Township of Rochelle Park, NJ Article VI Administration, Enforcement and Fees

§ 185-42 Administration and enforcement.

A. Administrative officer: receiving applications for development; issuing approval certificates. The administrative officer, for the purpose of the enforcement of this chapter, shall be the Zoning Officer, who is hereby given the duty, power and authority to respectively enforce the provisions of this chapter under the applicable powers and authority as provided by law. The Zoning Officer shall examine all applications under his or her jurisdiction and shall approve all required inspections to ensure compliance with this chapter.

B. Administration.

[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No. 1038-11]

(1) Subdivisions. Any owner of land lying within the Township shall, prior to subdividing or resubdividing of land as defined in this chapter and before conveying legal or equitable title to such subdivision or any part thereof, apply to the Planning Board for review and approval of the subdivision plat pursuant to the provisions of this chapter.

(2) Site plan. Prior to the issuance of any construction permit or certificate of occupancy, as the case may be, for any new structure or addition to an existing structure, a site plan shall be submitted to the Planning Board or to the Board of Adjustment as provided by statute, for its review and approval.

(3) Change in tenancy or occupancy. Prior to the issuance of any construction permit, certificate of occupancy or zoning permit, as the case may be, in the event of any change in tenancy, any change in occupancy or any change in commercial development other than business or professional offices (NOTE: The Zoning Officer shall make a determination as to whether the proposed use is an exempted business or professional office use that is not required to make an application to the Planning Board.), a site plan application must be filed and same must be approved at a hearing before the Planning Board at which a representative of the tenant or occupant must appear to offer testimony. A site plan application must be filed with the Planning Board for approval, including, but not limited to, when one or more of the following changes occur or are proposed:

[Added 7-27-2022 by Ord. No. 2022-013]

(a) Changes in one permitted use category to another permitted use category, including retail sales, retail services, banks and financial institutions, restaurants and any other use category other than exempt business and professional offices (NOTE: The Zoning Officer shall make a determination as to whether the proposed use is an exempted business or professional office use that is not required to make an application to the Planning Board.);

(b) Changes in parking for any permitted use category, including retail sales, retail services, banks and financial institutions, and restaurants;

(c) Changes in lighting;

(d) Changes in drainage;

(e) Changes in signage;

(f) Changes in exterior facades;

(g) Changes in size or location of windows and doors;

(h) Combining or subdividing interior spaces;

(i) Changes in garbage or recycling;

(j) Changes in pedestrian or vehicular circulation; or

(k) Changes in driveways or sidewalks.

C. Enforcement. The rules, regulations and standards contained in this chapter shall be considered the minimum requirements for the protection of the public health, safety and welfare of the citizens of the Township. Any action taken by the Township under the terms of this chapter shall give primary consideration to the purposes and provisions of this chapter and to the welfare of the entire community. Moreover, if an applicant or his agent can clearly demonstrate that, because of the peculiar conditions pertaining to his land, the literal enforcement of one or more of these regulations is impractical or will exact undue hardship, the appropriate municipal agency may permit such exceptions or exceptions as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter.

§ 185-43 Enforcement officer.

A. It shall be the duty of the Zoning Officer to administer and enforce the provisions of this chapter and, in so doing, to inspect periodically the structures and land in the Township, to investigate violations of the chapter coming to his attention, to serve notice upon property owners to abate any condition found to exist in violation of any provision(s) of this chapter, to sign complaints where justified and to cooperate with other Township officials in the prosecution of violators. The enumeration herein of the duties of the Construction Code Officer and Zoning Officer shall not mean that other officials and employees shall be relieved of their obligation to enforce this chapter. The Construction Code Enforcement Official and Zoning Officer or other Township employees authorized by the Township shall have the right to inspect any lot or building at reasonable times for the purpose of investigating possible violations of this chapter.

B. If the Zoning Officer finds any substantial deviation from any approved plans, he shall notify the permittee and the Township Clerk in writing of the deviation. The Zoning Officer and the Township may take such action as is provided in this chapter.

§ 185-44 Construction permits and plans; certificates of occupancy.

