A.
Obligation to pay development application fees and fees for professional
services. By signing an application for development and submitting
the application, the applicant shall pay such application fees as
are due the City and all reasonable costs for professional services,
including, without limitation, engineering, legal, planning, licensed
stenographic court reporting and other services, incurred by the City
in connection with the review, approval or denial by the Planning
Board or Zoning Board of Adjustment, or other advisory committee or
commission of the City, or by the Common Council of any aspect thereof,
including appeals, informal review of a concept plan by such boards
and reviews to ensure that conditions of approvals have been satisfied.
Such professional services may be provided by employees of the City
who are professionals, or by professionals or consultants retained
by the City on a general basis or retained specifically for an application
by the Board of jurisdiction or the City. In conjunction with payment
of such professional fees, the applicant shall make an escrow deposit
in the amount and manner set forth herein and shall execute an agreement
in a form provided by the City obligating the applicant to pay such
fees. The application fee is a flat fee to cover direct administrative
expenses and is nonrefundable.
B.
Amount of fees and escrow deposits due. Each applicant shall, at
the time of application submission and prior to an application for
development being deemed complete, submit to the administrative officer,
in cash or by personal check, certified check or money order, the
sums below as application fees and escrow deposits. Where one application
for development includes more than one approval request (for example,
a request for combined preliminary and final major subdivision approval
or an application for development involving a new commercial building
with a parking lot), the sum of the individual required fees shall
be paid.
C.
Computation of fees for professional services. In the case of City
professionals not on an annual salary, but paid at an hourly rate
for services, the cost to be billed shall be the amount actually billed
for work done on the application at the rate which the professional
bills the City for all municipal work of the same nature. In the case
of a professional on salary from the City, the cost to be billed shall
be the hourly prorated salary of the professional, multiplied by the
number of hours spent on the application and further multiplied by
200% to include all staff support and overhead.
D.
Accounting. The City shall render a written final accounting to the
applicant on the uses to which the escrow deposit was put. Thereafter,
the City shall, upon written request, provide copies of the vouchers
withdrawing funds from the escrow deposit to the applicant.
E.
Fees required.
1.
Residential site plan and subdivision fees.
|
Application
|
Fee
|
Escrow Required
|
|---|---|---|
|
Concept plan
|
$250
|
0 to 20 lots/units: $100 per lot/unit;
21+ lots/units: $2,000 + $50 per lot/unit in excess of 20
|
|
Minor subdivision
|
$500
|
$300 + $200/lot
|
|
Site plans
| ||
|
Preliminary
|
$250 + $250/lot
|
$2,500 + 50/lot or dwelling unit
|
|
Final
|
75% of preliminary fee
|
$1,000 + $50/lot or dwelling unit
|
|
Major subdivisions
| ||
|
Preliminary
|
$250 + $250/lot
|
$2,500 + 50/lot or dwelling unit
|
|
Final
|
50% of preliminary fee
|
$1,000 + $50/lot or dwelling unit
|
2.
Commercial/industrial development applications: subdivisions.
|
Application
|
Fee
|
Escrow Required
|
|---|---|---|
|
Concept plan
|
$250
|
$1,000*
|
|
Minor subdivision
|
$250 + $250/lot
|
$1,000 + $500/lot
|
|
Major subdivision
|
$250 + $250/lot
|
$2,500 + $50/lot*
|
|
Final
|
50% of preliminary fee
|
$1,000 + $50/lot*
|
|
NOTE:
| |
|---|---|
|
*
|
If an application involves 10 or more acres, an additional $100
will be assessed for each acre, or fraction thereof, in excess of
10 acres.
|
3.
Commercial/industrial development applications: site plans.
|
Application
|
Fee
|
Escrow Required
|
|---|---|---|
|
Concept plan
|
$250
|
$1,000
|
|
Preliminary
|
$250 + $100/acre + $100/10,000 square feet of new building area
|
200% of application fee
|
|
Final
|
75% of preliminary fee
|
100% of preliminary escrow fee
|
4.
One- and two-family development applications.
|
Application
|
Fee
|
Escrow Required
|
|---|---|---|
|
One- or two-family residences: bulk (c) variances under N.J.S.A.
40:55D-70c
|
$200
|
$800
|
|
One or two-family residences: floor area ratio [d(4)] variances
under N.J.S.A. 40:55D-70d
|
$200
|
$800
|
5.
