A.

Fee Schedule. Every application for development shall be accompanied by a check payable to the municipality in accordance with the following schedule:

Subdivisions

Site Plans

Other Application and Escrow Fees

* There is no additional charge for multiple variance applications.

B.

Payment for Professional Services.

1.

The Chief Financial Officer of the Township shall make all of the payments to professionals for services rendered to the Township or Approving Authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of the Municipal Land Use Law and this Ordinance. At the time of filing of an application for development, appeal or other matter pursuant to this Ordinance, the applicant shall pay to the Secretary of the Approving Authority a deposit, in accordance with the schedule in subsection A above, to be used to reimburse the Township for said professional services. Deposits shall be paid by cashier's check, certified check, bank money order or cash and shall be placed by the Township in an escrow account if required pursuant to Section 900C.1. Notwithstanding the above, if the Approving Authority determines that professional services are not required in order to process and review the application, no deposit shall be required.

2.

Schedule of Deposits. The initial deposit for payment of professional services shall be as set forth on the following schedule, provided that if the Secretary of the Approving Authority determines that a greater initial deposit than indicated on the following schedule is necessary to reimburse the anticipated cost of professional services on a particular application, such as circulation-intensive sites requiring the services of a traffic engineering consultant, the applicant shall be required to deposit said greater amount.

C.

Administration of Technical Review Deposits. Deposits received for professional services employed by the Township to review applications for development.

1.

Deposits to be Held in Escrow. Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the Township, 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 in this Ordinance, shall continue to be the property of the applicant and shall be held in trust by the Township. Deposits received pursuant to this Article shall be held in escrow and deposited in a banking institution or savings and loan association in New Jersey insured by an agency of the federal government, or any other fund or depository approved for such deposits by the State of New Jersey. Such deposits shall be placed 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.

2.

Depletion of Deposits. If an escrow account or deposit contains insufficient funds to enable the Township or Approving Authority to perform required application reviews, the Chief Financial Officer of the Township shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall, within a reasonable time period, post a deposit to the account in an amount to be agreed upon by the Township or Approving Authority and the applicant.

3.

Failure to Maintain Adequate Deposit. No application shall be deemed complete and no formal action shall be taken by the Approving Authority until the initial deposit required by subsection A above has been submitted. If the funds required by subsection A above, for professional services are not deposited in a timely manner, the Secretary of the Approving Authority shall notify the Approving Authority. No further action shall be taken on the application unless the deposits have been made by the applicant as required above. In the event that the time for action by the Approving Authority, or any extension thereof as required by this chapter, shall expire prior to the payment of the required deposits, the Approving Authority may, at its discretion, dismiss the application.

4.

Eligible Charges Against Deposit. All professional charges for review of an application for development review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. The following provisions shall apply:

a.

Application review charges shall be limited only to professional charges for review of applications, review and preparation of documents, and review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the Township;

b.

Review fees shall be charged only in connection with an application for development presently pending before the Approving Authority or upon review of compliance with conditions of approval or review of requests for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by any state governmental agency and not under Township jurisdiction except to the extent consultation with a state agency is necessary due to the effect of state approvals on the subdivision or site plan;

c.

The only costs that shall be added to any such charges in subsection C.4.a through b, above shall be actual out-of-pocket expenses of any such professionals or consultants, including normal and typical expenses incurred in processing applications and inspecting improvements;

d.

The Township or Approving Authority shall not bill the applicant or charge any escrow account or deposit authorized herein for any Township clerical or administrative functions, overhead expenses, meeting room charges or any other Township costs and expenses, except as provided for in this Section, nor shall a Township professional add any such charges to his bill;

e.

If the Township retains a different professional or consultant in the place of the professional originally responsible for development application review or inspection of improvements, the Township or Approving Authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the Township or Approving Authority shall not bill the applicant or charge the deposit or the escrow account for any such services.

5.

Rates of Payment for Professional Services. If the salary, staff support and overhead for a professional are provided by the Township, the hourly rate charged to the deposit from said professional shall be at 200% of the sum of the products resulting from multiplying the hourly base salary, which shall be established annually by ordinance, of each of the professionals by the number of hours spent by the respective professional on review of the application for development or inspection of the developer's improvements, as the case may be. For other professionals, the charge shall be at the same rate as all other work of the same nature by the professional for the Township when fees are not reimbursed or otherwise imposed on applicants or developers. Rates for professional services shall be in accordance with a schedule of professional fees filed annually with the Secretary of the Approving Authority and maintained in the office of the Township Clerk for public inspection.

6.

Vouchers for Payment of Professional Services. Each payment charged to a deposit for the review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional. The processing of vouchers shall be in accordance with the following:

a.

The voucher shall identify the personnel performing the service and for each date the services are performed, the hours spent to one-quarter-hour increments, the hourly rate and the expenses incurred;

b.

