[Amended 9-28-1998 by Ord. No. 75-98; 7-24-2000 by Ord. No.
29-00; 4-23-2001 by Ord. No. 18-01; 3-11-2002 by Ord. No.
06-02; 6-27-2006 by Ord. No. 29-2006; 7-16-2007 by Ord. No. 2007-15; 7-14-2008 by Ord. No.
2008-18; 10-6-2008 by Ord. No. 2008-32]
A.
Generally. Every application for development, application for a land
disturbance permit or application for a sign permit shall be accompanied
by a check made payable to the Township for the application fees set
forth below. Such fees are required to cover the cost of administering
and processing the review procedures. An applicant seeking more than
one type of approval in an application for development shall pay an
aggregate fee equal to the total of all fees or each separate approval
requested. Separate fees shall be payable for use variances and bulk
variances.
D.
General development plan.
E.
F.
Conditional use permits: see site plan fees (N.J.S.A. 40:55D-67).
G.
Appeals to governing body: $365.
H.
Certificate of approval, exempt subdivision: $50; $25 for recertification.
I.
Land disturbance permit: $50 plus $10 for each 10 acres in excess
of the first 10 acres.
J.
Sign permit: $22 per sign plus annual renewal fee of $22 per sign.
K.
Notice of decision: $30 (other than applicant).
L.
Concept plan: $500 plus $30 per lot or $55 per acre, whichever is
greater.
M.
Extension of time of approval (per extension request): $100.
N.
Photocopying charges.
(2)
The above rates shall apply unless otherwise set by state law.
(3)
If the Director of the Department of Community Development or
his designee finds that there is no risk of damage or mutilation of
such records and that it would not be incompatible with the economic
and efficient operation of the office and the transaction of public
business therein, he may permit any citizen who is seeking to copy
more than 100 pages of records to use his own photographic process,
approved by the Director of the Department of Community Development
or his designee, upon the payment of a reasonable fee, considering
the equipment and time involved, to be fixed by the Director of the
Department of Community Development or his designee of not less than
$10 nor more than $50 per day.
O.
Waiver of fees.
(1)
The Township Council may waive the fees of any not-for-profit first
aid squad or fire company holding tax-exempt status under the Federal
Internal Revenue Code of 1954 [26 U.S.C. § 501(c) or (d)]
upon application of said organization confirming its tax-exempt status
and upon showing that:
(2)
The Township Council may waive the fees of any governmental or quasi-governmental
entity which operates within the municipal boundaries of the Township
of Old Bridge, including, but not limited to, the Old Bridge Township
Housing Authority and the Old Bridge Township Municipal Utilities
Authority.
P.
Zoning permit fees.
(4)
Shed less than 100 square feet: $55.
(5)
Fence: $30.
(6)
Gazebo: $50.
(7)
Deck: $50.
(9)
Commercial use change: $100.
(10)
Commercial building: $150.
(11)
Sign: $75.
(12)
Zoning verification letter: $150 per hour.
(13)
Retaining walls: $100.
(14)
Billboard: $500.
[Added 11-22-2010 by Ord. No. 2010-32]
[Amended 11-2-1992 by Ord. No. 42-92; 9-11-1995 by Ord. No.
47-95; 9-26-1995 by Ord. No. 59-95]
A.
Payments to professionals for services rendered. In addition to the fees set forth in § 250-104, inclusive, an applicant shall be responsible for reimbursing the Township for:
(1)
All expenses of professional personnel rendered to
the municipality or approving authority for review of applications
for development, review and preparation of documents, inspection of
improvements or other purposes under the Municipal Land Use Law, including
without limitations:
(a)
Charges for reviews by professional personnel
of applications and accompanying documents;
(b)
Issuance of reports by professional personnel
to the approving board setting forth recommendations resulting from
the review of any documents submitted by applicant;
(c)
Charges for any telephone conference or meeting
requested or initiated by applicant, his attorney or any of his experts;
(d)
Review of documents submitted by applicant not
required by ordinance and issuance of reports relating thereto;
(e)
Review or preparation of easements, developer's
agreements, deeds, or the like;
(f)
Preparation for and attendance at meetings related
to any application;
(g)
Preparation of summaries of preapplication and/or
concept plan review meetings;
(h)
The preparation of resolutions of memorialization, including, without limitation, resolutions pertaining to an application for general development plan approval pursuant to § 250-16A of this chapter and an application concerning which the resolution must contain a summary of more that two experts testifying on behalf of the applicant in order for the resolution to contain adequate findings of fact and conclusions based thereon pursuant to N.J.S.A. 40:55D-10g.