Other submissions.
|
Application
|
Fee
|
Escrow Required
|
|---|---|---|
|
Conditional use approval
|
$250
|
$750
|
|
Appeals under N.J.S.A. 40:55D-70a
|
$250
|
$500
|
|
Interpretation or special questions under N.J.S.A. 40:55D-70b
|
$250
|
$500
|
|
Bulk variances under N.J.S.A. 40:55D-70c
|
$500
|
$1,000
|
|
Use variances under N.J.S.A. 40:55D-70d
|
$1,000
|
$2,000
|
|
Permits under N.J.S.A. 40:55D-34 and 36
|
$250
|
$250
|
|
Modifications of previously submitted plans without changes
to FAR
|
50% of original fee
|
$1,000
|
|
All other modifications of previously submitted plans without
changes to FAR
|
50% of original fee
|
$1,000
|
|
Resubmittal of an application for preliminary or final major
subdivision or site plan approval where applicant has submitted an
application deemed incomplete
|
$125
|
None
|
|
Informal Technical Review Committee meeting
|
$250
|
$750
|
|
Rezoning/ordinance amendment request
|
$750
|
$1,500
|
|
List of persons within 200 feet, including area map
|
$11
|
None
|
|
Subdivision certificate of approval
|
$10
|
None
|
|
Certificate of noncompliance (Section 68 application)
|
$50
|
None
|
6.
Amended submissions.
|
Application
|
Fee
|
Escrow Required
|
|---|---|---|
|
Revised or amended plans or submission in all categories
|
50% of original application fee
|
An escrow amount no to exceed 50% of the original escrow requirement
as determined by the designation agent of the board of jurisdiction
|
7.
If there is any reasonable doubt as to the likelihood of the intended
use conforming to the performance standards, the Planning Board or
Zoning Board of Adjustment shall request a deposit of $1,000 to be
submitted with the application, which will be used to defray the cost
of the special reports required to process it.
8.
Special meetings. Whenever an applicant has requested a special meeting
or meetings of the Planning Board, Zoning Board of Adjustment, or
the Common Council, the applicant shall be responsible for all costs
incurred by the City as a result of such special meeting(s), including,
without limitation, costs for attendance of the Board Secretary and
Attorney, City professional services, City staff, custodial services
in opening and closing the building in which the meeting is held,
and all similar reasonable expenses.
F.
Miscellaneous.
1.
For site plans involving only expansion of or additions to existing buildings, fees and escrow deposits shall be calculated on the area of the expansion or addition in accordance with § 35-6.1E.
2.
For modifications within the footprint of existing buildings, fees and escrow deposits shall be calculated in accordance with § 35-6.1E.
3.
Professional review fees for subdivision or site plan applications
may be proportioned to stages of submittals as approved by the board
of jurisdiction.
4.
Unexpended escrow deposits for concept plans shall be credited against
escrow deposits due upon filing of an application for development.
G.
Escrow deposits.
1.
Within 45 days after the filing of an application for development,
the administrative officer shall review the application to determine
whether the escrow amounts set forth above are adequate, including
whether escrow fees should be charged for applications for which the
escrow deposit is listed as "none." In conducting such review, the
following criteria shall be considered:
a.
The presence or absence of public water or sewer servicing the site.
b.
Environmental considerations, including, but not limited to, geological,
hydrological and ecological factors.
c.
Traffic impact of the proposed development.
d.
Impact of the proposed development on existing aquifer or water quality.
e.
Impact on improvements which might require off-tract or off-site
contribution agreements.
f.
Impact on open space landscaping, woodlands and the like.
g.
The need for a developer's agreement between the applicant and the
City.
h.
The anticipated costs for professional services to be paid by the
applicant in accordance with this article.
2.
If additional sums are deemed necessary, the applicant shall be notified
of the required additional amount and shall add such sum to the escrow
within 15 days of receipt of such notice for additional sums. Each
applicant shall, at the time of application submission, and prior
to the application being deemed complete, submit to the administrative
officer, in cash or by personal check, certified check or money order,
the amount of additional escrow deposit determined by the administrative
officer to be due in accordance with this section, and shall complete
all forms as required by such designated official. The board of jurisdiction
may make the continued current payment of all escrow fees due and
to be due under this section from an applicant a condition of the
approval of any application.
H.
Payment of additional escrow fees due.
1.
Upon the funds in the escrow account being reduced to 30% of the
amount initially deposited, the administrative officer shall forthwith
bill the applicant for any charges for professional services, it being
the intent of this article that the 30% be retained in the escrow
account at all times until any refunds are due.
2.
The administrative officer shall also bill the applicant for any
professional services covered by this article, whether or not funds
have been refunded pursuant to this article.
3.
Payment is due within 15 days of receipt of such bills.
I.
Failure to pay escrow amounts due.
1.
