Bethlehem Township City Zoning Code
ARTICLE IX
Fees, Guaranties and Inspections
§ 102-53 Fees.
[Amended 9-4-1986 by Ord. No. 202-10-86; 7-2-1987 by Ord. No. 202-13-87; 2-18-1988 by Ord. No. 202-16-88; 12-8-1988 by Ord. No. 202-18-88; 4-16-1998 by Ord. No. 255-10-98]
A.
The following is a schedule of fees and escrow deposits for filing applications with the Planning Board and the Zoning Board of Adjustment. Payment shall be made in two separate checks made payable to the Township of Bethlehem and shall be submitted to the administrative officer at the time of filing the application, unless exempted as provided elsewhere in this article. The application and payments for the application charge and escrow fund shall include a statement setting forth the basis for and calculation of the payments.
[Amended 8-19-2004 by Ord. No. 255-45-2004; 11-6-2008 by Ord. No. 255-51-2008]
Type of Application | First Check Nonrefundable Application Charge | Second Check Applicant's Escrow Fund | |
|---|---|---|---|
Conceptual/sketch plat reviews | |||
Informal review per § 102-49D | No charge | None required | |
Formal review, includes planner, attorney and engineer comments | $200 per meeting | $1,500 minimum | |
Subdivisions | |||
Minor subdivision for purpose of merger | $200 | $2,000 | |
Minor | $200 | $1,000 each new lot | |
Preliminary major | $350, plus $100 each new lot | $1,000 each new lot; minimum $2,400 | |
Final major | $250, plus $50 each new lot | $400 each new lot | |
Site plans | |||
Minor | $350, plus $0.05 per square foot of proposed new building area, plus $0.01 per square foot of site area to be disturbed | $1,200 | |
Preliminary major | $500, plus $0.05 per square foot of proposed new building area, plus $0.01 per square foot of the site area to be disturbed | If the gross floor area of the building is 100,000 square feet or less, $1,000, plus $10 per 1,000 square feet of lot area, plus $10 per 100 square feet of gross floor area of the building. If the gross floor area of the building exceeds 100,000 square feet, $500, plus $3.50 per 1,000 square feet of lot area, plus $3.50 per 100 square feet of gross floor area of the building. | |
Final major | $250, plus $0.01 per square foot of proposed new building area | If the gross floor area of the building is 100,000 square feet or less, $1,000, plus $3 per 1,000 square feet of lot area, plus $3 per 100 square feet of gross floor area of the building. If the gross floor area of the building exceeds 100,000 square feet, $500, plus $1 per 1,000 square feet of lot area, plus $1 per 100 square feet of gross floor area of the building. | |
Variances | |||
Appeals (N.J.S.A. 40:55D-7a) | $50 | $200 | |
Interpretation (N.J.S.A. 40:55D-70b) | $50 | $200 | |
Bulk (N.J.S.A. 40:55D-70c) Existing lots | $100 | $1,000 | |
As included in site plans or subdivisions | $250 first variance, plus $100 each additional | $300 | |
Use (N.J.S.A. 40:55D-70d) | $400 | $3,000 | |
Permit (N.J.S.A. 40:55D-70c) | $200 | $3,000 | |
Certified list of property owners within 200 feet from Township Clerk [see § 102-45D(3)] | $0.25 per name or $10 minimum | None required | |
Copies of minutes, transcripts or decisions [see §§ 102-45E(2) and 102-47C] | $1 per page for first copy of said page, plus $0.25 per copy for each additional copy of said page | None required | |
Off-tract improvements | None | 5% of the cost of the improvement | |
Extensions of approval | $100 | $250 | |
Resubmission of application for amendment | 10% of original fee | 10% of original escrow deposit | |
B.