A. No construction permit and no certificate of occupancy shall be issued by the Zoning Officer except upon application therefor in conformity with all the provisions of this chapter. No sign erection permit shall be issued by the Zoning Officer except on application therefor in conformity with the terms of this chapter.

[Amended 10-16-2002 by Ord. No. 867-02]

(1) Submission of surveys. In order to obtain a construction permit for any residential construction, the applicant must first provide a plot plan showing the location and configuration of the dwelling as well as its height. Thereafter, upon completion of foundation, an additional survey, showing the location of the foundation, shall be submitted to the Building Department prior to commencement of the next phase of construction. Thereafter, upon completion of framing, an additional survey shall be submitted to the Building Department showing the status of construction, including height. All surveys submitted in accordance with the provisions of this subsection shall be signed and sealed by a licensed surveyor or engineer.

B. Certificates of occupancy. No land shall be occupied or used and no buildings hereafter erected, altered or changed in tenancy, use or ownership shall be occupied, in whole or in part, until a certificate of occupancy shall have been issued by the Construction Official.

(1) A temporary certificate of occupancy may be issued to a holder of a permit prior to completion of construction, provided that such occupancy shall not endanger life or public welfare and not until all required utilities, including but not limited to water, sewer, electric and fuel, are installed and in service.

(2) A posting of a bond to insure the completion of the work pursuant to other applicable laws and ordinances may be made a condition for a temporary certificate of occupancy.

(3) Written application shall be made by the owner or his agent for a certificate of occupancy when all requirements of a construction permit are met or, in the case of reoccupancy or change in ownership, when it is established after general inspection of the visible parts of the premises and investigation of available municipal records that no violations of the Uniform Construction Code or Zoning Ordinances of the Township of Rochelle Park have been found and that no unsafe conditions shall exist.

C. The duties of the Construction Code Official are hereby amended as more specifically set forth in Article VII, Development Review Procedures, § 185-53, General procedures for site plan and subdivision review.

[Added 2-21-2001 by Ord. No. 82-01]

D. No construction permit and no certificate of occupancy shall be issued by the Construction Official, Zoning Officer or Building Inspector unless a certification is filed, signed by the preparer of the plans and the property owner that the plans submitted for such action are the same plans as those which were approved by the Zoning Board of Adjustment or Planning Board if such approval was required and granted.

[Added 7-16-2008 by Ord. No. 988-08; amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No. 1038-11]

§ 185-45 Stop orders and construction permit revocations.

A. Stop orders. In the event that a permittee shall fail to comply with any condition or regulation or provisions of an approved plan, the Township Engineer or the Zoning Officer may issue a stop order on all construction work within the area encompassed by the approved plan and which order may include requirements for the prompt correction of adverse conditions. Thereafter, no construction work of any type shall be performed within the area of the approved plan except such work as is in accordance with the requirements of the Township official as set forth in said order or in accordance with the approved plan.

B. Permit revocation. In the event of a failure to comply with any condition of an approved soil erosion and sediment control plan or tree removal plan, upon recommendation of the Township Engineer or Zoning Officer, the Township may revoke any construction permit for any property upon which such noncompliance occurs or for any property affected by such noncompliance. The Township may also seek to enjoin the violation or take such other steps as permitted by law.

C. Revocation of construction permit or certificate of occupancy. In the event of a failure to comply with any condition of final site plan approval, the Zoning Officer or Township Engineer, on his or her initiative, may revoke the construction permit or certificate of occupancy, as the case may be, and seek to enjoin the violation or such other steps as permitted by law.

§ 185-46 Violations and penalties. [1]

A. If any person violates any of the provisions of this chapter or who fails to comply with any of the requirements thereof or who erects, raises, moves, extends, enlarges, alters or demolishes any structure in violation of any detailed statement or plan submitted hereunder or who puts into use any lot or premises in violation of any detailed statement or plans submitted hereunder or who refuses reasonable opportunity to inspect any premises shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be liable to a fine of not more than $1,000 or to imprisonment for a term of not more than 90 days, or both, as such court in its discretion may impose. Each day during or on which a violation occurs or continues shall be deemed a separate offense.

