to each improvement
determined to be incomplete or unsatisfactory, the nature and extent
of the incompleteness of each incomplete improvement or the nature
and extent of, and remedy for, the unsatisfactory state of each completed
improvement determined to be unsatisfactory. The report prepared by
the Township Engineer shall identify each improvement determined to
be complete and satisfactory together with a recommendation as to
the amount of reduction to be made in the performance guarantee relating
to the completed and satisfactory improvement, in accordance with
the itemized cost estimate prepared by the Township Engineer and appended
to the performance guarantee pursuant to § 190-902D(2) of
this chapter.
G.
Release. The Township Council, by resolution, shall either approve
the improvements determined to be complete and satisfactory by the
Township Engineer or reject any or all of these improvements upon
the establishment in the resolution of cause for rejection, and shall
approve and authorize the amount of reduction to be made in the performance
guarantee relating to the improvements accepted, in accordance with
the itemized cost estimate prepared by the Township Engineer and appended
to the performance guarantee pursuant to § 190-902D(2) of
this chapter. This resolution shall be adopted not later than 45 days
after receipt of the list and report prepared by the Township Engineer.
(1)
Upon adoption of the resolution by the Township Council, the
obligor shall be released from all liability pursuant to its performance
guarantee with respect to those approved improvements, except for
that portion adequately sufficient to secure completion or correction
of the improvements not yet approved, provided that 30% of the amount
of the performance guarantee posted may be retained to ensure completion
and acceptability of all improvements.
(2)
In the event that the obligor has made a cash deposit with the
Township or approving authority as part of the performance guarantee,
then any partial reduction granted in the performance guarantee shall
be applied to the cash deposit in the same proportion as the original
cash deposit bears to the full amount of the performance guarantee.
(3)
If any portion of the required improvements is rejected, the
obligor shall complete or correct such improvements and, upon completion
or correction, shall notify the Township Council as specified in § 190-902F(7)
of this chapter, and the same procedures shall be followed as in the
first instance.
(4)
Prior to the approval by the Township Council of the final reduction
and release of the performance guarantee, all easements and open space
shall be conveyed to the Township or such other grantee as specified
on the final plat by deed containing a metes-and-bounds legal description.
(5)
If the Township Council fails to approve or reject the improvements
determined by the Township Engineer to be complete and satisfactory
or reduce the performance guarantee for the complete and satisfactory
improvements within 45 days from the receipt of the Township Engineer's
list and report, the obligor may apply to the Court in a summary manner
for an order compelling, within a stated time, approval of the complete
and satisfactory improvements and approval of a reduction in the performance
guarantee for the approvable complete and satisfactory improvements
in accordance with the itemized cost estimate prepared by the Township
Engineer and appended to the performance guarantee pursuant to § 190-902D(2)
of this chapter, and the cost of applying to the Court, including
reasonable attorney's fees, may be awarded to the prevailing party.
H.
Conditions and acceptance of improvements. The approval of any
application for development by the Township shall in no way be construed
as acceptance of any street or drainage system or other improvement.
No improvements shall be accepted by the Township Council unless and
until all of the following conditions have been met:
(1)
The final application for development shall have been approved
by the Land Use Board, and the developer shall have submitted an affidavit,
signed by a licensed New Jersey professional land surveyor, certifying
that all required monuments have been set in accordance with the Map
Filing Law and any approved subdivision plat.
[Amended 7-18-2006 by Ord. No. 2006-14]
(2)
The Township Engineer shall have certified in writing that the
improvements are completed and that they comply with the requirements
of this chapter and the terms of the final application for development
approved by the Board.
(3)
The owner shall have filed with the Township Council a maintenance
guarantee in an amount equal to and not more than 15% of the cost
of installing the improvements, the cost to be determined by the Township
Engineer in accordance with § 190-902D(2) of this chapter
hereinabove.