All professionals shall submit vouchers to the Chief Financial Officer of the Township on a monthly basis in accordance with the schedules and procedures established by the Chief Financial Officer of the Township;

c.

If the services are provided by a Township employee, the Township employee shall prepare and submit to the Chief Financial Officer of the Township a statement containing the same information as required on a voucher, on a monthly basis;

d.

The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the Township simultaneously to the applicant;

e.

The Chief Financial Officer of the Township shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis, if monthly charges exceed $1,000.

7.

Appeals of Charges. An applicant shall notify, in writing, the Township Committee, with copies to the Chief Financial Officer of the Township, the Approving Authority and the professional, whenever the applicant disputes the charges made by a professional for service rendered to the Township in reviewing applications for development, review and preparation of documents, or other charges made pursuant to the Municipal Land Use Law. The following shall apply:

a.

An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by subsection C.6.d above, except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within 60 days from receipt of the Township statement of activity against the deposit or escrow account required by subsection C.6.e above;

b.

The Township Committee, or its designee, shall, within a reasonable time period, attempt to re-mediate any disputed charges;

c.

If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals established under N.J.S.A. 52:27D-127 any charge to an escrow account or a deposit by any Township professional or consultant. An applicant or his authorized agent shall submit the appeal, in writing, to the County Construction Board of Appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the Township, Approving Authority and any professional whose charge is the subject of the appeal. The procedures followed by the County Construction Board of Appeals shall be as set forth in N.J.S.A. 40:55D-53.2b and c;

d.

An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually;

e.

During the pendence of any appeal, the Township or Approving Authority shall continue to process, hear and decide the application for development and to inspect the development in the normal course and shall not withhold, delay or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance and maintenance guaranties, the issuance of construction permits or certificates of occupancy or any other approval or permit because an appeal has been filed or is pending under this subsection. The Chief Financial Officer of the Township may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed;

f.

If a charge is disallowed after payment, the Chief Financial Officer of the Township shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of the Township, the professional or consultant shall reimburse the Township in the amount of any such disallowed charge.

8.

Refund of Deposits, Interest. Any of the funds remaining in the deposit upon completion of the purpose for which the deposit was made shall be returned to the applicant and the account shall be terminated. For deposits over $5,000 placed in an interest bearing account pursuant to this chapter, refunds of interest shall be made as follows:

a.

The Township shall not be required to refund an amount of interest paid on a deposit which does not exceed $100 for the year;

b.

If the amount of interest exceeds $100 for the year, 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 ⅓ of that entire amount, which shall be in lieu of all other administrative and custodial expenses.

9.

Procedure for Closing of Deposits and Escrow Accounts. The following closeout procedure shall apply to all deposits and escrow accounts established under the Municipal Land Use Law and this Ordinance.

a.

In the case of application review escrows and deposits, the closeout of deposits and escrow accounts shall commence after the Approving Authority has granted final approval and signed the subdivision plat or site plan or after the authority has denied the application or after the applicant has formally withdrawn the application.

b.

The applicant shall send written notice by certified mail to the Chief Financial Officer of the Township and the Approving Authority and to the relevant Township professional that the application is completed, denied or withdrawn or the improvements are completed, as the case may be.

c.

After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the Township within 30 days and shall send a copy simultaneously to the applicant.

d.

The Chief Financial Officer of the Township shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest in accordance with subsection C.8 above, shall be refunded to the developer along with the final accounting.

(Ord. 12-2007 § 1, 2007; Ord. 06-2005 § 1, 2005; Ord. 17-2004 § 8, 2004; Ord. 20-2002 § 17, 2002; Ord. 11-2000 (part), 2000)

(Ord. No. 03-2013, § 2, 4-9-2013)

For purposes of this section, the term "public improvements" shall include streets, grading, pavement, gutters, curbs, sidewalks, street lighting, street signs, shade trees, surveyor's monuments, fire prevention features, water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal (excluding individual subsurface sewage disposal systems intended to serve individual lots), drainage structures, soil erosion control features and sedimentation control devices, landscaping, public improvements of open space, and, in the case of site plans only, other on-site improvements.

A.

No final plat shall be approved by the approving authority until all improvements (onsite, offsite, and off-tract), for which a bond is required in the public interest, have been installed, inspected, and certified as approved and conforming to the requirements of this Ordinance and any other applicable law, including the conditions of preliminary approval by the Municipal Engineer and the approving authority, and a maintenance guarantee has been filed and accepted by the governing body in accordance with the requirements of this Section, or their installation shall have been provided for by a performance guarantee accepted and approved by the governing body in accordance with the requirements of this section. No maintenance guarantee shall be accepted nor shall any partial facility be accepted for any item which has further stages or work 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.

B.

