Marlboro Township City Zoning Code

A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq., as amended, consisting of seven residents of the Township of Marlboro appointed by the Township Council to serve for terms of four years from January 1 of the year of their appointment. The terms of the members first appointed shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment, provided that the initial term of no member shall exceed four years. Thereafter, the term of each member shall be for four years. Nothing in this chapter shall, however, be construed to affect the term of any present member of the Zoning Board of Adjustment, all of whom shall continue in office until the completion of the term for which they were appointed.

No member of the Zoning Board of Adjustment may hold any elective office or position under the Township, except that one member may be a member of the Planning Board.

A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.

There shall be two alternative members appointed by the Township Council and designated by the Township Council as "Alternate No. 1" and "Alternate No. 2," each for a term of two years. Alternate members may participate in discussions of the proceedings but not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

Quorum. If the Zoning Board of Adjustment lacks a quorum because any of its regular or alternate members is prohibited by N.J.S.A. 40:55D-69 from acting on a matter due to the member's personal or financial interest therein, Class IV members of the Planning Board shall be called upon to serve, for that matter only, as temporary members of the Zoning Board of Adjustment. The Class IV members of the Planning Board shall be called upon to serve in order of seniority of continuous service to the Planning Board until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any personal or financial interest therein, whether direct or indirect. If a choice has to be made between Class IV members of equal seniority, the Chairman of the Planning Board shall make the choice.

No variance or other relief may be granted under the provisions of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the Zoning Plan and zoning regulations. An application under this section may be referred to any appropriate person or agency, including the Planning Board pursuant to this chapter, for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.

The Zoning Board of Adjustment shall have such powers as are granted by law to:

Whenever an application for development requests relief pursuant to Subsection B of this section, the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by the developer of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application, and a certificate of the Administrative Officer as to the failure of the Board of Adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.

Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Zoning Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time.

An application for development shall be complete for purposes of commencing the applicable time period when it conforms to the definition of a "complete application" as contained in the Municipal Land Use Law, Chapter 291 of the Laws of New Jersey 1975, as amended, and when the applicant complies with the requirements of the applicable checklist(s) set forth in § 220-8J below.

Requests for relief under Subsection B(2)(a), (b) and (c) of this section: three copies.

Requests for relief under Subsection B(2)(d) of this section: six copies.

Requests for relief under Subsection B(2)(f) of this section: 10 copies of the application plus number of copies of supporting documents and plats as required by this chapter for the types of applications and developments involved.

Completeness Checklist for Bulk Variance;

Completeness Checklist for Use Variance;

Completeness Checklist for Interpretation of Zoning Ordinance or Map or Decision on Special Question;

Completeness Checklist for Appeal of Decision by Zoning Officer; and/or

Compliance Checklist.

There is hereby established in the Township of Marlboro pursuant to the Municipal Land Use Law, as amended, a Planning Board of nine members consisting of the following four classes:

The members of Class IV shall hold no other municipal office, except that one member may be a member of the Zoning Board of Adjustment and one may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1, as amended, shall be a Class IV Planning Board member unless there be among the Class IV members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be a Class II member of the Planning Board.

Alternate members.

Quorum. If the Planning Board lacks a quorum because any of its regular or alternate members is prohibited from acting upon a matter due to the member's personal or financial interests therein, regular members of the Zoning Board of Adjustment shall be called upon to serve, for that matter only, as temporary members of the Planning Board, in order of seniority of continuous service to the Zoning Board of Adjustment, until there are the minimum number of members necessary to constitute a quorum to act upon the matter without any person or financial interest therein, whether direct or indirect. If a choice has to be made between regular members of equal seniority, the Chairman of the Zoning Board of Adjustment shall make the choice.

The term of the member composing Class I shall correspond to the Mayor's official tenure, or if the member is the Mayor's designee in the absence of the Mayor, the designee shall serve at the pleasure of the Mayor during the Mayor's official tenure. The terms of the members composing Classes II and III shall be for one year or terminate at the completion of their respective terms of office, whichever occurs first, except that the term of a Class II member or Class IV member who is also a member of the Environmental Commission shall be for three years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever occurs first.

The term of a Class IV member who is also a member of the Zoning Board of Adjustment or the Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his first Class IV term, whichever occurs first.