(a)
The maintenance guarantee shall run for a period
of two years, provided that the maintenance guarantee shall not terminate
until the Township Council has authorized its release pursuant to
a resolution adopted subsequent to a written recommendation by the
Township Engineer;
(b)
The procedures and requirements governing such
maintenance guarantee shall be identical with the procedures and requirements
for a performance guarantee set forth in this chapter; and
(c)
The requirements for a maintenance guarantee may
be waived by the Township Council only if the Township Engineer has
certified that the improvements have been in continuous use for not
less than two years from the date the Township Engineer certified
completion of such improvements and that during this period the owner
has maintained the improvements in a satisfactory manner.
(4)
An as-built plan and profiles of all utilities and roads (two
black-and-white prints to be sent to the Township Engineer plus a
Mylar copy and two black-and-white prints to be sent to the Administrative
Officer), with certification signed and sealed by a New Jersey licensed
professional engineer as to the actual construction as approved by
the Township Engineer, shall be provided and shall contain the following
information:
(a)
Roadways.
[1]
Location and elevations of storm sewer piping and
structures, including stations and offsets;
[2]
Location and elevations of all sanitary sewer piping
and structures, including stations and offsets;
[3]
Location of all underground utilities, including
water mains, gas mains, electric lines, telephone lines and cable
lines;
[4]
Elevations at the right-of-way lines on both sides
of the road, top of the curb on both sides of the road, bottom of
the curb on both sides of the road and center line of roads at fifty-foot
intervals, as well as roadway high and low points and the curb returns
at roadway intersections;
[5]
Location of curb stops, sewer cleanouts, sewer
services and water services; and
[6]
Location of curbs, sidewalks, handicap ramps, guide
rails, walls, mailboxes (except those for single-family residences),
traffic control signs, street identification signs, streetlights,
roof leaders, driveways and other associated improvements deemed necessary
by the Township Engineer.
(c)
Detention basins.
[1]
Location and elevations of the top of berm and/or
slope and the toe of slope; elevations shall be provided at maximum
fifty-foot intervals along the perimeter of the basin;
[2]
Location and elevations of all drainage structures
and piping, including outflow structures;
[3]
Location and elevations of low-flow channels; elevations
shall be provided at maximum fifty-foot intervals along the low-flow
channels, and elevations shall be obtained at the bottom and top of
channel;
[4]
Location and elevation of emergency spillways;
[5]
Location of any fencing and/or landscaping; and
[6]
Any other elevations that are necessary to verify
that the detention basin was constructed to the grades shown on the
approved plans.
I.
Extension of time. The time allowed for the installation of
the improvements for which the performance guarantee has been provided
may be extended by the Township Council by resolution, provided that
the current municipal cost of installation of such improvements shall
first be redetermined by the Township Engineer, and if such current
municipal cost is found to be greater than the cost as originally
determined, the developer shall be required, as a condition of any
such extension, to increase the amount of the performance guarantee
to an amount equal to 120% of the installation cost as redetermined.
In the event that the redetermined cost shall be less than the cost
as originally determined, and in further event that the developer's
performance guarantee exceeds 120% of such redetermined costs, the
developer shall be entitled to a reduction of the performance guarantee
to an amount equal to 120% of such redetermined costs.
J.
Default by developer. If the required improvements are not completed
or corrected in accordance with the performance guarantee, the obligor
and surety, if any, under the performance guarantee shall be liable
thereon to the Township for the cost of the improvements not completed
or constructed, and the Township, either prior to or after receipt
of the proceeds thereof, may complete the improvements. Such completion
or correction of improvements shall be subject to the public bidding
requirements of the Local Public Contracts Law, P.L. 1971, c. 198.[1]
(1)
For purposes of this subsection, "default" shall mean failure
to install the improvements in accordance with Township standards
of construction, including but not limited to failure to install the
improvements prior to the expiration of the performance guarantee.
(2)
The Township Engineer's certification that the developer has
defaulted in compliance with the required standards of construction
and installation of improvements shall be the basis for Township Council
action which rejects the improvements, withholds approval, withholds
construction permits or formally declares default and authorizes collection
on the performance guarantee.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.