The performance guarantee cost estimate shall be based on the cost of the installation of all improvements required for final approval or for the issuance of a zoning permit, as the case may be. In calculating such estimate, allowance shall be made for the cost of any prevailing wage determined pursuant to state or federal law if such wage would have to be paid by the Township or party under contract with it were the Township to install the improvements on default of the obligor on the guarantee. The performance guarantee cost estimates shall take into account improvements installed prior to application for approval that do not meet the standards of this Ordinance or other regulations.

C.

A performance guarantee cost estimate shall be submitted to the approving authority by the Township Engineer as part of his report on final plat review. The approving authority may request the Township Engineer to review and update this estimate from time to time, as required.

D.

The proposed performance guarantee required for final plat approval shall be submitted to the Township Engineer and Township Attorney for recommendations as to accuracy and form and then to the governing body for approval and acceptance by resolution.

1.

The portion of the performance guarantee consisting of cash or certified check shall be deposited with the Township by payment to the Township Treasurer. The Township Treasurer shall issue a receipt for such deposits and shall retain the deposits as security for completion of all requirements, to be returned to the developer on completion of all required work or, in the event of default on the part of the developer, to be used by the Township to pay the costs of completing the requirements. If the required improvements are not completed or corrected in accordance with the performance guarantee and the standards of the Township within the time stipulated by the approving authority, the obligor and surety for any bond shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected and, upon authorization by the governing body, the Township Attorney shall take the necessary steps to obtain such cost from the obligor and surety. The Township may, either prior to or after receipt of the process of the performance guarantee, complete such improvements.

2.

The total performance guarantee shall equal 120 percent of the performance guarantee cost estimate and shall include a time limit, not to exceed 2 years, for the proper and complete installation of the improvements for which the guarantee is given. Ninety percent of this total shall be in either cash, letter of credit, certified check, or surety bond, as specified above. The remaining 10 percent shall be in cash and shall be paid in like manner and under the same conditions as the security aforesaid. In the event of default, the 10 percent cash fund herein mentioned shall be first applied to the completion of the requirements and the additional cash, certified check, or surety bond shall thereafter be resorted to, if necessary, for the completion of the requirements. The surety bond or document submitted and approved with the cash or certified check may recite the foregoing provision. The Township Engineer's certification that the principal has satisfactorily installed or has defaulted in meeting the required standards of construction shall be the basis for governing body action which accepts or rejects the improvements, withholds approval, or extends the time allowed for installation of the improvements.

E.

The Township Clerk shall immediately notify the approving authority and the Township Engineer when the performance guarantee has been approved and accepted by the governing body.

F.

Prior to beginning construction, the developer shall arrange for a preconstruction conference between the developer, contractor, and Township Engineer. All improvements and utility installations shall be inspected during the time of their installation by the Township Engineer or his representative to ascertain satisfactory completion. The Township Engineer shall be notified by the developer 5 days in advance of the start of construction. The cost of said inspection shall be the responsibility of the developer. The developer shall deposit a certified check or bank money order with the Township Clerk in the amount stated below for the purpose of covering all reasonable inspection fees to be paid to the Township Engineer for the inspection of improvements.

1.

The deposit shall be in addition to the amount of the performance guarantee and all application fees and shall be computed as follows:

2.

The construction inspection fee deposit is to be calculated from the following tabulation based on the estimated cost of constructing the improvements (calculated in the same manner as a performance guarantee cost estimate), which estimate is to be prepared and submitted by the applicant's engineer and approved by the Township Engineer, with the concurrence of the approving authority.

3.

Improvements costs as estimated in this section shall include construction and installation costs of grading, pavement, drainage structures, storm sewers, sanitary sewers and other means of sewage disposal and facilities, water mains, fire protection features, streets, gutters, curbs, culverts, site lighting, shade trees, parking areas, landscaping, street signs, erosion control and sedimentation control devices, public improvements of open space, and other required improvements.

G.

The deposit shall be utilized to reimburse the Township for all reasonable inspection fees billed by the Township Engineer for the inspection of improvements. Prior to the utilization of any of such deposit for the reimbursement of such fees, the developer shall be notified in writing by the Township Engineer. If the developer objects to the amount of such fees as unreasonable, he shall notify the Engineer in writing of such objection within 10 days of the giving of such notice, otherwise he shall be deemed to have waived any right to object to the amount of such fees. In the event the developer objects, his objections shall be heard by the governing body who shall thereafter decide the amount of the fee and authorize payment to the Township Engineer. Any of the deposit not required for the reimbursement of the inspection fees shall be returned to the developer The developer shall reimburse the Township, however, for the amount of such reasonable inspection fees over and above the amount of the deposit.

H.

Electrical, gas, telephone, and all other utility installations installed by utility companies shall also be subject to the inspection requirements contained herein.

I.