The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that to the greatest practicable extent the expiration of such terms shall be distributed evenly over the first four years after their appointment; provided, however, that no term of any member shall exceed four years, and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed. Thereafter, all Class IV members shall be appointed for terms of four years except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.

Except where a use variance is involved as outlined in § 220-8, Zoning Board of Adjustment, the Planning Board shall approve all subdivisions, site plans, planned development applications and conditional uses which conform to the provisions of this chapter, and the owner, developer or occupant is required to request such approval.

The Planning Board shall have the following authority:

Every Planning Board and Zoning Board shall, by its rules, fix the time and place for holding its regular meetings for business authorized to be conducted by such agency. Regular meetings of the municipal agency shall be scheduled not less than once a month and shall be held as scheduled unless canceled for lack of applications for development to process. The municipal agency may provide for special meetings at the call of the Chairman or on the request of any two of its members, which shall be held on notice to its members and the public in accordance with municipal regulations. No action shall be taken at any meeting without a quorum being present.

All action shall be taken by a majority vote of the members of the municipal agency present at the meeting except as otherwise required by the Municipal Land Use Law, Chapter 291, Laws of New Jersey 1975, as amended by Chapter 216, Laws of New Jersey 1979, or this chapter.

All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Law, Chapter 231, Laws of New Jersey 1975, as amended.

Rules. The Planning Board and the Zoning Board of Adjustment may make rules governing the conduct of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A. 40:55D-1 et seq., as amended, or of this chapter.

Oaths. The officer presiding at the hearing or such person as he may designate shall have the power to administer oaths or issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, P.L. 1963, c. 1938 (N.J.S.A. 2A:67A-1 et seq.), shall apply.

Testimony. The testimony of all witnesses relating to an application for development shall be taken under oath or affirmation by the presiding officer and the right of cross-examination shall be permitted to all interested parties through their attorneys, if represented, or directly, if not represented, subject to the discretion of the presiding officer and to reasonable limitations as to time and number of witnesses.

Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may exclude irrelevant, immaterial or unduly repetitious evidence.

Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer or mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense.

Fees: statutory maximums. A municipal agency, in furnishing a transcript of the proceedings to an interested party at his expense, shall not charge such interested party more than the maximum permitted in N.J.S.A. 2A:11-15. Said transcript shall be certified in writing by the transcriber to be accurate.

Certified court reporter. If any 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 arrange for the reporter's attendance.

Members absent for meetings: eligibility to vote. A member of a Planning Board or Zoning Board who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him the transcript or recording of all of the hearing from which he was absent and certifies in writing to the Board that he had read such transcript or listened to such recording.

Decisions reduced to writing. Each decision on any application for development shall be reduced to writing as provided in this subsection and shall include findings of fact and conclusions based thereon.

Denial of application. Failure of a motion to approve an application for development to receive the number of votes required for approval shall be deemed an action denying the application.

Resolution of memorialization.

All fence and shed installations shall require a zoning permit prior to the start of construction. Such permit shall be issued by the Zoning Officer or his/her designee.

All zoning permit applications shall be made to the Zoning Officer or his/her designee on forms provided by the office.

The application fee for the zoning permit is $35 and is in addition to any required construction permit fee.

Zoning permits shall be valid for a period of one year from the date of issuance.

Minor site plan review;

Minor subdivisions; and

Final approval of a subdivision, provided that this section shall not foreclose the right of the governing body to provide by ordinance that public notice must be given for such categories of site plan review as it may specify, and further provided that public notice shall be given in the event that any type of variance relief is requested pursuant to the zoning regulations or subdivision regulations of this chapter. For purposes of this chapter, the term "public notice" shall include a notice sign. Public notice shall be given as provided in this section.

Any maps and documents submitted for approval shall be on file and available for public inspection at least 10 days before the hearing date during normal business hours in the office of the Municipal Clerk.

The approving authority shall provide for the verbatim recording of the proceedings by either stenographic or mechanical or electronic means.

Each decision on any application shall be in writing and shall include findings of fact and conclusions based thereon.

A copy of the decision shall be mailed by the approving authority within 10 days of the date of the decision to the applicant, or if represented by an attorney, then to the attorney, and a copy shall also be filed in the office of the Administrative Officer. A brief notice of the decision shall also be published in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality, the publication of which shall be arranged by the Administrative Officer. The period of time in which an appeal of the decision may be made shall run from the first publication of the decision.

Public notices; notice signs.