K.
Penalties. In addition to the penalties for violation of this
chapter in accordance with § 190-1004, the Township Engineer
or another Township official designated by the Township Council is
specifically authorized to require the replacement or restoration
of any lands, buildings, structures and site improvements (including
clearing, whether on site or off site) or of any other work commenced
or continued on any site for which an approval is required pursuant
to this chapter in violation of any stop-construction order or the
standards for construction as established by the Township.
A.
Required improvements. Applicants shall be required, as a condition
for approval of a subdivision, site plan or conditional use, to pay
their pro rata share of the cost for providing reasonable and necessary
street improvements and/or water, sewerage and drainage facility improvements,
and any necessary easements therefor located outside the property
limits of the subject premises and necessitated or required by construction
or improvements within such subdivision or development. The following
criteria shall be utilized in determining the developer's proportionate
pro rata monetary share for the necessary off-tract developments.
B.
Improvements to be constructed at the expense of the developer.
In cases where the need for an off-tract improvement is reasonably
created by the proposed subdivision or development and where no other
property owners receive a special benefit thereby (as opposed to a
mere incidental benefit), the applicant may be required, as a condition
of approval and at the applicant's sole expense, to acquire and/or
improve lands outside the tract and dedicate such lands to the Township
of Allamuchy or Warren County or, in lieu thereof, require the subdivider
or developer to deposit with the Township a sum of money sufficient
to allow the Township to acquire and/or improve such lands on conditions
it may deem appropriate under the circumstances.
C.
General standards for other improvements. In cases where the
need for any off-tract improvement to be implemented now or in the
future is reasonably necessitated by the proposed development application,
and where it is determined that properties outside the development
also will be benefited by the improvement, the following criteria,
together with the provisions or rules and regulations of the Township
of Allamuchy or any department thereof, may be utilized in determining
the developer's proportionate share of such improvements:
(1)
Sanitary sewers. For distribution facilities, including the
installation, relocation or replacement of collector, trunk and interceptor
sewers and the installation, relocation or replacement of other appurtenances
associated therewith, the applicant's proportionate share shall be
computed as follows:
(a)
The capacity and the design of the sanitary sewer
system shall be based on the Rules and Regulations for the Preparation
and Submission of Plans for Sewerage Systems, New Jersey State Department
of Environmental Protection, and all Allamuchy Township sewer design
standards, including infiltration standards.
(b)
Developer's pro rata share:
[1]
The capacity of the existing system to serve the
entire improved drainage area shall be computed. If the system is
able to carry the total development drainage basin, no improvement
or enlargement cost will be assigned to the developer although some
charges including, but not limited to, capacity charges may be imposed.
If the existing system does not have adequate capacity for the total
development drainage basin, the prorated enlargement or improvement
share shall be computed as follows:
|
Developer's
Prorated Share
|
=
|
Development gpd
| |
|---|---|---|---|
|
Total Enlargement
or Improvement Cost
|
Total Tributary gpd
|
[2]
If it is necessary to construct a new system in
order to develop the subdivision or development, the prorated enlargement
share to the developer shall be computed as follows:
|
Developer's
Prorated Share
|
=
|
Development Tributary gpd
| |
|---|---|---|---|
|
Total Project Cost
|
Total Tributary gpd to New System
|
[3]
Specific plans for the improved system or the extended
system shall be prepared by the developer's engineer or the sewer
utility engineer in concert with the developer's engineer and submitted
to the Land Use Board during the time period when the Board is reviewing
the proposed subdivision and/or site plan application. The total cost
for the improvement and the developer's prorated share of the total
cost shall be calculated by the developer's engineer, submitted to
the Board, reviewed by the Township Engineer, and approved by the
Land Use Board, with any reasonable adjustments to the estimated costs,
at the time when preliminary approval of the application for development
is granted.