If an applicant has failed to pay any amounts due under this article,
the City may stop construction until such amounts, together with penalties
equal to an interest payment on unpaid bills of 1 1/2% per month
and any legal fees and expenses necessary to collect any unpaid bills,
are paid; deny the issuance of any construction permits or certificates
of occupancy if such amounts are due and payable; or deem any approval
conditioned by the board of jurisdiction on applicant's payment of
any amounts under this article to be null and void as though the board
of jurisdiction had denied such application on the date of conditional
approval. The Board of jurisdiction may in its discretion dismiss,
adjourn or deny the application if the applicant has failed to pay
any amounts due under this article.
2.
In addition, all escrow charges which have been billed and remain
unpaid shall become a lien on the premises with respect to which said
charges are required and shall remain so until paid. Said overdue
charges shall accrue the same interest from time to time as taxes
upon real estate in the City. The City shall have the same remedies
for the collection thereof with interest, costs and penalties as it
has by law for the collection of taxes upon real estate. The applicant
shall be responsible for all costs of collection of unpaid escrow
fees, including attorneys' fees and all costs.
J.
Appeals of amounts charged against escrow.
1.
The applicant shall notify, in writing, the Common Council, with
copies to the Chief Financial Officer, the approving authority, and
the professional whenever the applicant disputes a charge against
escrow for services rendered.
2.
The process for reviewing the appeal, and those processes for further
consideration of the Common Council's decision, are stipulated in
N.J.S.A. 40:55D-53.2a et seq.
K.
Unexpended escrow funds. All unexpended escrow funds shall be refunded
to the applicant within a reasonable time after the last certificate
of occupancy is issued and all conditions and requirements of development
approvals and any development agreement are satisfied, or such earlier
time as the administrative officer certifies that all professional
services to be paid by escrow funds have been completed and billed.
The refunding process will be in accordance with the guidelines and
procedures established by the City in effect at that time. In no event,
however, shall any application fees required pursuant to this article
be refunded.
L.
Itemized bills. An itemized accounting for fees paid or due and owing
from escrowed funds will be forwarded to the applicant when the escrow
amount has been reduced to less than 30% of the amount initially deposited,
it being the intent of this section that 30% of such amount be retained
in the escrow account until the inspections are completed. Payment
is due within 15 days of receipt of such bill. Interest at the rate
of 1 1/2% per month shall be charged on all payments not received
within 15 days of receipt of the bill. All unexpended escrow funds
shall be returned to the applicant within a reasonable time after
receipt of written request of the applicant, and the City Engineer
certifies that the inspections have been completed, and the release
of escrow funds approved.
M.
Deposit of escrow funds. The City Treasurer shall deposit all escrow
funds in accordance with N.J.S.A. 40:55D-53.1 and shall charge the
administration fee permitted to defray the cost of administrating
said account.
A.
Requirements for approval of final plat. No final plat shall be approved
until all items required to be bonded (on-site, off-site, on-tract
and off-tract) have been installed, approved by the City Engineer,
or their installation shall have been provided for by a performance
guarantee accepted and approved by the City Engineer. No partially
completed facility shall be accepted for any item which has further
stages of work or which will need to be altered or reworked due to
the installation of any other facility. A performance bond for an
approved site plan shall be provided.
B.
Submission of estimate of cost. The performance guarantee estimate
of the cost of improvements shall be submitted by the applicant to
the City Engineer, who will accept or modify the amounts in that estimate
as part of his report on final plat review. The approving authority
or City Engineer may request the applicant to update this estimate
as required.
C.
Performance guarantee requirements.
1.
Before filing of final subdivision plats or recording minor subdivision
deeds or as a condition of final site plan approval or as a condition
to the issuance of a zoning permit pursuant to Subdivision d of N.J.S.A.
40:55D-65, the City shall require and shall accept in accordance with
the standards set forth herein below and regulations adopted pursuant
to N.J.S.A. 40:55D-53a for the purpose of assuring the installation
and maintenance of certain on-tract improvements, the furnishing of
a performance guarantee, and provision for a maintenance guarantee
in accordance with the provisions of this section.
a.
The developer shall furnish a performance guarantee in favor of the
City in an amount not to exceed 120% of the cost of installation of
only those improvements required by an approval or developer's agreement,
ordinance, or regulation to be dedicated to a public entity, and that
have not yet been installed, which cost shall be determined by the
City Engineer, according to the method of calculation set forth in
Section 15 of P.L. 1991. c. 256 (N.J.S.A. 40:55D-53.4), for the following
improvements as shown on the approved plans or plat: streets, pavement,
gutters, curbs, sidewalks, streetlighting, street trees, surveyor's
monuments, as shown on the final map and required by the Map Filing
Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.; repealed by Section
2 of P.L. 2011, c. 217[1]) or N.J.S.A. 46:26B-8 through N.J.S.A. 46:26B-8, water
mains, sanitary sewers, community septic systems, drainage structures,
public improvements of open space, and any grading necessitated by
the preceding improvements.
[1]
Editor's Note: See now N.J.S.A. 46:26B-1 et seq.
b.