The applicant shall be responsible for and shall bear the cost of providing the public notices (including notice signs) required by this section. Public notices shall be given at least 10 days prior to the hearing date. Public notice (other than by notice sign) shall be given by publication in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality. Notice signs shall contain the information required in § 220-11B(5) and shall satisfy the following requirements: The notice sign shall be between 32 square feet in area and 64 square feet in area; face a public street abutting the property which is the subject of the application; and be located not more than 30 feet from such street. The lettering on the notice sign shall be of such a type face and size as to be clearly visible to motorists and pedestrians in or on the abutting street. The notice sign shall remain until the applicable public body shall grant or deny final approval or the applicant shall withdraw the application. The notice sign shall comply with the provisions of this chapter applicable to signs to the extent not inconsistent with this section. Failure by an applicant to provide a notice sign as required by this section will constitute a violation of this Code subject to the penalties provided by § 4-3 of the Code.

Notice of a hearing requiring public notice pursuant to this chapter (other than a sign notice) shall be given to the owners of all real property, as shown on the current tax duplicate, located in the state and within 200 feet in all directions of the property which is the subject of such hearing, provided that this requirement shall be deemed satisfied by notice to the:

Notice shall be given by:

Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal regime, community trust or homeowners' association because of its ownership of common elements or areas located within 200 feet of the property which is the subject of the hearing may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.

Upon the written request of an applicant, the Tax Assessor of the municipality shall, within seven days, make and certify a list from said current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to this chapter. The applicant shall be entitled to rely upon the information contained in such list, and failure to give notice to any owner not on the list shall not invalidate any hearings or proceedings. A sum not to exceed $0.25 per name or $10, whichever is greater, shall be charged for such list.

Notice of hearings on applications for development involving property located within 200 feet of an adjoining municipality shall be given by personal service or certified mail to the Clerk of such municipality.

Public notices (other than notice signs) shall be given to owners of all real property, as shown on the current tax duplicate, located within 200 feet in all directions of the property which is the subject of such hearing. The notice shall be given by either serving a copy thereof on the property owner or mailing a copy thereof by certified mail to the property owner at his address as shown on said current tax duplicate; provided, however, that such notice requirement shall be deemed satisfied as set forth in § 220-11B(7).

Notice shall be given by personal service or certified mail to:

The presence or absence of public water and/or sewer servicing the site.

Environmental considerations, including but not limited to geological, hydrological and ecological factors.

Traffic impact of the proposed development.

Impact of the proposed development on existing aquifer and/or water quality.

All required maintenance, as set forth within this section, shall be in accordance with an approved maintenance plan as required under Code § 220-147 et seq.

For any development which requires a stormwater management facility as determined under Code § 220-147 et seq. and consists of more than two residential dwelling units, but less than 20 residential dwelling units, responsibility for maintenance for said stormwater facility shall be assigned to the Township. The maintenance fee for said stormwater facility shall be calculated as set forth under Subsection C(7) below and shall be for a period of 25 years.

For any development which requires a stormwater management facility as determined under Code § 220-147 et seq. and consists of more than 20 residential units, responsibility for maintenance of said stormwater management facility shall be assigned to a homeowners' association established for said development. The maintenance guarantee for said stormwater facility shall be posted on behalf of the homeowners' association and calculated in accordance with Subsection C(7) below for a period of 25 years.

For any development which requires a stormwater management facility as determined under Code § 220-147 et seq. and consists of one or more nonresidential uses, responsibility for maintenance of said stormwater management facility shall be assigned to the owner of the site. A maintenance guarantee for said stormwater facility shall be posted in accordance with Subsection C(7) below for a period of 25 years.

Responsibility for operation and maintenance of detention facilities, including periodic removal and disposal of accumulated particulate material and debris, shall remain with the owner or owners of the property, with permanent arrangements that it shall pass to any successive owner, unless assumed by a government agency. If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall designate for each project the property owner, governmental agency or other legally established entity to be permanently responsible for maintenance, hereinafter in this section referred to as the "responsible person."

Prior to granting final approval to any project subject to review under this section, the applicant shall enter into an agreement with the municipality (or county) to ensure the continued operation and maintenance of the detention facility. This agreement shall be in a form satisfactory to the Township Attorney and may include, but may not necessarily be limited to, personal guaranties, deed restrictions, covenants and bonds. In cases where property is subdivided and sold separately, a homeowners' association or similar permanent entity should be established as the responsible entity, absent an agreement by a governmental agency to assume responsibility.