(i)
The costs of expert advice and/or testimony
obtained by the approving board for the purpose of eliciting testimony
on the same subject matter of applicant's experts.
(2)
Fees or charges to be paid for review of applications
for development, review and preparation of documents, inspection of
improvements, or other purposes under the New Jersey Municipal Land
Use Law shall be based upon a schedule adopted by the Township Council
by resolution.
(3)
In addition to the aforesaid fees and charges, developers
shall also pay such professionals or consultants for actual out-of-pocket
expenses incurred, including normal and typical expenses incurred
in processing applications and inspecting improvements.
(4)
The municipality or approving authority shall not
bill the applicant, or charge any escrow account or deposit for any
municipal clerical or administrative functions, overhead expenses,
meeting room charges, or any other municipal costs and expenses except
as provided for in this chapter, nor shall a municipal professional
add any such charges to his bill.
(5)
The Township Council shall adopt a separate ordinance,
at least annually, and from time to time, establishing the hourly
base salary for any municipal professional employed by the Township
of Old Bridge who reviews application, prepares or reviews documents,
inspects improvements, or for other similar purposes under the New
Jersey Municipal Land Use Law. Such hourly base salary shall be set
as a calculation based upon a forty-hour workweek (or in certain cases,
a thirty-five-hour workweek, wherein an employee works less than 40
hours), even though the municipal employee is a managerial employee
and/or an overtime exempt employee and/or is compensated on a set
annual salary basis.
(6)
Charges for professionals who are employees of the
municipality may not exceed 200% of the sum of the products resulting
from multiplying (1) the hourly base salary (established by ordinance,
as aforesaid) by (2) the number of hours spent by the professional
in reviewing the application for development or inspecting the developer's
improvements, as the case may be.
(7)
Fees charged by consulting professionals, including
those normally utilized by the municipality or approving authority,
shall be at the same rate charged as all other work of the same nature
by the professional when fees are not reimbursed or otherwise imposed
on applicants or developers.
(8)
All professional charges for review of an 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.
(9)
Review fees shall be charged only in connection with
an application for development presently pending before the approving
authority, or upon review of compliance with conditions of approval,
or review of requests for modification or amendment made by the applicant.
(10)
A professional 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 a state
agency is necessary due to the effect of state approvals in the subdivision
or site plan.
(11)
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.
(a)
Notwithstanding any of the above, the amount of inspection fees collected for inspection of the installation of public improvements, before dedication to the Township, shall be determined as provided for in § 250-106K of this chapter and N.J.S.A. 40:55D-53 et seq.
[Added 4-9-2018 by Ord.
No. 2018-10]
(12)
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 authority 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
authority shall not bill the applicant or charge the deposit or the
escrow account for any such services.
B.
Escrow deposits for review of development applications.