The developer shall also furnish a performance guarantee, to include,
within an approved phase or section of a development, privately owned
perimeter buffer landscaping, as required by the City Code or imposed
as a condition of approval. At the developer's option, a separate
performance guarantee may be posted for the privately held perimeter
buffer landscaping.
c.
The applicant shall prepare and submit to the City Engineer for review
an itemized cost estimate of the improvements covered by the performance
guarantee, which itemized cost estimate shall be appended to each
performance guarantee posted by the obligor.
d.
The performance guarantee shall be in the City's prescribed form
of performance bond on which the developer shall be principal, and
secured either by a bonding or surety company approved by the Council
or by a certified bank or cashier's check, the proceeds of which shall
be returnable to the developer without interest after full compliance
by the developer with all of the requirements of this chapter and
the developer's agreement.
e.
The performance guarantee shall be approved by the City Engineer
as to form, sufficiency and execution. Such performance guarantee
shall run for a period to be fixed by the approving authority but,
in no case, for a term of more than three years. However, with the
consent of the owner and of the surety, if there be one, the Common
Council may, by resolution, extend the term of such performance guarantee
for an additional period or periods not to exceed, in the aggregate,
three years. As a condition or as part of any such extension, the
amount of any performance guarantee shall be increased or reduced,
as the case may be, to an amount not to exceed 120% of the cost of
the installation, as determined as of the time of the passage of the
resolution. The amount of the performance guarantee may be reduced
by the Common Council by resolution when portions of the required
improvements have been installed.
f.
A successor developer must furnish a replacement performance guarantee,
as a condition to the approval of a permit update under the State
Uniform Construction Code, for the purpose of updating the name and
address of the owner of property on a construction permit.
g.
In the event that the developer shall seek a temporary certificate
of occupancy for a development, unit, lot, building, or phase of development,
as a condition of the issuance thereof, the developer shall furnish
a separate guarantee, referred to herein as a "temporary certificate
of occupancy guarantee," in favor of the City in an amount equal to
120% of the cost of installation of only those improvements or items
which remain to be completed or installed under the terms of the temporary
certificate of occupancy and which are required to be installed or
completed as a condition precedent to the issuance of the permanent
certificate of occupancy for the development, unit, lot, building
or phase of development and which are not covered by an existing performance
guarantee. Upon posting of a temporary certificate of occupancy guarantee,
all sums remaining under a performance guarantee, required pursuant
to § 35-6.2C1a, which relate to the development, unit, lot,
building, or phase of development for which the temporary certificate
of occupancy is sought, shall be released. The scope and amount of
the temporary certificate of occupancy guarantee shall be determined
by the Zoning Officer, City Engineer, or other municipal official
designated by ordinance. At no time may the City hold more than one
guarantee or bond of any type with respect to the same line item.
The temporary certificate of occupancy guarantee shall be released
by the Zoning Officer, City Engineer, or other municipal official
designated by ordinance upon the issuance of a permanent certificate
of occupancy with regard to the development, unit, lot, building,
or phase as to which the temporary certificate of occupancy relates.
2.
The developer shall also furnish to the City a safety and stabilization
guarantee, in favor of the City. At the developer's option, a safety
and stabilization guarantee may be furnished either as a separate
guarantee or as a line item of the performance guarantee. A safety
and stabilization guarantee shall be available to the City solely
for the purpose of returning property that has been disturbed to a
safe and stable condition or otherwise implementing measures to protect
the public from access to an unsafe or unstable condition, only in
the circumstance that:
a.
Site disturbance has commenced and, thereafter, all work on the development
has ceased for a period of at least 60 consecutive days following
such commencement for reasons other than force majeure; and
b.
Work has not recommenced within 30 days following the provision of
written notice by the City to the developer of the City's intent to
claim payment under the guarantee. The City shall not provide notice
of its intent to claim payment under a safety and stabilization guarantee
until a period of at least 60 days has elapsed during which all work
on the development has ceased for reasons other than force majeure.
The City shall provide written notice to a developer by certified
mail or other form of delivery providing evidence of receipt.
c.
The amount of a safety and stabilization guarantee for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000.
d.
The amount of a safety and stabilization guarantee for a development
with bonded improvements exceeding $100,000 shall be calculated as
a percentage of the bonded improvement costs of the development or
phase of development as follows:
e.
The City shall release a separate safety and stabilization guarantee
to a developer upon the developer's furnishing of a performance guarantee
which includes a line item for safety and stabilization in the amount
required under this subsection.
f.
The City shall release a safety and stabilization guarantee upon
the City Engineer's determination that the development of the project
site has reached a point that the improvements installed are adequate
to avoid any potential threat to public safety.
3.