The application charge is a flat fee to cover administrative expenses and is nonrefundable. The escrow account is established to cover the costs of professional services, including engineering, planning, legal, planning and such other professional fees and expenses as may be required in connection with the review of the submitted materials, the submission of reports, preparation of resolutions, attendance at meetings, preparation of development agreements and professional services associated with the dedication and acceptance of developer improvements. Sums not utilized in the review process shall be returned to the applicant. If the escrow deposit is depleted below 25% of the original escrow fund, the applicant shall submit additional escrow deposit so that the total sum on deposit in the escrow fund shall be no less than 75% of the original escrow fund. In the event that the balance of the escrow fund shall be less than 25% of the original amount and the applicant does not replenish the fluid within 14 days of the notice of such deficiency, the municipality or approving authority shall, at its sole option, terminate review and inspection. In order for work to continue on the development or the application, the applicant shall, within said 14 days, post a deposit to the escrow fund in an amount so that the balance shall equal 75% of the original fund. In the interim, any required health and safety inspections shall be made and charged back against the escrow fund.
C.
Where one application for development includes several approval requests, the sum of the individual required fees shall be paid.
D.
In accordance with Subsection A hereof, each applicant for subdivision or site plan approval shall pay all reasonable costs for professional review of the application, plus costs incurred with any informal review of a concept plan which may have preceded the submission of a preliminary application. Additionally, each applicant shall pay all reasonable costs for the municipal inspection and testing of the improvements during installation and/or as constructed. All costs for review must be paid before any approved plat, plan or deed is signed; all costs for inspection must be paid before any construction permit is issued; and any remaining costs must be paid before any occupancy of the premises is permitted or certificate of occupancy is issued.
E.
If an applicant desires a court reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript to the township shall be at the expense of the applicant, who shall arrange for the reporter's attendance.
F.
Special meeting. Special meetings of the Planning Board or Zoning Board of Adjustment made at the request of any applicant or applicant's authorized representative shall require a fee of $250 to defray the costs of scheduling and holding such special meeting. This fee shall be in addition to all other fees and charges heretofore or hereafter established.
G.
In the event that the Planning Board or Board of Adjustment finds it necessary to obtain the advice or testimony of specialists or consultants in connection with an application, such specialists or consultants shall be compensated by the applicant as reasonably required by the Board. Advice or testimony of such consultants shall be given at the hearing with full right of cross-examination afforded to the applicant.
H.
The assessment, payment of and administration of the application charges and escrow funds shall be in accordance with N.J.S.A. 40:55D-50 et seq. and as hereafter amended and as further provided for in New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
§ 102-54 Guaranties and inspections.
[Amended 5-3-2018 by Ord. No. 454.2018]
A.
Performance guaranty.
(1)
No final application for development, whether for an entire tract or a section thereof, shall be approved by the Board until the satisfactory completion and performance of certain public improvements have been certified to the Board by the Township Engineer, unless the owner shall have filed with the Township a performance guaranty assuring the installation of certain public improvements on or before an agreed date as hereinafter provided.
(2)
Only certain public improvements shall require a performance guaranty prior to final application approval. These improvements include:
(a)
Streets.
(b)
Pavement.
(c)
Gutters.
(d)
Curbs.
(e)
Sidewalks.
(f)
Street lighting.
(g)
Street trees.
(h)
Surveyor's monuments, as shown on the final map and required by the Map Filing Law, N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8.
(i)
Water mains.
(j)
Sanitary sewers.
(k)
Drainage structures.
(l)
Public improvements of open space.
(m)
Any grading necessitated by the preceding improvements.
(3)
With the exception of privately owned perimeter buffer landscaping, no privately owned improvements shall require a performance guaranty as a prerequisite for obtaining final approval of an application for development by the Board as required in Subsection A(1) above.
(4)
A performance guaranty estimate shall be prepared by the applicant's engineer and submitted to the Township Engineer for review and approval, setting forth all requirements for improvements, as fixed by the Board, and their estimated cost. The estimate shall include an itemized list appended to the performance guaranty posted by the obligor. The Township Committee shall pass a resolution either approving or adjusting this performance guaranty.
(5)
Extensions of time. The time allowed for the installation of the improvements for which the performance guaranty has been provided may be, but need not be, extended by the Township Committee by resolution, provided that the current cost of the installation of such improvements first shall be redetermined by the Township Engineer and if such current cost is found to be greater than the cost originally determined, the applicant shall be required, as a condition of any such extension, to increase the amount of its performance guaranty to an amount equal to 120% of the cost of installation, as redetermined. In the event that the redetermined cost shall be less than the cost as originally determined, and in further event that the applicant's performance guaranty exceeds 120% of such redetermined costs, the applicant shall be entitled to a reduction of its performance guaranty to an amount equal to 120% of such redetermined costs.