(1)
Any applicant for development shall post the following
initial sums to be held in escrow:
[Amended 3-11-2002 by Ord. No. 06-02; 3-12-2012 by Ord. No. 2012-05]
|
Type of Development Application
|
Professional Review Escrow Fee
| ||||
|---|---|---|---|---|---|
|
Minor subdivision
|
$500 per lot
| ||||
|
Major subdivision:
| |||||
|
Preliminary:
| |||||
|
1 to 50 lots
|
$2,500 (1st lot) + $100 each additional lot
up to 50
| ||||
|
51 to 250 lots
|
+ $75 each additional lot over 50 up to 250
lots
| ||||
|
Over 250 lots
|
For all additional lots above 250, $50 per lot
| ||||
|
Final:
| |||||
|
1 to 50 lots
|
$1,250 (1st lot) + $50 each additional lot
| ||||
|
51 to 250 lots
|
+ $37.50 each additional lot over 50
| ||||
|
Over 250 lots
|
+ $25 each additional lot over 250
| ||||
|
Minor site plan
|
$1,000
| ||||
|
Major site plan
| |||||
|
Residential — preliminary
|
$2,500 (1st unit) + plus $100 each additional
unit
| ||||
|
Residential — final
|
$2,500 (1st unit) + $50 each additional unit
| ||||
|
Nonresidential — preliminary
| |||||
|
Less than 1,001 square feet
|
$3,500
| ||||
|
1,002 — 5,001 square feet
|
$4,000
| ||||
|
5,002 — 10,001 square feet
|
$5,000
| ||||
|
More than 10,001 square feet
|
$7,500
| ||||
|
Nonresidential — final
|
$3,000
| ||||
|
General development plan as per N.J.S.A. 40:55D-45.1
| |||||
|
Less than 100 acres
|
$5,000
| ||||
|
100 acres to 1,000 acres
|
$7,500
| ||||
|
1,001 acres and greater
|
$10,000
| ||||
|
Application to revise or amend General Development
Plan
|
$5,000
| ||||
|
Planning permits (pursuant to N.J.S.A. 40:55D-34
and N.J.S.A. 40:55D-35)
|
$1,500
| ||||
|
Appeal (as set forth in N.J.S.A. 40:55D-39a,
Appeal from Administrative Official or Agency)
|
$1,500
| ||||
|
Interpretation (pursuant to N.J.S.A. 40:55D-70b)
|
$1,000
| ||||
|
Conceptual review before Planning Board:
| |||||
|
Proposed small-scale development (less than
10 acres)
|
$1,500
| ||||
|
Proposed large-scale development (more than
10 acres)
|
$3,000
| ||||
|
Yard and bulk variances (pursuant to N.J.S.A.
40:55D-70c)
| |||||
|
Lot variance (application involving only one
lot occupied or to be occupied by only one single-family dwelling)
|
$500
| ||||
|
Application by single- or two-family homeowner
of single lot or bulk variance (homeowner application involving remodeling,
deck, pool, or expansion of existing home)
|
$250
| ||||
|
Use variance
| |||||
|
D variance for floor area ratio, height and/or
density for a single building
|
$750
| ||||
|
All other variances sought under N.J.S.A. 40:55D-70d
|
$2,000
| ||||
|
Resubmission of plans (required for all applications)
|
30% of original escrow fees
| ||||
|
Informal technical review - preapplication:
Unless waived by administrative officer, escrow
fees will be posted as follows:
| |||||
|
Proposed small scale development (less than
10 acres)
|
$1,500
| ||||
|
Proposed large scale development (more than
10 acres)
|
$3,000
| ||||
|
Special meeting fee. If the applicant requests
a special meeting to be scheduled for consideration of an application
and the board grants such request, the following additional amount
shall be deposited to escrow as a condition for holding the said meeting:
| |||||
|
For each special meeting to be deposited within
24 hours of the granting of the request
|
$1,500
| ||||
(2)
An application shall be deemed incomplete if the initial
sums to be deposited in escrow are not posted.
(3)
A developer requesting either a preapplication meeting or concept plan review prior to submitting an application for development shall submit with such request a fee, in addition to that required by § 250-104, in the amount of 30% of the escrow deposit required by this chapter; provided, however, that the combined fee charged under this subsection for a preapplication meeting and a concept plan review in connection with a particular development shall not exceed such 30%. Such fee shall be held in escrow for the uses and purpose described in this § 250-105. The developer shall receive a credit in the amount paid under this § 250-105. The developer shall receive a credit in the amount paid under this subsection against the fee charged for application review escrows at the time of filing its application for development.
(4)
No subdivisions plats or deeds, or site plan, shall
be signed nor shall any zoning permits, building permits, certificates
of occupancy or any other types of permits be issued with respect
to any approved application for development until:
(a)
All bills for reimbursable services have been
received by the municipality from professional personnel rendering
the services in connection with such application;
(b)
Payment of such bills has been approved by the
governing body; and
(c)
The applicant has reimbursed the municipality
for the excess of such bills over the escrow amount otherwise herein
provided for.