An applicant seeking approval for construction of a detention facility shall provide the funds necessary to maintain the facility for a period of 25 years. The amount necessary to maintain the facility shall be calculated by the Planning Board Engineer and Director of Public Works based upon current estimates for maintenance with an annual increase of 4%. The Planning Board Engineer and Director of Public Works shall also assume that the investment will yield a return equal to the ninety-day certificate of deposit interest rate paid by the First Fidelity Bank or its successor on the date the calculation is made.

The form of security for the maintenance of the facility shall be approved by the Municipal Attorney.

In the event that the detention facility becomes a danger to public safety or public health or if it is in need of maintenance, the municipality shall so notify in writing the responsible person. From that notice, the responsible person shall have 14 days to effect such maintenance and repair of the facility in a manner that is approved by the Township Engineer or his designee. If the responsible person fails or refuses to perform such maintenance and repair, the municipality may proceed to do so and shall bill the cost thereof to the responsible person.

Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within the period prescribed shall constitute minor site plan approval.

Whenever review or approval of the application by the County Planning Board is required by Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor site plan approval was granted shall not be changed for a period of two years after the date of minor site plan approval.[1]

Bearing and distances.

North arrow, written and graphic scale.

Existing/proposed easement and dedications.

Existing/proposed building, pool, decks, patios, porches, sheds and accessory structures dimensions.

Existing/proposed sidewalks, driveways and retaining walls.

Building envelope graphically depicting and dimensioning zoning setback requirements and/or setbacks approved by the Board if (applicable).

Street name, right-of-way width, pavement width and composition of the street(s) fronting the lot.

The title block on the plot plan must include the property address, the block and lot number of the property in question and the name of the applicant.

Limits of clearing and soil disturbance. Show number of trees over nine inches diameter to be removed.

Existing trees to be protected and remain. Include tree replacement plan.

Location of wetlands, floodplains, stream encroachment lines and/or any other environmental constraints to the property. If there are no wetlands, then a note should be added to the plan stating that no wetlands exists on the subject property.

Sufficient street elevations including center line, gutter and top of curb (if applicable); existing and proposed lot elevations to include, at a minimum, property corners, midpoints of property lines, building corners and center of lot; the finished floor, basement and garage floor elevations of the proposed structure; and sidewalk elevations. Adjacent dwellings, corner elevations and topography within 25 feet of property lines. All elevations shall be according to the NGVD (National Geodetic Vertical Datum) and the source of datum so noted. Any specific circumstances for which elevation requirements cannot be met will be subject to review by the Township Engineer and Construction Official on a case-by-case basis. Under no circumstances shall individual lots be graded in such a manner as to redirect stormwater runoff onto an adjacent and/or downstream property or disturb or change the existing drainage patterns of an adjacent lot. Drainage flow arrows shall be provided to clearly depict the directions of stormwater runoff. No grading or the creation of sump conditions shall be permitted on adjacent lot(s) unless permission has been specifically granted, in writing, by the owner of said adjacent lot(s).

Location of any storm drainage pipes within 25 feet of the property including pipe size, grade and invert.

Lot grading shall be designed to provide positive runoff with grades at a minimum slope of 1.5%.

Swales designed to convey surface runoff shall be designed with suitable subgrade material containing well draining sand or gravel, stone, sand mix topsoil or other material acceptable to the Township Engineer. A construction detail shall be included on the plan.

Utility connections, including, but not limited to, water, sanitary sewer, gas, electric, telephone and cable.

Elevations, cross sections and dimensions of driveways and retaining walls.

Prior Board approval or waiver granted for construction in easements.

Other items that may be required by the Township Engineer for proper construction of the site.

Proof that the subject addition is not in a flood hazard zone.

A survey locating the existing dwelling and showing the proposed improvements.

A site inspection by a Township engineering inspector to verify that the proposed addition will not create drainage problems.

Single lot development. There shall be a fee of $100 per review of single lot redevelopment plans as well as $500 for inspections to prevent grading and/or drainage-type issues relative to adjacent parcels.

Building addition. There shall be a fee of $75 per review required for reviews of additions to existing structures as well as a fee of $75 per inspection.