B.
Safety and stabilization guaranty. On all applications for development in which a performance guaranty is required prior to obtaining final approval, the Township may also, at the discretion of the Board, be required to furnish a safety and stabilization guaranty, either as a line item of the performance guaranty or as a separate and distinct guaranty. A safety and stabilization guaranty shall be available to the municipality solely for the purpose of returning property that has been disturbed to a safe and stable condition or to otherwise implement measures to protect the public from access to an unsafe or unstable condition in certain circumstances prescribed in Subsection D(2)(c).
C.
Approval by Township Attorney.
D.
Bonding and cash requirements.
(1)
Requirements of performance guaranty.
(a)
The performance guaranty shall be in an amount equal to 120% of the cost of installation of certain public improvements, when secured by a bond, or in an amount equal to 100% of the cost of the same, when secured by cash or irrevocable letter of credit.
(b)
An itemized cost estimate, as approved by the Township Engineer, shall be appended to the posted performance guaranty.
(c)
The performance guaranty shall be made payable and deposited to Bethlehem Township and shall be in the form of cash, irrevocable letter of credit, or certified check or a performance bond in which the owner shall be principal, the bond to be provided by an acceptable surety company licensed to do business in the State of New Jersey. The Township shall issue its receipt for such deposits and shall cause the same to be deposited in the name of the Township to be retained as security for completion of all requirements and to be returned to the owner on completion of all required work, or, in the event of default on part of the owner, to be used by the Township to pay the cost and expense of obtaining completion of all requirements.
(d)
Ten percent of the amount of the approved performance guaranty estimate shall be deposited by the owner with the Township in the form of cash or irrevocable letter of credit. The remaining 90% may be in cash, irrevocable letter or surety bond. In the event of default, the ten-percent fund herein mentioned shall be first applied to the completion of the requirements, and the remaining cash, irrevocable letter of credit, or surety bond shall thereafter be resorted to, if necessary, for the completion of the requirements. The cash, irrevocable letter of credit, or surety bond shall recite the foregoing provisions.
(2)
Requirements of safety and stabilization guaranty.
(a)
The safety and stabilization guaranty shall be in an amount calculated as follows:
(b)
The safety and stabilization guaranty shall be made payable and deposited to Bethlehem Township either as part of the performance guaranty or separate and apart from it. It shall be in the form of cash, irrevocable letter of credit, or certified check or a performance bond in which the owner shall be principal, the bond to be provided by an acceptable surety company licensed to do business in the State of New Jersey. The Township shall issue its receipt for such deposits and shall cause the same to be deposited in the name of the Township to be retained as security in the case of abandonment or ceasing of work completion of all requirements and to be returned to the owner on completion of all required work, or, in the event of default on part of the owner, to be used by the Township to pay the cost and expense of obtaining completion of all requirements.
(c)
A safety and stabilization guaranty shall only be used in cases in which all of the following has occurred:
[1]
A project has commenced and the site has been disturbed.
[2]
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.
[3]
After written notice by the Township to the developer, by certified mail, of the Township's intent to claim payment under the guaranty, work has not recommenced within 30 days.
E.
Inspection and tests.
(1)
Costs.
(a)
Generally. All relevant site improvements and utility installations for both site plans and subdivisions shall be inspected during the time of their installation under the supervision of the Township Engineer to ensure satisfactory completion. The cost of said inspection shall be the responsibility of the owner who shall submit an escrow to the Township Treasurer.
(b)
Thresholds.
[1]
Where a development's inspection fees are less 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 Township Engineer for inspections, the developer shall deposit the remaining 50% of the inspection fees.
[2]
For those developments for which the inspection fees total $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited in escrow by a developer shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspections 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 inspection fees.
(c)
Fee schedules. The following fee schedule shall be charged related to inspections:
[1]
Township employees. Inspection time will be rounded to the next 1/2 hour for billing purposes. Inspections for Saturdays and holidays must be preapproved by the Assistant Township Engineer prior to scheduling.
