Roxbury Township City Zoning Code

No building permit shall be issued in connection with a major subdivision and no certificate of occupancy shall be issued in connection with a major site plan until the approving board shall grant final approval. Except in circumstances where bonding of improvements is permitted under N.J.S.A. 40:55D-53, no final major subdivision plat or major site plan map shall be approved by the approving board until all public improvements have been completed, inspected, certified and approved by the Township Engineer and accepted by the Township Council and a maintenance guarantee has been filed and accepted by the Township Council in accordance with the requirements of this section.

The developer shall undertake no activity which will cause land disturbance on the site until the appropriate safety and stabilization guarantee in favor of the Township has been furnished. 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 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: (i) 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 (ii) work has not recommenced within 30 days following the provision of written notice by the municipality to the developer of the Township's intent to claim payment under the guarantee. 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 a developer by certified mail or other form of delivery providing evidence of receipt. 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. The amount of a safety and stabilization 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: $5,000 for the first $100,000 of bonded improvement costs, plus 2 1/2% of bonded improvement costs in excess of $100,000 up to $1,000,000, plus 1% of bonded improvement costs in excess of $1,000,000. 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 paragraph. 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.

Unless all public improvements have been installed the approving Board shall require that a performance guarantee be posted in favor of the Township in an amount not to exceed 120% of the cost of installation of those improvements required by the approval or a developer's agreement, ordinance, or regulation to be dedicated to the Township, and that have not yet been installed, which cost shall be determined by the Township Engineer in accordance with N.J.S.A. 40:55D-53.4. The following improvements must be completed or bonded: streets, pavement, gutters, curbs, sidewalks, street lighting, street trees, 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. 46:26B-1 through N.J.S.A. 46:26B-8, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements. The Board shall also require a performance guarantee for privately-owned perimeter buffer landscaping. 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. In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee," in favor of the Township in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought shall be released. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Township Engineer, or other municipal official designated by the Township Manager. At no time may the Township hold more than one guarantee or bond of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the Township Engineer or other official designated by the Township Manager upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.

The cost of the installation of improvements shall be estimated by the Municipal Engineer based on documented construction costs for public improvements prevailing in the general area of the municipality. The developer may appeal the Municipal Engineer's estimate to the County Construction Board of Appeals established under section 9 of P.L. 1975, c. 217 (C. 52:27D-127).

No maintenance guarantee shall be accepted nor shall any partial facility be accepted by the Township for any item which has further stages of work to be completed or which will need to be completed or which will need to be altered or re-worked in any manner due to the installation or connection of any other facility. Any improvements installed prior to final major subdivision or site plan application that do not meet Township standards shall be added to the performance guarantee.

Before accepting a performance guarantee, the Governing Body shall have the following:

After approval and acceptance of the performance guarantee by the Governing Body, a letter stating that fact shall be sent by the Governing Body to the applicable board before the board shall sign the final plats for filing with the County.

All improvements and utility installations shall be inspected during the time of their installation under the supervision of the Township Engineer to insure satisfactory completion. The Township Engineer shall be notified by the developer five (5) days in advance of the start of construction. The cost of the inspection shall be the responsibility of the developer. This non-refundable fee shall be in addition to the amount for the performance guarantee and shall be assessed against the escrow deposits specified in section 13-2.4 above. If the inspection costs exceed such funds, the developer shall deposit with the Township Chief Financial Officer additional sums upon notice from the Township Engineer.

In no case shall any paving work (including prime and seal coats) be done without prior permission from the Township Engineer so that a representative of the Township Engineer's Office may be present at the time the work is to be done. No underground installation shall be covered until inspected and approved. The Township Engineer's Office shall be notified after each of the following phases of the work has been completed so that the Township Engineer or a qualified representative may inspect the work: road subgrade, curb and gutter forms, curbs and gutters; road paving after each coat in the case of priming and sealing; drainage pipes and other drainage structures before back filling; shade trees and planting strips; street name signs; and monuments. Electrical, gas and telephone utility distribution supply lines installed by the utility companies are exempt from the above requirements. Shade trees shall not be planted until all grading and earth moving are completed.

Inspection by the Township of the installation of improvements and utilities by the developer shall not subject the Township to liability for claims, suits, or liability of any kind that may at the time arise because of defects or negligence, during construction, or at any time thereafter; it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the developer and his or her contractors or subcontractors, if any.

As-built plans and profiles of all utilities and roads with a certification by the applicant's engineer as to the actual location and construction.

A statement or affidavit from the developer that there are no liens or other legal encumbrances on any of the improvements or utilities proposed to be deeded to the Township.

A maintenance guarantee.

Deeds, free and clear of any encumbrances, for all streets, public easements, drainage and conservation easements, other lands dedicated to public use and any improvements to be dedicated or deeded to the Township or other public agency.