For injunctive relief; and

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

No transfer of the land shall proceed unless and until the required variance shall have been granted. If the variance is granted, the developer shall present a certified copy of the Zoning Board of Adjustment resolution and approved plat to the Planning Board for Planning Board approval of the subdivision or site plan in accordance with all provisions of its regulations.

Such conditional approval shall expire unless the developer shall file an application with the Zoning Board of Adjustment for the required variance within 45 days following such conditional approval, and in any event the conditional approval shall expire if the Zoning Board of Adjustment denies the application. This time limit may be extended by the Planning Board for good cause shown.

The performance guaranty shall consist of the performance guaranty estimate and a performance bond in a form acceptable to the Township Engineer and Township Attorney, in which the developer shall be principal and an acceptable surety company licensed to do business in the State of New Jersey shall be surety, a certified check which shall be deposited with the Township of Marlboro by payment to the Township Chief Financial Officer, or an irrevocable domestic letter of credit in a form satisfactory to the Township Attorney. The Township Chief Financial Officer shall cause the certified check to be deposited in a bank approved by the governing body in the name of the Township of Marlboro, to be retained as security for completion of all requirements and to be returned to the developer upon completion of all required work or, in the event of a default on the part of the developer, to be used by the Township of Marlboro to pay the cost and expense of obtaining completion of all requirements. If the required improvements have not been installed or constructed in accordance with the standards of the Township or within the stipulated time, the obligor and/or surety, as provided by law, for the bond shall be liable thereon to the Township for the reasonable costs of the improvements or the uncompleted portions thereof, including engineering costs, and upon authorization by the governing body, the Township Attorney shall take the necessary steps to obtain such costs from the obligor and/or surety.

The total performance guaranty shall equal 120% of the cost of installation, which cost shall be determined by the Township Engineer in accordance with the method of calculation provided in N.J.S.A. 40:55D-53.4, as set forth herein, for improvements which the approving authority may deem necessary or appropriate.

Before recording a final subdivision plat, or before applying for a construction permit for a project for which subdivision or site plan approval has been granted, the developer of a residential housing project shall have filed with the Township a performance guarantee in an amount equal to 30% of the total estimated cost to the Township of constructing all residential private site work improvements as estimated by the Township Engineer. The purpose of the residential private site works performance guarantee is to assure that installation of such residential private site work improvements on or before an agreed date, guaranteeing the completion of all such residential private site work improvements without damage to or interference with adjacent properties or public facilities. In addition, the developer of a residential housing project shall hold the Township, the Township Council, Township Planning Board and Zoning Board of Adjustment and their employees and agents harmless with respect to any act of the developer, its agents, successors or assigns. The total estimated cost to the Township of constructing all such residential private site work improvements shall be based upon the estimated contract construction costs which would prevail upon expiration of the guarantee and shall also include appropriate allowances for contract-related costs such as engineering, legal, financial and other usual costs. Such performance guarantee may be in the form of cash, certified check, negotiable securities, a performance bond issued by a bonding or surety company approved by the Township Council or any other type of surety accepted to and approved by the Township Attorney and the Township Council. If at the time the performance guarantee is filed with the Township the developer has not also filed with the Township proof that necessary performance guarantees have been filed and accepted by other governmental bodies, authorities, public utility companies and private utility companies which have jurisdiction over improvements in the subdivision or residential development, the amount of the residential private site work improvement performance guarantee shall be increased to reflect the cost of such private improvements.

If the performance guarantee posted with and accepted by the Township is in a form other than cash, certified check or negotiable securities, the various offices of the Township having jurisdiction may require the developer to post a cash escrow with the Township Treasurer for the estimated cost of any residential private site work improvements which are uncompleted at the time the developer requests a certificate of occupancy, and which residential private site work improvements are within the jurisdiction of their respective offices.

Residential private site work shall include driveways, curbing, walkways, water distribution facilities, sanitary sewage facilities, storm drainage facilities, finished grades of site work and landscaping. Residential private site work excludes any buildings and other work included in the Uniform Construction Code, utilities to be owned by a public utility or work under the jurisdiction of another governmental entity over which the Township has no control.

Township officials may, in their discretion, require the applicant to place a cash escrow with the Township, in addition to this performance bond, at the time of application for certificate of occupancy for any uncompleted residential private site work not required for issuance of a certificate of occupancy.