B. 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 for which municipal approval is required, such persons shall be subject to a penalty not to exceed $1,000 and each lot disposition so made may be deemed a separate violation.

C. In addition, the Township may institute and maintain a civil action:

(1) For injunctive relief;

(2) To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56, 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.

[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No. 1038-11]

D. 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.

[1] Editor’s Note: See also Ch. 1, Art. II, General Penalty.

§ 185-47 Fees.

[Amended 4-20-2005 by Ord. No. 924-05; 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No. 1038-11]

Fees for applications or for the rendering of any services by the Planning Board or Zoning Board of Adjustment or any member of their administrative staffs which are not otherwise provided by this chapter may be provided for and adopted as part of the rules of the Board, and copies of said rules or of the separate fee schedule shall be available to the public.

A. General.

(1) Every application for development shall be accompanied by a payment of a fee in accordance with a schedule hereinafter set forth. The application charge is a flat fee to cover direct administrative expenses and is not refundable.

(2) Where one application for development includes several approval requests, the sum of the individual required fees shall be paid.

(3) No fees shall be returned to the applicant after public hearing has commenced.

(4) If any applicant desires a court reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript for the Board hearing the application shall be at the expense of the applicant, who shall arrange for the reporter's attendance.

(5) Schedule of fees to be paid at the time of the filing of the application:

[Amended 12-16-2020 by Ord. No. 1172-20]

ZONING BOARD

	Description/Application	Fee
	Secretary/administrative fee (all applications except single-family owner-occupied dwellings)	$100
	Use in accordance with N.J.S.A. 40:55D-10(d)	$400 plus secretary fee
	Interpretation in accordance with N.J.S.A. 40:55D-70(c)	$400 plus secretary fee
	All other variances, appeals, conditional uses, amendments or applications to the Zoning Board	$200 plus secretary fee
	Notwithstanding the above, any variance applications other than use, conditional use or interpretations that pertain to single-family owner-occupied residences shall have a $150 filing fee and no secretarial/administrative fees shall be charged
	Resolution preparation fee - Board Attorney	$375*
	PLANNING BOARD
	Description/Application	Fee
	Secretary/administrative fee (all applicants except single-family owner-occupied dwellings)	$100
	Minor site plan approval, tenant review (§ 185-104)	$200 plus secretary fee
	Minor subdivision (two lots)	$200 plus secretary fee
	Major subdivision (more than two lots)	$400 plus secretary fee
	Site plan approval	$200 plus secretary fee
	All other appeals, interpretations, preliminary plans, concept review, amendments or other applications to the Planning Board	$200 plus secretary fee
	Resolution preparation fee - Board Attorney	$375*

*This is a minimum resolution preparation fee for all applications other than change in tenancy applications as set forth in § 185-49A(1)(a). If the actual fee exceeds this amount it shall be charged against the applicant's professional escrow deposit.

B. Resolution, publication and copy fees. In addition to application fees, applicants or appellants to the Planning Board, Zoning Board of Adjustment or Township Committee shall pay the following fees:

(1) Copy of decision (resolution) per page or part thereof: $1.

(2) Publication in newspaper of notice of hearing and notice of final decision: cost of publication.

(3) Copies of minutes of meetings, per page or part thereof: $1.

(4) Copies of rules and regulations, per page or part thereof: $1.

(5) Copies of transcript or duplicate of recording of proceedings: cost.

(6) Copies of notices of all meetings, annual fee: $20.

C. Inspection fees.

(1) In addition to the fees set forth for the review of subdivision plans and site plans, there shall also be an inspection fee of 2.5% of the estimated cost of improvements on site plans and an inspection fee of 5% of the estimated cost of the improvements for subdivision as estimated by the Township Engineer and payable at the time of the commencement of construction. This charge shall be for the purpose of defraying the costs of inspections of the installation of the improvements required by the Planning Board.

(2) All permits, determinations, resolutions or certificates of approval are subject to the payment of all fees required in this section.

