Bordentown Township
City Zoning Code

The application charge is a flat fee to cover administrative expenses.

The escrow account is established to cover the cost of professional services, including engineering, planning, legal and other expenses associated with the review of submitted materials.

All billings for professional services to be charged to the applicant's escrow account shall be submitted for payment on at least a monthly basis at an hourly rate as specified in the current professional services agreement.

Sums not utilized in the review process shall be returned to the applicant.

It shall be the obligation of the applicant to maintain the escrow deposit at the amount specified. The administrative officer shall notify the applicant whenever an additional deposit is required. Copies of all billings charged to the escrow account shall be provided to the applicant on request.

The administrative officer may waive the requirement for the additional payment if the administrative officer determines that the amount in the escrow account will be sufficient to satisfy all additional billings that are reasonably anticipated.

If the applicant objects to any payments charged to the escrow account, the administrative officer shall review the objections with the applicant and the professional in an effort to resolve any questions. If the matter is not resolved, the applicant may seek recourse in accordance with the provisions of N.J.S.A. 40:55D-53.2a.

If the administrative officer determines that additional sums are necessary, the applicant shall be notified of the required additional amount and shall add that sum to the escrow account within 15 days.

No approvals shall be granted or permits issued where there is a deficiency in the escrow account.

No person shall be charged a construction permit surcharge fee or enforcing agency fee for any construction, reconstruction, alteration or improvement designed and undertaken solely to promote accessibility by persons with disabilities to an existing public or private structure or any of the facilities contained therein.

A person with a disability, or a parent or sibling of a person with a disability, shall not be required to pay a municipal fee or charge in order to secure a construction permit for any construction, reconstruction, alteration or improvement which promotes accessibility to the person's own living unit.

Application and escrow fees and zoning permit fees shall be waived for construction of handicapped ramps on residential property.

No final application for development (whether for an entire tract or a section thereof) shall be approved by the Board unless the owner shall have filed with the Township a performance guarantee, in the form approved by the Township Attorney and accepted by the Township Committee assuring the installation of the public improvements on or before an agreed date as hereinafter provided. The performance guarantee shall not be required for any improvements which the Township Engineer shall certify as having been completed in accordance with all applicable standards.

It is the intention of the Township Committee that residents living in each new section of a development be provided with a lot and/or dwelling unit and tract area that is as complete as possible with respect to tract and individual lot and/or dwelling unit improvements. In order to accomplish this objective, and except as hereafter provided, all remaining improvements shall be completed as to each category set forth in the performance guarantee to a percentage extent equal to the percent of lots and/or dwelling units which have been conveyed in any manner.

A performance guarantee 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 Township Committee shall pass a resolution either approving or adjusting this performance guarantee.

The owner shall present two copies of the performance guarantee, in an amount equal to 120% of the approved performance guarantee estimate for approval as to form and execution by the Township Attorney.

The Township Attorney shall notify the administrative officer when it is determined that the performance guarantee is properly executed. Until that notification is received no permits shall be issued for the project.

The performance guarantee shall be made payable and deposited to Bordentown 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. Any letter of credit or performance bond shall include a provision that the letter of credit or performance bond shall not expire and may not be revoked, rescinded or cancelled except upon 60 days written notice given to the Township. Any notice shall be valid only if given both to the Township Administrator and to the Township Attorney. The Township shall issue its receipt for the deposits and shall cause the performance guarantee 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.

Ten percent of the amount of the approved performance guarantee shall be in the form of an irrevocable letter of credit or shall be deposited by the owner in cash with the Township. The remaining 90% may be in cash, irrevocable letter of credit or surety bond. In the event of default, the 10% fund herein mentioned shall be first applied to the completion of the requirements and the cash, letter or credit, or surety bond shall thereafter be resorted to, if necessary, for the completion of the requirements. The cash, letter of credit, or surety bond shall recite the foregoing provisions.

