Hardwick Township City Zoning Code
ARTICLE VIII
Guarantees, Inspections and Off-Tract Improvements
§ 13-90 FEES; GENERAL PROVISIONS; COURT REPORTER TRANSCRIPTIONS.
[Ord. No. 96/4 § 13-90]
a.
Every application for development shall be accompanied by a check payable to the Township of Hardwick in accordance with the fee schedule set forth in the Hardwick Township Fee Ordinance.
b.
The application charge is a flat fee to cover direct administrative expenses and is nonrefundable.
c.
Where one (1) application for development includes several approval requests, the sum of the individual required fees shall be paid.
d.
It is the applicant's responsibility to arrange for a court reporter. The cost of taking testimony, transcribing it and providing a copy of the transcript to the Township shall be at the expense of the applicant.
§ 13-90A FEES ENUMERATED.
[Ord. No. 98-17]
a.
Fees and escrows for the submission of applications or for the rendering of any services by the Planning Board and/or Zoning Board of Adjustment and/or any of their administrative staffs, for example, the review of any application for development, inspections or for taking of appeals are set forth herein.
b.
The following list below encompasses application fees for development applications, as well as interpretations, appeals, concept applications and zone change applications:
1.
Minor site plan — $150.00
2.
Preliminary major site plan — $250.00
3.
Final major site plan application — $150.00
4.
Minor subdivision — $150.00
5.
Preliminary major subdivision — $250.00
6.
Final major subdivision — $200.00
7.
Variance application — $200.00
8.
Conditional use application — $200.00
9.
Appeals pursuant to N.J.S.A. 40:55D-70(a) — $200.00
10.
Interpretations pursuant to N.J.S.A. 40:55D-70(b) — $200.00
11.
Concept review — $100.00
12.
Zone change application — $250.00
c.
Escrow Fees. The following escrow fees shall be collected by the respective board secretary at the time of the filing of the application to be applied for the review of applications by the applicable professional staff. For purposes of this section, review by the professional staff shall include, but not be limited to, all office review, phone calls, preparation of reports, conferences and appearances at meetings. The Planning Board and/or Zoning Board of Adjustment may, in its discretion, waive the filing of a portion of the escrow fees if so requested, in writing, by the applicants. The Planning Board and/or Zoning Board of Adjustment may request additional escrow fees in the event that the review of the application requires same. For purposes of this section, professional staff shall include the Planning Board Attorney, Zoning Board of Adjustment Attorney, Township Planner, Township Engineer and such other professionals as may be deemed necessary by the Planning Board and/or Zoning Board of Adjustment to review an application:
1.
Minor site plan — $750.00
2.
Preliminary major site plan — $5,000.00
3.
Final major site plan application — $2,000.00
4.
Minor subdivision — $750.00
5.
Preliminary major subdivision — $5,000.00
6.
Final major subdivision — $2,000.00
8.
Conditional use application — $3,000.00
9.
Appeals pursuant to N.J.S.A. 40:55D-70(a) — $1,500.00
10.
Interpretations pursuant to N.J.S.A. 40:55D-70(b) — $2,500.00
11.
Cluster application — $5,000.00
12.
Zone change application — $5,000.00
13.
Concept application — at the discretion of the applicant, a $1,000.00 dollar escrow may be deposited with the applicable Board Secretary if the applicant requests, as part of a concept application, a review of by the applicable Board staff.
d.
Special Meetings. At the request of the applicant, a special meeting may be held by the Planning Board and/or Zoning Board of Adjustment; the fee for a special meeting shall be five hundred ($500.00) dollars.
e.
Inspection Fees. Prior to any disturbance on site, a deposit for the inspection fee for the installation of any improvements shall be paid by the developer in an amount equal to five (5) percent of the improvement costs, as established by the Township Engineer, with the amount used for such inspection(s) to be based on an itemized voucher showing the reasonable cost of such fees or one thousand ($1,000.00) dollars, whichever is greater.
§ 13-91 GUARANTEES AND INSPECTIONS.
[Ord. No. 96/4 § 13-91]
a.
Before recording of final subdivision plats or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65d, the approving authority may require and shall accept in accordance with the standards adopted by ordinance for the purpose of assuring the installation and maintenance of on-tract and off-tract improvements:
1.