(3) All applicants or appellants other than a department, board or agency of the Township shall pay the applicable fees unless such fee is specifically waived by the Township Council. Such waivers shall only be considered for nonprofit organizations.

D. Special meetings.

(1) In the event that any development application requires more than two hearings or should an applicant request and be granted a special meeting date, the Board shall charge the applicant a special meeting fee in the amount of $1,000 plus an amount equal to the fee or fees which the Board pays to its attorney, secretary and other professional advisors who attend the meeting. The cost of these services shall be charged against the initial deposit and such other additional deposit posted by the applicant.

(2) In the event that a development application requires more than two (2) regular meetings, the Board, at its discretion, may hold a special meeting in order to complete the application.

§ 185-48 Appeals.

A. General. Any person aggrieved by any decision or action of the Zoning Officer or the Township Engineer under this chapter may appeal to the Township Committee in writing, such appeal to be filed with the Township Clerk within 10 days from the date of the decision or action complained of. The appellant shall be entitled to a hearing before the Township Committee, which shall fix a date therefor not less than 20 days nor more than 30 days from the date of the decision appealed from. Upon such hearing or within 10 days thereafter, the Township Committee shall affirm, alter or rescind the decision or action complained of with written findings and conclusions.

B. Appeal. Where the Zoning Officer or the Township Engineer has issued a stop order or has revoked a construction permit, the permittee shall have a right to appeal the determination to the Township Committee. Said notice of appeal shall be filed with the Township Clerk within 10 days of the date of the action of the Township Engineer or the Zoning Officer in issuing the stop-work order or revocation of the construction permit. The Council shall, upon receipt of said notification, provide a hearing to the permittee within 10 days of the date of the filing of the appeal and shall render its decision upon the conclusion of the hearing and in no case later than seven days from termination of the hearing.

§ 185-49 Payment for professional services; escrow deposits.

In addition to the filing fees and any other fees or payments required by this chapter, the applicant for any development application, appeal or other matter pursuant to this chapter shall be responsible to reimburse the Township for payments made to professionals for services rendered to the Township related to such application, appeal or other matter. The following provisions shall apply to such payments:

A. Initial deposits for professional services. The following escrow fees shall be collected by the Secretary at the time of the filing of the application. These fees are to be applied for the review of applications by the professional staff/consultants and shall include all office review, phone correspondence, preparation of reports, conferences, appearance at meetings or other purposes under the provisions of this chapter or the Municipal Land Use Law. For purposes of this section, professional staff shall include the Township Attorney, Township Planner and Township Engineer and such other professionals as may be deemed necessary by the Planning Board or the Zoning Board of Adjustment to review an application. Deposits shall be paid by personal check, certified check, cashier's check or bank money order. In the case of proposals requiring a combination of approvals, such as subdivision, site plan and/or variance(s), the applicant shall deposit an amount equal to the sum of the deposits required for each application. In the event that there is no new schedule of fees filed by the professionals, the schedule previously filed by the professional shall prevail.

[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No. 1038-11]

(1) Professional escrow for applications before the Planning Board:

[Added 4-22-2020 by Ord. No. 1164-20]

(a) Applications for change in tenancy: $300.

(b) All other applications: $5,000.

(c) Residential applications. In the event that professional services are required, including services of the Board Engineer, the applicant shall post an escrow in the amount of $1,000 prior to the performance of any such services by the Board professionals.

[Added 12-16-2020 by Ord. No. 1172-20]

(2) Applications before the Zoning Board of Adjustments.

[Added 4-22-2020 by Ord. No. 1164-20]

(a) All commercial applications: $10,000. NOTE: Zoning Board, in consultations with the Zoning Board Attorney, Board Engineer and Building Department, may reduce this initial escrow amount to not less than $5,000 based upon a review of the application and other submissions by the applicant.

(b) Residential applications. In the event that professional services are required, including services of the Board Engineer, the applicant shall post an escrow in the amount of $1,000 prior to the performance of any such services by the Board professionals.