The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the Governing Body by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed one hundred twenty (120%) percent of the cost of the installation as determined as of the time of passage of the resolution.

Upon substantial completion of all required improvements, including streets and appurtenant utility improvements and the connection of same to the public system, the developer may request of the Governing Body in writing, by certified mail addressed in care of the Municipal Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimates prepared by the Municipal Engineer and appended to the performance bond, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the developer shall send a copy of the request to the Municipal Engineer. The request shall indicate which improvements have been completed and which improvements remained uncompleted in the judgment of the developer. Thereupon the Municipal 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 forty-five (45) days upon receipt of the developer's request.

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

The Governing Body by resolution shall either approve the improvements determined to be complete and satisfactory by the Municipal Engineer, or reject any or all of these improvements upon 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 said improvements except in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee. The resolution shall be adopted not later than forty-five (45) days after the receipt of the list and report prepared by the Municipal Engineer. Upon adoption of a resolution by the Governing Body, the developer shall be released from all liability pursuant to its performance guarantee with respect to those approved improvements, except for that portion adequately sufficient to secure completion of correction of the improvements not yet approved; provided that thirty (30%) percent of the amount of performance guarantee be posted may be retained to insure completion and acceptability of all improvements.

In the event that the developer has made a cash deposit with the municipality as part of the performance guarantee, then any partial reduction granted in the performance guarantee 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 guarantee.

The developer shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspections of improvements; provided that the municipality may require of the developer a deposit for all inspections in an amount not to exceed, except for extraordinary circumstances, the greater of five hundred ($500.00) dollars or five (5%) percent of the cost of improvements as calculated by the Municipal Engineer.

The Governing Body, by resolution, shall either approve, partially approve or reject the improvements on the basis of the report of the Municipal Engineer and shall notify the developer in writing, by certified mail, of the contents of the said report and the action of the Governing Body with relation thereto. Where partial approval is granted, the developer shall be released from all liability pursuant to its performance guarantee, except for that portion adequately sufficient to secure provision for the improvements not yet approved; provided that thirty (30%) percent of the amount of the performance guarantee posted may be retained to insure completion of all improvements. If the Governing Body fails to approve or reject the improvements determined by the Municipal Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within forty-five (45) days from the receipt of the Municipal Engineer's list and report, the developer 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 guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Municipal Engineer.

In the event that final approval is by stages or sections of developments, pursuant to C. 40:55D-38, the provisions of this section shall be applied by stage or section.

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 of other applicable local ordinances.

The final plat shall have been approved by the approving Board.

All improvements which the Township may require the posting of a maintenance guarantee under N.J.S.A. 40:55D-53 shall be required by the approving board, before being accepted by the Township, to be covered by a maintenance guarantee running in favor of the Township of Roxbury in the amount of 15% of the estimated cost of the improvements as estimated by the Township Engineer. Said maintenance guarantee shall run for a period of two years and provide for the proper repair and/or replacement of any such improvements during said period. The two-year period shall be from the date of the acceptance of the improvements by the Township, and no performance guarantee shall be released by the Township until such time as the maintenance guarantee herein required has been posted with the Township.

The developer shall present to the Township Attorney no later than fourteen (14) days prior to the Governing Body's meeting, any proposed restoration guarantee, performance guarantee or maintenance guarantee for his approval as to form and execution.

The Township Attorney shall notify the Township Clerk prior to the meeting whether the restoration guarantee, performance guarantee or maintenance guarantee is properly executed and in proper form and can be added to the agenda. If the said guarantee is approved by the Township Attorney, a resolution authorizing acceptance shall be prepared by the Township Attorney and forwarded to the Township Council for approval subject to final subdivision or site plan approval by the appropriate municipal approving authority.

The final approval of the municipal approving authority shall be conditioned upon acceptance by the Township Council of the performance or maintenance guarantee, as the case may be.

The Township Clerk shall forward to the appropriate municipal approving authority (Planning Board or Board of Adjustment) and to the Township Engineer, a certified copy of the Township Council's resolution of acceptance of the restoration guarantee, performance guarantee or maintenance guarantee, as the case may be.

No final map or plan shall be signed or filed until a certified copy of the Township Council's resolution accepting the guarantee is on file with the appropriate municipal approving authority.

No building permit shall be issued in connection with a major subdivision until the plat has received final approval and the applicant has posted the appropriate guarantee or installed the improvements and the plat has been duly filed in the County Clerk's office. No building permit shall be issued in connection with a major site plan until it has received preliminary approval and the applicant has installed the public improvements or posted the appropriate guarantee. No building permit shall be issued until the applicant has posted the appropriate restoration guarantee in accordance with Section 13-4.201.