All 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 insure satisfactory completion. The cost of the inspection shall be the responsibility of the owner who shall pay to the Township Treasurer a sum equal to 4% of the amount of the estimated costs for the required improvements for payment of the inspection costs. These sums shall be deposited into an escrow account. If additional sums are deemed necessary, the owner shall be notified and shall add that additional sum to the escrow within 15 days.

In no case shall any paving 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.

Streets shall not be paved with a wearing course until all heavy construction is completed. Shade trees shall not be planted until all grading and earth moving is completed. The seeding of grass and the placing of surveyor's monuments shall be among the last operations.

The Township Engineer's office shall be notified prior to each of the following phases of work so that the Township Engineer or a qualified representative may inspect the work:

Any improvement installed contrary to the plan or plat approved by the Township shall constitute just cause to void the municipal approval.

Any improvement installed without notice for inspection pursuant to § 500-902D(4) above shall constitute just cause for:

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 the contractor, if any.

Upon the completion or substantial completion of all required appurtenant utility improvements, and the connection of them 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 as to which the notice has been given and file a detailed report, in writing, with the Township Committee, indicating either approval, partial approval or rejection of the improvements with a statement of the reasons for any rejection. The costs of the improvements as approved or rejected shall be set forth.

Whenever a developer requests acceptance, in whole or in part, of certain improvements by the Township and the residents of the subject property are represented by a homeowners' association, a copy of the request and of the Township Engineer's report shall be mailed to the homeowners' association 10 days prior to any action by the Township to accept or reject the improvements.

Where partial approval is granted, the obligor shall be released from all liability pursuant to the performance guarantee for the improvements, except for that portion adequately sufficient to secure provision of the improvements not yet approved; provided that 30% of the performance guarantee posted may be retained to ensure the completion of all improvements and that the 30% may be applied against all improvements, regardless of when completed.

If any portion of the required improvements is rejected, the obligor shall complete the improvements and, upon completion, shall notify the Township Committee as specified in § 500-902D(8) of this chapter and the same procedures shall be followed as in the first instance.

No improvement shall be accepted by the Township Committee unless and until all of the following conditions have been met:

The maintenance guarantee shall run for a period of two years. The procedures and requirements governing the maintenance guarantee shall be identical with the procedures and requirements for a performance guarantee set forth in this chapter. The requirements for a maintenance guarantee 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 the improvements and that during this period the owner has maintained the improvements in a satisfactory manner; and,

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 or New Jersey licensed land surveyor as to the actual construction as approved by the Township Engineer, shall be provided. When stormwater management basins or storage areas are involved, as-built drawings shall be accompanied by a capacity and discharge certificate, signed and sealed by a New Jersey licensed professional engineer. Certifications shall verify compliance with approved designs prior to releasing the performance guarantee.

A copy of the request to the Township Committee for the acceptance, in whole or in part, of improvements and of the Township Engineer's report thereon shall be mailed to the homeowner's association consisting of the residents of the subject development at least 10 days prior to any consideration of the request by the Township Committee. Proof of mailing shall be filed with the Township Clerk.

The owner shall employ a video inspection service to obtain closed-circuit color television examination of the interior of each and every stormwater pipe system to inspect for potential defects prior to releasing the performance guarantees. The owner should provide at least two copies of color videotape record for the examination to the Township Engineer. The video inspection service provider and the format of the tape shall be approved by the Township Engineer. All costs associated with video inspections shall be the owner/applicant's responsibility.

The owners shall provide testing for any street or residential parking area(s). The owner shall employ the services of a testing laboratory to obtain cores of the pavement in accordance with New Jersey Department of Transportation Specifications for Road and Bridge Construction, current edition. Cores should be tested for thickness, composition and density of the pavement material. The owner shall provide a certified report of the results to the Township Engineer for acceptance. The testing laboratory employed, the number and location of the cores and results shall be approved by the Township Engineer. All costs associated with testing shall be the owner/applicant's responsibility.

The owner shall provide concrete test results for all curb, sidewalk and driveway sampling taken during construction per § 500-516. Results shall be in the form of a report from the certified testing lab and shall indicate the locations from which the samples were taken, the dates when the samples were taken and the sample results. The testing laboratory employed and test results shall be approved by the Township Engineer. All costs associated with testing shall be the owner/applicant's responsibility.

