Lower Township City Zoning Code
ARTICLE X
Fees for Conditional Uses, Guarantees, Bonds, Inspections and Off-Tract Improvements
§ 400-80 Fees.
[Amended by Ord. No. 82-9; Ord. No. 83-34; Ord. No. 83-29; Ord. No. 84-4; Ord. No. 85-4; Ord. No. 85-14; Ord. No. 89-3; Ord. No. 89-6; Ord. No. 90-8; Ord. No. 91-23; Ord. No. 95-21; 3-15-2004 by Ord. No. 2004-5; 6-20-2005 by Ord. No. 2005-12; 5-15-2006 by Ord. No. 2006-08; 8-18-2008 by Ord. No. 2008-16; 10-4-2010 by Ord. No. 2010-10; 3-16-2020 by Ord. No. 2020-10; 4-21-2025 by Ord. No. 2025-10]
A.
Every application for development, site plan review or variance shall be accompanied by cash or certified check made payable to the Township of Lower in accordance with the following schedule:
(1)
Subdivisions.
Type | Application Charge | Escrow Account |
|---|---|---|
Major Subdivision | ||
Sketch Plat | $150 | Resolution Fee: $200 |
Preliminary Plat | $200 + $200 per lot | $80 per lot up to 10 lots $40 each lot in excess of 10 lots Resolution Fee: $200 |
Final Plat | $950 | $50 per lot Resolution Fee: $200 |
Minor Subdivision | ||
Minor Subdivision | $500 + $200 for each newly described lot | $250 for first newly described lot $50 for each additional lot Resolution Fee: $200 |
Revised by Applicant | $950 | $750 |
Tax Map Update | ||
Tax Map Update Fee (Fee applies to both Minor & Major subdivision) Added to application charge | $100 per lot | None |
(2)
Site plans.
Type | Application Charge | Escrow Account |
|---|---|---|
Preliminary | $950 + $95 per unit | $800 for 1st acre $400 for each additional acre or part thereof Resolution Fee: $200 |
Final | $1,500 | $800 for 1st acre $400 for each additional acre or part thereof Resolution Fee: $200 |
Minor Site Plan Waiver | $650 | Engineering: Case/Case basis Resolution Fee: $200 |
Revised by Applicant | $950 | $500 |
(3)
Escrow fees. All escrow fees paid with the applications are estimated only. Actual total bill is subject to invoices generated by the Township Engineer for review and/or inspection. The applicant is responsible for any reasonable professional fees connected with the review or inspection of the plan and/or site.
(4)
Dune review plan.
Type | Application Charge | Escrow Account |
|---|---|---|
Dune Review Plan | $1,950 | $500 Resolution Fee: $200 |
(5)
Variances.
Type | Application Charge | Escrow Account |
|---|---|---|
Appeals (N.J.S.A. 40:55D-70a) | $750 | Resolution Fee: $200 |
Interpretation (N.J.S.A.40:55D-70b) | $375 | Resolution Fee: $200 |
Hardship (N.J.S.A. 40:55D-70c) | $300 | Resolution Fee: $200 |
Use (N.J.S.A. 40:55D-70d) | $400 first unit/lot $200 each additional unit/lot | Resolution Fee: $200 |
Permit (N.J.S.A. 40:55D-34&35) | $750 | Resolution Fee: $200 |
Exceptions (N.J.S.A. 40:55D-51) *Waiver of design standards | $300 | Resolution Fee: $200 |
Extension of Approval | $150 | Resolution Fee: $200 |
(6)
Other applications.
Type | Application Charge | Escrow Account |
|---|---|---|
Conditional Use | $950 | $300 Resolution Fee: $200 |
Informal Review | $575 | N/A |
Architectural Review | N/A | $300 |
Special Meeting at Applicant's Request | $1,125 | N/A |
Zoning Verification Letter | $195 | N/A |
Zoning Permit | $50 | N/A |
Certificate of Non-Conforming Use | $300 | Resolution Fee: $200 |
(7)
Note: If application includes combination of subdivision and/or site plan, and variances, only one $200 escrow fee for the resolution is required.