A certificate of occupancy for occupancy of a building on a lot shall be issued only when the installation of curbs, utilities, functioning water supply, and sewage treatment facilities, necessary storm drainage to insure proper drainage of the lot and surrounding land, rough grading of lots, soil stabilization, and base course for the street and driveway are installed to serve the lot and structure for which the certificate is requested. It is permissible that streets not receive surface course paving until all heavy construction is completed. Shade trees shall not be planted until grading and earth moving is completed. Seeding of grass areas shall be in the final operation.

J.

Inspection by the Township Engineer of the installation of improvements and utilities shall not subject the municipality to liability for claims, suits, or liability of any kind that may arise because of defects or negligence, it being recognized that the responsibility to provide proper utilities and improvements and to maintain safe conditions at all times on all parts of the tract, whether construction is waiting to start, is in progress, or is completed, is the responsibility of the developer, not the Township Engineer.

K.

After completing the construction of the improvements covered by the performance guarantee, the developer shall prepare 2 sets of plans of the improvements and utility plans and the profiles amended to read "as constructed", which shall be submitted to the governing body. Upon substantial completion of all required utility improvements, and the connection of the same to any public system, the obligor may notify the governing body in writing by certified mail, addressed in care of the Township Clerk, of the completion of said improvements and shall send a copy of such notification to the Township Engineer. Thereupon, the Township Engineer shall inspect all of the improvements of which such notice has been given and shall, within 30 days of completing the inspection, report in writing to the governing body indicating either approval, partial approval, or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements, as approved or rejected, shall be set forth.

L.

The governing body shall either approve, partially approve, or reject the improvements on the basis of the report of the Township Engineer and shall notify the obligor in writing by certified mail of the content of said report and the action of said approving authority with relation thereto not later than 65 days after receipt of the required notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guarantee, except for that portion adequately sufficient to secure provision of the improvements not yet approved (provided that 30% of the amount of the performance guarantee posted may be retained to insure completion of all improvements). Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall be released from all liability pursuant to such performance guarantee for such improvements.

M.

If any portion of the required improvements is rejected, the approving authority may require the obligor to complete such improvements and, upon completion, the same procedure of notification, as set forth in this section, shall be followed.

N.

The approval of any plat under this Ordinance by the approving authority shall in no way be construed as acceptance of any street, drainage system, or other improvement required by this Ordinance, nor shall such plat approval obligate the Township in any way to maintain or exercise jurisdiction over such street, drainage system, or other improvement. Acceptance of any street, drainage system, or other improvement shall be implemented only by specific and appropriate action by the governing body.

O.

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 120% of the cost of installation as determined as of the time of the passage of the resolution.

P.

Maintenance Guarantee. No improvement shall be accepted by the governing body unless and until all of the following conditions have been met.

1.

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

2.

Except where waived as hereinafter provided, a maintenance guarantee shall have been posted with the governing body for a period of 2 years after final acceptance of the improvements in an amount equal to 15% of the cost of improvement. The requirement for a maintenance guarantee may be waived by the approving authority as to particular, or all, improvements where the Township Engineer has certified that such improvements have been in continuous use and satisfactorily maintained for some period of time, not less than one year from the date that the Township Engineer certified the completion of such improvements to the approving authority, such use and maintenance giving reasonable assurance that the maintenance guarantee can be waived.

Q.

Proviso. Notwithstanding the foregoing, in the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Township for such utilities or improvements.

(Ord. 11-2000 (part), 2000)

Prior to final approval of a subdivision or site plan as a condition of such approval, the approving authority may require, in accordance with the standards of this Ordinance and the Circulation Plan and Utilities Services Plan adopted as part of the Township Master plan, that the developer pay his prorata share of the cost of providing reasonable and necessary street improvements and water, sewerage, and drainage facilities, and easements therefor, located outside the property limits of the development; it being the intent that the developer be compelled to bear only that portion of the cost of such off-tract improvements bearing a rational nexus to the needs created by, and benefits conferred upon, the development. Such off-tract improvements shall be required as follows:

A.

Improvements to be Constructed at the Sole Expense of the Applicant. In cases where no property other than the property in the development will receive a special benefit thereby, the approving authority may require the applicant, as a condition of approval and at the applicant's expense, to provide for and construct such improvement(s) as if such were on-tract improvements in the manner provided hereafter and as otherwise provided by law.

B.

Other Improvements.

1.

In cases where the need for any off-tract improvement is necessitated by the proposed development and the approving authority determines that properties outside the development will also be benefitted by the improvement, the approving authority shall forward to the governing body a list and description of proposed off-tract improvements together with a request that the governing body determine and advise the approving authority of the procedure to be followed in the construction and installation thereof. The approving authority shall act upon the development application within the prescribed time period subject to:

a.

Receipt of the governing body's determination, or

b.