[2]
Testing laboratory. Assessed at the cost to the Township.
[3]
Outside consulting services. When the Township deems it necessary to retain outside professional services, the developer shall reimburse the Township for all reasonable professional consulting fees.
(d)
Insufficient fees. If the Township determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection E(1)(a) of this section is insufficient to cover the cost of additional required inspections, the municipality may require the developer to deposit additional funds in escrow, provided that the municipality delivers to the developer a written inspection escrow deposit request, signed by the Township 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.
(e)
Excess fees. No refund of inspection deposits shall be made.
(2)
Notice. The Township Engineer's office shall be notified prior to each of the following phases of work so that he or a qualified representative may inspect the work:
(a)
Road subgrade.
(b)
Curb and gutter forms.
(c)
Curbs and gutters.
(d)
Road pavings.
(e)
Sidewalk forms.
(f)
Sidewalks.
(g)
Drainage pipes and other drainage construction.
(h)
Street name signs.
(i)
Monuments.
(j)
Sanitary sewers.
(k)
Detention and/or retention basins.
(l)
Topsoil, seeding and planting.
(m)
Underground utilities.
(3)
Other requirements.
(a)
Paving and concrete generally. In no case shall any paving or concrete work be done without permission from the Township Engineer. At least two working days' notice shall be given to the Township Engineer prior to any construction so that he or a qualified representative may be present at the time the work is to be done. Samples of concrete or any other materials used in the course of construction may be taken and tested in an approved testing laboratory, with the cost of said lab analysis to be paid by the developer or road contractor, independent of the inspection deposits.
(b)
Streets. Streets shall not be paved with a wearing course until all heavy construction is completed.
(c)
Shade trees. Shade trees shall not be planted until all grading and earth moving is completed.
(d)
Seeding of grass and surveyor's monuments. The seeding of grass and the placing of surveyor's monuments shall be among the last operations.
(4)
Violations. Any improvement installed contrary to the plan or plat approval by the Township shall constitute just cause to void the Board approval. Any improvement installed without notice for inspection pursuant to Subsection E(2) hereinabove shall constitute just cause for:
(a)
Removal of the uninspected improvements;
(b)
The payment by the developer of any costs of material testing;
(c)
The restoration by the developer of any improvements disturbed during any material testing; and/or
(d)
The issuance of a stop-work order by the Township Engineer pending the resolution of any dispute.
(5)
Township's rights reserved. Inspection by the Township of the installation of improvements and utilities shall not operate to subject the Township to liability for claims, suits, or liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter; it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the owner and his contractor, if any.
(6)
Substantial completion. Upon the completion or substantial completion of all required appurtenant utility improvements and the connection of the same to the public system, the obligor may notify the Township Committee in writing, by certified mail in care of the Township Clerk, of the completion or substantial completion of the improvements and shall simultaneously send a certified copy thereof to the Township Engineer. Within 10 working days of receipt of the notice, the Township Engineer shall inspect all the improvements of which such notice has been given and file a detailed report, in writing, with the Township Committee, indicating either approval, partial approval, or rejection of such improvements with a statement of the reasons for any rejection. The costs of the improvements as approved or rejected shall be set forth.
F.
Release.
(1)
Generally. The Township Committee shall approve, partially approve, or reject the improvements, on the basis of the report from the Township Engineer, and shall notify the obligor, in writing, by certified mail, of the Engineer's report and the action of the Township Committee not later than 45 days after the receipt of the notice of the obligor of the completion or substantial completion of the improvements.
(a)
Approval. Upon approval by the Township Committee with regards to the public improvements for which a performance guaranty is being held, said performance guaranty shall be released.
(b)
Partial approval. Upon partial approval by the Township Committee with regards to the public improvements for which a performance bond is being held, the developer may seek a temporary certificate of occupancy. As a condition of the issuance thereof, the developer shall furnish a temporary certificate of occupancy guaranty in favor of the municipality 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.
[1]
Upon issuance of a temporary certificate of occupancy guaranty, the performance guaranty shall be released. At no time shall the Township hold more than one guaranty with respect to the same line item.