(5)
In the event the Planning Office determines that the
amount remaining in the escrow deposit is insufficient to pay for
reasonably anticipated fees and charges of professionals with respect
to pending application or development, the Administrative Officer
or the Chief Financial Officer shall require the applicant to post
additional escrow amount. Said additional amount shall be determined
by the Administrative Officer or the Chief Financial Officer and be
paid by the applicant prior to advancing to the next step in the approval
procedure. The term "next step" shall include in its definition continuance
of hearings before the approving board.
[Amended 2-22-2022 by Ord. No. 2022-04]
C.
Deposits for inspection fees. Any developer shall
post deposits for reasonably anticipated fees to be paid to the Township
Engineer for inspection of improvement as follows:
(1)
Unless the reasonably anticipated fees for inspections
equal or exceed $10,000, the developer shall post all reasonably anticipated
fees for inspection of improvements. Such sums shall be posted as
a condition precedent to the signing of any plans or the issuance
of any permit.
(2)
In the event the reasonably anticipated fees are $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited by a developer shall be
25% of the reasonably anticipated fees. When the balance on deposit
drops to 10% of the reasonably anticipated fees because the amount
deposited by the developer has been reduced by the amount paid to
the Municipal Engineer for inspection, the developer shall make additional
deposits of 25% of the reasonably anticipated fees. The Municipal
Engineer shall not perform any inspection if sufficient funds to pay
for those inspections are not on deposit. In the event an inspection
must be made to protect health or safety for which insufficient sums
are on deposit, the Engineer shall render such inspections and charge
such work against future replenishment of the escrow fund or against
the developer directly.
D.
Financial control and accounting for charges against
escrow deposits.
(1)
Each payment charged to the 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 services performed, the hours spent to 1/3 hour
increments, the hourly rate and the expenses incurred.
(2)
All professionals shall submit vouchers to the Chief
Financial Officer of the municipality on a monthly basis in accordance
with 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.
(3)
If the services are provided by a municipal employee,
the municipal employee shall prepare and submit to the Chief Financial
Officer of the municipality a statement containing the same information
as required on a voucher, on a monthly basis.
(4)
The Chief Financial Officer of the municipality shall
prepare and send to the applicant a statement which shall include
an accounting of funds listing all deposits, interest earnings, disbursements,
and the cumulative balance of the escrow account.
(5)
This information shall be provided on a quarterly
basis, if monthly charges are $1,000 or less, or on a monthly basis,
if monthly charges exceed $1,000.
(6)
If an escrow account or deposit contains insufficient
funds to enable the municipality or approving authority to perform
required application reviews or improvement inspections, the Chief
Financial Officer of the municipality shall provide the applicant
with a notice of the insufficient escrow or deposit balance.
(7)
In order for work to continue on the development or
the application, the applicant shall within a reasonable time period
post a deposit to the account in an amount to be agreed upon by the
municipality or approving authority and the applicant. In the interim,
any required health and safety inspections shall be made and charged
back against the replenishment of funds.
E.
Close-out procedures for escrow deposits.
(1)
The following close-out procedure shall apply to all
deposits and escrow accounts established under the provisions of P.L.
1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) and shall commence after
the approving authority has granted final approval and signed the
subdivision plat or site plan, in the case of application review escrows
and deposits, or after the improvements have been approved as provided
in Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53), in the case
of improvement inspection escrows and deposits.
(2)
The applicant shall send written notice by certified
mail to the Chief Financial Officer of the municipality and the approving
authority, and to the relevant municipal professional, that the application
or the improvements, as the case may be, are completed.
(3)
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.
(4)
The Chief Financial Officer of the municipality shall
render a written final accounting to the applicant on the uses to
which the deposit was put within 45 days of receipt of the final bill.
(5)
Any balances remaining in the deposit or escrow account,
including interest in accordance with Section 1 of P.L. 1985, c. 315
(N.J.S.A. 40:55D-53.1), shall be refunded to the developer along with
the final accounting.
F.
Disputes and appeals.
(1)
An applicant shall notify in writing the governing
body with copies to the Chief Financial Officer, the approving authority
and the professional whenever the applicant disputes the charges made
by a professional for service rendered to the municipality in reviewing
applications for development, review and preparation of documents,
inspection of improvements, or other charges made pursuant to the
provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).
(2)
The governing body, or its designee, shall within
a reasonable time period attempt to mediate any disputed charges.
