All building permit applications shall require the approval of the construction official, provided that applications for the alteration or remodeling of existing residences shall not require the approval of the planning board. No building, structure or sign in any zone shall be erected, added to or structurally altered without a building permit duly issued upon application to the construction official. No building permit shall be issued unless the proposed construction or use is in full conformity with all the provisions of this chapter. Any building permit issued in violation of the provisions of this chapter shall be null and void and of no effect, without the necessity for any proceedings for revocation or nullification thereof, and any work undertaken or use established pursuant to any such permit shall be unlawful.

A.

Every application for a building permit shall be accompanied by a fee established pursuant to Chapter 69, Construction Codes, Uniform, and by a plot plan and complete construction specifications drawn to scale, showing:

1.

The actual shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected or of the lot on which it is situated if an existing building.

2.

The block and lot numbers as they appear on the official assessment map.

3.

The exact size and location on the lot of the proposed building or buildings or alteration of an existing building and of other existing buildings on the same lot.

4.

The dimensions of all yards in relation to the subject building and the distances between such building and any other existing buildings on the same lot.

5.

The existing and intended use of all buildings, existing or proposed, the use of land and the number of dwelling units the building is designed to accommodate.

6.

The Grading Checklist as provided in Section 16.14.040, as well as such topographic or other information deemed necessary with regard to the building, the lot or neighboring lots as required in Section 16.14.040.

B.

Applications for the construction of new buildings shall be accompanied by an accurate survey prepared by an engineer or land surveyor licensed by the state.

C.

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 the installation of the following is completed:

Street curbs,

Utilities in or under, the street cartway,

Functioning water supply and wastewater disposal facilities (excepting underground septic systems),

Necessary underground and/or surface stormwater facilities to ensure proper drainage of the lots and surrounding land,

Rough grading of lots according to the standard of the approved soil erosion and sediment control plans,

Street subbase and base course have been installed to serve all lots and structures within the subdivision, or site plan, or approved subsection thereof,

The owner shall request, and the construction official shall receive, favorable reports from all involved utility and inspection officials certifying the conditional acceptance for use, subject to minor punch list repairs, and final acceptance by the governing body, where appropriate, of necessary installed improvements listed above. Permits for model buildings in the front subsection or ten (10) percent 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 the above listed improvements.

D.

No building permit shall be issued for any building where the site development plan of such building is subject to approval by the planning board, except upon approval of such plans by the planning board, and if necessary, a performance guarantee approved by the governing body, as per N.J.S. 40:55D-53.

E.

No building permit shall be issued for a building to be used for any conditional use, as per in any zone where such use is allowed only with approval of the planning board, unless and until such approval has been duly granted by the board.

F.

The application and all supporting documentation shall be made in triplicate. On the issuance of a building permit, the construction official shall return one copy of all documents filed to the applicant.

G.

Except where otherwise specified in this chapter, the construction official shall, within twenty (20) working days after the filing of a complete and properly prepared application, either issue or deny a building permit. If a building permit is denied, the construction official shall state in writing the reasons for such denial.

H.

Every building permit shall expire if the work authorized has not been completed within one year after the date of issuance, or construction ceases for a period of six months after commencement of construction. If no zoning ordinance or other township regulations affecting subject property have been enacted in the interim, the construction official may authorize, in writing, the extension of the building permit an additional six months, following which no further work is to be undertaken without a new building permit having been issued. Subsequent building permits may be issued at the discretion of the construction official.

(Ord. 7-2002 (part))

(Ord. 01-2008)

No permit shall be issued unless the proposed use or structure is in conformity with the provisions of these land development chapters or a written decision of the appropriate reviewing agency, body or court is on file with the construction official.

(Ord. 7-2002 (part))

In the event that a developer submits an application for development that is directly or indirectly barred or prevented by a legal action or directive or order issued by a state agency, political subdivision, court of competent jurisdiction or any other party to protect the public health or welfare, the board shall process the application in accordance with these land development chapters and state statute and, if the application meets township development regulations, approve such application conditioned upon the removal of such legal barrier to development.