[2]
The scope and amount of the temporary certificate of occupancy guaranty shall be determined by the Municipal Engineer.
[3]
The temporary certificate of occupancy guaranty shall be released by the Municipal Engineer upon the issuance of a permanent certificate of occupancy with regards to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.
(2)
Failure of the Township Committee to send or provide such notification to the obligor within the 45 days shall be deemed to constitute approval of the improvements, and the obligor and the surety, if any, shall be released from all liability pursuant to the performance guaranty for such improvements.
(3)
In the event that the Planning Board or Zoning Board of Adjustment, as the case may be, is required by statute to act upon the application prior to receipt of the Township Committee's determination as to construction of off-tract improvements, it shall request the applicant to consent to an extension of time within which to act, of sufficient duration to enable the Township Committee to make the aforesaid determination. In the event that said applicant is unwilling to consent to the requested extension of time, the Planning Board or Zoning Board of Adjustment, as the case may be, shall, in its discretion, either itself determine the procedure to be followed in constructing the aforesaid improvements or shall condition its approval upon the subsequent determination of the Township Committee.
G.
Conditions and acceptance of improvements. The approval of any application for development by the Township shall in no way be construed as acceptance of any public improvement subject to a performance guaranty, privately owned perimeter buffer landscaping, stormwater management basins, inflow and water quality structures within the basins, and the outflow pipes and structures of the stormwater management system. Such approval shall not obligate the Township in any way to exercise jurisdiction over such items. Any road not meeting design standards specified within Article V of this chapter shall not be accepted by the Township as a public street. No improvement provided herein shall be accepted by the governing body unless and until all of the following conditions have been met:
(1)
The Township Engineer shall have certified in writing that the improvements are completed and that they comply with the requirements of this chapter.
(2)
The final application for development shall have been approved by the Board.
(3)
The owner shall have filed with the Township Committee a maintenance guaranty in an amount equal to and not more than 15% of the cost of installing the improvements. The maintenance guaranty shall run for a period of two years. The maintenance guaranty shall comply with the following procedures and requirements:
(a)
A maintenance guaranty estimate shall be prepared by the Township Engineer based on the estimate used for the performance guaranty. The estimate shall include an itemized list appended to the performance guaranty posted by the obligor. The Township Committee shall pass a resolution either approving or adjusting this maintenance guaranty.
(b)
The maintenance guaranty shall be made payable and deposited to Bethlehem Township and shall be in the form of cash, irrevocable letter of credit, or certified check or a performance bond in which the owner shall be principal, the bond to be provided by an acceptable surety company licensed to do business in the State of New Jersey. The Township shall issue its receipt for such deposits and shall cause the same to be deposited in the name of the Township to be retained as security for any maintenance needed to be performed on the above-listed improvements and to be returned to the owner at the expiration of the two-year period.
(c)
Ten percent of the amount of the approved maintenance guaranty estimate shall be deposited by the owner with the Township in the form of cash or irrevocable letter of credit. The remaining 90% may be in cash, irrevocable letter or surety bond. In the event of default, the ten-percent fund herein mentioned shall be first applied to the completion of the requirements, and the remaining cash, irrevocable letter of credit, or surety bond shall thereafter be resorted to, if necessary, for the completion of the requirements. The cash, irrevocable letter of credit, or surety bond shall recite the foregoing provisions.
(d)
A maintenance guaranty may be waived by the Township Committee only if the Township Engineer has certified that the improvements have been in continuous use for not less than two years from the date the Township Engineer certified completion of such improvements and that during this period the owner has maintained the improvements in a satisfactory manner.
(e)
An as-built plan and profiles of all utilities and roads (three black-and-white prints, plus a Mylar copy to be sent to the Township Engineer), with certification signed and sealed by a New Jersey licensed professional engineer as to the actual construction as approved by the Township Engineer, shall be provided.
(f)
Upon the passage of the period for the maintenance guaranty, and upon certification of the Township Engineer that said works have been satisfactorily maintained and are in compliance with all specifications set forth, the balance of said maintenance guaranty, if any, shall be returned, without interest, to the developer or road contractor.
§ 102-54.1 Tax Map and Geographic Information System maintenance fee.