B.
The application charge for subdivision and site plan is a flat fee to cover administrative expenses. The escrow account is established to cover the costs of professional services, including engineering, legal and other expenses, connected with the review of the submitted materials. Sums not utilized in the review process shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow. Final approval is contingent upon receiving additional sums where applicable. (The escrow account schedule is only an estimate based on average costs.)
C.
Where an application for development includes several approval requests, the total sum of all of the individual required fees shall be paid.
D.
Each applicant for sketch plat, preliminary or final subdivision or site plan approval shall agree, in writing, to pay all reasonable costs for professional review of the application and for inspection of the improvements required by the Board. Such costs must be paid in full before any construction permit is issued, except in the case of site plan review.
E.
If an applicant desires a certified 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 also have the sole responsibility of arranging the court reporter's attendance.
§ 400-81 Guarantees and inspections.
[Amended by Ord. No. 82-22; Ord. No. 84-4; Ord. No. 91-28; Ord. No. 95-21; 6-4-2018 by Ord. No. 2018-09]
A.
Installation requirements; on-tract improvements.
(1)
Before recording final subdivision plats, the approving authority shall require that the applicant shall have installed or shall have furnished performance guarantees for the installation of on-tract improvements in accordance with the Township's specifications as follows:
(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, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.; repealed by Section 2 of P.L. 2011, c. 217) or N.J.S.A. 46:268-1 through 46:268-8;
(i)
Water mains;
(j)
Sanitary sewers;
(k)
Community septic systems;
(l)
Drainage structures;
(m)
Public improvements of open space; and
(n)
Any grading necessitated by the preceding improvements.
(2)
All such required improvements shall be certified by the Township Engineer unless the applicant shall have filed a performance guarantee sufficient in amount to cover the cost of all such improvements or uncompleted portions thereof as estimated by the Township Engineer, consistent with this article.
B.
Performance and maintenance guarantees.
(1)
Before filing of final subdivision plats or recording of minor subdivision deeds or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to Subsection d of Section 52 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-65), or as a condition of approval of a permit update under the State Uniform Construction Code for the purpose of updating the name and address of the owner of property on a construction permit, the Township shall require and shall accept in accordance with the standards set forth hereinbelow and regulations adopted pursuant to Section 1 of P.L. 1999, c. 68 (N.J.S.A. 40:55D-53a), for the purpose of assuring the installation and maintenance of certain on-tract improvements, the furnishing of a performance guarantee, and provision for a maintenance guarantee as set forth in this section.
(a)
The developer shall furnish a performance guarantee in favor of the Township in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval or developer's agreement, ordinance, or regulation to be dedicated to a public entity, and that have not yet been installed, which cost shall be determined by the Township Engineer, according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4), for the following improvements as shown on the approved plans or plat:
[1]
Streets;
[2]
Pavement;
[3]
Gutters;
[4]
Curbs;
[5]
Sidewalks;
[6]
Street lighting;
[7]
Street trees;
[8]
Surveyor's monuments, as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.; repealed by Section 2 of P.L. 2011, c. 217) or N.J.S.A. 46:268-1 through 46:268-8;
[9]
Water mains;
[10]
Sanitary sewers;
[11]
Community septic systems;
[12]
Drainage structures;
[13]
Public improvements of open space; and
[14]
Any grading necessitated by the preceding improvements.
(b)
The developer shall also furnish a performance guarantee to include, within an approved phase or section of a development, privately owned perimeter buffer landscaping, as required by the Township Code or imposed as a condition of approval. At a developer's option, a separate performance guarantee may be posted for the privately held perimeter buffer landscaping.
(c)
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.
(2)
The developer shall also furnish to the Township a safety and stabilization guarantee in favor of the Township. At the developer's option, a safety and stabilization guarantee may be furnished either as a separate guarantee or as a line item of the performance guarantee. A safety and stabilization guarantee shall be available to the Township solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that:
(a)
Site disturbance has commenced and, 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; and
(b)
Work has not recommenced within 30 days following the provision of written notice by the Township to the developer of the Township's intent to claim payment under the guarantee.