The passage of 30 days without a response from the governing body, except if the applicant consented to additional time for such response, the time for action shall be extended to include the additional time.

2.

The governing body, within 30 days after the receipt of such list and description, or any additional time consented to by the applicant, shall determine and advise the approving authority whether:

a.

The improvement or improvements are to be constructed or installed by the Township.

(1)

As a general improvement, the cost of which is to be borne as a general expense (except as hereinafter otherwise provided as to a contribution by the applicant); or

(2)

As a local improvement, all or part of the cost of which is to be specially assessed against properties benefitted thereby in proportion to benefits conferred by the improvements in accordance with law (except as hereinafter otherwise provided as to a contribution thereto by the applicant): or the improvements(s) are to be constructed or installed b the applicant under a formula for partial reimbursement as hereinafter set forth.

b.

If the governing body shall determine that the improvement(s) shall be constructed or installed under subsection B.2.a(1) herein above, the approving authority shall estimate with the aid of the Township Engineer, or such other persons as have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the proposed development, will be specifically benefitted thereby, and the applicant shall be liable to the Township for such excess. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the Improvement(s) in a manner consistent with the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above.

3.

If the governing body shall determine that the improvement(s) shall be constructed or installed under subsection B.2.a(2) of this section, the approving authority shall, as provided in subsection B.3 of this section, estimate the difference between the total costs and the total amount by which all properties to be benefitted thereby, including the development property, will be specially benefitted by the improvement, and the applicant shall be liable to the Township therefore, as well as for the amount of any special assessments against the development property for benefits conferred by the improvement(s). Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the Improvement(s) and the assessment of benefits arising therefore in a manner consistent with the obligation of the applicant with respect thereto, and proceedings under said ordinance shall be in accordance with law, except to the extent modified by the obligation of the applicant for any excess of total cost over total benefits conferred, as set forth above.

4.

If the governing body shall determine that the improvement(s) are to be constructed or installed by the applicant under subsection B.2.b of this section, the approving authority shall in like manner estimate the amount of such excess, and the applicant shall be liable to the Township therefore as well as for the amount of any special assessments against the development property for benefits conferred by the improvement(s). However, the applicant shall be enTitled to be reimbursed by the Township for the amount of any special assessment against property other than the development property of benefits conferred by the improvement(s), such reimbursement to be made if, as, and when the special assessments against such other property are received by the Township. Further, the governing body shall adopt an ordinance authoring and providing for the assessment against all properties, including the development property, of benefits conferred by the improvement(s), and proceedings under said ordinance shall be in accordance with law. However, any such assessment against the development property shall be marked paid and satisfied in consideration of the construction or installation fo the improvement(s) by the applicant.

(Ord. 11-2000 (part), 2000)

All ordinances or part of ordinances which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency. Upon the adoption of this Ordinance, the following are hereby repealed:

A.

The Ordinance creating a Planning Board in the Township of Tewksbury, adopted June 28, 1955.

B.

The Ordinance known as the Land Subdivision Ordinance of Tewksbury Township (1963) and all amendments and supplements thereto.

C.

The Ordinance known as the Zoning Ordinance of Tewksbury Township (1960) and all amendments and supplements thereto.

D.

The Development Regulations Ordinance of Tewksbury Township (1976), and all amendments and supplements thereto.

E.

Tewksbury Township Development Regulations Ordinances (1988), and all amendments and supplements hereto.

These regulations shall not be construed as abating any legal action by the Township now pending under, or by virtue of, prior existing subdivision, site plan, or zoning regulations; or as discontinuing, abating, modifying, or altering any penalty accruing or about to accrue; or as affecting the liability of any person, firm, or corporation; or as waiving any right of the Township under any section or provision existing at the time of adoption of this Ordinance. All applications for development made pursuant to lawful authority preceding the effective date of this Ordinance may be continued in accordance with the conditions of any preliminary or final approvals granted, the effective time limitations on those approvals, and such other rights and obligations as have accrued by virtue of those approvals and applicable law.

(Ord. 05-2003 § 8, 2003: Ord. 11-2000 (part), 2000)

A.

The provisions of this Ordinance shall be held to be minimum requirements. If there are any inconsistencies within this Ordinance, or if this Ordinance conflicts with any other ordinance, statute, rule or regulation, whichever provisions are more restrictive or impose higher standards shall control.

B.

Zoning district boundary lines are intended to follow street center lines, streams, and lot or property lines unless otherwise indicated by dimensions on the zoning map. Any dimensions shown shall be in feet, measured horizontally and measured from the street right-of-way line even if the centerline of that street serves as a zoning district line. The location of any disputed zoning district line shall be determined by the Board of Adjustment. Zoning district lines extend vertically in both directions from ground level.

C.