Prior to the release of a performance guarantee required pursuant
to this section, the developer shall post with the City a maintenance
guarantee in an amount not to exceed 15% of the cost of the installation
of the improvements which are being released.
4.
If required, the developer shall post with the City, upon the inspection
and issuance of final approval of the following private site improvements
by the City Engineer, a maintenance guarantee in an amount not to
exceed 15% of the cost of the installation of the following private
site improvements: stormwater management basins, inflow and water
quality structures within the basins, and the outflow pipes and structures
of the stormwater management system, if any, which cost shall be determined
according to the method of calculation set forth in Section 15 of
P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
a.
The term of the maintenance guarantee shall be for a period not to
exceed two years and shall automatically expire at the end of the
established term.
b.
In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed or the improvements
are covered by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the City for such utilities or improvements.
5.
The time allowed for installation of the bonded improvements for
which the performance guarantee has been provided may be extended
by the governing body by resolution. As a condition or part of any
such extension, the amount of any performance guarantee shall be increased
or reduced, as the case may be, to an amount not to exceed 120% of
the cost of the installation, which cost shall be determined by the
Borough Engineer according to the method of calculation set forth
in Section 15 of P.L. 1991. c. 256 (N.J.S.A. 40:55D-53.4) as of the
time of the passage of the resolution.
6.
If the required bonded improvements are not completed or corrected
in accordance with the performance guarantee, the obligor and surety,
if any, shall be liable thereon to the City for the reasonable cost
of the improvements not completed or corrected and the City may either
prior to or after the receipt of the proceeds thereof complete such
improvements.
7.
Upon substantial completion of all required street improvements (except
for the top course) and appurtenant utility improvements, and the
connection of same to the public system, the obligor may request of
the governing body, in writing, by certified mail addressed in care
of the municipal Clerk, that the City Engineer prepare, in accordance
with the itemized cost estimate prepared by the City Engineer and
appended to the performance guarantee pursuant to Subsection A of
this section, a list of all uncompleted or unsatisfactory completed
bonded improvements. If such a request is made, the obligor shall
send a copy of the request to the City Engineer. The request shall
indicate which bonded improvements have been completed and which bonded
improvements remain uncompleted in the judgment of the obligor. Thereupon,
the City Engineer shall inspect all bonded improvements covered by
obligor's request and shall file a detailed list and report, in writing,
with the governing body and shall simultaneously send a copy thereof
to the obligor not later than 45 days after receipt of the obligor's
request.
a.
The list prepared by the City Engineer shall state, in detail, with
respect to each bonded 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 bonded improvement determined
to be unsatisfactory.
b.
The report prepared by the City Engineer shall identify each bonded
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 bonded improvement,
in accordance with the itemized cost estimate prepared by the City
Engineer and appended to the performance guarantee pursuant to Subsection
A of this section.
8.
The governing body, by resolution, shall either approve the bonded
improvements determined to be complete and satisfactory by the City
Engineer, or reject any or all of these bonded 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 City Engineer and appended
to the performance guarantee pursuant to Subsection A of this section.
This resolution shall be adopted not later than 45 days after receipt
of the list and report prepared by the City Engineer. Upon adoption
of the resolution by the governing body, the obligor shall be released
from all liability pursuant to its performance guarantee, with respect
to those approved bonded 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 total performance
guarantee and safety and stabilization guarantee posted may be retained
to ensure completion and acceptability of all improvements. The safety
and stabilization guarantee shall be reduced by the same percentage
as the performance guarantee is being reduced at the time of each
performance guarantee reduction.
9.
For the purpose of releasing the obligor from liability pursuant
to its performance guarantee, the amount of the performance guarantee
attributable to each approved bonded improvement shall be reduced
by the total amount for each such improvement, in accordance with
the itemized cost estimate prepared by the City Engineer and appended
to the performance guarantee pursuant to this section, including any
contingency factor applied to the cost of installation. If the sum
of the approved bonded improvements would exceed 70% of the total
amount of the performance guarantee, then the City may retain 30%
of the amount of the total performance guarantee and safety and stabilization
guarantee to ensure completion and acceptability of bonded improvements,
as provided above, except that any amount of the performance guarantee
attributable to bonded improvements for which a temporary certificate
of occupancy guarantee has been posted shall be released from the
performance guarantee even if such release would reduce the amount
held by the City below 30%.
10.
If the City Engineer fails to send or provide the list and report
as requested by the obligor pursuant to this section within 45 days
from receipt of the request, the obligor may apply to the court in
a summary manner for an order compelling the City Engineer to provide
the list and report within a stated time and the cost of applying
to the court, including reasonable attorneys' fees, may be awarded
to the prevailing party.
11.