[Amended 7-18-2006 by Ord. No. 2006-14]
(2)
Roadways. For street widening, alignment, channelization of
intersections, construction of barriers, new or improved traffic signalization,
signs, curbs, sidewalks, trees, utility improvement uncovered elsewhere,
the construction or reconstruction of new or existing streets and
other associated streets or traffic improvements, the applicant's
proportionate cost shall be determined as follows:
(a)
The applicant's engineer shall provide the Township
Engineer with the existing and anticipated peak-hour volumes which
impact the off-tract areas in question, which volumes shall analyze
pedestrian, bicycle and motor vehicle traffic.
(b)
The applicant shall furnish a plan for the proposed
off-tract improvements, which shall include the estimated peak-hour
traffic generated by the proposed development. The ratio of the peak-hour
traffic generated by the proposed development to the future peak-hour
traffic shall form the basis of the proportionate share. The prorated
share shall be computed as follows:
|
Developer's
Prorated Share
|
=
|
Additional Peak-Hour Traffic
Generated by the Development
| |
|---|---|---|---|
|
Total Cost of Roadway Improvement and/or Extension
|
Future Total Peak-Hour Traffic
|
(c)
Specific plans for the roadway improvement and/or
extension shall be prepared by the developer's engineer and submitted
to the Land Use Board during the time period when the Board is reviewing
the proposed subdivision and/or site plan application. The total cost
for the improvement and/or extension and the developer's prorated
share of the total cost shall be calculated by the developer's engineer,
submitted to the Board, reviewed by the Township Engineer, and approved
by the Land Use Board, with any reasonable adjustments to the estimated
costs, at the time when preliminary approval of the application for
development is granted.
[Amended 7-18-2006 by Ord. No. 2006-14]
(3)
Drainage improvements. For the stormwater and drainage improvements,
including the installation, relocation or replacement of storm drains,
culverts, catch basins, manholes, riprap or improved drainage ditches
and appurtenances thereto and the relocation or replacement of other
storm drainage facilities or appurtenances associated therewith, the
applicant's proportionate share shall be determined as follows:
(a)
The capacity and design of the drainage system
to accommodate stormwater runoff shall be computed by the developer's
engineer and approved by the Township Engineer and shall be based
on a method either described in Urban Hydrology for Small Watersheds,
Technical Release 55, Natural Resources Conservation Service, United
States Department of Agriculture, January 1986, as amended, or described
in American Society of Civil Engineers' "Manuals and Reports on Engineering
Practice No. 37," 1974, as amended, or as otherwise approved by the
Township Engineer.
(b)
The capacity of the enlarged, extended or improved
system required for the subdivision or development and areas outside
of the subdivision or development shall be computed by the developer's
engineer and be subject to the approval of the Township Engineer.
The plans for the improved system shall be prepared by the developer's
engineer, and the estimated cost of the enlarged system shall be calculated
by the Township Engineer. The prorated share for the proposed improvement
shall be computed as follows:
|
Developer's
Prorated Share
|
=
|
Development cfs
| |
|---|---|---|---|
|
Total Enlargement or
Improvement Cost of
Drainage Facilities
|
Total Tributary cfs
|
(c)
Specific plans for the enlargement or improvement
of the drainage facilities shall be prepared by the developer's engineer
and submitted to the Land Use Board during the time period when the
Board is reviewing the proposed subdivision and/or site plan application.
The total cost for the enlargement or improvement and the developer's
prorated share of the total cost shall be calculated by the developer's
engineer, submitted to the Board, reviewed by the Township Engineer,
and approved by the Land Use Board, with any reasonable adjustments
to the estimated costs, at the time when preliminary approval of the
application for development is granted.
[Amended 7-18-2006 by Ord. No. 2006-14]
(4)
Water.
(a)
Public water accessible.
[1]
Regarding all planned developments, and regarding
all developments where public water is accessible, water mains shall
be constructed and connected to public water supply systems by the
applicant, at the applicant's sole expense, and in such a manner as
to make adequate water service available to each lot or building within
the development. The entire system shall be designed in accordance
with the requirements and standards of the local and/or state agency
having approval authority and shall be subject to its approval. The
system also shall be designed with adequate capacity and sustained
pressure and in a looped system with no dead-end lines, whenever possible.