[Added 12-16-2020 by Ord. No. 1172-20]

B. Subsequent deposits for professional services. In the event that the amount in the individual account for professional services should become depleted to less than 25% of the initial deposit required by this chapter and if the Secretary determines that additional funds are necessary to cover the cost of processing said application, the Secretary shall notify the applicant immediately of such depletion. Upon receiving such notice, the applicant shall deposit additional funds as necessary to make the amount in the account not less than 50% of the initial deposit required by this chapter for professional services.

C. Failure to maintain deposit for professional services. If the required funds for professional services are not deposited in a timely manner, the Secretary shall notify the Township agency having jurisdiction over the application and shall send copies of said notification to the Township Finance Director. Upon receipt of the copy of notification, the Finance Officer shall immediately inform the Township Committee of said notification. No further action shall be taken on the application unless the deposits have been made by the applicant as required above. In the event that the time for action by a Township agency as required by this chapter shall expire prior to the payment of the required deposits, the reviewing agency shall have the option of dismissing the application.

D. Vouchers for payment of professional services. All payments charged to a deposit required by this section shall be made pursuant to written monthly vouchers for each application from the professional(s) stating the hours spent, the hourly rate and the expenses incurred. The Township shall render a written final accounting to the applicant on the uses to which the deposit was put.

E. Procedure for payment of vouchers; appeals of charges. The following procedure shall apply to the payment of vouchers for professional services pursuant to this section:

(1) Upon receipt of any vouchers for payment of professional services, the Secretary shall submit a copy of said voucher to the applicant.

(2) Within 14 days of the mailing of said vouchers, the applicant may request in writing a hearing on the reasonableness of the charges contained in said vouchers. Any such hearing shall be held by the Township agency with jurisdiction over the application.

(3) In the event the applicant requests such hearing, no payments shall be made pursuant to the disputed voucher(s) until the Township agency shall have ruled on the appeal. If the Township agency find in favor of the applicant, payment pursuant to said voucher(s) shall be adjusted accordingly.

(4) All vouchers for payment of professional services pursuant to this section shall be submitted to the Township agency for whom the services were performed. The Township agency shall at a public hearing approve or deny payment of the vouchers. No voucher shall be denied payment without giving the professional submitting the voucher an opportunity to be heard concerning the reasonableness of said voucher.

(5) If no hearing is requested as outlined above or if the Township agency finds in favor of the professional, payment shall be made pursuant to the voucher.

(6) If approved by the Township agency, the voucher shall be directed to the Township Finance Director for reimbursement to the professional for services rendered.

F. Unpaid fees establishes liens. Any professional or consultant fees incurred as part of site plan or subdivision approval shall become a lien upon the subject property and shall remain as such until paid directly or satisfied by payment from escrow accounts. Any professional or consultant vouchers which remain unpaid for 30 days or which cannot be satisfied from existing escrow accounts shall be certified by the Administrator to the Township Assessor and Tax Collector. The sums shall be levied and collected at the same time and in the same manner as Township taxes. All such moneys received by the collector shall be paid over to the Administrator to be applied only to the purposes for which they were levied.

G. In addition to the lien described in the preceding subsection, in the event that any escrows, professional fees of other fees charged are unpaid as of the date on which any approval resolution is scheduled for memorialization, the Board shall postpone memorialization of the approval resolution until such time as all fees are paid. The payment of any and all outstanding professional fees and escrows shall also be a condition which must be satisfied prior to the issuance of any final certificate of occupancy or closure of any open permits in connection with the subject property.

[Added 12-16-2020 by Ord. No. 1172-20]

§ 185-50 Performance and maintenance guaranties.

A. Before execution of the final subdivision plat, as a condition of final site plan approval or as a condition to the granting of a development approval pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall have installed all improvements required by the Planning Board, except that the Township Committee may require and shall accept in accordance with the standards adopted herein for the purpose of assuring the installation and maintenance of on-tract improvements, the following:

[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No. 1038-11]

(1) The furnishing of a performance guaranty in favor of the Township in an amount not to exceed 120% of the cost of installation for all improvements not installed prior to final approval.

