[Amended by Ord. No. 82-9; Ord. No. 83-34; Ord. No. 83-29; Ord. No. 84-4; Ord. No. 85-4; Ord. No. 85-14; Ord. No. 89-3; Ord. No. 89-6; Ord. No. 90-8; Ord. No. 91-23; Ord. No. 95-21; 3-15-2004 by Ord. No. 2004-5; 6-20-2005 by Ord. No.
2005-12; 5-15-2006 by Ord. No. 2006-08; 8-18-2008 by Ord. No.
2008-16; 10-4-2010 by Ord. No. 2010-10; 3-16-2020 by Ord. No. 2020-10]
A.
Every application for development, site plan review or variance shall
be accompanied by cash or certified check made payable to the Township
of Lower in accordance with the following schedule:
(1)
Subdivisions.
|
Type
|
Application Charge
|
Escrow Account
|
|---|---|---|
|
Sketch plat
|
$150
|
$200
|
|
Preliminary plat
|
$150 + $150 per lot
|
$80 per lot up to 10 lots; $40 each lot in excess of 10
|
|
Final plat
|
$750
|
$30 per lot
|
|
Minor subdivision
|
$450 + $150 per each newly described lot
|
$250 for first newly described lot; per lot in excess of one
lot
|
|
Revised plat
|
$750
|
$750
|
|
Tax Map updates
|
$75 per lot up to 20 lots; $15 each lot in excess of 20 lots
|
None
|
(2)
Site plans.
|
Type
|
Application Charge
|
Escrow Account
|
|---|---|---|
|
Preliminary plan
|
$750 + $75 per unit
|
$300 for first acre; $200 each additional acre or part thereof
|
|
Final plan
|
$1,125
|
$300 for first acre; $200 each additional acre or part thereof
|
|
Minor site plan waiver
|
$450
|
$200 for first acre; $50 for each additional acre or part thereof
|
|
Revised site plan
|
$750
|
$300
|
(3)
The applicant is responsible for any reasonable professional fees
connected with the review or inspection of the plan and/or site.
(4)
Dune review plan.
|
Type
|
Application Charge
|
Escrow Account
|
|---|---|---|
|
Dune review plan
|
$1,125
|
$400
|
(5)
Variances.
|
Type
|
Application Charge
|
Escrow Account
|
|---|---|---|
|
Appeals (N.J.S.A. 40:55D-70a)
|
$750
|
$150
|
|
Interpretation (N.J.S.A. 40:55D-70b)
|
$375
|
$150
|
|
Hardship (N.J.S.A. 40:55D-70c)
|
$300
|
$150
|
|
Use (N.J.S.A. 40:55D-70d)
|
$400 first unit/lot; $200 additional unit/lot
|
$150
|
|
Permit (N.J.S.A. 40:55D-34 and 40:55D-35)
|
$750
|
$150
|
|
Exceptions (waiver of design standards, N.J.S.A. 40:55D-51)
|
$300
|
$150
|
|
Extension of approval
|
$150
|
None
|
B.
The application charge for subdivision and site plan is a flat fee
to cover administrative expenses. The escrow account is established
to cover the costs of professional services, including engineering,
legal and other expenses, connected with the review of the submitted
materials. Sums not utilized in the review process shall be returned
to the applicant. If additional sums are deemed necessary, the applicant
shall be notified of the required additional amount and shall add
such sum to the escrow. Final approval is contingent upon receiving
additional sums where applicable. (The escrow account schedule is
only an estimate based on average costs.)
C.
Where an application for development includes several approval requests,
the total sum of all of the individual required fees shall be paid.
D.
Each applicant for sketch plat, preliminary or final subdivision
or site plan approval shall agree, in writing, to pay all reasonable
costs for professional review of the application and for inspection
of the improvements required by the Board. Such costs must be paid
in full before any construction permit is issued, except in the case
of site plan review.
E.
If an applicant desires a certified court reporter, the cost of taking
testimony and transcribing it and providing a copy of the transcript
to the Township shall be at the expense of the applicant, who shall
also have the sole responsibility of arranging the court reporter's
attendance.
[Amended by Ord. No. 82-22; Ord. No. 84-4;
Ord. No. 91-28; Ord. No. 95-21; 6-4-2018 by Ord. No. 2018-09]
A.
Installation requirements; on-tract improvements.