The applicant shall provide, with the application for final submission approval or application to commence construction of residential private improvements or for site plan approval, a quantity take-off list, prepared by a licensed professional engineer, for the proposed residential private site work improvements.

Prior to beginning any site improvements, changes, grading, construction, residential private site work improvements or any other site work covered by this chapter, the developer shall arrange for a preconstruction conference between the developer, contractor and Township Engineer, at which time inspection fees shall be paid if not previously paid. All improvements, including residential private site work improvements, shall be inspected during the time of their installation under the supervision of the Township Engineer to ensure satisfactory completion. The Township Engineer shall be notified by the developer 14 days in advance of the start of initial construction and five days in advance of all subsequent phases of construction if a time period of five days has lapsed since the date of last inspection. The cost of said inspection shall be the responsibility of the developer. The developer shall reimburse or pay to the municipality and to the inspection agency designated by the municipality, as the case may be, all reasonable construction inspection fees in excess of the initial construction inspection fee, as covered below, by submitting a certified check or bank money order to the Municipal Clerk upon receipt of a bill from the municipality. This fee shall be in addition to the amount of the performance guaranty and all other fees covered by this chapter. The municipality may require that the developer submit a deposit for the inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, including residential private site work improvements, which cost shall be determined pursuant to Subsection B(2)(b). For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50% of the reasonably anticipated fees. When the balance on deposit drops to 10% 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 50% of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees. When the balance on deposit drops to 10% 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 25% 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.

Improvement costs, as estimated in this section, shall be defined to include material, construction and installation costs of grading, pavement, surveyors' monuments, drainage structures, storm sewers, sanitary sewers and other means of sewage disposal, water mains, fire-protection features, streets, gutters, curbs, culverts, sidewalks, streetlighting, shade trees, parking areas, landscaping, street signs, erosion control and sedimentation control devices, public improvements of open space and other on-tract and off-tract improvements. Residential private site work improvement costs as estimated in this section shall be defined to include material, construction and installation costs of driveways, curbing, walkways, water distribution facilities, sanitary sewage facilities, storm drainage facilities, finished grades of site work and landscaping.

Groundwater elevation testing. At the time of the payment of other fees due pursuant to this section, the developer shall pay a fee in connection with the application for a building permit in the amount of $120 for each and every building lot, or a total of $300 where multiple building lots are affected with a single structure. The purpose of this fee is to provide for inspections in order to determine the groundwater elevation and to determine compliance with § 220-35D(1)(a) and for no other purposes. In cases where multiple building lots are affected with a single structure, a minimum of two inspections shall be performed.

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 developer 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 guaranty pursuant to Subsection B(2)(a) of this section, a list of all uncompleted or unsatisfactorily completed improvements, If such a request is made, the developer shall send a copy of the request to the Planning Board and Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the developer. Thereupon, the Township Engineer shall inspect all improvements covered by the developer'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 developer not later than 45 days after receipt of the developer'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 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 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(2)(a) of this section.

The governing body, 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(2)(a) of 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 developer 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 performance guaranty posted may be retained to ensure completion and acceptability of all improvements. Agreement to the reduction of the performance guaranty in accordance with the provisions of this section shall not constitute approval or acceptance of any of the improvements by the governing body.

If the Township Engineer fails to send or provide the list and report as requested by the developer pursuant to Subsection L(1) of this section within 45 days from receipt of the request, the developer 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.

If the governing body fails to approve or reject the improvements determined by the Township 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 developer 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 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(2)(a) of this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

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

If any portion of the required improvements is rejected, the approving authority may require the developer 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.

The Township Engineer shall have certified in writing that all the improvements are complete and that they comply fully with the requirements of this chapter and other applicable local ordinances.

The developer has provided a maintenance guaranty in cash, surety bond or irrevocable letter of credit pursuant to N.J.S.A. 40:55D-53.5 in an amount equal to 15% of the cost of improvements, which cost shall be determined by the Township Engineer according to the method of calculation set forth in Subsection B(2)(b), and running for two years. The maintenance guaranty shall be in a form acceptable to the governing body and approved as to form and content by the Township Engineer and Township Attorney. In the event that other government agencies or public utilities automatically will own the utilities to be installed or that the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Township for such utilities or improvements. The posting of bonds and the payment of inspection fees may, however, be required separately by these agencies.

The developer has installed monuments and provided a sealed letter from its engineer or land surveyor to the Township Engineer certifying the presence in the ground of said monuments as shown on the final plans.