(3)
If the matter is not resolved to the satisfaction
of the applicant, the applicant may appeal to the County Construction
Board of Appeals established under Section 9 of P.L. 1975, c. 217
(N.J.S.A. 52:27D-127) any charge to an escrow account or a deposit
by any municipal professional or consultant, or the cost of the installation
of improvements estimated by the Municipal Engineer pursuant to Section
15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
(4)
An applicant or his authorized agent shall submit
the appeal in writing to the County Construction Board of Appeals.
The applicant or his authorized agent shall simultaneously send a
copy of the appeal to the municipality, approving authority, and any
professional whose charge is the subject of the appeal.
(5)
An applicant shall file an appeal within 45 days from
receipt of the informational copy of the professional's voucher required
by Subsection c of Section 13 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.2),
except that if the professional has not supplied the applicant with
an informational copy of the voucher, then the applicant shall file
his appeal within 60 days from receipt of the municipal statement
of activity against the deposit or escrow account required by Subsection
c of Section 13 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.2).
(6)
An applicant may file an appeal for an ongoing series
of charges by a professional during a period not exceeding six months
to demonstrate that they represent a pattern of excessive or inaccurate
charges. An applicant making use of this provision need not appeal
each charge individually.
(7)
The contract between Old Bridge Township and any outside
professional employee who will be paid from developer's escrows shall
contain provision requiring reimbursement to the municipality in the
event such fees are successfully challenged.
(8)
In the event an applicant disputes any unpaid charge
against any escrow account for professional fees or expenses, the
professional must justify the reasonableness of such fees and charges
to the Chief Financial Officer in order that he pay it.
[Amended 2-21-1995 by Ord. No. 5-95; 4-9-2018 by Ord. No. 2018-10]
A.
Performance guarantee. As a condition of granting final approval of a subdivision or site plan, the approving board shall require for the purpose of assuring the installation and maintenance of public improvements the furnishing of a performance guarantee in favor of the Township in an amount not to exceed 120% of the cost of installation to be determined by the Township Engineer as set forth in Subsection D of this section, for improvements to be dedicated to the Township, as shown on the approved plans or plat, including streets, pavement, gutters, curbs, sidewalks, street lighting, 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.),[1] water mains, sanitary sewers, community septic systems,
drainage structures, public improvements of open space, and any grading
necessitated by the preceding improvements, as well as privately owned
perimeter buffer landscaping as required by ordinance or imposed as
a condition of approval for each section or phase of development.
(1)
At the developer's option, a separate performance guarantee
may be posted for the privately owned perimeter buffer landscaping.
(2)
In the event that a 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 "temporary certificate
of occupancy guarantee" in compliance with the provisions of N.J.S.A.
40:55D-53(1)(c) et seq. The municipal official designated to administer
this provision of this section is the Township Engineer.
(3)
Should a successive developer request 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,
as a condition of such permit update, the new owner shall provide
replacement performance guarantees, safety and stability guarantees
and/or maintenance guarantees as applicable to the then current stage
of development.
[1]
Editor's Note: N.J.S.A. 46:23-9.7 to 46:23-9.16 were repealed
by L. 2011, c. 217, § 2, effective 5-1-2012. See now N,J.S.A.
46-26B-1 et seq.
B.
Safety and stabilization guarantee. The developer shall furnish to
the Township a safety and stabilization guarantee to be available
to the Township 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 in compliance with the provisions of N.J.S.A. 40:55D-53(1)(d)
et seq. and as follows:
(1)
At the developer's option, the safety and stabilization guarantee
may be provided as a separate guarantee or as a line item in the performance
guarantee.
(2)
The amount of the safety and stabilization guarantee shall be
as follows: for bonded improvements in an amount not exceeding $100,000,
the guarantee shall be $5,000. The amount of the safety and stabilization
guarantee for a development with bonded improvements exceeding $100,000
shall be calculated as a percentage of all the bonded improvements,
or applicable phase or stage of development as follows: $5,000 for
the first $100,000 of bonded improvements plus 2.5% of bonded improvement
costs in excess of $100,000 up to $1,000,000 plus 1% of bonded improvement
costs in excess of $1,000,000.
C.