Performance guarantee. The furnishing of a performance guarantee in favor of the municipality in an amount not to exceed one hundred twenty (120) percent of the cost of installation, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in section 15 of P.L. 1991, c. 256 (C. 40:55D-53.4), for improvements which the approving authority may deem necessary or appropriate. Such improvements may include streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments, as shown on the final map and required by the "Map Filing Law," P.L. 1960, c. 141 (C. 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.
The Municipal 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.
2.
Maintenance guarantee. There shall be provision for a maintenance guarantee to be posted with the governing body for a period not to exceed two (2) 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 Municipal Engineer according to the method of calculation set forth in section 15 of P.L. 1991, c. 256 (C. 40:55D-53.4). In the event that other governmental agencies or public utilities 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 for such utilities or improvements.
b.
The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the governing body by resolution. As a condition or as 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 municipal engineer according to the method of calculation set forth in section 15 of P.L. 1991, c. 256 (C. 40:55D-53.4) as of the time of the passage of the resolution.
c.
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 municipality for the reasonable cost of the improvements not completed or corrected and the municipality may either prior to or after receipt of the proceeds thereof complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the "Local Public Contracts Law," P.L. 1971, c. 198 (C. 40A:11-1 et seq.).
d.
1.
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the Municipal Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection a of this section, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Municipal Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Municipal Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than forty-five (45) days after receipt of the obligor's request.
2.
The list prepared by the Municipal Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Municipal 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 Municipal Engineer and appended to the performance guarantee pursuant to Subsection a of this section.
e.
1.
The governing body, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Municipal Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection a of this section. This resolution shall be adopted not later than forty-five (45) days after receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that thirty (30) percent of the amount of the performance guarantee posted may be retained to ensure acceptable completion of all improvements.
2.
If the Municipal Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection d of this section within forty-five (45) days from receipt of the request, the obligor may apply to the Court in a summary manner for an order compelling the Municipal 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.
If the governing body fails to approve or reject the improvements determined by the Municipal 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 Municipal 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 complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection a of this section; and the cost of applying to the Court, including reasonable attorney's fees, may be awarded to the prevailing party.
3.
In the event that the obligor has made a cash deposit with the municipality or approving authority as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this paragraph 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.
f.
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.
g.
Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the Municipal Engineer.
h.
The obligor shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements; provided that the municipality 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 ($500.00) dollars or five (5) percent of the cost of improvements, which cost shall be determined pursuant to section 15 of P.L. 1991, c. 256 (C. 40:55D-53.4). For those developments for which the reasonably anticipated fees are less than ten thousand ($10,000.00) dollars, fees may, at the option of the developer, be paid in two (2) installments. The initial amount deposited by a developer shall be fifty (50) percent of the reasonably anticipated fees. When the balance on deposit drops to ten (10) percent of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall deposit the remaining fifty (50) percent of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are ten thousand ($10,000.00) dollars or greater, fees may, at the option of the developer, be paid in four (4) installments. The initial amount deposited by a developer shall be twenty-five (25) percent of the reasonably anticipated fees. When the balance on deposit drops to ten (10) percent of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall make additional deposits of twenty-five (25) percent of the reasonably anticipated fees. The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.
i.
In the event that final approval is by stages or sections of development pursuant to Subsection a of section 29 of P.L. 1975, c. 291 (C. 40:55D-38), the provisions of this section shall be applied by stage or section.
j.
To the extent that any of the improvements have been dedicated to the municipality on the subdivision plat or site plan, the municipal governing body shall be deemed, upon the release of any performance guarantee required pursuant to Subsection a of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Municipal Engineer.
k.
Inspection and tests.
1.
All improvements and utility installations shall be inspected during the time of their installation by the Township Engineer. On-site private improvements relating to drainage, landscaping and circulation as shown on an approved final subdivision or site plan shall also be subject to inspection and approval by the Township Engineer. The cost of said inspection shall be the responsibility of the owner, who shall deposit with the Township Treasurer a fee in accordance with the Township Fee Ordinance.
2.
In no case shall any improvements or utility installation be done without permission from the Township Engineer. At least two (2) working days' notice shall be given to the Township Engineer prior to any construction so that the Township Engineer or a qualified representative may be present at the time the work is to be done.
3.
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 the surveyor's monuments shall be among the last operations.
4.
The Township Engineer's office shall be notified after each of the following phases of the work has been completed so the work may be inspected:
5.