[Added 10-5-2000 by Ord. No. 255-25-2000]
A.
The following fees shall be paid by the applicant at the time of adoption of a resolution of subdivision or site plan approval by the Municipal Planning Board of the Township of Bethlehem for the cost of making upgrades and modifications to the Tax Maps and Geographic Information System (GIS) of the Township of Bethlehem relating to said applications:
Tax Map Fee | GIS Fee | |||
|---|---|---|---|---|
Minor subdivision: | ||||
2 to 3 lots | $200.00 | $200.00 | ||
Final Subdivision: | ||||
4 to 7 lots | $500.00 | $500.00 | ||
8 to 12 lots | $900.00 | $900.00 | ||
13 to 19 lots | $1,250.00 | $1,250.00 | ||
20 lots or more | $1,500.00 | $1,500.00 | ||
Plus $50.00 per lot in excess of 20 | ||||
Site plans | $200.00 | $200.00 | ||
B.
Payments by escrow fees required hereunder shall be an expressed condition of any subdivision or site plan approval granted by the Bethlehem Township Municipal Planning Board.
C.
At the time the final plat is submitted for signature of the municipal officials, the applicant shall submit a CAD-generated data file(s), prepared by a New Jersey licensed land surveyor, directly translatable into an identical image of the file map. The file shall be submitted on a standard 3.5-inch floppy disk or standard compact disk.
E.
All required information shall appear on separate layers of the drawing.
F.
Text shall also appear on a separate layer of the drawing.
G.
The file must be drawn at its real New Jersey plane coordinates NAD83 (or the most current state plane coordinate system) position, and the view must be unrotated so that the NJPCS North points orthographically up (vertical) in the screen. The drawing shall identify, at a minimum, three monument markers distributed around the corners of the tract. These monument markers shall be identified in US survey feet.
H.
The information required in the data file(s) shall be:
(1)
All required information submitted on the final plat shall appear on separate layers of the drawing.
(2)
The location of all existing and proposed signage and catch basins, to be given as a layer in the CADD drawing.
(3)
The location of all existing and proposed culverts, given as the center of the structure at the center line of the roadway, to be given as a layer in the CADD drawing.
(4)
The data file(s) shall contain any site description information, as required by the Bethlehem Township Municipal Planning Board. This data includes site description information shown on the preliminary plan and/or site plan, environmental impact statement as required by Bethlehem Township's Land Use Development Code Chapter 102, § 102-51C, and any data given by the applicant after the initial plans are submitted. Site description information shall include the following information as deemed applicable by the Bethlehem Township Municipal Planning Board:
I.
At the discretion of the applicant, the municipal surveyor who maintains the Tax Map can be requested to do the required conversion to CAD based on those hourly fees listed in the surveyor's annual professional services agreement.
§ 102-55 Off-tract improvements.
[Amended 11-5-1987 by Ord. No. 202-14-87]
A.
Required improvements. Applicants shall be required, as a condition for approval of a subdivision, site plan or conditional use, to pay their pro rata share of the cost of providing reasonable and necessary street improvements and/or water, sewerage and drainage facility improvements, and any necessary easements therefor, located outside the property limits of the subject premises, but indicated in the Township Master Plan and necessitated or required by construction or improvements within such subdivision or development. The following criteria shall be utilized in determining the developer's proportionate pro rata monetary share for the necessary off-tract developments.
B.
Improvements to be constructed at the expense of the developer. In cases where the need for an off-tract improvement or sight triangle is created by the proposed subdivision or development and where no other property owners receive a special benefit thereby (as opposed to a mere incidental benefit), the applicant may be required, as a condition of approval and at the applicant's sole expense, to acquire and/or improve lands outside the tract and dedicate such lands to Bethlehem Township or Hunterdon County or, in lieu thereof, require the subdivider or developer to deposit with the township a sum of money sufficient to allow the township to acquire and/or improve such lands on conditions it may deem appropriate under the circumstances.
C.