All bonds and/or guarantees required under § 500-902 shall be required to cover the following improvements, to the fullest extent permitted by N.J.S.A. 40:55D-53, as amended by P.L. 2017, c.312:

Water supply.

Sanitary sewers.

Roadways. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered by other regulations, 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:

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:

Where applications for development suggest the need for off tract improvements, whether to be installed in conjunction with development in question or otherwise, the Board shall forthwith forward to the Township Committee a list and description of all the improvements together with a request that the Township Committee determine and advise the Board of the procedure to be followed in construction 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 the list and description to the Township Committee without determination having been made, whichever comes sooner.

The Township Committee, within 90 days after receipt of the list and description, shall determine and advise the Board concerning the procedure to be followed and advise the Board with regard to suggested conditions of approval, if any, to adequately protect the municipality.

In the event that the Board is required by law 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 determination. In the event that the applicant is unwilling to consent to the requested extension of time, the Board shall, in its discretion, either determine the procedure to be followed in constructing the improvements, or shall condition its approval upon the subsequent determination of the Township Committee.

In all cases, developers shall be required to enter into an agreement or agreements with Bordentown Township in regard to off-tract improvements, in accordance with this chapter and any other ordinances, policies, rules and regulations of the Township of Bordentown, Burlington County and the State of New Jersey and any departments, authorities or agencies thereof.

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 § 500-903, to secure the developer's pro rata share of the eventual cost of providing future structural improvements based upon the standards expressed herein.

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 any 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 benefited thereby, and the subdivider or developer shall be liable to the municipality for the expense.

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 benefited 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, the difference between the total cost actually incurred and the total amount by which all properties, including the subject tract, are specially benefited by the improvement as may be determined by the Board of Improvement Assessors.

If the Township Committee shall determine that the improvements are to be constructed or installed by the applicant, the agreement may contain provisions, consistent with the standards in this chapter and any other rules, regulations or policies of the Township of Bordentown, County of Burlington 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.

In determining the procedures to be followed in the event of the submission of a list and request from the Planning Board, as provided in § 500-903E(1), the Township Committee shall be guided by the following considerations:

The municipality previously adopted a Development Fee Ordinance, which established the Municipal Affordable Housing Trust Fund.

The municipality shall not spend development fees until the court has approved a plan for spending such fees.

Imposed fees.

Eligible exactions, ineligible exactions and exemptions for residential development:

Imposition of fees.

Eligible exactions, ineligible exactions and exemptions for non-residential development.

Non-residential developments shall be exempt from the payment of non-residential development fees in accordance with the exemptions required pursuant to the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through N.J.S.A. 8.7), as specified in Form N-RDF, "State of New Jersey Non-Residential Development Certification/Exemption." Any exemption claimed by a developer shall be substantiated by that developer.

A developer of a non-residential development exempted from the non-residential development fee pursuant to the Statewide Non-Residential Development Fee Act shall be subject to the fee at such time as the basis for the exemption no longer applies, and shall make the payment of the non-residential development fee, in that event, within three years after that event or after the issuance of the final certificate of occupancy of the non-residential development, whichever is later.

If a property that was exempted from the collection of a non-residential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this subsection within 45 days of the termination of the property tax exemption. Unpaid non-residential development fees under these circumstances may be enforceable by the municipality as a lien against the real property of the owner.

Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a building permit.

For non-residential developments only, the developer shall also be provided with a copy of Form N-RDF, "State of New Jersey Non-Residential Development Certification/Exemption," to be completed by the developer as per the instructions provided in the Form N-RDF. The construction official shall verify the information submitted by the non-residential developer as per the instructions provided on Form N-RDF. The tax assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.

The construction official responsible for the issuance of a building permit shall notify the tax assessor of the issuance of the first construction permit for a development that is subject to a development fee.

Within 90 days of receipt of that notice, the tax assessor shall provide an estimate, based on the plans filed, of the equalized assessed value of the development.