Inspection by the Township of the installation of improvements and utilities shall not operate to subject Hardwick Township to any future liability, including liability for claims or suits, that may arise because of defects or negligence during construction or at any time thereafter. The responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the owner and the owner's contractors, if any.
6.
Upon the completion or substantial completion of all required utility improvements and connection 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 of such notice to the Township Engineer. Within ten (10) working days following 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 total or partial rejection. The costs of the improvements as approved or rejected shall be set forth.
l.
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 street or drainage system or any other improvement, nor shall such approval obligate the Township in any way to exercise jurisdiction over such street or drainage system or other improvement. No improvement 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 complete 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 guarantee in an amount equal to not more than fifteen (15) percent of the cost of installing the improvements, to run for a period of two (2) years. The procedures and requirements governing such 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 (2) years from the date the Township Engineer certified completion of such improvements and during this period the owner has maintained the improvements in a satisfactory manner.
4.
The owner shall have provided an as-built plan and profiles of all utilities and roads (three (3) 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.
§ 13-92 MAINTENANCE GUARANTEES-LIMITATIONS.
[Ord. No. 96/4 § 13-92]
A municipality shall not require that a maintenance guarantee required pursuant to section 41 of P.L. 1975, c. 291 (C. 40:55D-53) be in cash or that more than ten (10) percent of a performance guarantee pursuant to that section be in cash. At the developer's option, some or all of a maintenance guarantee may be in cash, or more than ten (10) percent of a performance guarantee in cash.
§ 13-93 APPEAL PROCEDURE FOR DISPUTED GUARANTEE AMOUNTS.
[Ord. No. 96/4 § 13-93]
The cost of the installation of improvements for the purposes of section 41 of P.L. 1975, c. 291 (C. 40:55D-53) shall be estimated by the Municipal Engineer based on documented construction costs for public improvements prevailing in the general area of the municipality. The developer may appeal the Municipal Engineer's estimate to the governing body. The governing body shall decide the appeal within forty-five (45) days of receipt of the appeal in writing by the Municipal Clerk. After the developer posts a guarantee with the municipality based on the cost of the installation of improvements as determined by the governing body, legal action may be instituted within one (1) year of the posting in order to preserve the right to a judicial determination as to the fairness and reasonableness of the amount of the guarantee.
§ 13-94 PERFORMANCE GUARANTEE-ACCEPTANCE.
[Ord. No. 96/4 § 13-94]
The approving authority shall, for the purposes of section 41 of P.L. 1975, c. 291 (C. 40:55D-53), accept a performance guarantee or maintenance guarantee which is an irrevocable letter of credit if it:
a.
Constitutes an unconditional payment obligation of the issuer running solely to the municipality for an express initial period of time in the amount determined pursuant to section 41 of P.L. 1975, c. 291 (C. 40:55D-53);
b.
Is issued by a banking or savings institution authorized to do business in this State;
c.
Is for a period of time at least one (1) year; and
d.
Permits the municipality to draw upon the letter of credit if the obligor fails to furnish another letter of credit which complies with the provisions of this section thirty (30) days or more in advance of the expiration date of the letter of credit or such longer period in advance thereof as is stated in the letter of credit.
§ 13-95 ACCEPTANCE OF CERTAIN PUBLIC UTILITIES.
[Ord. No. 96/4 § 13-95]
If an approving authority includes as a condition of approval of an application for development pursuant to P.L. 1975, c. 291 (C. 40:55D-1 et seq.) the installation of street lighting on a dedicated public street connected to a public utility, then upon notification in writing by the developer to the approving authority and governing body of the municipality that (1) the street lighting on a dedicated public street has been installed and accepted for service by the public utility and (2) that certificates of occupancy have been issued for at least fifty (50) percent of the dwelling units and fifty (50) percent of the floor area of the nonresidential uses on the dedicated public street or portion thereof indicated by section pursuant to section 29 of P.L. 1975, c. 291 (C. 40:55D-38), the municipality shall, within thirty (30) days following receipt of the notification, make appropriate arrangements with the public utility for, and assume the payment of, the costs of the street lighting on the dedicated public street on a continuing basis. Compliance by the municipality with the provisions of this section shall not be deemed to constitute acceptance of the street by the municipality.
§ 13-96 OFF-TRACT IMPROVEMENTS.
[Ord. No. 96/4 § 13-96]
All off-tract improvements shall be made in accordance with the provisions of N.J.S.A. 40:55D-42.