General standards for other improvements. In cases where the need for any off-tract improvement to be implemented now or in the future is necessitated by the proposed development applicant and where it is determined that properties outside the development will also be benefitted by the improvement, the following criteria, together with the provisions or rules and regulations of Bethlehem Township or any department thereof, may be utilized in determining the developer's proportionate share of such improvements:
(1)
Sanitary sewers. For distribution facilities, including installation, relocation or replacement of collector, trunk and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate share shall be computed as follows:
(a)
The capacity and the design of the sanitary sewer system shall be based on the Rules and Regulations for the Preparation and Submission of Plans for Sewerage Systems, New Jersey State Department of Environmental Protection, and all Bethlehem Township sewer design standards, including infiltration standards.
(b)
Developer's pro rata share.
[1]
The capacity of the existing system to serve the entire improved drainage area shall be computed. If the system is able to carry the total development drainage basin, no improvement or enlargement cost will be assigned to the developer although some charges, including but not limited to capacity charges may be imposed. If the existing system does not have adequate capacity for the total development drainage basin, the prorated enlargement or improvement share shall be computed as follows:
Developer's Cost Total Enlargement or Improvement Cost | = | Development gpd Total Tributary gpd |
[2]
If it is necessary to construct a new system in order to develop the subdivision or development, the prorated enlargement share to the developer shall be computed as follows:
Developer's Cost Total Project Cost | = | Development Tributary gpd Total Tributary gpd to New System |
[3]
The plans for the improved system or the extended system shall be prepared by the developer's engineer. All work shall be calculated by the developer and approved by the Township Engineer.
(2)
Roadways. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvement uncovered elsewhere, the construction or reconstruction of new or existing streets and other associated streets or traffic improvements, the applicant's proportionate cost shall be determined as follows:
(a)
The applicant's engineer shall provide the Township Engineer with the existing and anticipated peak-hour volumes which impact the off-tract areas in question, which volumes shall analyze pedestrian, bicycle and motor vehicle traffic.
(b)
The applicant shall furnish a plan for the proposed off-tract improvements, which shall include the estimated peak-hour traffic generated by the proposed development. The ratio of the peak-hour traffic generated by the proposed development to the future peak-hour traffic shall form the basis of the proportionate share. The prorated share shall be computed as follows:
Developer's Cost Total Cost of Roadway Improvement and/or Extension | = | Additional Peak-Hour Traffic Generated by the Development Future Total Peak-Hour Traffic |
(3)
Drainage improvements. For the stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, riprap or improved drainage ditches and appurtenances thereto and the relocation or replacement of other storm drainage facilities or appurtenances associated therewith, the applicant's proportionate share shall be determined as follows:
(a)
The capacity and design of the drainage system to accommodate stormwater runoff shall be based on a method described in Urban Hydrology for Small Watersheds, Technical Release 55, Soil Conservation Service USDA, January 1975, as amended, and shall be computed by the developer's engineer and approved by the Township Engineer.
(b)
The capacity of the enlarged, extended or improved system required for the subdivision or development and areas outside of the subdivision or development shall be computed by the developer's engineer and be subject to the approval of the Township Engineer. The plans for the improved system shall be prepared by the developer's engineer, and the estimated cost of the enlarged system shall be calculated by the Township Engineer. The prorated share for the proposed improvement shall be computed as follows:
Developer's Cost Total Enlargement or Improvement Cost of Drainage Facilities | = | Development cfs Total Tributary cfs |
D.
Escrow accounts. Where the proposed off-tract improvement is to be undertaken at a future date, funds required for the improvement shall be deposited in the credit of Bethlehem Township in a separate account until such time as the improvement is constructed. In lieu of a cash escrow account, developers may present irrevocable letters of credit for the term required in a form acceptable to the Township Attorney. If the off-tract improvement is not begun within 10 years of the deposit, all moneys and interest shall be returned to the applicant or the letter of credit, as the case may be, surrendered. An off-tract improvement shall be considered "begun" if Bethlehem Township has taken legal steps to provide for the design and financing of such improvements.
E.
Referral to Township Committee.