The construction official responsible for the issuance of a final certificate of occupancy shall notify the tax assessor of any and all requests for the scheduling of a final inspection on property that is subject to a development fee.

Within 10 business days of a request for the scheduling of a final inspection, the tax assessor shall confirm or modify the previously estimated equalized assessed value of the improvements associated with the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.

Should the municipality fail to determine or notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b. of Section 37 of P.L. 2008, c. 46 (N.J.S.A. 40:55D-8.6b).

50% of the development fee shall be collected at the time of issuance of the construction permit. The remaining portion shall be collected at the time of issuance of the certificate of occupancy. The developer shall be responsible for paying the difference between the fee calculated at the time of issuance of the construction permit and that determined at the time of issuance of certificate of occupancy.

A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by that board, collected fees shall be placed in an interest-bearing escrow account by the municipality. Appeals from a determination of the board may be made to the Tax Court in accordance with the provisions of the State Uniform Tax Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

A developer may challenge non-residential development fees imposed by filing a challenge with the director of the Division of Taxation. Pending a review and determination by the director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest-bearing escrow account by the municipality. Appeals from a determination of the director may be made to the Tax Court in accordance with the provisions of the State Uniform Tax Procedure Law, N.J.S.A. 54:48-1 et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

A separate, interest-bearing Municipal Affordable Housing Trust Fund shall be maintained by the chief financial officer of the municipality for the purpose of depositing development fees collected from residential and non-residential developers and proceeds from the sale of units with extinguished controls.

The following additional funds shall be deposited in the Municipal Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:

The municipality shall provide the Division with written authorization, in the form of a tri-party escrow agreement(s) between the municipality, the Division and the financial institution in which the Municipal Affordable Housing Trust Fund has been established to permit the Division to direct the disbursement of the funds as provided for in N.J.A.C. 5:99-2.1 et seq.

Occurrence of any of the following deficiencies may result in the Division requiring the forfeiture of all or a portion of the funds in the Municipal Affordable Housing Trust Fund:

All interest accrued in the housing trust fund shall only be used on eligible affordable housing purposes approved by the Court.

The expenditure of all funds shall conform to a spending plan approved by Superior Court. Funds deposited in the Municipal Affordable Housing Trust Fund may be used for any activity approved by the Court to address the fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls; housing rehabilitation; new construction of affordable housing units and related costs; accessory apartments; a market-to-affordable program; conversion of existing non-residential buildings to create new affordable units; green building strategies designed to be cost-saving and in accordance with accepted national or state standards; purchase of land for affordable housing; improvement of land to be used for affordable housing; extensions or improvements of roads and infrastructure to affordable housing sites; financial assistance designed to increase affordability; administration necessary for implementation of the Housing Element and Fair Share Plan; and/or any other activity permitted by Superior Court and specified in the approved spending plan.

Funds shall not be expended to reimburse the municipality or activities that occurred prior to the authorization of a municipality to collect development fees.

At least a portion of all development fees collected and interest earned shall be used to provide affordability assistance to very low-, low- and moderate-income households in affordable units included in the Municipal Fair Share Plan. A portion of the development fees which provide affordability assistance shall be used to provide affordability assistance to very low-income households.

No more than 20% of all affordable housing trust funds, exclusive of those collected to fund an RCA prior to July 17, 2008, shall be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultants' fees necessary to develop or implement a new construction program, prepare and implement a Housing Element and Fair Share Plan, administer an Affirmative Marketing Program and for compliance with the Superior Court and the program, including the costs to the municipality of resolving a challenge.

The ability to impose, collect and expend development fees shall continue so long as the municipality retains authorization from the Court in the form of compliance certification or the good faith effort to obtain it.

If the municipality fails to renew its ability to impose and collect development fees prior to the expiration of its judgment of compliance, it may be subject to forfeiture of any or all funds remaining within its Affordable Housing Trust Fund. Any funds so forfeited shall be deposited into the New Jersey Affordable Housing Trust Fund established pursuant to Section 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320).