In appropriate instances, the board shall condition its approval upon subsequent approval of other necessary government agencies. The board shall make a decision on any application for development within the time period provided by law unless the applicant agrees to an extension or the board is prevented or relieved of so acting by operation of law.

(Ord. 7-2002 (part))

Recognizing that certain uses, activities, and structures are necessary to serve the needs and convenience of the township, but that such uses may be or may become harmful to the public health, safety or general welfare if they are located and operated without proper consideration being given to existing conditions and other uses, such uses are hereby designated conditional uses. The planning board has the power to grant a conditional use permit if:

a.

The use is designated a conditional use by Chapter XIV, Zoning.

b.

The public health, safety, and welfare will be protected.

c.

Application is made to the planning board.

d.

As otherwise defined in these land development chapters.

The planning board can impose such conditions or modifications it deems necessary to protect the health, safety or welfare of the public.

(Ord. 7-2002 (part))

The planning board shall have the power to grant exceptions from requirements of subdivision approval as may be reasonable in acting on an application for preliminary or minor subdivision approval where literal enforcement of these chapters is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

The planning board shall have the power to grant exceptions from the requirements of the site plan chapter if the literal enforcement of the ordinance is impracticable or will exact undue hardship because of the peculiar conditions pertaining to the land in question.

(Ord. 7-2002 (part))

A.

Before the recording of final subdivision plats, or as a condition of final site plan approval, or as a condition of the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65, the planning board of adjustment (hereinafter, either separately or together, the "board" or the "approving authority") shall require and accept, in accordance with the standards as contained herein and for the purpose of assuring the installation and maintenance of any required on-tract and/or off-tract improvements, the furnishing of a performance and/or maintenance guarantee(s). No plans will be signed by the township clerk until and unless the required performance guarantee has been approved by the township's attorney and engineer. Any such performance guarantee required by the board shall be furnished in favor of the township in an amount not to exceed one hundred and twenty (120) percent of the costs of installation, which cost shall be determined by the Township Engineer according to the method of calculation set forth in the Municipal Land Use Law, specifically N.J.S.A. 40:55D-53.4, et seq., for certain improvements which the board may deem necessary or appropriate. These improvements may include, but shall not be limited to: streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments, as shown on the final map and as required by the "Map Filing Law" (N.J.S.A. 46:23-9.9 et seq.), water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping.

1.

Form of Guarantee. The performance and/or maintenance guarantee shall be made payable to, and be deposited with, "East Greenwich Township", and shall be in the form of cash, irrevocable letter of credit, certified check, of performance bond in which the owner shall be the principal. The bond or letter of credit, if such is to be provided, must be issued by an acceptable surety or banking 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 a default on the part of the owner, to be used by the township to pay the costs and expenses of obtaining completion of all requirements, as are further set forth herein.

2.

Guarantees are Unconditional. The performance guarantee or maintenance guarantee required herein must constitute an unconditional payment obligation of the issuer running solely to the township. The performance guarantee must provide that it will remain in full force and effect, and shall not be terminated until it is released by the township. The developer may submit an irrevocable letter of credit as a performance guarantee as long as it provides for an initial one-year term and its automatic renewal for a period of at least one year at the expiration of its initial term. Such letter of credit will further provide that it will thereafter be automatically renewed by the surety until released by the township or until the surety provides not more than ninety (90) days, nor less than sixty (60) days, a notice by certified mail, return receipt requested, or express mail, to the township clerk, that it wishes to terminate its letter of credit as provided for herein. In the event the surety gives notice that it wishes to terminate its letter of credit, the township, at its discretion, may draw down and call upon the full amount of the guarantee by way of a signed demand executed by the mayor and township attorney, even if the development is still progressing in accordance with the underlying approval. At any time prior to thirty (30) days of expiration or termination of the guarantee, the developer may submit a replacement surety to the township pursuant to these provisions to prevent the township from automatically drawing upon or calling the letter of credit for any remaining improvements.