Maintenance guarantee. As a condition precedent to the issuance of
a zoning permit, the approving board shall require the furnishing
of a maintenance guarantee to be posted with the governing body as
provided for herein. Upon final acceptance of the improvements by
the Municipal Engineer consistent with the procedures as outlined
in this section and before the release of the performance guarantee
by the governing body, the developer shall post a maintenance guarantee
with the Township in the amount of 15% of the costs of the installation
of the public improvements which are being released. The developer
shall also post a maintenance guarantee in an amount not to exceed
15% of the costs of the installation of the following private site
improvements: stormwater management system, inflow and water quality
structures within the basins, and the outflow pipes and structures
of the stormwater management system, if any. Said maintenance guarantee(s)
to run for a period of two years after release of the performance
guarantee of the improvements if such are dedicated to the public
or the date of approval by the Township Engineer if private improvements.
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 maintenance guarantee to another governmental agency,
no maintenance guarantee shall be required by the municipality for
such utilities or improvements. Cash cannot be required as any part
of such maintenance guarantee by the approving board, though the developer
at its option may so provide all or a portion in cash.
D.
The cost of installation of improvements for the purposes of Subsection A, B and C of this section shall be estimated by the Township Engineer based on documented construction costs for the public improvements prevailing in the general area of the municipality. The developer may appeal the Township Engineer's estimate to the governing body. The governing body shall decide the appeal within 45 days of receipt of the appeal in writing by the Municipal Clerk. After the developer posts a guarantee with the municipality based upon the cost of the installation of improvements as determined by the governing body, he may institute legal action within one year of the posting in order to preserve the right to judicial determination as to the fairness and reasonableness of the amount of the guarantee. The approving board shall, in addition to other acceptable forms of surety, accept performance guarantee, temporary certificate of occupancy guarantee, safety and stability guarantee and maintenance guarantee which is an irrevocable letter of credit if it:
(1)
Constitutes an unconditional payment obligation of the issuer
running solely to the Township for an express initial period of time
in the amount determined pursuant to this section;
(2)
Is issued by a banking or savings institution authorized to
do and doing business in this state;
(3)
Is for a period of time of at least one year; and
(4)
Permits the Township to draw upon the letter of credit if the
obligor fails to furnish another letter of credit which complies with
the provisions of this section within 30 days or more in advance of
the expiration date of the letter of credit or such longer period
in advance thereof as is stated in the letter of credit.
E.
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 for such utilities or improvements.
F.
The time allowed for installation of improvements for which the performance guarantee has been provided may be extended by the governing body by resolution. As a condition or as a 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 costs of the installation, which costs shall be determined by the Township Engineer as set forth in Subsection D of this section as of the time of passage of the resolution. Also as a condition of such extension the safety and security guarantee, and any temporary certificate of occupancy guarantee, shall be increased or reduced as applicable.
G.
If the required improvements are not completed or corrected in accordance
with the performance guarantee, the safety and stabilization guarantee,
or the temporary certificate of occupancy guarantee, the obligor and
surety, if any, shall be liable thereon to the Township for the reasonable
cost of the improvements not completed or corrected, and the Township
may, either prior to or after receipt of the proceeds thereof, complete
such 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 (N.J.S.A. 40A:11-1 et seq.).
H.
Review and recommendations of Township Engineer.
(1)
Upon substantial completion of all required street improvements (except for the top course), appurtenant utility improvements, and the connection of the same to the public system, the obligor may request of the governing body, in writing, by certified mail addressed 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 Subsection A of this section. The request shall indicate which improvements have been completed and which remain uncompleted in the judgment of the obligor. Thereupon the Township Engineer shall inspect all improvements covered by the 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 no later than 45 days after receipt of the obligor's request.
(2)
The list prepared by the Township Engineer 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 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 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 Subsection A of this section.
I.
Action of 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 Subsection A of this section. The resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from liability pursuant to its performance guarantee and safety and stability guarantee for the 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 and safety and stability guarantee posted may be retained to ensure completion of all improvements. Failure of the governing body to send or provide such notification of passage of such resolution 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 all liability pursuant to such performance guarantee for such improvements.