(c)
The Township shall not provide notice of its intent to claim payment under a safety and stabilization guarantee until a period of at least 60 days has elapsed during which all work on the development has ceased for reasons other than force majeure. The Township shall provide written notice to the developer by certified mail or other form of delivery providing evidence of receipt.
(d)
The amount of a safety and stabilization guarantee for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000.
(e)
The amount of a safety and stabilization bond guarantee for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows:
[1]
For the first $100,000 of bonded improvement costs: $5,000; plus
[2]
Two-and-a-half percent of bonded improvement costs in excess of $100,000 up to $1,000,000; plus
[3]
One percent of bonded improvement costs in excess of $1,000,000.
(f)
The Township shall release a separate safety and stabilization guarantee to a developer upon the developer's furnishing of a performance guarantee which includes a line item for safety and stabilization in the amount required under this subsection.
(g)
The Township shall release a safety and stabilization guarantee upon the Township Engineer's determination that the development of the project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.
(3)
Prior to the release of a performance guarantee required pursuant to this section, the developer shall post with the Township a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.
(a)
The developer shall post with the Township, upon the inspection and issuance of final approval of the following private site improvements by the Township Engineer, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements, which cost shall be determined according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4):
[1]
Stormwater management basins;
[2]
Inflow and water quality structures within the basins; and
[3]
The outflow pipes and structures of the stormwater management system, if any.
(b)
The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term.
(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 Township for such utilities or improvements.
(5)
Regulations concerning performance guarantees.
(a)
The time allowed for installation of the bonded 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 120% of the cost of the installation, which cost shall be determined by the Township Engineer according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4) as of the time of the passage of the resolution.
(b)
If the required bonded 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, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.).
(c)
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 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 pursuant to this section, a list of all uncompleted or unsatisfactory completed bonded 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 bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon the Township Engineer shall inspect all bonded improvements covered by 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 45 days after receipt of the obligor's request.
[1]
The list prepared by the Township Engineer shall state, in detail, with respect to each bonded 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 bonded improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each bonded 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 bonded improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A of this section.
[2]
The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Township Engineer, or reject any or all of these bonded 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 Township Engineer and appended to the performance guarantee pursuant to this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the total performance guarantee and safety and stabilization guarantee posted may be retained to ensure completion and acceptability of all improvements. The safety and stabilization guarantee shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction.
[3]
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bond improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the Township may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of all bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the Township below 30%.
[4]
If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to this section within 45 days from 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.
[5]
If the governing body fails to approve or reject the bonded improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 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 pursuant to this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
[6]
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, provided that if the developer has furnished a safety and stabilization guarantee, the Township may retain cash equal to the amount of the remaining safety and stabilization guarantee.
(d)
If any portion of the required bonded 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.
(e)
Nothing herein shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the governing body or the Township Engineer.
(6)
Regulations concerning inspection fees.
(a)
The obligor shall reimburse the Township for reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements, which fees shall not exceed the sum of the amounts set forth hereinbelow. The Township shall require the developer to post the inspection fees in escrow in an amount:
[1]
Not to exceed, except for extraordinary circumstances, the greater of $500 or, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements that are subject to a performance guarantee under this section; and
[2]
Not to exceed 5% of the cost of private site improvements that are not subject to a performance guarantee under this section, which cost shall be determined pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
(b)
For those developments for which the inspection fees total 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.
(c)
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 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 make additional deposits of 25% of the inspection fees.
(d)
If the Township determines that the amount in escrow for the payment of inspection fees, as calculated hereinabove, is insufficient to cover the cost of additional required inspections, the developer shall deposit additional funds in escrow. In such instance, the Township shall deliver 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.
(7)
In the event that final approval is by stages or sections of development pursuant to Subsection A of Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.
(8)
To the extent that any of the improvements have been dedicated to the Township on the subdivision plat or site plan, the 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 Township Engineer.
§ 400-82 Off-tract improvements.
A.
