Historic architectural. The conditional uses cited in the H/A District are subject only to the parking requirements as a special condition, as noted in Article VI.

Home occupation. See the standards set forth in § 130-36.

Hospitals, philanthropic or charitable uses. These uses shall be permitted only on collector or arterial roads as defined in the Master Plan. They shall be situated on lots no less than five acres in size. The traffic patterns shall not involve the use of minor streets for direct access or egress. The use shall be effectively buffered from adjoining residences.

Medical buildings and professional offices. The minimum lot size shall be 40,000 square feet. The use shall be permitted only on those lots which have frontage on and access limited to collector roads, as shown on the Township Master Plan, and the use shall be effectively buffered from adjoining residences.

Quasi-public buildings and recreation areas. Included in this category are houses of worship, social organizations, service clubs and similarly community-oriented uses of a nonprofit nature. "Recreation areas" includes those which are similar in use to public recreation facilities, thereby excluding from this category commercial recreation areas. The minimum lot size shall be three acres; consideration shall be given to the effect of lighting or activity centers on nearby residences; and quasi-public buildings not associated with recreation areas shall be located on collector or arterial roads, unless designed as part of a comprehensive development where the location is clearly noted and properly related to residential uses, both existing and proposed; and the use shall be effectively buffered from adjoining residences.

Service stations. The minimum lot size shall be 20,000 square feet, and the use shall conform to the standards established in § 130-51 of this chapter.

Utility structures and facilities. When located in a residential zoning district, as noted in Article VI of this chapter, utility structures and facilities are restricted to those needed to provide direct service. Adequate fencing and screening of facilities not located in a building shall be required, but no structure or facility shall be provided to avoid uncontrolled access. No minimum lot size shall be required, but no structure or facility shall be located closer than 50 feet to a property line unless the structure is designed to look like a residence, in which case it shall conform as nearly as possible to the standards of the district in which it is located. All interior areas designed for potentially noisy activities shall be sufficiently sound-insulated or separated from adjacent residential structures to avoid any noise nuisance. In residential and commercial districts, all major facilities and storage shall be enclosed in a structure, where feasible.

A cannabis retailer or an alternative treatment center, when authorized by the Planning Board as a conditional use, is subject to the following requirements

If final total square footage is unknown, fees and escrows shall be based upon the maximum floor area permitted under Township zoning ordinances.

For site plans involving expansion, additions and modifications of existing buildings, fees and escrow deposits shall be calculated on the area of the expansion, addition or modification only.

Development review fees for either subdivision or site plan applications may be proportioned to stages of submittals as approved by the Land Development Board.

Unexpended escrow deposits for sketch plats and concept plans shall be credited against escrow deposits due upon the filing of an application for development.

Within 45 days after the filing of an application for development, the appropriate board's designated official shall review the application to determine whether the escrow amounts set forth are adequate, including whether escrow fees should be charged for applications for which the escrow deposit is listed as "None Required." In conducting such review, the following criteria shall be considered:

If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow within 10 days of receipt of such notice for additional sums. Each applicant shall, prior to the application being deemed complete, submit to the Chief Financial Officer in cash or by certified check or money order the amount of additional escrow deposit determined by the appropriate Board's designated official to be due in accordance with this subsection and shall complete all forms as required by the appropriate Board's designated official. The Board having jurisdiction may make the continued current payment of all escrow fees due and to be due from the applicant under this chapter a condition of the approval of any application.

Where the amount of the escrow deposit exceeds $5,000, the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided herein, shall continue to be the property of the applicant and should be held in trust by the Township. Money deposited shall be held in escrow. The Township shall deposit said moneys in an approved lending or banking institution, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The Township shall notify the applicant, in writing, of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. The Township shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year. If the amount of interest exceeds $100, that entire amount shall belong to the applicant and shall be refunded to him by the Township annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the Township may retain for administrative expenses a sum equivalent to no more than thirty-three and one-third percent (33 1/3%) of that entire amount, which shall be in lieu of all other administrative and custodial expenses. In addition, all payments charged to the deposit shall be pursuant to vouchers from the Township's professionals stating the hours spent, the hourly rate and the expenses incurred. The municipality shall render a final accounting to the developer on the uses to which the deposit was put. Thereafter the municipality shall, upon written request, provide copies of the vouchers to the developer. The charge to the deposit shall be at the same rate as all other work of the same nature by the professional for the municipality.

If the applicant has failed to pay any amounts due under this chapter, the Township may:

In addition, all escrow charges which are due and owing shall become a lien on the premises with respect to which said charges are required and shall remain so until paid. Said overdue charges shall accrue the same interest from time to time as taxes upon real estate in the Township. The Township shall have the same remedies for the collection thereof with interest, costs and penalties as it has by law for the collection of taxes upon real estate. The applicant shall be responsible for all costs of collection of unpaid escrow fees, including attorneys fees at standard rates, and all costs.

The Board having jurisdiction may deny the application if the applicant has failed to pay any amounts due under this chapter.

In addition, no plat or site plan shall be signed nor shall any zoning permits, building permits, certificates of occupancy or any other types of permits be issued with respect to any approved application for development until all bills for reimbursable services, whether same be for escrows or inspection fees, have been received by the Township from professional personnel rendering services in connection with such application and payment has been approved by the governing body, unless the applicant shall have deposited with the Municipal Clerk an amount, agreed upon by the applicant and the municipal agency, likely to be sufficient to cover all reimbursable items; and upon posting said deposit with the Municipal Clerk, the appropriate maps or permits may be signed and released or issued to the developer. If the amount of the deposit exceeds the actual cost as approved for payment by the governing body, the developer shall be entitled to a return of the excess deposit, together with such interest as allowed by N.J.S.A. 40:55D-53.1; but if the charges submitted and approved by the governing body exceed the amount of the deposit, the developer shall be liable for payment of such deficiency, and, again, no zoning or building permits, certificates of occupancy or other permits shall be issued until said deficiency is satisfied.