In the event that the applicant proposes to install improvements prior to final subdivision or site plan approval, building permits may be issued only after installation, inspection and approval by the Township Engineer of all:

The Township Engineer shall certify in writing to the Construction Official that all required utility improvements, curbs and/or gutters and the intermediate course of the road have been installed, inspected and approved, and that the best interest of the Township require a delay for engineering reasons before the developer completes the other improvements. The developer shall post a cash bond in the amount approved by the Township Engineer for that portion of the improvements yet to be completed and for maintenance of those completed in the particular sections for which Certificates of Occupancy have been requested.

The developer shall notify each homeowner that he or she has deposited funds with the Township to guarantee the completion and maintenance of the required improvements, and a copy thereof, together with proof of service, shall be filed with the Construction Official. The maintenance guarantee shall remain in effect for two (2) years from the date of approval of the improvement by the Township Engineer.

Prior to the issuance of a Certificate of Occupancy for a lot or site awaiting landscaping, the developer shall have graded the land or lot to which the Certificate of Occupancy applies in a manner approved by the Township Engineer to ensure proper drainage and to have installed appropriate measures to prevent soil erosion and sedimentation.

A Temporary Certificate of Occupancy may be issued in connection with a major site plan where non-public improvements, which will not be turned over to the Township, remain incomplete, provided that a cash bond or irrevocable letter of credit shall be posted to assure the completion or installation of said private improvements; and provided further that the approving Board has determined that the deferral of the private improvements will not pose an unreasonable risk to public health and/or safety.

In the event that the road is not accepted by the Governing Body, no Certificate of Occupancy shall be issued unless the base course and drainage facilities for the road has been installed to the satisfaction of the Township Engineer and the applicant has posted a bond acceptable to the Township Attorney for the installation of the top course and shall execute a developer's agreement that requires maintenance of the road by the applicant, including but not limited to snow removal and repairs until the acceptance of the road by the Governing Body.

The performance guarantee for the uncompleted improvement remains in full force and effect in accordance with the terms of this Ordinance.

Upon the issuance of a Certificate of Occupancy for any building or structure on any new dedicated street or roadway which is open to the public or to which the public is invited, in a subdivision or development which is the subject of an application for development within the Township of Roxbury, and prior to the acceptance of such dedication by the Township, the developer shall be required to keep and maintain said streets or roadways free and clear of snow and ice, within six (6) hours of daylight after the same shall have fallen or be formed thereon, and the same shall be open to public use and shall permit access to police, fire fighting, and emergency vehicles in accordance herewith.

Each developer shall be required to post a separate cash performance guaranty for snow removal in the amount of one hundred ($100.00) dollars per one hundred (100) linear feet of road or one thousand five-hundred ($1,500.00) dollars whichever is greater. In the event of failure of the developer to satisfactory provide snow removal as required by A. above, the Township shall have the option to take the necessary actions and charge the cost of said snow removal against the cash performance guaranty, and the developer shall not seek compensation from the Township pursuant to N.J.S.A. 40:67-23.5. The costs incurred thereby shall be certified by the Governing Body by the Public Works Department, which certification shall be presented to an reviewed by the Governing Body. Such costs shall be computed so as to defray and meet the expenses incurred by the Township, including but not limited to, the costs of labor, materials and the costs to repair any and all injury or damage done to the roadway or occurring to same during such snow and ice removal operations, or caused thereby. Such costs shall be charged to and paid by the developer to the Township to replenish the cash performance guaranty, in the amount so certified, within ten (10) days of the receipt of a bill for the same. Upon acceptance of the subdivision improvements by the Township, the remaining cash performance guaranty balance shall be returned to the developer.

Sanitary Sewers. For distribution facilities, including the installation, relocation or replacement of collector, trunk and interceptor sewers and the installation, relocation or replacement of collector, trunk and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate share shall be computed as follows:

Roadways. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvement uncovered elsewhere, the construction or reconstruction of new or existing streets and other associated streets or traffic improvements, the applicant's proportionate cost shall be determined as follows:

Drainage Improvements. For the stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, rip rap or improved drainage ditches and appurtenances thereto and the relocation or replacement of other storm drainage facilities or appurtenances associated therewith, the applicant's proportionate share shall be determined as follows:

Water Supply. The applicant's proportionate share of water distribution facilities including the installation, relocation, or replacement of water mains, hydrants, valves, and appurtenances associated therewith shall be computed as follows:

In all of the above cases, the applicant shall be charged with the greater of: (i) the Developer's Cost computed in accordance with the applicable formula specified hereinabove, or (ii) the Minimum Pro Rata Share. The Minimum Pro Rata Share is the estimated cost of an improvement designed with the minimum capacity required solely to service the development.