Improvements to be constructed at the sole expense of the subdivider. In cases where the need for an off-tract improvement is created by the proposed subdivision or site plan and where no other property owners receive a special benefit thereby, the Planning Board may recommend to the governing body that it require the subdivider or developer, as a condition of subdivision or site plan approval, at the subdivider's or developer's expense, to acquire lands outside of the subdivision or tract and improve and dedicate such lands to the Township or the county or, in lieu thereof, require the subdivider or developer to deposit with the Township a sum of money sufficient to allow the municipality to acquire and to improve such lands.
B.
Other improvements.
(1)
In cases where the need for any off-tract improvement is created by the proposed subdivision or site plan and where the Planning Board determines that properties outside the subdivision or tract will also be benefited by the improvement, the Planning Board shall forthwith forward to the municipal governing body a list and description of all such improvements, together with its request that the governing body determine and advise the Board of the procedure to be followed in the construction or installation thereof. The Planning Board shall withhold action upon the subdivision or site plan until receipt of the governing body's determination or until the expiration of 60 days after the forwarding of such list and the description to the governing body without such determination having been made, whichever occurs sooner.
(2)
The governing body, within 60 days after receipt of said list and description, shall determine and advise the Planning Board whether:
(a)
The improvement or improvements are to be constructed or installed by the municipality:
[1]
As a general improvement, the cost of which is to be borne at general expense (except as hereinafter otherwise provided as to a contribution thereto by the subdivider or developer); or
[2]
As a local improvement, all or part of the cost of which is to be specially assessed against properties benefited thereby in proportion to benefits conferred by the improvements in accordance with Chapter 56 of Title 40 of the Revised Statutes (except as hereinafter otherwise provided as to a contribution thereto by the subdivider or developer); or
(b)
The improvement or improvements are to be constructed or installed by the subdivider or developer under a formula for partial reimbursement as hereinafter set forth.
(3)
If the governing body shall determine that the improvement or improvements shall be constructed or installed under Subsection B(2)(a)[1] above, the Planning Board shall estimate with the aid of the Municipal Engineer or such other persons as 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 subdivision or tract, will be specially benefited thereby, and the subdivider or developer shall be liable to the municipality for such excess. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements in a manner consistent with the obligation of the subdivider or developer for any excess of total cost over total benefits conferred, as set forth above.
(4)
If the governing body shall determine that the improvement or improvements shall be constructed or installed under Subsection B(2)(a)[2] above, the Planning Board shall, as provided in Subsection B(3) of this section, estimate the difference between the total costs to be incurred and the total amount by which all properties to be benefited thereby, including the subdivision property or tract, will be specially benefited by the improvement, and the subdivider or developer shall be liable to the municipality therefor, as well as for the amount of any special assessments against the subdivision property or tract for benefits conferred by the improvement or improvements. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements and the assessment of benefits arising therefor in a manner consistent with the obligation of the subdivider or developer with respect thereto, and proceedings under said ordinance shall be in accordance with Chapter 56 of Title 40 of the Revised Statutes, except to the extent modified by the obligation of the subdivider or developer for any excess of total cost over total benefits conferred, as set forth above.
(5)
If the governing body shall determine that the improvement or improvements are to be constructed or installed by the subdivider or developer under Subsection B(2)(b) above, the Planning Board shall in like manner estimate the amount of such excess, and the subdivider or developer shall be liable to the municipality therefor as well as for the amount of any special assessments against the subdivision property or tract for benefits conferred by improvement or improvements. However, the subdivider or developer shall be entitled to be reimbursed by the municipality for the amount of any special assessments against property other than the subdivision property or tract for benefits conferred by the improvement or improvements, and proceedings under said ordinance shall be in accordance with Chapter 56 of Title 40 of the Revised Statutes. However, any such assessment against the subdivision property or tract shall be marked paid and satisfied in consideration of the construction or installation of the improvement or improvements by the subdivider or developer.
(6)
If the governing body shall not adopt such an ordinance or resolution within said time, the final subdivision layout or site plan shall be designed accordingly, and the Planning Board shall thereupon grant or deny final approval.
C.