B.

Cost Estimates of Improvements. The township engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantee, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.

C.

Further Provisions. Provision for a maintenance guarantee to be posted with the township committee for a period not to exceed two years after final acceptance of the improvement, in an amount not to exceed fifteen (15) percent of the cost of the improvement, which cost shall be determined by the township engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed, or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the municipality or such utilities or improvements.

D.

Time for Improvements to be Completed. All on-tract and/or off-tract improvements, as required, shall be completed by either (a) eighteen (18) months after construction has begun on the development in question or (b) at such time as one-half of the certificates of occupancy have been issued in said development, whichever comes first. If the development is to take place in phases or stages, then the same shall apply to each phase or stage, once construction has begun on the same. In the event that any or all off-tract and/or on-tract improvements are common to all phases or stages, and are specific to no single phase or stage, then all such on-tract and off-tract improvements shall be completed once one-half of the certificates of occupancy have been issued for the entire development, regardless of the phases or stages begun or completed. The time allowed for installation of the improvements for which the performance guarantee has been provided, may be extended by resolution of the township committee. As a condition or as a part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed one hundred twenty (120) percent of the cost of the installation, which cost shall be determined by the township engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53.4 as of the time of the passage of the resolution.

E.

Non-completion. If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable thereon to the township for the reasonable cost of the improvements not completed or corrected and the township may either—prior to or after the receipt of the proceeds thereof—complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the "Local Public Contracts Law" (N.J.S.A. 40A: 11 -1 et seq.).

1.

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, or a qualified representative, so that either may be present at the time that the work is to be completed.

2.

Streets should not be paved with a wearing course until all heavy construction has been completed. Shade trees shall not be planted until all grading and earthmoving is completed. The seeding of grass and the placing of surveyor's monuments shall be among the last operations. Where berming and/or natural screening is to take place as a buffer due to the development being along either a township, county or state road or highway, and said berming or natural screening is to have trees or other forms of vegetation, such an improvement shall be among the first to take place in the development and shall be completed prior to the issuance of the first certificate of occupancy, and all such trees or other forms of required vegetation shall be fertilized and sprinklerized in a manner to be approved by the township's planner, so as to insure both the survivability of said trees or vegetation and to insure the rapid growth of the same.

3.

The township engineer shall be notified prior to each of the following phases of work so that he or she, or a qualified representative, may inspect the following work (which list shall be neither exclusive nor exhaustive):

a.

Road subgrade;

b.

Curb and gutter forms;

c.

Road paving;

d.

Sidewalk forms;

e.

Sidewalks;

f.

Drainage pipes and other drainage construction;

g.

Street name signs;

h.

Monuments;

i.

Fire hydrants;

j.

Water facilities;

k.

Sanitary sewers;

l.

Detention and/or retention basins;

m.

Topsoil, seeding and planting;

n.

Underground utilities;

o.

Recreational and open space amenities;

p.

Buffering amenities;

4.

Any improvement installed without notice for inspection having been given pursuant to subsection (3) of this section immediately above, shall constitute just cause for:

a.

Removal of the uninspected improvement at the developer's expense;

b.

Payment by the developer of any costs for materials testing;

c.

Restoration by the developer of any improvements disturbed during any material testing; and/or

d.

Issuance of a stop work order by the township engineer pending the resolution of any dispute.

5.

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 arise because of defects or negligence during construction, or at any time thereafter. It shall be the responsibility of the developer, and any contractors or subcontractors acting under his authority or control, to maintain safe conditions at all times during construction.

F.

Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of the same to the public system, the obligor may request of the township committee in writing, by certified mail, return receipt requested, and in care of the township clerk, that the township engineer prepare, in accordance with the itemized cost estimate prepared by the township engineer and appended to the performance guarantee as hereinbefore set forth, a list of all uncompleted, or unsatisfactorily completed, improvements. If such a request is made, the obligor shall send a copy of the request 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 obligor's request and shall file a detailed list and report, in writing, with the township committee, and shall simultaneously send a copy thereof to the obligor not later than forty-five (45) days after receipt of the obligor's request.

