Whenever a term is used in this chapter or in Chapter 158, Subdivision of Land, the Land Disturbance Ordinance of the Township of Hardyston, Chapter 147, Site Plan and General Development Plan Review, or Chapter 185, Zoning, which is defined in N.J.S.A. 40:55D-1 et seq., as amended, such term is intended to have the meaning set forth in the definition of such term found in said statute unless said term is specifically defined in any of the aforementioned ordinances, in which event said term as defined shall be construed to be applicable to all of said ordinance unless a contrary intention is clearly expressed or implied from the context in which such term is used.
All sections of Chapter 158, Subdivision of Land, Chapter 185, Zoning, Chapter 147, Site Plan and General Development Plan Review, or any other ordinance of the Township of Hardyston which contains provisions contrary to the provisions of this chapter shall be and are hereby (to the extent of such inconsistency) repealed.
A. 
No final subdivision plat or site plan shall be approved by a municipal agency until the completion of all required improvements has been certified by the Township Engineer unless the owner has filed with the Township a performance guaranty sufficient in amount to cover the costs of all improvements or in completed portions thereof as estimated by the Township Engineer and assuring the installation of uncompleted improvements on or before an agreed date. The performance guaranty may be in the form of a performance bond issued by a bonding or surety company; a letter of credit issued by a bank doing business in the State of New Jersey, a certified check returnable to the subdivider after full compliance or any other type of security approved by the Township Attorney.
B. 
Whenever a performance guaranty has been posted as provided for in Subsection A, the time specified for the completion of improvements covered by the performance guaranty may be extended by the Township Council by resolution. As a condition of or as part of any such extension, the amount of any performance guaranty shall be increased or reduced as the case may be to an amount not to exceed 120% of the cost of the installation as determined as of the time of passage of the resolution.
C. 
Any performance or maintenance guaranty shall be approved by the Township Attorney as to form, sufficiency and execution. The performance guaranty shall run for a period to be fixed by the municipal agency, but in no case for a term of more than three years. However, with the consent of the owner and the surety, if there is one, the Township Council may by resolution extend the term of the performance guaranty for an additional period not to exceed three years. Where partial approval is granted, the bond of the obligor may be reduced, provided that 30% of the amount of the performance guaranty posted may be retained to insure completion of all improvements. Notice shall be given to the obligor as required by N.J.S.A. 40:55D-53(e).
D. 
Whenever a central water system is to be constructed or sanitary sewer system is to be connected to the Sussex County Municipal Utilities Authority, no final approval of a subdivision of site plan shall be granted until the Hardyston Township Municipal Utilities Authority has approved the plans and the developer has posted all required performance guaranties with the MUA.
E. 
Whenever a wastewater treatment system is proposed which would require the Township of Hardyston to act as co-permittee in obtaining approval of the Department of Environmental Protection, any approval granted by the municipal agency shall be made subject to the execution of an agreement between the developer and the Township and the Township's consent to act as co-permittee.
F. 
The obligor on any bond or other performance guaranty shall reimburse the Township for all reasonable inspection fees paid to the Municipal Engineer for any such inspections of improvements and the developer shall post a deposit to cover such fees in such amount as required by the municipal agency having jurisdiction.
G. 
If required improvements are not installed in accordance with the performance guaranty, the obligor and surety shall be liable to the Township for the reasonable cost of the improvements not installed and upon receipt of the proceeds of the performance guaranty, the Township shall install the improvements.
H. 
Before the signing of any final subdivision plat or as a condition of any site plan approval or as a condition to the issuance of a zoning permit, the municipal agency shall require for the purpose of maintenance of improvements that a maintenance guaranty shall be posted with the governing body for a period of not to exceed two years after the final acceptance of the improvement in an amount not to exceed 15% of the cost of the improvement. In the event that other governmental agencies or public utilities will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty shall be required for such utilities or improvements.
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of Article IV.
This chapter shall be known and may be cited as the "Land Use Procedures Ordinance of the Township of Hardyston."
In accordance with the provisions of N.J.S.A. 40:55D-46, developments regulations, except for the Official Map, shall not take effect until a copy thereof shall be filed with the County Planning Board. A zoning ordinance or amendment or revision thereto which, in whole or in part, is inconsistent with or not designed to effectuate the land use plan element of the Master Plan shall not take effect until a copy of the resolution required by N.J.S.A. 40:55D-62 shall be filed with the County Planning Board.
Immediately upon adoption of this chapter, the Township Clerk shall file a copy of this chapter with the County Planning Board as required by law. The Clerk shall also file with the County Planning Board copies of all other ordinances of the municipality relating to land use, such as the subdivision, zoning and site plan review ordinances.
Members of the Planning Board and Zoning Board of Adjustment on the effective date of this chapter shall continue in office until the completion of their terms as provided by law immediately prior to the effective date of this chapter. Any new appointments or reappointments to said Boards shall be governed by the provisions of this chapter.
[Added 7-18-2006 by Ord. No. 2006-12]
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Editor's Note: The Administrative Checklist and Schedule A checklists are included at the end of this chapter.