(1)
Before recording final subdivision plats, the approving authority
shall require that the applicant shall have installed or shall have
furnished performance guarantees for the installation of on-tract
improvements in accordance with the Township's specifications as follows:
(a)
Streets;
(b)
Pavement;
(c)
Gutters;
(d)
Curbs;
(e)
Sidewalks;
(f)
Street lighting;
(g)
Street trees;
(h)
Surveyor's monuments, as shown on the final map and required
by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.;
repealed by Section 2 of P.L. 2011, c. 217) or N.J.S.A. 46:268-1 through
46:268-8;
(i)
Water mains;
(j)
Sanitary sewers;
(k)
Community septic systems;
(l)
Drainage structures;
(m)
Public improvements of open space; and
(n)
Any grading necessitated by the preceding improvements.
(2)
All such required improvements shall be certified by the Township
Engineer unless the applicant shall have filed a performance guarantee
sufficient in amount to cover the cost of all such improvements or
uncompleted portions thereof as estimated by the Township Engineer,
consistent with this article.
B.
Performance and maintenance guarantees.
(1)
Before filing of final subdivision plats or recording of minor subdivision
deeds or as a condition of final site plan approval or as a condition
to the issuance of a zoning permit pursuant to Subsection d of Section
52 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-65), or as a condition of
approval of a permit update under the State Uniform Construction Code
for the purpose of updating the name and address of the owner of property
on a construction permit, the Township shall require and shall accept
in accordance with the standards set forth hereinbelow and regulations
adopted pursuant to Section 1 of P.L. 1999, c. 68 (N.J.S.A. 40:55D-53a),
for the purpose of assuring the installation and maintenance of certain
on-tract improvements, the furnishing of a performance guarantee,
and provision for a maintenance guarantee as set forth in this section.
(a)
The developer shall furnish a performance guarantee in favor
of the Township in an amount not to exceed 120% of the cost of installation
of only those improvements required by an approval or developer's
agreement, ordinance, or regulation to be dedicated to a public entity,
and that have not yet been installed, which cost shall be determined
by the Township Engineer, according to the method of calculation set
forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4), for
the following improvements as shown on the approved plans or plat:
[1]
Streets;
[2]
Pavement;
[3]
Gutters;
[4]
Curbs;
[5]
Sidewalks;
[6]
Street lighting;
[7]
Street trees;
[8]
Surveyor's monuments, as shown on the final map and required
by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.;
repealed by Section 2 of P.L. 2011, c. 217) or N.J.S.A. 46:268-1 through
46:268-8;
[9]
Water mains;
[10]
Sanitary sewers;
[11]
Community septic systems;
[12]
Drainage structures;
[13]
Public improvements of open space; and
[14]
Any grading necessitated by the preceding improvements.
(b)
The developer shall also furnish a performance guarantee to
include, within an approved phase or section of a development, privately
owned perimeter buffer landscaping, as required by the Township Code
or imposed as a condition of approval. At a developer's option, a
separate performance guarantee may be posted for the privately held
perimeter buffer landscaping.
(c)
The Township Engineer shall prepare an itemized cost estimate
of the improvements covered by the performance guarantee, which itemized
cost estimate shall be appended to each performance guarantee posted
by the obligor.
(2)
The developer shall also furnish to the Township a safety and stabilization
guarantee in favor of the Township. At the developer's option, a safety
and stabilization guarantee may be furnished either as a separate
guarantee or as a line item of the performance guarantee. A safety
and stabilization guarantee shall be available to the Township solely
for the purpose of returning property that has been disturbed to a
safe and stable condition or otherwise implementing measures to protect
the public from access to an unsafe or unstable condition, only in
the circumstance that:
(a)
Site disturbance has commenced and, thereafter, all work on
the development has ceased for a period of at least 60 consecutive
days following such commencement for reasons other than force majeure;
and
(b)
Work has not recommenced within 30 days following the provision
of written notice by the Township to the developer of the Township's
intent to claim payment under the guarantee.
(c)
The Township shall not provide notice of its intent to claim
payment under a safety and stabilization guarantee until a period
of at least 60 days has elapsed during which all work on the development
has ceased for reasons other than force majeure. The Township shall
provide written notice to the developer by certified mail or other
form of delivery providing evidence of receipt.
(d)
The amount of a safety and stabilization guarantee for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000.