If the governing body fails to approve or reject the bonded improvements
determined by the City 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 City 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 City
Engineer and appended to the performance guarantee pursuant to Subsection
A of this section; and the cost of applying to the court, including
reasonable attorneys' fees, may be awarded to the prevailing party.
12.
In the event that the obligor has made a cash deposit with the City
or approving authority as part of the performance guarantee, then
any partial reduction granted in the performance guarantee pursuant
to this subsection 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, provided that if the developer has furnished
a safety and stabilization guarantee, the City may retain cash equal
to the amount of the remaining safety and stabilization guarantee.
13.
If any portion of the required bonded improvements is rejected, the
approving authority may require the obligor to complete or correct
such improvements and, upon completion or correction, the same procedure
of notification as set forth in this section shall be followed.
14.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
governing body or the City Engineer.
D.
Regulations concerning inspection fees.
1.
The obligor shall reimburse the City for reasonable inspection fees
paid to the City Engineer for the foregoing inspection of improvements,
which fees shall not exceed the sum of the amounts set forth in Subsections
D1a and b of this subsection. The cost of inspections shall be 5%
of the total site construction cost estimates developed by the applicant
and approved by the City Engineer for engineering inspections and
incidental engineering services in connection with approved development
applications. The City may require the developer to post the inspection
fees in escrow in an amount:
a.
Not to exceed, except for extraordinary circumstances, the greater
of $500 or 5% of the cost of bonded improvements that are subject
to a performance guarantee required in this section; and
b.
Not to exceed 5% of the cost of private site improvements that are
not subject to a performance guarantee required in this section, which
cost shall be determined pursuant to Section 15 of P.L. 1991, c. 256
(N.J.S.A. 40:55D-53.4).
2.
For those developments for which the inspection fees total more than
$10,000, fees may, at the option of the developer, be paid in two
installments. The initial amount deposited in escrow by a developer
shall be 50% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the City Engineer
for inspections, the developer shall deposit the remaining 50% of
the inspection fees.
3.
If the City determines that the amount in escrow for the payment
of inspection fees, as calculated pursuant to this section, is insufficient
to cover the cost of additional required inspections, the City may
require the developer to deposit additional funds in escrow, provided
that the City delivers to the developer a written inspection escrow
deposit request, signed by the City Engineer, which informs the developer
of the need for additional inspections, details the items or undertakings
that require inspection, estimates the time required for those inspections,
and estimates the cost of performing those inspections.
4.
In the event that final approval is by stages or sections of development
pursuant to Subdivision a of Section 29 of P.L. 1975, c. 291 (N.J.S.A.
40:55D-38), the provisions of this section shall be applied by stage
or section.
5.
To the extent that any of the improvements have been dedicated to
the City on the subdivision plat or site plan, the municipal governing
body shall be deemed, upon the release of any performance guarantee
required pursuant to this section, to accept dedication for public
use of streets or roads and any other improvements made thereon according
to site plans and subdivision plats approved by the approving authority,
provided that such improvements have been inspected and have received
final approval by the City Engineer.
6.
Each applicant shall pay all reasonable costs (including overtime
charged by any professional) for the City inspection of the construction
site and off-site improvements and for all improvements not otherwise
inspected pursuant to the Uniform Construction Code and shall execute
an agreement in a form provided by the City obligating itself to do
so. An escrow fund will be established within the City before construction
begins, and such funds shall be used to pay the fee and costs of professional
and incidental services incurred by the City to inspect the construction.
7.
An initial fee of 5% of the estimated total cost of the improvements
shall be deposited with the City prior to the issuance of any construction
permit. The basis for fees to be charged by the City for inspection
services shall be the same fee basis the City uses to pay for City
related projects, including overtime charges. The estimated costs
of improvements shall be calculated by the City Engineer based on
current competitive prices for similar work in the area.
E.
Use of performance bonds. Any performance bond, letter of credit or other guarantee provided by an applicant shall provide that the City may, in its sole and absolute discretion, apply any funds available from any such performance bonds, letter of credit or other guarantee posted by the applicant against amounts owed under § 35-6.1G, H and I by providing the applicant 15 days' prior written notice of the City's intent to draw against the performance bond, letter of credit or guarantee. If the City shall draw against the performance bond, letter of credit or other guarantee, the applicant shall replenish said draw within 15 days of written notice. Failure to restore funds shall be default, and the City shall have, in addition to any others, all rights set forth in this article.
F.
Preconstruction conference. Prior to beginning construction, the
developer shall arrange for a preconstruction conference between the
developer, contractor, and City Engineer. The City Engineer shall
be notified by the developer at least five days in advance of the
start of construction.
G.