The developer has paid all outstanding inspection fees and fees estimated by the Township Engineer to cover inspections to be made during the period of coverage under the maintenance guaranty.

The developer has made all necessary payments to any department, utility or agency as required by the developer's agreement, Township Code, state statute or the resolutions of approval of the Planning or Zoning Board, including the payment of all taxes and fees due on the property.

The developer has provided a final release letter (certificate of compliance) from the Freehold Soil Conservation District for the overall site work.

The developer has filed as-built drawings with the Township Engineer's office, to include the following details, either on a single drawing or on a number of sheets:

The developer has prepared and recorded deeds of dedication with the County Clerk for the following: all open space or undeveloped properties dedicated to the Township, all lots containing stormwater facilities (detention, retention basins or other) which are to be owned and/or maintained by the Township, all easements (utility, sight triangle, conservation or other), any applicable affordability controls required by the approval, roadway right-of-way widening or alteration or other as determined by the Township.

It shall be the duty of the Zoning Officer appointed by the Township of Marlboro to administer and enforce this chapter. No structure shall be modified, extended, enclosed, constructed, reconstructed, structurally altered or erected until a building permit is obtained from the Building Inspector, for which a fee may be required as established by resolution of the Township Council. In no case shall a building permit be issued for the construction or alteration of any structure or site until the Building Inspector determines that the proposed construction or alteration conforms to the provision(s) of this chapter. It shall be the duty of the Zoning Officer and Building Inspector to cause any new or modified structures, plans, sites or premises to be inspected or examined and order the owner, in writing, that any condition be remedied which is found to exist in violation of any provisions of this chapter. The Building Inspector and/or Zoning Officer shall have the right to enter any structure or premises during the daytime in the course of his duties. It shall be the duty of the Building Inspector to keep a record of all applications and building permits which are either issued or denied, with notations of any conditions involved, which data shall form a part of the Township public records.

It shall be the duty of the Township Engineer to monitor all development activities concerned with approved subdivisions and site plans and, in case of any ordinance and/or plan violations, to promptly report to and require prompt corrective action by the developer, and to keep the Planning Board promptly and fully informed of such violations and corrective action so that further legal action may be taken if required.

Any property owner, resident, State of New Jersey licensed home improvement contractor, pursuant to N.J.S.A. 56:8-136 et seq., or other person regulated by the state as an architect, professional engineer, landscape architect, land surveyor, electrical contractor, master plumber, or any other person in any other related profession requiring registration, certification or licensure by the state, who is acting within the scope of practice of his profession (hereinafter collectively referred to as, "licensed professionals or contractors"), who fails to pay the required fee and obtain a permit pursuant to § 220-32A hereinabove, and who shall undertake or cause to undertake such construction work without a permit therefor shall be deemed to be in violation of this chapter. Such violations shall, upon conviction thereof, be punishable by a minimum fine of $250 for the first violation, $500 for the second violation and $1,000 for a third or subsequent violation, with the maximum fine not to exceed $2,000, or imprisonment or community service for a term not to exceed 90 days, or by both such fine and imprisonment or community service, in the discretion of the Municipal Court Judge. The continuation of such violation on each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation(s) may be punished as provided above for each separate offense.

Any licensed home improvement contractor or licensed professionals or contractors who are convicted of violating the provisions of this chapter with the date of the violation having taken place within one year of the date of a previous violation of this chapter, and who were fined pursuant to § 220-32C(1), shall be sentenced by the Marlboro Township Municipal Court to an additional fine(s) as a repeat offender. The additional fine(s) imposed for repeat offenders shall be calculated separately from the fine(s) imposed for such additional violation(s).

In accordance with the provisions of N.J.S.A. 40:49-5, the Township shall waive the imposition of additional fines as a repeat offender upon a property owner or resident for repeated violations of this chapter within a one-year period. Pursuant to § 220-32C(2), licensed home improvement contractors and licensed professionals or contractors shall be subject to additional penalties and fines for subsequent violations of this chapter within a one-year period as repeat offenders, each such subsequent violation to be deemed a separate offense, as set forth in § 220-32C(2).

The Municipal Court Clerk shall forward a copy of all convictions issued pursuant to violations of this chapter upon licensed home improvement contractors and licensed professionals or contractors to the New Jersey Department of Community Affairs.