Where a zoning district line divides a lot, the zoning district line may be modified by the owner by moving the zoning district line up to the property line, provided the property line is within 50 feet of the zoning district line as shown on the zoning map. A use or structure permitted in the zoning district so extended shall thereafter be a permitted use or structure in the extended area. A zoning district line shall be altered only once by utilizing this section of the Ordinance after which the use shall be governed by the district in which it is located after the adjustment.

(Ord. 11-2000 (part), 2000)

A.

No site improvements such as, but not limited to, excavation or construction of public or private improvements shall be commenced, except in conformance with this Ordinance in accordance with plat approvals and the issuance of required permits.

B.

Prior to any change in the use or accessory use of any land or building where the changed use is affected by the requirements of this Ordinance, the developer or his authorized agent shall apply for a zoning permit, except that no zoning permit shall be required in any case in which the change in use will require a construction permit. The application for a zoning or construction permit shall be on forms to be provided by the Township and shall contain such information, sketches, plans, and data as may be required to determine compliance with this Ordinance. The Zoning Officer shall issue a zoning permit, or endorse the construction permit, if he determines that the proposed use conforms with the requirements of this Ordinance and any necessary subdivision, site plan or conditional use approval has been granted. No construction permit shall be issued pursuant to the New Jersey State Uniform Construction Code Act unless and until the Construction Official has determined that the proposed use and building conform fully to the provisions of this Ordinance and until any necessary subdivision, site plan, or conditional use approval has been granted. The applicant shall supply such sketches, maps, plans, deed description, or such other information as may be necessary to determine conformity with the requirements of this Ordinance.

C.

The Zoning Officer shall maintain a file of all permits granted, together with all applications, and shall make copies of the permits available to the agencies and officials designated by the Township Committee.

D.

It shall be unlawful to use or permit the use of any building or part thereof hereafter created, erected, changed, converted, altered, or enlarged, wholly or in part, until a certificate of occupancy shall have been issued by the Construction Official and no such certificate shall be issued unless the land, building, and use thereof comply with this Ordinance, all matters incorporated on the approved subdivision or site plan have been completed and certified by the Township Engineer, and the construction and applicable Board of Health codes are complied with.

E.

Certificate of Occupancy.

1.

With respect to any finally approved subdivision and/or site plan or subsection thereof, a certificate of occupancy for each use within the subdivision and/or site plan shall be issued only upon payment of all fees, the posting and continued effectiveness of any required performance and maintenance guarantees, upon compliance with all other applicable statutes, codes, ordinances and regulations, and upon completion of the following improvements for the lot in question and for that portion of the tract serving the use such as providing access to it, providing storm water facilities to control storm water flows to, through, and beyond the site in question, or similar services where the following improvements have been required as part of the subdivision and/or site plan approval:

a.

Curbs.

b.

All utilities.

c.

Water supply and sewerage treatment facilities, which shall be functioning and servicing each use for which a certificate of occupancy is being requested.

d.

Storm drainage facilities.

e.

Rough drainage facilities.

f.

Base course of the street(s) serving the property.

g.

Base course of driveways and parking areas.

2.

With respect to any individual residential lot within a subdivision, a certificate of occupancy shall be issued only upon the completion of the following improvements, in addition to those listed in subsection E.1 of this section, to the extent the same are required as part of a subdivision approval:

a.

Sidewalks.

b.

Driveway aprons.

c.

Street names and traffic regulatory signs.

(Ord. 14-2007 (part), 2007; Ord. 11-2000 (part), 2000)

If any section, paragraph, clause, or other provision of this Ordinance shall be adjudged by the courts to be invalid, such adjudication shall apply only to the section, paragraph, clause, or provision so adjudged and the remainder of this Ordinance shall be deemed valid and effective.

(Ord. 11-2000 (part), 2000)

A.

In case any building or structure is erected, constructed, altered, repaired, converted, or maintained; or any building structure or land is used, in violation of this Ordinance; or any regulation made under authority conferred hereby, the proper local authorities of the Township or any interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.

B.

If, before any final subdivision approval has been granted, any person transfers or sells or agrees to transfer any land which forms a part of a subdivision for which municipal approval is required by this Ordinance, such person shall be subject to a penalty not to exceed two thousand dollars ($2,000.00) and each lot disposition so made may be deemed a separate violation.

C.

Any person convicted of a violation of any portion of this Ordinance (other than subsection B of this section) shall be punishable by a fine not exceeding two thousand dollars ($2,000.00), by imprisonment for a term not exceeding ninety (90) days, or by a period of community service not exceeding ninety (90) days, or by both such fine and imprisonment or community service.

Any person who is convicted of violating a provision of this Ordinance (other than subsection B of this section) within one year of the date of a previous violation of the same Ordinance provision, and who was fined for the previous violation, shall be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed by the court upon the person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the Ordinance provision, but shall be calculated separately from the fine imposed for the violation of the Code provision.