Approval of City Engineer required. No work shall be done without
permission from and inspection by the City Engineer. No underground
installations shall be covered until inspected and approved. The City
Engineer's office shall be notified after each of the following phases
of the work has been completed so that he may inspect the work: road
subgrade; sidewalk, curb and gutter forms; curbs and gutters; road
paving (after each coat in the case of priming and sealing); sanitary
sewer pipes, drainage pipes and other drainage structures before backfilling;
shade trees and planting strips; street name signs; and monuments.
H.
Utility installations. All utility installations installed by utility
companies shall not be subject to the inspection requirements.
I.
Occupancy permits; paving of streets; landscaping. Occupancy permits
will be issued only when the installation of curbs, utilities, functioning
water supply and sewage treatment facilities, necessary storm drainage
to ensure proper drainage of the lot and surrounding land, rough grading
of lots, soil stabilization, base course for the street and driveway,
and sidewalks are installed to serve the lot and structure for which
the permit is requested. Streets shall not receive surface course
paving until all heavy construction is completed. Shade trees shall
not be planted until all grading and earthmoving is completed. Seeding
or grass areas shall be the final operation.
J.
City not to be held liable. Inspections by the City Engineer shall
not subject the City to claims, suits, or liability of any kind that
may arise because of defects or negligence, it being recognized that
to maintain safe conditions at all times on all parts of the tract
is the obligation of the developer and his contractors or subcontractors,
if any.
K.
Final inspection of work. After completing the improvements, the
developer shall prepare two sets of the plans and the profiles amended
to read "as constructed" and apply to the City Engineer for final
inspection of the work. The City Engineer shall, within 30 days of
completing the inspection, report in writing to the governing body,
indicating either approval, partial approval, or rejection of the
improvements with a statement of reasons for any rejection. If partial
approval is indicated, the cost of the improvements rejected shall
be set forth.
L.
Approval, partial approval or rejection by governing body. The governing
body shall either approve, partially approve or reject the improvements
and shall notify the obligor by certified mail of the contents of
the City Engineer's report, and the action of the approving authority
with relation thereto, no later than 65 days after receipt of the
notice from the obligor of the completion of the improvements. Where
partial approval is granted, the obligor shall be released from liability
pursuant to its performance guarantee, except for a portion sufficient
to secure compliance with the remaining items. Failure of the governing
body to send or provide such notification to the obligor within 65
days shall be deemed to constitute approval of the improvements, and
the obligor and surety, if any, shall be released from liability pursuant
to such performance guarantee.
M.
Rejection of improvements by governing body. If any portion of the
required improvements is rejected, the approving authority may require
the obligor to complete such improvements and, upon completion, the
same procedure of notification as set forth shall be followed.
N.
Reduction of performance guarantee. Upon request of the developer,
in writing, by certified mail, with copies to the City Engineer, the
governing body may reduce the amount of the performance guarantee
after considering the report of the City Engineer. The performance
guarantee retained shall be sufficient to cover the cost of uninstalled,
uncompleted and defective improvements, engineering costs, and an
amount equal to 15% of the cost of completed facilities to assure
upkeep of these facilities until accepted by the governing body. Agreement
to reduce the performance guarantee in accordance with this provision
shall not constitute approval or acceptance of any of the improvements
by the governing body. The reduction shall first be in the surety
portion of the performance bond, and only in cash portion after the
entire surety portion has been released.
O.
Acceptance of street, drainage system or other improvements. The
approval of any plat under this chapter by the approving authority
shall in no way be construed as acceptance of any street, drainage
system, or other improvement required by this chapter, nor shall such
plat approval obligate the City in any way to maintain or exercise
jurisdiction over such street, drainage system, or other improvements.
Acceptance of any street, drainage system or other improvement shall
be implemented only by favorable action by the governing body.
A.
Requirements for issuance. No zoning permit, building permit, or
certificate of occupancy shall be issued for any parcel of land or
structure which was sold or on which improvements were undertaken
in violation of the provisions of this chapter or for use of a lot
which was created by subdivision after the effective date of, and
not in conformity with, the provisions of this chapter. No site improvements,
such as, but not limited to, excavation or construction of public
or private improvements, shall be commenced except in conformance
with this chapter in accordance with plat approvals and the issuance
of required permits.
B.
Zoning permit. A zoning permit or other form of written approval
shall be issued when required by the Zoning Officer before the issuance
of any building permit or construction code certificate of occupancy.
A.
Required; exceptions. It shall be unlawful to use any lot, tract,
or building or part thereof hereafter created or modified or involving
a transfer or change in use, title or occupancy or change in tenancy,
until a zoning certificate of occupancy shall have been issued by
the Zoning Officer, except that no certificate shall be required for
a transfer of title which is exempt from the payment of the realty
transfer fee imposed under New Jersey Public Law 1968, c. 49, as amended,
by reason of a deed: for a consideration of less than $100; which
confirms or corrects a deed previously recorded; between husband and
wife, or parent and child; in specific performance of a final judgment;
by an executor or administrator of a descendent to a devisee or heir
to effect distribution of the descendant's estate in accordance with
the provisions of the descendant's will or the laws of the State of
New Jersey; or recorded within 90 days following the entry of a divorce
decree which dissolves the marriage between the grantor and grantee.