G.

The list prepared by the township engineer shall state, in detail, with respect to each improvement determined to be incomplete, or unsatisfactorily completed, the nature and extent of the incompleteness of each incomplete improvement, or the nature and extent of, and remedy for, the unsatisfactory state and nature of each improvement deemed to have been unsatisfactorily completed. The report prepared by the township engineer shall identify each improvement determined to be complete and satisfactory, together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement in accordance with the itemized cost estimate prepared by the township engineer and appended to the performance guarantee as required and set forth herein.

H.

The township committee, by resolution, shall either approve the improvements determined to be complete and satisfactory by the township engineer, or reject some or all of these improvements upon establishment in the resolution of the reason for such rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the township engineer and appended to the performance guarantee as set forth and required herein. This resolution shall be adopted not later than forty-five (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 guarantee with respect to the approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that thirty (30) percent of the amount of the total performance guarantee posted may be retained to ensure completion and acceptability of all improvements.

I.

For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized costs estimate prepared by the township engineer and appended to the performance guarantee as previously set forth herein, including any contingency factor applied to the cost of installation. If the sum of the approved improvements would exceed seventy (70) percent of the total amount of the performance guarantee, then the township may retain thirty (30) percent of the amount of the total performance guarantee to ensure completion and acceptability of all improvements, as previously provided for herein.

J.

If the township engineer fails to send or provide the list and report as requested by the obligor and pursuant to the requirements as herein set forth, within forty-five (45) days of receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the township engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

K.

If the township committee fails to either approve or reject the improvements determined by the township engineer to be complete and satisfactory, or reduce the performance guarantee for the complete and satisfactory improvements within forty-five (45) days from the receipt of the township engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the township engineer and appended to the performance guarantee as set forth hereinbefore, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

L.

In the event that the obligor has made a cash deposit with the township or approving authority as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee.

M.

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.

N.

Nothing herein, however, shall be construed to limit the right of the obligor to contest, by legal proceedings, any determination by the township committee of the township engineer.

O.

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 five hundred dollars ($500.00) or five percent of the cost of improvements, which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4. For those developments for which the inspection fees are less than ten thousand dollars ($10,000.00), fees may, at the option of the developer, be paid in two installments. In any such event, the initial amount deposited by the developer shall be equal to fifty (50) percent of the inspection fees. When the balance on deposit drops to ten (10) percent of the inspection 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 fifty (50) percent of the inspection fees. For those developments for which the inspection fees are ten thousand dollars ($10,000.00) or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be twenty-five (25) percent of the inspection fees. When the balance on deposit drops to ten (10) percent 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 make additional deposits of twenty-five (25) percent of the inspection fees. The township engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit. In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-38, the provisions of this section shall be applied by stage or section. In no event shall any guarantee hereunder be released or reduced if sufficient funds to pay for such inspections are not on deposit.

P.

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 guarantee required pursuant to such requirements as have been hereinbefore set forth, 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.

Q.

Standardized Form for Performance Guarantee, Maintenance Guarantee, Letter of Credit. A standardized form, and accompanying regulations, in accordance with the provisions of N.J.S.A. 40:55D-53a, -53b, N.J.A.C. 5:39-1.1 and N.J.A.C. 5:39-1.3, shall be utilized for all performance guarantees, maintenance guarantees, or letters of credit to be used pursuant to the terms, conditions and requirements of this section.

(Ord. 5-2004 § 2: Ord. 7-2002 (part))

(Ord. 01-2008)

Prior to the granting of final approval, the applicant shall have installed all improvements required or have posted a performance guarantee or surety sufficient to cover the costs of such improvements. Improvements recommended by other agencies, utility authorities, county, state or other governmental agencies may be required as a condition of final approval. All improvements must be designated to protect the health, safety, welfare and convenience of the public as well as to meet local, county, regional, state and/or national objectives. In particular circumstances and for special reasons all improvements may not be appropriate or needed.