(1)
If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection H of 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 Township Engineer to provide the list and report within a stated time, and the costs of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party. 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 and safety and security 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 and safety and stability guarantees for the approvable complete and satisfactory improvements in and approval of a reduction in the performance and safety and stability guarantees with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to this section, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(2)
In the event that the obligor has made a cash deposit with the
Township 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 security
guarantee, the Township may retain such cash equal to the amount of
the remaining safety and security guarantee.
J.
If any portion of the required improvements is rejected, the approving
board 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.
K.
The obligor shall reimburse the Township for reasonable inspection fees paid to the Township Engineer for foregoing inspections of improvements, provided that the Township may require of the developer a deposit for the inspection fees in the amount, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements subject to a performance guarantee as determined pursuant to Subsection D of this section and N.J.S.A. 40:55D-53(3)(h) et seq. Further, the Township may also require an escrow fee not to exceed 5% of the costs of the private site improvements that are not subject to the performance guarantee.
(1)
If the Township determines that the amount in escrow for the
payment of inspection fees, as calculated pursuant to N.J.S.A. 40:55D-53,
is insufficient to cover the costs of additional required inspections,
the Township may require the developer to deposit additional funds
in escrow, provided that the Township delivers to the developer a
written inspection escrow deposit request, signed by the Township
Engineer, which informs the developer of the need for the additional
inspections, details the items undertakings that require inspection,
estimates the time required for those inspections and estimates the
cost for performing those inspections.
L.
In the event that final approval is by stages or sections of development
pursuant to N.J.S.A. 40:55D-38a, the provisions of this section shall
be applied by stage or section.
M.
Prior to the release or reduction of any performance guarantee, the
developer shall notify affected owners of property in accordance with
this subsection. The developer shall cause to be published a notice
of public hearing in a newspaper circulated within the Township of
Old Bridge, said publication to be at least 20 days prior to the date
of the proposed requested, or by personal service upon all owners
of land within the development and upon all owners of land which has
contiguous borders to the development. The notice shall state that
there will be a public hearing concerning the release or reduction
of performance guarantees concerning the said development. The developer
shall also send certified mail and regular mail notice to the homeowners'
association. The aforesaid certified mail notification to owners of
land and the homeowners' association shall be served not less than
20 days prior to the scheduled hearing. The notice shall be on a form
provided by the Township Clerk. Any person noticed in accordance with
this chapter shall submit his (or her) comments, in writing, to the
Township Clerk, at least 12 days prior to the proposed hearing, as
well as true copies of the same to the Township Engineer and applicant.
As soon thereafter as is practicable, the Township Engineer shall
inspect the improvements which are the subject of written public comment.
Generally any person who receives actual notification of the hearing
to reduce or release performance guarantees must file written public
comment to be heard at the hearing. The Council President, in his
sole discretion, may choose to recognize any person at the hearing,
even if no written comments were submitted by said person at least
12 days prior to the hearing. The Council shall hold a public hearing
as set forth in the notice and shall afford members, affected owners
and the public the right to speak with regard to the final release
or reduction of such performance guarantee.
N.
No reduction in the amount of any performance guarantee shall be
granted notwithstanding the installation of improvements, unless the
amount of performance guarantee held by the Township is at least 120%
of the current cost of installing all remaining improvements for which
the performance guarantee was originally posted. The Township Council
shall hold only so much of the performance guarantee as is necessary
to assure completion of the required improvements in an amount equal
to 120% of the current cost calculated by the Township Engineer.
O.
Should the hearing be adjourned to a new date at the applicant's
request, notice of such adjournment shall be given by public announcement
on the hearing date and by newspaper advertisement and by regular
and certified mail service to any homeowners' association. Such newspaper
advertisement shall not be on less than five days' notice. At the
discretion of the Township Council, it may require notification by
certified or regular mail of any adjournment requested by the applicant.
If the Township has requested the adjournment, the Township Clerk
shall cause the newspaper advertisement to be published in the official
Township newspaper.
A.
In general.
(1)
Pursuant to N.J.S.A. 40:55D-42, an applicant is required
to pay, prior to the granting of final subdivision or site plan approval
by the approving board, a pro rata share of the cost of providing
reasonable and necessary street improvements and water, sewerage and
drainage facilities, and easements therefor located outside the property
limits of the development in an amount determined hereunder.