D.

In addition to the foregoing, the municipality may institute and maintain a civil action:

1.

For injunctive relief, and

2.

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.

(Ord. 11-2000 (part), 2000)

(Ord. No. 06-2012, 5-8-2012)

Subdivision approval pursuant to this Ordinance is required for subdivisions (except exempt subdivisions). The submittal of an application for site plan approval shall not limit the requirements for submission and approval of subdivisions as otherwise required by this Ordinance.

No subdivision plat shall be filed and no deed describing subdivided land requiring subdivision approval shall be recorded with the County Recording Officer until the required minor or final major subdivision approval has been obtained from the approving authority.

(Ord. 11-2000 (part), 2000)

No construction permit shall be issued for any new structure, a change of use of an existing structure or addition to an existing structure until a site plan has been reviewed and approved by the approving authority except for the following:

A.

Construction permits for individual lot applications involving only a detached one or two-dwelling unit building, except for those in a planned residential development as to which no final site plan approval has been granted;

B.

Accessory buildings as otherwise permitted for detached one- or two-family dwellings;

C.

Other buildings accessory to residential principal uses;

D.

Any change of use from one permitted principal use to another permitted principal use, if, in the opinion of the Administrative Officer, the parking and traffic circulation provisions existing on the site shall be adequate and sufficient for the proposed use;

E.

The alteration or repair of an existing building which is not either a detached one- or two-dwelling unit building upon determination by the Administrative Officer that the alterations or repair:

1.

Will not result in additional lot coverage whether by buildings or site improvements; except that a non-residential structure which increases the existing building coverage by 10% or less shall not require site plan approval if, in the opinion of the Administrative Officer, such addition or alteration shall not create nuisance problems to adjoining land uses;

2.

Will not increase the number of required off-street parking or loading spaces;

3.

Will conform to the maximum and minimum standards as set forth in Article VII; and

4.

Is not proposed in conjunction with a use requiring a conditional use permit.

F.

Facilities located on lands owned by the Township (whether owned by or subject to lease from the Township).

(Ord. 12-2021 § 1, 2021; Ord. 11-2000 (part), 2000)

In the construction of all improvements shown on any subdivision or site plan, approved by an approving authority under this Ordinance, or improvements required in the construction of development receiving such subdivision or site plan approval, the following measures shall be adhered to, consistent with the resolution of the approving authority granting any such approval:

A.

Work hours of such construction shall be limited to 7 a.m. to 5 p.m., Monday through Friday, and 8 a.m. to 4 p.m. on Saturday. No trucks or equipment may be started or tested except during these hours. No work shall take place on Sundays or holidays. Holidays, for the purposes of this subsection, are New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas. Emergency work may be performed at other times only with the approval of the Township Engineer or Township Administrator. The applicant or other party responsible for the construction work shall maintain personnel on the site, or available at a telephone number known to someone working on the site, to whom incidents of noise disturbance may be reported, and said personnel shall be authorized to take measures to minimize said disturbance immediately.

(Ord. 05-2003 § 8, 2003; Ord. 20-2002 § 18, 2002)

A.

Applicability.

1.

The Township of Tewksbury's Municipal Code, Chapter 15.10, "Affordable Housing Development Fees", sets forth the provisions for affordable housing development fees which continue to be applicable to those developments that are not subject to the Growth Share Fee Regulations contained herein.

2.

This subsection of the land use regulations of Tewksbury Township sets forth mechanisms by which developers shall provide for a fair share of affordable housing based on growth that is associated with development taking place within Tewksbury Township.

3.

Residential Development. Except as exempted in subsection B of this Section, all residential development that results in the construction of a net increase in new market-rate dwelling units in accordance with N.J.A.C. 5:94-1 et seq., shall be subject to the "growth share" provisions of this Section.

4.

Non-Residential Development. All non-residential development that results in a net increase in gross floor area of any existing non-residential structure or the construction of a new non-residential structure in accordance with N.J.A.C. 5:94-1 et seq., shall be subject to the "growth share" provisions of this Section.

B.

Exemptions.

1.

Developments that receive preliminary or final approval from the Planning Board and/or Board of Adjustment, as applicable, after January 1, 2004, and for which building permits have been issued pursuant to the preliminary or final approval granted.

2.

Inclusionary developments within the Rockaway Village Development District.

C.

Residential Growth Share Provisions.

1.

All residential development which results in the construction of one or more net new market-rate dwelling units in Tewksbury Township shall provide a payment in lieu of construction for one affordable unit for every 5 market rate units constructed. The amount of said payment shall be established by the per unit cost indicated in the Growth Share Payment in Lieu Pro Forma, available in the Tewksbury Township Clerk's Office.

2.