(1)
Where applications for development suggest the need for off-tract improvements, whether to be installed in conjunction with development in question or otherwise, the Planning Board or the Zoning Board of Adjustment, as the case may be, shall forthwith forward to the Township Committee a list and description of all such improvements, together with a request that the Township Committee determine and advise the Board of the procedure to be followed in conjunction or installation thereof, including timing. The Board shall defer final action upon the subdivision or site plan until receipt of the Township Committee's determination or the expiration of 90 days after the forwarding of such list and description to the Township Committee without determination having been made, whichever comes sooner.
(2)
The Township Committee, within 90 days after receipt of said list and description, shall determine and advise the Planning Board or Zoning Board of Adjustment, as the case may be, concerning the procedure to be followed and advise the Board with regard to suggested conditions of approval, if any, to adequately protect the municipality.
(3)
In the event that the Planning Board or Zoning Board of Adjustment, as the case may be, is required by statute to act upon the application prior to receipt of the Township Committee's determination as to construction of off-tract improvements, it shall request the applicant to consent to an extension of time within which to act, of sufficient duration to enable the Township Committee to make the aforesaid determination. In the event that the applicant is unwilling to consent to the requested extension of time, the Planning Board or Zoning Board of Adjustment, as the case may be, shall in its discretion, either itself determine the procedure to be followed in constructing the aforesaid improvements or shall condition its approval upon the subsequent determination of the Township Committee.
F.
Implementation of off-tract improvements.
(1)
In all cases, developers shall be required to enter into an agreement or agreements with Bethlehem Township in regard to off-tract improvements, in accordance with this chapter and any other ordinances, policies, rules and regulations of the Township of Bethlehem, Hunterdon County and the State of New Jersey and any departments, authorities or agencies thereof.
(2)
Where properties outside the subject tract will be benefited by the improvements, the Township Committee may require the applicant to escrow sufficient funds, in accordance with Subsection D, Escrow accounts, hereinabove, to secure the developer's pro rata share of the eventual cost of providing future structural improvements based upon the standards expressed herein.
(3)
Where properties outside the subject tract will benefit by the improvements, the Township Committee may determine that the improvement or improvements are to be installed by the municipality as a general improvement, the cost of which is to be borne as a general expense. If the Township Committee shall determine that the improvement or improvements shall be constructed or installed as a general improvement, the Township Committee may direct the Planning Board to estimate, with the aid of the Township Engineer or such other persons who have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the subject tract, will be specifically benefitted thereby, and the subdivider or developer shall be liable to the municipality for such expense.
(4)
If the Township Committee shall determine that the improvement or improvements shall be constructed or installed as a local improvement, all or a part of the cost of which is to be assessed against properties benefitted thereby in proportion to the benefits conferred by the improvements in accordance with Chapter 56 of Title 40 of the Statutes of the State of New Jersey, the developer may be required to sign an agreement acknowledging and agreeing to this procedure, and in addition, the Township Committee may require that the developer shall be liable to the municipality, in addition to the amount of any special assessments against the subject property for benefits conferred by the improvement or improvements for the difference between the total cost actually incurred and the total amount by which all properties, including the subject tract, are specially benefitted by the improvement.
(5)
If the Township Committee shall determine that the improvements are to be constructed or installed by the applicant, such agreement may contain provisions, consistent with the standards in this chapter and any other rules, regulations or policies of the Township of Bethlehem, County of Hunterdon and the State of New Jersey and any departments, authorities or agencies thereof with jurisdiction therein, whereby the applicant shall be reimbursed by the municipality or otherwise, as a result of any participation fees, connection charges, charges paid in regard to developer's agreements with other applicants and the like, all in accordance with an agreement between the Township Committee and the applicant.
(6)
In determining the procedures to be followed in the event of the submission of a list and request from the Planning Board, the Township Committee shall be guided by the following standards and considerations:
(a)
The local trends in regard to the probability of development within the drainage or circulation area in question, and the intensity of such development.
(b)
The risk and exposure that neighboring areas are subject to in the event that the improvements to be required are delayed.
(c)
The extent to which temporary measures may sufficiently alleviate the condition or conditions requiring the off-tract improvement and the likelihood that larger, regional or subregional facilities will be required in the future to serve the development tract and the general area of the municipality in which the same is located.
(d)
The extent to which the health, safety and welfare of the residents, both current and future, depend upon the immediate implementation of the off-tract improvement.