(2) A maximum of 10% of the total guaranty required shall be in cash. All of the improvements shall be subject to inspection and approval by the Township Engineer who shall be notified by the developer at least 48 hours prior to the start of the construction. No underground installations shall be covered until inspected and approved.

B. Provision for a maintenance guaranty to be posted with the Township Committee for a period not to exceed 2 years after final acceptance of the improvements, in an amount not to exceed 15% of the cost of the improvement.

C. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by the Township Committee by resolution. As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of installation as determined as of the time of the passage of the resolution.

D. If the required improvements are not completed or corrected in accordance with the performance guaranty, 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 the receipt of the proceeds thereof complete such improvements.

E. 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 Township Committee in writing, by certified mail, that the Township Engineer prepare, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to Subsection A of this section, a list of all uncompleted or unsatisfactory completed improvements. A copy of the request shall be sent to the Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Township Engineer shall inspect all improvements covered by the request and shall file a written list and report with the Township Committee, with a copy to the obligor, not later than 45 days after the receipt of the obligor's request.

(1) 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 of each completed improvement determined to be unsatisfactory or the nature and extent of and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory.

(2) The report shall also identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guaranty relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to Subsection A of this section.

F. The Township Committee, 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 and shall approve and authorize the amount of reduction to be made in the performance guaranty relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer. This 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 Township Committee, the obligor shall be released from all liability pursuant to its performance guaranty, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion and acceptability of all improvements. In the event that the obligor has made a cash deposit with the Township or approving authority as part of the performance guaranty, then any partial reduction granted in the performance guaranty 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 guaranty.

G. If any portion of the required 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.

H. Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination or lack of a determination of the Township Committee or the Township Engineer.

I. The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements, provided that the Township may require of the developer a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4). For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% 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 Township Engineer for inspection, the developer shall deposit the remaining 50% of the anticipated inspection fees. For those developments for which 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 Township Engineer for inspection, the developer shall make additional deposits of 25% of the reasonably anticipated fees. The Township Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.

J. In the event that final approval is by stages or sections of development pursuant to Subsection 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.

K. To the extent that any of the improvements have been dedicated to the Township on the subdivision plat or site plan, the Township Committee shall be deemed, upon the release of any performance guaranty required pursuant to Subsection A of 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 Township Engineer.

L. Building permits in a subdivision or site plan or approved subsection thereof, except for model buildings in the first subsection, will be issued only when all improvements, with the exception of the following, shall have been installed to serve all lots and structures within the subdivision or site plan or approved subsection thereof and approved by the Township Engineer:

(1) The final bituminous surface course of streets;

(2) Street signs;

(3) Dry wells and swales as may be required;

(4) Monuments;

(5) Shade trees;

(6) Sidewalks; and

(7) In the case of site plans only, landscaping.

M. Permits for model buildings in the front subsection or 10% of the total number to be built in said subsection, whichever is less, not to exceed six, may be issued on commencement of construction of improvements.

N. Installation of sidewalks on a lot shall be completed prior to the issuance of a certificate of occupancy for that lot.

O. Notwithstanding any provision of this chapter to the contrary, upon completion of all improvements but prior to acceptance by the Township Committee of such improvements and prior to the release of any performance guaranty which may have been posted, deeds must be received, free and clear of all mortgages and encumbrances, for all fee and other property interests and improvements to be conveyed to the Township.

P. A site plan bond shall be posted prior to earth disturbance.

§ 185-51 Developer's agreement; fees.

A. Within 90 days of the adoption of a resolution granting final subdivision approval and prior to the execution of the final subdivision plat or, in the case of an application for a multiple dwelling or commercial development, prior to the issuance of construction permits, there shall be executed and delivered to the Township an agreement between the developer and the Township incorporating all of the terms and conditions of final approval. The agreement shall be drawn by the attorney for the Zoning Board of Adjustment or Planning Board, at the expense of the developer, and shall be executed by the owner and developer of the property which is the subject of the approvals. The developer's agreement shall also provide for the payment of appropriate professional fees and escrows as well as payment of development fees in accordance with the provisions of this chapter. The developer's agreement shall be executed by the developer prior to the issuance of any permits.