In addition to the greater of the Developer's Cost or the Minimum Pro Rata Share computed in accordance with paragraphs A. through E. hereinabove, the applicant shall be charged with a reasonable cost escalation factor to be applied from the time of the determination of the pro-rata share to the time when the off-tract improvements are installed.

In all cases, developers shall be required to enter into an agreement or agreements with Roxbury Township in regard to off-tract improvements, in accordance with this Ordinance and any other ordinances, policies, rules and regulations of the Township of Roxbury, Morris County and the State of New Jersey and any departments, authorities or agencies thereof.

Where properties outside the subject tract will be benefited by the improvements, the Governing Body may require the applicant to escrow sufficient funds, in accordance with the section Off Tract Accounts, to secure the developer's pro rata share of the eventual cost of providing future structural improvements based upon the standards expressed herein.

Where properties outside the subject tract will benefit by the improvements, the Governing Body may determine that the improvement or improvements are to be installed by the municipality as a general improvement, the cost of which is to be borne as a general expense. If the Governing Body shall determine that the improvement or improvements shall be constructed or installed as a general improvement, the Governing Body may direct the Planning Board to estimate, with the aid of the Township Engineer or such other persons who 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 subject tract, will be specifically benefited thereby, and the subdivider or developer shall be liable to the municipality for such expense.

If the Governing Body shall determine that the improvement or improvements shall be constructed or installed as a local improvement, all or a part of the cost of which is to be assessed against properties benefited thereby in proportion to the benefits conferred by the improvements in accordance with Chapter 56 of Title 40 of the Statutes of the State of New Jersey, the developer may be required to sign an agreement acknowledging and agreeing to this procedure and, in addition, the Governing Body may require that the developer shall be liable to the municipality, in addition to the amount of any special assessments against the subject property for benefits conferred by the improvement or improvements, the difference between the total cost actually incurred and the total amount by which all properties, including the subject tract, are specially benefited by the improvements as the same may be determined by the Board of Improvement Assessors.

If the Governing Body shall determine that the improvements are to be constructed or installed by the applicant, such agreement may contain provisions, consistent with the standards in this Ordinance and any other rules, regulations or policies of the Township of Roxbury, County of Morris and the State of New Jersey and any departments, authorities or agencies thereof with jurisdiction therein, whereby the applicant shall be reimbursed by the municipality or otherwise, as a result of any participation fees, connection charges, charges paid in regard to developer's agreements with other applicants and the like, all in accordance with an agreement between the Governing Body and the applicant.

In determining the procedures to be followed in the event of the submission of a list and request from the Planning Board, the Governing Body shall be guided by the following standards and considerations:

The Township shall determine the Township's cost per hour of labor including benefits for the lowest paid Department of Public Works Laborer (the labor costs).

The Township shall determine the Township's cost of mowing the detention area once per month for six (6) months based upon the lowest responsible bid of three (3) solicited bids from private landscape contractors selected by the Township or if three (3) solicited bids cannot be obtained by as many solicited bids as can be obtained up to three (3) (the landscape costs).

The Township shall determine the Township's cost of cleaning out debris and silt from the detention basin assuming three hours of labor at the Township labor cost and three (3) hours usage of the manned Vac Haul at one hundred fifty ($150.00) dollars per hour. This total figure shall be divided by three (3) because this operation is designed to occur only once every three (3) years (silt removal cost).

The Township shall determine the cost of sidewalk snow removal (if there are any sidewalks in the development that are within the dedicated drainage facilities area) by utilizing six (6) hours of labor costs per year per two hundred (200) feet of sidewalk. The "six (6) hours" is determined by assuming one (1) hour to shovel a two hundred (200) foot sidewalk and an average of three (3) storms accumulating three to six (6) inches; one and a half (1-1/2) hours to shovel a two hundred (200) foot sidewalk and two (2) storms in which more than six (6) inches accumulate for a total of six (6) hours labor cost.

Determine the Developer payment by calculating the amount necessary to generate sufficient interest at six (6%) percent per year to annually pay for the annual total sum of the landscape cost, the silt removal cost and the snow removal cost by dividing the total of these costs by .06. Round this figure to the nearest $100, $50 or more being rounded up:

For example, assume the Township's labor cost is $41 per hour; the lowest responsible private landscape contractor bids $900 per year to cut the grass in the detention basin once per month for six months; three hours of labor at the Township labor rate of $41 ($123) plus $450 for three hours of manned Vac Haul for silt removal divided by three for a total of $191 annual cost; and a 200-foot sidewalk at six hours times $41 labor cost for a snow removal cost of $246 per year. The total cost would, therefore, equal $900 for landscaping; $191 for one-third the cost of silt removal which occurs once every three years; $246 for snow removal for a grand total of $1,337 per year in total maintenance cost at 6% interest divided $1,337 by .06 and arrive at a contribution amount of $22,283. Round this to the nearest hundred dollars or $22,300.