(Ord. 7-2002 (part))

No development shall take place within the township nor shall any land be cleared or altered, nor shall any watercourse be diverted or its channel or floodplain dredged or filled, nor shall any parking areas, accessory or otherwise or access ways thereof, be constructed, installed or enlarged, nor shall any building permit be issued with respect to such structure, land or parking area unless approval is obtained of a site plan.

Site plan approval shall not be required for:

a.

Detached single-family dwellings and accessory-buildings.

b.

Construction of a parking area for no more than two automobiles for agricultural or residential use.

c.

Any development that does not affect existing circulation, drainage, building arrangements, landscaping, buffering, lighting or other considerations of site plan review.

d.

Involves normal maintenance or replacement such as a new roof, painting, new siding or similar activity.

(Ord. 7-2002 (part))

A.

The following shall be unlawful until a certificate of occupancy shall have been applied for and issued by the construction code official:

1.

Occupancy and use of a building hereafter erected, structurally altered or moved or any change in the use of an existing building.

2.

Any change in the use or occupancy of any land.

3.

Any change in the use or occupancy of any land.

4.

Any change in the use of a nonconforming use.

B.

No certificate of occupancy shall be issued for any conditional use of a building or of land requiring the approval of the planning board unless and until the board has duly approved such conditional use. Every certificate of occupancy for a conditional use or in conformance with a duly granted variance granted by the board, shall contain a detailed statement of such conditional use or variance and of such conditional use or variance and of any conditions to which the same is subject.

C.

Application for a certificate of occupancy, on a form furnished by the construction official, for a new building or for an existing building which has been altered as per Section 16.14.020, shall be made after the erection of such building or part thereof has been completed in conformity with the provisions of this chapter and, in the case of a new building, shall be accompanied by an accurate survey prepared by a land surveyor licensed by the state, showing the location of all buildings as built, and required information detailed in Section 16.14.040. Such certificate shall be issued within ten (10) days after receipt of the application, but only provided that all requirements of this chapter and of all other applicable codes and ordinances in effect are complied with.

D.

If the proposed use is in conformity with the provisions of this chapter and of all other applicable laws and ordinances, a certificate of occupancy for the use of vacant land or for a change of use of a nonconforming use shall be issued by the construction official within ten (10) days after receipt of a written application therefore. If a certificate of occupancy is denied, the construction official shall state the reasons therefore in writing.

E.

Inspections.

1.

The construction official shall issue a certificate of occupancy for a residential dwelling if inspection establishes that:

a.

There are no visible safety problems, such as missing hand or guardrails, or smoke detectors or visible safety defects.

b.

There has been no illegal work performed without permits and inspections.

c.

No illegal conversions have been made, i.e., one-family to two-family or two-family to three-family homes, etc.

2.

The purpose of this change is to ensure that there are no violations of either the zoning or building codes; specifically to check to see that no illegal conversions of single-family homes to two-family and to check for safety violations.

3.

The fee for such inspection shall be fifty dollars ($50.00); payable to the Township of East Greenwich. Twenty-five dollars ($25.00) shall be remitted to the construction official upon verification of inspection and issuance of a certificate of occupancy.

F.

Every application for a certificate of occupancy shall state that the building or the proposed use of a building or land complies with all applicable provisions of this chapter.

G.

A certificate of occupancy shall be required for both initial and continued occupancy and use of the building or land to which it applies, as certified.

H.

A certificate of occupancy shall be required of all nonconforming uses.

1.

Such certificate shall specify each condition or use not conforming to this chapter.

2.

A new certificate shall be required if there is any change in use or ownership from that specified.

3.

The construction official shall issue such certificate if inspection establishes that no provision of this chapter has been violated.

I.

A record of all certificates of occupancy shall be kept in the office of the construction official, and copies shall be furnished on request to any agency of the township or to any persons having a proprietary or tenancy interest in the building or land affected.

(Ord. 7-2002 (part))

(Ord. 01-2008)