B.
Compliance with chapter required. No certificate shall be issued unless the land, building and use comply with this chapter, all matters incorporated and certified by the City Engineer, any lawful prior orders issued under the authority of the construction, property maintenance, fire prevention and health codes are properly abated, and the property is in compliance with the items listed in § 15-6 of Chapter 15, Property Maintenance Code, of the Revised General Ordinances.
C.
Temporary zoning certificate. The Zoning Officer may issue a temporary
zoning certificate of occupancy when a notice of violation has been
issued for the correction of defects or other conditions that are
not materially adverse to public health, safety or welfare, and a
schedule and escrow have been established that provide a reasonable
time period for elimination of the defects or other conditions in
an amount that will adequately cover the cost of eliminating the defects
or conditions if the applicant fails to do so within the scheduled
time period.
D.
Fees. Each request for a zoning certificate of occupancy shall be
accompanied by cash, check or money order payable to the City of Summit
in the amount specified in the fee schedule contained in Appendix
A of the Revised General Ordinances.
A.
Saving provision. These regulations shall not be construed as abating
any action now pending under prior existing subdivision, site plan
or zoning regulations; or as abating or modifying any penalty accruing
or about to accrue; or as affecting the liability of any person, firm,
or corporation, or as waiving any right of the City under any provision
existing at the time of adoption of this chapter; or as vacating or
annulling any rights obtained by any person, firm, or corporation
by lawful action of the City except as shall be expressly provided
for in this chapter. Applications filed with the secretary of the
approving authority having all fees paid prior to the adoption of
this chapter shall be deemed pending.
B.
Validity. If any provisions of this chapter shall be adjudged by
the courts to be invalid, such adjudication shall apply only to that
provision, and the remainder of this chapter shall be deemed valid
and effective.
C.
Violations and penalties.
1.
In cases where any structure is erected, altered, converted, or maintained,
or any structure or land is used in violation of this chapter, or
any approved subdivision, site plan, variance, conditions of approval,
or similar approval, the City or an interested party may institute
appropriate action to prevent such unlawful erection, alteration,
conversion, maintenance or use; to restrain, correct or abate such
violation; to prevent the occupancy of said structure or land; and
to prevent any illegal act, conduct, business or use in or about such
premises. Any person convicted of such violations before a court of
competent jurisdiction shall be subject to a penalty not to exceed
$2,000 and/or 90 days in jail in accordance with N.J.S.A. 40:49-5.
Each day shall be deemed a separate violation.
2.
If, before final subdivision approval, any person as owner or agent
transfers or sells, or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
any land which forms a part of a subdivision for which municipal approval
is required, such persons shall be subject to a penalty not to exceed
$2,000 in accordance with N.J.S.A. 40:49-5. Each lot disposition so
made may be deemed a separate violation.
3.
In addition, the City may institute and maintain a civil action:
a.
For injunctive relief; and
b.
To set aside and invalidate any conveyance made pursuant to such
a contract or sale if a certificate of compliance has not been issued
in accordance with N.J.S.A. 40:55D-5, but only if the municipality
has a Planning Board and has adopted by ordinance standards and procedures
in accordance with N.J.S.A. 40:55D-38.
4.
In any such action, the transferee, purchaser or grantee shall be
entitled to a lien upon the portion of the land from which the subdivision
was made that remains in the possession of the developer or his assigns
or successors, to secure the return of any deposits made or purchase
price paid, and also a reasonable search fee, survey expense and title
closing expense, if any. Any such action must be brought within two
years after the date of the recording of the instrument of transfer,
sale or conveyance of said land or within six years, if unrecorded.
D.
Construction permits, site plan approvals and zoning variances outstanding.
Nothing in this chapter shall require any change in a construction
permit, site plan, or zoning variance which was approved before the
enactment of this chapter, but is in violation of this chapter, provided
that construction based on such a construction permit shall have been
started within one year from the effective date of this chapter, and,
in the case of a site plan or variance, a construction permit shall
have been issued within one year following the date of the approval.
In all instances, the project shall be continuously pursued to completion,
otherwise said approvals and permits shall be void.
E.
Compliance. All requirements of this chapter shall be met at the
time of any erection, enlargement, moving or change in use. All developments
resulting from subdivision and site plan approvals shall comply with
all the design and performance standards, including conditions imposed
by the approving authority as shown on the approved plat and/or included
on the resolution adopted by the approving authority.