(2)
The methodology, except for trip generating factors
and facility improvement costs, contained in a document entitled "Methodology
for Off-Tract Pro-Rata Analysis for the Township of Old Bridge," by
Louis Berger Associates, August 1980, as revised, is hereby declared
to be expressly incorporated herein and made part of this chapter.
A copy of this document is available for inspection in the office
of the Township Engineer.
(3)
Trip generating factors and facility improvement costs
are variables which require periodic adjustments as improvements are
installed or as costs change and are not incorporated herein. The
Township Engineer shall revise these factors and submit yearly a report
to the Planning Board for its review and the approval of the governing
body.
B.
Drainage pro rata share.
(1)
The drainage pro rata share is intended to apportion
the costs of improving culverts and cleaning stream channels in relation
to the degree to which a specific development causes the existing
culverts and stream channels to become over utilized.
(2)
For purposes of this Subsection B, "pro rata share" is defined as the sum of labor, material and engineering design costs needed to increase the capacity of particular culverts above the level needed to accommodate existing development. Labor and material cost for cleaning that portion of the stream channel within the drainage area of any one culvert is included. Pro rata share shall vary with the size and the type of the proposed development, the total amount and type of development within a particular culvert's drainage area and the number of culverts downstream of the proposed development.
(3)
A particular developer's pro rata shall be calculated
in accordance with the following formula:
|
Pro Rata Contribution = (Acres of Land Type)
(Runoff Weight for Land Type)
| |
|
The sum of all weighted acres for all developable
undeveloped land types upstream of the first affected culvert = Cost
of Improvement to First Affected Culvert (Acres of Land Type) (Runoff
Weight for Land Type)
| |
|
The sum of all weighted acres for all developable
undeveloped land upstream of the second affected culvert = Cost of
Improvement to Second Affected Culvert (Acres of Land Type) (Runoff
Weight for Land Type)
| |
|
The sum of all weighted acres for all developable
undeveloped land types upstream of the third affected culvert = Cost
of Improvement to Third Affected Culvert (Acres of Land Type) (Runoff
Weight for Land Type)
| |
|
The sum of all weighted acres for all developable
undeveloped land types upstream of the last affected culvert = Cost
of Improvements to Last Affected Culvert.
|
C.
Transportation pro rata share.
(1)
The transportation pro rata share is intended to apportion
the cost of making roadway improvements, the need for which is caused
by new development. The amount of contributions of a new development
is determined in relation to its absolute size and the relative amount
of trips produced by the development type.
(2)
For purposes of this Subsection C, "pro rata share" is defined as the sum of base cost and adjusted base cost. Base cost consists of the land, labor, material and engineering design costs associated with the construction and/or installation of all traffic improvements needed to increase the capacity of the Township roadways to handle the traffic volumes which will be generated by new developments. Adjusted base cost is the product of the base cost minus the value of benefits accruing to existing property owners by virtue of the proposed traffic improvements.
(3)
Pro rata share shall be calculated in accordance with
the following formula:
|
Pro Rata Contribution
|
=
|
(Number of Units of Land Type)
(Trip Factor for Land Type) Total trips produced
by all currently vacant developable land in the district
| |
|---|---|---|---|
|
Adjusted base cost of all traffic improvements
in the district.
| |||
D.
Developer's agreements.
(1)
Where approval is conditioned on provision by the
applicant of his pro rata share for off-tract improvements necessitated
by his development, the board shall require the applicant to enter
into a developer's agreement with the Township, setting forth:
(2)
A developer's agreement, as described above, may be
either negotiated between the board and the applicant at the hearing,
or the board may make the entering into of such an agreement a condition
of the applicant's approval, and delegate the responsibility for drafting
and negotiating same to the approving board attorney.
(3)
In all cases, the developer's agreement must be reviewed
and approved by both the Township Engineer and the approving board
attorney.
[Added 8-14-2006 by Ord. No. 39-2006]
The Township may by resolution exempt any charitable,
philanthropic, fraternal or religious nonprofit organization holding
a tax-exempt status under the Federal Internal Revenue Code of 1954
from the payment of any fee charged under the Township of Old Bridge
Land Development Ordinance, provided the organization is seeking an
application for development of property owned by the Township of Old
Bridge.