For developments divisible by 5, the amount of said payment shall be established by taking the total number of market-rate residential units being created, dividing the number of units by 5 and multiplying the result by the per unit cost indicated in the Growth Share Payment in Lieu Pro Forma, available in the Tewksbury Township Clerk's Office.

3.

For developments that result in a number of market-rate residential units not evenly divisible by 5, the amount of said payment shall be established by subtracting any whole multiples of 5 from the total number of market-rate residential units being created, dividing any remaining number of units by 5 and multiplying the resulting fraction and the number of whole multiples of 5 by the per unit cost indicated in the Growth Share Payment in Lieu Pro Forma, available in the Tewksbury Township Clerk's Office.

D.

Non-Residential Growth Share Provisions.

1.

A fee imposed on all construction resulting in non-residential development as follows:

a.

A fee equal to 2-½% of the equalized assessed value of the land and improvements for all new non-residential construction on an unimproved lot or lots; or

b.

A fee equal to 2-½% of the increase in equalized assessed value, of the additions to existing structures to be used for non-residential purposes.

The payment of the non-residential development fee shall be made prior to the issuance of a Certificate of Occupancy and no final Certificate of Occupancy shall be issued for any non-residential development until such time as the required fee imposed is paid.

2.

The non-residential development fee, as stated above, shall not be required of the Developer for any of the following developments:

a.

All non-residential property for which the Certificate of Occupancy was issued prior to July 17, 2008;

b.

Projects under redevelopment agreements executed in accordance with the Local Redevelopment and Housing Law prior to July 17, 2008, but only if the Redevelopment Agreement commits the Redeveloper to pay a fee for affordable housing of at least 1% of the equalized assessed value of the improvements which are the subject of the Redevelopment Agreement;

c.

Churches, Synagogues, Mosques, and other houses of worship;

d.

Property used for educational purposes which are tax-exempt;

e.

Parking lots and parking structures;

f.

Amenities to the public including, but not limited to, recreational facilities, community centers and senior centers;

g.

Non-profit hospitals or nursing home facilities;

h.

Projects located within an urban transit hub;

i.

Projects located within an eligible municipality when a majority of the project is located within one-half mile of the midpoint of a platform area for a light rail system;

j.

Projects determined by New Jersey Transit Corporation to be consistent with the transit village developed by a transit village designated by the New Jersey Department of Transportation;

k.

Agricultural structures.

E.

Payment in Lieu Provisions.

1.

All payments in lieu of constructing affordable housing shall be deposited by Tewksbury Township into an Affordable Housing Trust Fund established by Tewksbury Township in conformance with regulations established by COAH and shall at all times be identifiable from development fees. These funds shall be used by Tewksbury Township in accordance with regulations established by COAH to create affordable housing opportunities within the physical boundaries of Tewksbury Township.

2.

One-half of the payment in lieu shall be deposited by the developer with Tewksbury Township prior to the issuance of the required building permit. The balance of the payment in lieu shall be deposited by the developer with Tewksbury Township prior to the issuance of a Certificate of Occupancy.

(Ord. 16-2008 § 1, 2008; Ord. 10-2008 §§ 1, 2, 2008; Ord. 03-2006 § 1, 2006)

1.

An application for development submitted solely for the installation of EVSE or Make-Ready Parking Spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts and shall not require a variance pursuant to N.J.S.A. 40:55D-70.

2.

EVSE and Make-Ready Parking Spaces installed pursuant to development applications that are subject to site plan approval are considered a permitted accessory use as described in this chapter.

3.

All EVSE and Make-Ready Parking Spaces shall be subject to all applicable Township and Department of Community Affairs permit and inspection requirements.

4.

The Zoning Officer shall enforce all EVSE and Make-Ready Parking Space signage and installation requirements. Failure to meet the requirements of this chapter shall be subject to the same enforcement and penalty provisions as other violations of the Township's Development Regulations Ordinance.

5.

An application for development for the installation of EVSE or Make-Ready Parking Spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1 et seq., or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the Zoning Officer, provided the application meets the following requirements:

a.

the proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;

b.

all other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and

c.

the proposed installation complies with the construction codes adopted in or promulgated pursuant to the State Uniform Construction Code Act" (P.L. 1975, c.217), any safety standards concerning the installation, and any State rule or regulation concerning electric vehicle charging stations.

6.

An application pursuant to this chapter shall be deemed complete if:

a.

the application, including the permit fee and all necessary documentation, is determined to be complete,

b.

a notice of incompleteness is not provided within 20 days after the filing of the application, or

c.

a one-time written correction notice is not issued by the Zoning Officer, Construction Official or other Township officer within 20 days after filing of the application detailing all deficiencies in the application and identifying any additional information explicitly necessary to complete a review of the permit application.

7.

EVSE and Make-Ready Parking Spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.

8.

A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.

(Ord. 08-2021 § 2, 2021)