[Amended 7-16-2008 by Ord. No. 988-08; 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No. 1038-11]

B. In the event that all of the improvements have not been installed within the time period set forth in the developer's agreement, the developer may request, in writing, to the Township Committee, a one-year extension of the time in which to complete all improvements. No more than two such extensions will be considered unless the developer's agreement shall be accompanied by an application fee of $300 to cover the engineering and legal fees associated with the processing of the application.

§ 185-52 Off-tract improvements.

A. Pursuant to the powers established in N.J.S.A. 40:55D-42, the following standards are hereby promulgated with respect to determining the proportionate or pro rata share of an applicant for a required off-tract improvement. Prior to the granting of final approval, the applicant shall have installed or made cash payments, in the manner provided for below, with respect to the immediate or ultimate installation of any required off-tract improvement.

(1) Allocation of costs; criteria in determining allocation. The allocation or costs for off-tract improvements, as between the applicant, other property owners and the Township, or any one or more of the foregoing, shall be determined by the Planning Board with the assistance of the appropriate Township agencies on the basis of the total cost of the off-tract improvements, the increase in market values of property affected and any other benefits conferred, the needs created by the application, population and land use projections for the general area of the applicant's property and other areas to be served by the off-tract improvements, the estimated time of construction of the off-tract improvements and the condition and periods of usefulness, which periods may be based upon the criteria of N.J.S.A. 40A:2-22. The following criteria may also be considered as well as any other reasonable criteria which would aid in said determination:

[Amended 6-16-2010 by Ord. No. 1015-10; 8-17-2011 by Ord. No. 1038-11]

(a) Street improvements (such as curb, gutter, sidewalk, shade trees, streetlights, street signs and traffic light improvements) may also be based upon the anticipated increase of traffic generated by the application and the anticipated benefit thereto.

(b) Stormwater and drainage improvements may also be based upon or be determined by the drainage created by or affected by any particular land use considering:

[1] The percentage relationship between the acreage of the application and the acreage of the total drainage basin;

[2] The use of a particular site and the amount of area to be covered by impervious surfaces on the site itself; and

[3] The use, condition or status of the remaining area of the drainage basin.

(c) Sanitary sewer and water improvements may also be based on the ratio of the developments flow to the sum of the capacity deficiency in the existing system and the estimated daily flow from the proposed development.

(2) Improvements to be construed at the sole expense of the applicant. In cases where reasonable and necessary need for an off-tract improvement or improvements is necessitated or required by the proposed development application and where no other property owners receive a special benefit thereby, the Board may require the applicant, as a condition of approval, at the applicant's expense, to provide for and construct such improvements as if such were on-tract improvements in the manner provided hereafter and as otherwise provided by law.

(3) Payment of allocated costs. In the event that the improvement required shall be constructed as a general or a local improvement, the estimated cost of the off-tract improvement allocated to the applicant shall be deposited with the municipality in the form of cash. Said deposit shall be paid by the applicant to the Township Treasurer who shall provide a suitable depository therefor and such funds shall be used only for the off-tract improvements for which they are deposited or shall be refunded to the subdivider as hereinafter set forth.

(4) Deposit of funds. All funds paid by an applicant pursuant to this chapter shall be used only for the improvements for which they are deposited or improvements serving the same purpose.

(5) Redetermination of assessment upon completion of improvements. Upon completion of off-tract improvements required pursuant to this chapter, the applicant's liability hereunder shall be recalculated in accordance with the actual as compared with the estimated cost of the improvements. To the extent that such recalculation shall increase or decrease the amount of any cash deposit made by the applicant hereunder, the applicant shall forthwith either pay the amount of such increase to the municipality or the municipality shall forthwith refund the amount of such decrease to the applicant.

B. Omissions. Omissions from the bond of any improvement will in no way be construed as to relieve the developer from his legal obligation to conform to the required improvements as provided for in this chapter.

C. Certification. Prior to the final acceptance of any of the required improvements by the Township, the subdivision owner or owners shall have submitted satisfactory affidavits certifying that no unpaid bills, liabilities or liens against such improvements and installations are outstanding.