The performance guaranty shall consist of the following minimum components:

If the required improvements are not completed or corrected in accordance with the performance guaranty or guaranties, 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 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.

Any performance guaranty issued pursuant to this section shall be equal to an amount not to exceed 120% of the cost of installation, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth at N.J.S.A. 40:55D-53.4 for improvements which the approving authority may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, as shown on the final map and 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. The Municipal Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guaranty, which itemized cost estimate shall be appended to each performance guaranty posted by the obligor.

The Township Engineer shall certify to the governing body that the principal has either satisfactorily installed the improvements in accordance with Subsections G and H of this section or that the developer has defaulted, which certification shall be the basis for the Township Committee's action in either accepting or rejecting the improvements, withholding approval or extending the time allowed for installation of the improvements.

Upon substantial completion of all required street improvements (except for the top course) and any appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the Township Committee, 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 guaranty issued pursuant to Subsection B of this section, a list of all uncompleted or all unsatisfactorily completed improvements. If such a request is made, the obligator 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 Township Committee, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.

The list prepared by the Township 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 guaranty relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to Subsection B of this section.

In case of any development street which is to be dedicated to the Township, the obligor shall employ the services of a testing laboratory to obtain cores of the street pavement, to test said cores for thickness, composition and density for each pavement material present and to provide a certified report of the results to the Township Engineer. The testing laboratory employed and the number and location of the cores shall be approved by the Township Engineer.

In the case of a development storm sewer pipe system which is to be dedicated to the Township, the obligor shall:

The Township Committee, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Township 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 guaranty relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to Subsection B of this section. Reductions shall first be made from the performance bond, letter of credit and cash components of the guaranty in the same proportions as they bear to the full amount of the guaranty. 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 Township Committee, the obligator shall be released from all liability, pursuant to its performance guaranty, 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 30% of the amount of the performance guaranty posted may be retained to ensure completion and acceptability of all improvements.

If the Municipal Engineer fails to send or provide the list and report, as requested by the obligor pursuant to Subsection G of this section, within 45 days from receipt of the request, the obligor may apply to a court of competent jurisdiction, 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 attorneys 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 guaranty 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 a court of competent jurisdiction 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 guaranty for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to Subsection B of this section; and the cost of applying to the court, including reasonable attorneys fees, may be awarded to the prevailing party.

In the event that the obligor fails to complete the improvements within the time required under the guaranty or the approvals, or within any extensions thereof granted by the governing body, and the governing body is required to demand payment under the letter of credit and/or performance bond, the 10% cash shall be first applied to the bidding, engineering and legal costs associated with completing the improvements, and the remaining 90%, whether same be by way of cash, letter of credit or surety bond, shall thereafter be resorted to, if necessary, for the completion of the improvements and any additional bidding, engineering and legal costs associated therewith. In the event that the performance guaranty is insufficient to cover all of said costs, the developer/applicant shall remain liable for any deficiencies.

The maintenance guaranty required under Subsection A of this section shall be posted with the governing body for a period not to exceed two years after final acceptance of the improvements, in an amount not to exceed 15% of the cost of the improvements, which cost shall be determined by the Township Engineer according to the method of calculation set forth at N.J.S.A. 40:55D-53.4, as supplemented and amended. 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 maintenance guaranty to another governmental agency, no maintenance guaranty shall be required for such utilities or improvements. The right of any developer or applicant to appeal the Engineer's estimate for purposes of calculating the maintenance guaranty shall be governed by the provisions of N.J.S.A. 40:55D-53.4, as amended and/or supplemented.

Any maintenance guaranty posted hereunder shall consist of a minimum of 10% of the guaranty being posted in cash with the municipality and the balance by way of irrevocable letter of credit pursuant to the provisions of N.J.S.A. 40:55D-53.5, as amended, and/or a maintenance bond in a form acceptable to the Township Solicitor.

Whenever the Township is requested to accept dedication of properties to be maintained for detention or retention basin purposes which shall result in the Township having to expend funds in the future maintenance of such properties, the Township shall, unless otherwise determined by the Township Committee, require that the property owner dedicating such property post with the Township funds which will defray the estimated costs of maintenance for a ten-year period.

The Township Engineer shall calculate the maintenance cost.

The estimated maintenance cost contribution for the ten-year period shall be deposited with the Township Clerk at the time other maintenance guarantees are posted for the project or acceptance of the lot by the municipality, whichever shall occur first.

For injunctive relief.

To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56, or any amendments or supplements thereto.

In the event that the Township institutes and maintains any such civil action as authorized in this section, it shall be entitled to reimbursement for all reasonable attorneys fees and costs incurred in the institution and prosecution of said civil action. In order to avail itself of this remedy, the Township must, except in cases of emergency, first give notice to the alleged violator of the Township's intention to institute suit at least 15 days prior to the filing of suit. Said notice shall be by regular and certified mail to the address last shown on the tax records and any other records that might be available to the Township to identify the proper address of the person charged with the violation. Said fifteen-day period shall be utilized to afford the person so charged with the opportunity to eliminate, correct or abate the violation.