[2]
For the purposes of this section, "accessible"
shall mean that the property to be developed is no further from an
existing water main than the number of feet calculated by multiplying
the number of units in the proposed development by 200 or, in the
case of subdivisions in which more than 15 lots are proposed, "accessible"
shall mean that the property to be developed is within one mile of
an existing water main. To the extent reasonable and practicable,
all nonresidential developments shall be served by public water.
(b)
Public water not accessible.
[1]
Where no public water is accessible, as defined
hereinabove, water shall be furnished on an individual lot basis.
If wells are installed on each lot and the lot also contains its own
sewage disposal facilities, the wells shall be of the drilled type
with a minimum 50 feet of casing where possible or, where such minimum
footage of casing is not possible, the well shall be drilled at least
20 feet into unweathered rock.
[2]
Well installation, sealing and testing shall be
in accordance with the New Jersey Standards for Construction of Water
Supply Systems in Realty Improvements (Chapter 199 of the Public Laws
of 1954), as amended, and in accordance with the guidelines and resolutions
adopted by the Warren County Health Department. Prior to being placed
in consumer use and prior to issuance of a certificate of occupancy
for any building served by the well, the developer shall certify to
the Warren County Health Department that he/she has complied with
all applicable state, county and local regulations.
(c)
Where no public water is accessible to a development
as defined hereinabove, in addition to complying with the other applicable
provisions of this chapter, the applicant shall deposit funds in escrow
with the Township of Allamuchy in an amount equal to the cost of connecting
the development to an existing public water supply system calculated
on the basis of 200 feet per unit. The escrow amount shall be calculated
by determining the costs of providing such water main extension as
charged by the public water utility for such service, including, but
not limited to, materials, installation, taxes, appurtenances, surcharges,
if any, etc.
(d)
In lieu of depositing the aforesaid escrow funds,
the applicant may, at his/her option, elect to install water main
extensions in the development, even though public water may not be
accessible as defined hereinabove.
D.
Escrow accounts. Where the proposed off-tract improvement is
to be undertaken at a future date, funds required for the improvement
shall be deposited to the credit of the Township of Allamuchy in a
separate account until such time as the improvement is constructed.
In lieu of a cash escrow account, developers may present irrevocable
letters of credit for the term required in a form acceptable to the
Township Attorney.
(1)
If the off-tract improvement is not begun within 10 years of
the deposit, the developer shall thereafter have the right to petition
the Township Council for the release of such escrow and shall be entitled
to such release upon a showing that there is no reasonable likelihood
that such improvement will be constructed.
(2)
If the off-tract improvement is not begun within 20 years of
the deposit, all monies and interest shall be returned to the applicant
or the letter of credit surrendered, as the case may be.
(3)
An off-tract improvement shall be considered "begun" if the
Township of Allamuchy has taken legal steps to provide for the design
and financing of such improvements.
E.
Referral to Township Council.
[Amended 7-18-2006 by Ord. No. 2006-14]
(1)
Where applications for development suggest the need for off-tract
improvements, whether to be installed in conjunction with the development
in question or otherwise, the Land Use Board shall forthwith forward
to the Township Council a list and description of all such improvements,
together with a request that the Township Council determine and advise
the Board of the procedure to be followed in construction or installation
thereof, including timing. The Board shall defer final action upon
the subdivision or site plan until receipt of the Township Council
determination or the expiration of 90 days after the forwarding of
such list and description to the Township Council without determination
having been made, whichever comes sooner.
(2)
The Township Council, within 90 days after receipt of said list
and description, shall determine and advise the Land Use Board concerning
the procedure to be followed and advise the Board with regard to suggested
conditions of approval, if any, to adequately protect the municipality.