Performance guarantee. The subdivider or developer shall be required to provide, as a condition for final approval of his subdivision or site plan application, a performance guarantee running to the municipality as follows:
(1)
If the improvement is to be constructed by the subdivider or developer under Subsection A or B(2)(b) of this section, a performance bond with surety in an amount equal to the estimated cost of the improvement, or as to any part of said improvement that is to be acquired or installed by the municipality under said Subsection A, a cash deposit equal to the estimated cost of such acquisition or installation by the municipality;
(2)
If the improvement is to be constructed by the municipality as a general improvement under Subsection B(2)(a)[1] of this section, a cash deposit equal to the amount of the excess of the estimated cost of the improvement over the estimated total amount by which all properties, including the subdivision property or tract, will be specially benefited thereby; and
(3)
If the improvement is to be constructed by the municipality as a local improvement under Subsection B(2)(a)[2] of this section, a cash deposit equal to the amount referred to in the preceding subsection, plus the estimated amount by which the subdivision property or tract will be specially benefited by the improvement.
D.
Refund of deposit where improvements are not authorized within three years. In any case in which a subdivider or developer shall deposit money with the municipality for the completion of an improvement that is to be constructed pursuant to this chapter by the municipality, the subdivider or developer shall be entitled to a full refund of such deposit if the governing body of the municipality shall not have enacted an ordinance authorizing the improvement within three years after the date all other subdivision improvements are completed. The money shall be in an interest-bearing account, and the principal and interest shall be returned to the developer if the improvement is not installed.
E.
Deposit of funds. All moneys paid by a subdivider or developer pursuant to this chapter shall be paid over to the Municipal Treasurer who shall provide a suitable depository therefor. Such funds shall be used only for the improvements for which they are deposited or improvements serving the same purpose. A "suitable depository" shall be defined as an insured, interest-bearing account.
F.
Redetermination of assessment upon completion of improvement. Upon completion of off-tract improvements required pursuant to this section, the subdivider's or developer's liability hereunder shall be recalculated in accordance with the actual, as compared with the estimated, cost of the improvements. To the extent that it shall decrease the amount thereof, the municipality shall forthwith refund the amount of such decrease to the subdivider or developer. In cases where improvements are specially assessed against all benefited properties, recalculation shall be made by the municipal assessing authority in the course of the special assessment proceedings. In other cases, it shall be made by the Municipal Engineer.
G.
Committee approval required. All estimates required to be made by the Planning Board herein shall be reviewed and approved by the governing body to final action thereon.
§ 400-83 Subdivider/developer responsibility for damage to Township roadways.
[Added by Ord. No. 88-3]
A.
In such cases where a subdivider or developer will require the use of Township-maintained roadways to provide for the servicing of his site by construction-related vehicles, and where it has been determined by the Township Engineer that the transit of said construction vehicles may reduce the service life of said Township roadways, the Planning Board or, where applicable, the Zoning Board of Adjustment, shall require, as a condition for final approval of a subdivision or site plan application, the subdivider or developer shall post a performance guarantee with the Township for such amount as it may be determined to be necessary to restore the affected Township roadways to their former useful life. In such case the Planning Board or Zoning Board of Adjustment shall also designate, on an individual case-by-case basis, those Township roadways which may be used by each respective subdivider or developer for the transit of his construction-related vehicles to and from the site, which transit plan once approved shall be filed in the offices of the Township Clerk, Building Inspector and Township Police Department.
B.
The amount of such performance guarantee shall be established on a case-by-case basis by the Planning Board, through consultation with the Township Engineer. Once established, the performance guarantee shall be made payable to and deposited with Lower Township and shall be in the form of cash or certified check. The Township shall issue its receipt for such deposit and shall cause the same to be deposited in a bank named by the Township in the name of the Township. Said performance guarantee is to be used by the Township to pay the cost and expense of the restoration of the applicable Township roadways damaged by construction vehicular usage.
C.
Upon completion of said roadway restoration and certified by Township Engineer, the subdivider's or developer's responsibility thereunder shall be recalculated in accordance with the actual, as compared to the estimated, cost of improvements; to the extent that it shall decrease the amount thereof, the Township shall refund the amount of such decrease to the subdivider or developer.