(3)
In the event that the Land Use Board is required by statute
to act upon the application prior to receipt of the Township Council's
determination as to construction of off-tract improvements, it shall
request the applicant to consent to an extension of time within which
to act of sufficient duration to enable the Township Council to make
the aforesaid determination. In the event that the applicant is unwilling
to consent to the requested extension of time, the Land Use Board
shall, in its discretion, either itself determine the procedure to
be followed in constructing the aforesaid improvements or shall condition
its approval upon the subsequent determination of the Township Council.
F.
Implementation of off-tract improvements.
(1)
In all cases, developers shall be required to enter into an
agreement or agreements with Allamuchy Township in regard to off-tract
improvements within one year from the date of municipal subdivision
or site plan approval and in accordance with this chapter and any
other ordinances, policies, rules and regulations of the Township
of Allamuchy, Warren County and the State of New Jersey and any departments,
authorities or agencies thereof. Should such an agreement or agreements
not be entered into within the aforesaid one-year time period, or
within such extended time period as may be granted by the Township
Council, the municipal subdivision and/or site plan approval shall
be deemed null and void.
(2)
Where properties outside the subject tract will be benefited
by the improvements, the Township Council may require the applicant
to escrow sufficient funds, in accordance with § 190-903D
hereinabove, to secure the developer's pro rata share of the eventual
cost of providing future structural improvements based upon the standards
expressed herein.
(3)
Where properties outside the subject tract will benefit by the
improvements, the Township Council may determine that the improvement
or improvements are to be installed by the municipality as a general
improvement, the cost of which is to be borne as a general expense.
If the Township Council shall determine that the improvement or improvements
shall be constructed or installed as a general improvement, the Township
Council may direct the Land Use Board to estimate, with the aid of
the Township Engineer or such other persons who have pertinent information
or expertise, the amount, if any, by which the total cost thereof
will exceed the total amount by which all properties, including the
subject tract, will be specifically benefited thereby, and the subdivider
or developer shall be liable to the municipality for such expense.
(4)
If the Township Council shall determine that the improvement
or improvements shall be constructed or installed as a local improvement,
all or a part of the cost of which is to be assessed against properties
benefited thereby in proportion to the benefits conferred by the improvements
in accordance with Chapter 56 of Title 40 of the Statutes of the State
of New Jersey, the developer may be required to sign an agreement
acknowledging and agreeing to this procedure and, in addition, the
Township Council may require that the developer shall be liable to
the municipality for, in addition to the amount of any special assessments
against the subject property for benefits conferred by the improvement
or improvements, the difference between the total cost actually incurred
and the total amount by which all properties, including the subject
tract, are specially benefited by the improvement, as the same may
be determined by the Board of Improvement Assessors.
(5)
If the Township Council shall determine that the improvements
are to be constructed or installed by the applicant, such agreement
may contain provisions consistent with the standards in this chapter
and any other rules, regulations or policies of the Township of Allamuchy,
County of Warren and the State of New Jersey and any departments,
authorities or agencies thereof with jurisdiction therein, whereby
the applicant shall be reimbursed by the municipality or otherwise
as a result of any participation fees, connection charges, charges
paid in regard to developer's agreements with other applicants and
the like, all in accordance with an agreement between the Township
Council and the applicant.
(6)
In determining the procedures to be followed in the event of
the submission of a list and request from the Land Use Board, the
Township Council shall be guided by the following standards and considerations:
(a)
The local trends in regard to the probability of
development within the drainage or circulation area in question and
the intensity of such development;
(b)
The risk and exposure that neighboring areas are
subject to in the event that the improvements to be required are delayed;
(c)
The extent to which temporary measures may sufficiently
alleviate the condition or conditions requiring the off-tract improvement
and the likelihood that larger, regional or subregional facilities
will be required in the future to serve the development tract and
the general area of the municipality in which the same is located;
and
(d)
The extent to which the health, safety and welfare
of the residents, both current and future, depend upon the immediate
implementation of the off-tract improvement.