(e)
The amount of a safety and stabilization bond guarantee for
a development with bonded improvements exceeding $100,000 shall be
calculated as a percentage of the bonded improvement costs of the
development or phase of development as follows:
(f)
The Township shall release a separate safety and stabilization
guarantee to a developer upon the developer's furnishing of a performance
guarantee which includes a line item for safety and stabilization
in the amount required under this subsection.
(g)
The Township shall release a safety and stabilization guarantee
upon the Township Engineer's determination that the development of
the project site has reached a point that the improvements installed
are adequate to avoid any potential threat to public safety.
(3)
Prior to the release of a performance guarantee required pursuant
to this section, the developer shall post with the Township a maintenance
guarantee in an amount not to exceed 15% of the cost of the installation
of the improvements which are being released.
(a)
The developer shall post with the Township, upon the inspection
and issuance of final approval of the following private site improvements
by the Township Engineer, a maintenance guarantee in an amount not
to exceed 15% of the cost of the installation of the following private
site improvements, which cost shall be determined according to the
method of calculation set forth in Section 15 of P.L. 1991, c. 256
(N.J.S.A. 40:55D-53.4):
(b)
The term of the maintenance guarantee shall be for a period
not to exceed two years and shall automatically expire at the end
of the established term.
(4)
In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed or the improvements
are covered by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the Township for such utilities or improvements.
(5)
Regulations concerning performance guarantees.
(a)
The time allowed for installation of the bonded improvements
for which the performance guarantee has been provided may be extended
by the governing body by resolution. As a condition or as part of
any such extension, the amount of any performance guarantee shall
be increased or reduced, as the case may be, to an amount not to exceed
120% of the cost of the installation, which cost shall be determined
by the Township Engineer according to the method of calculation set
forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4) as
of the time of the passage of the resolution.
(b)
If the required bonded improvements are not completed or corrected
in accordance with the performance guarantee, the obligor and surety,
if any, shall be liable thereon to the Township for the reasonable
cost of the improvements not completed or corrected, and the Township
may either prior to or after the receipt of the proceeds thereof complete
such improvements. Such completion or correction of improvements shall
be subject to the public bidding requirements of the Local Public
Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.).
(c)
Upon substantial completion of all required street improvements
(except for the top course) and appurtenant utility improvements,
and the connection of same to the public system, the obligor may request
of the governing body, in writing, by certified mail addressed in
care of the Township Clerk, that the Township Engineer prepare, in
accordance with the itemized cost estimate prepared by the Township
Engineer and appended to the performance guarantee pursuant to this
section, a list of all uncompleted or unsatisfactory completed bonded
improvements. If such a request is made, the obligor shall send a
copy of the request to the Township Engineer. The request shall indicate
which bonded improvements have been completed and which bonded improvements
remain uncompleted in the judgment of the obligor. Thereupon the Township
Engineer shall inspect all bonded improvements covered by obligor's
request and shall file a detailed list and report, in writing, with
the governing body, and shall simultaneously send a copy thereof to
the obligor not later than 45 days after receipt of the obligor's
request.
[1]
The list prepared by the Township Engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed bonded improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each bonded improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory bonded improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A of this section.
[2]
The governing body, by resolution, shall either approve the
bonded improvements determined to be complete and satisfactory by
the Township Engineer, or reject any or all of these bonded improvements
upon the establishment in the resolution of cause for rejection, and
shall approve and authorize the amount of reduction to be made in
the performance guarantee relating to the improvements accepted, in
accordance with the itemized cost estimate prepared by the Township
Engineer and appended to the performance guarantee pursuant to this
section. This resolution shall be adopted not later than 45 days after
receipt of the list and report prepared by the Township Engineer.
Upon adoption of the resolution by the governing body, the obligor
shall be released from all liability pursuant to its performance guarantee
with respect to those approved bonded improvements, except for that
portion adequately sufficient to secure completion or correction of
the improvements not yet approved; provided that 30% of the amount
of the total performance guarantee and safety and stabilization guarantee
posted may be retained to ensure completion and acceptability of all
improvements. The safety and stabilization guarantee shall be reduced
by the same percentage as the performance guarantee is being reduced
at the time of each performance guarantee reduction.
[3]
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bond improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the Township may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of all bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the Township below 30%.
[4]
If the Township Engineer fails to send or provide the list and
report as requested by the obligor pursuant to this section within
45 days from receipt of the request, the obligor may apply to the
court in a summary manner for an order compelling the Township Engineer
to provide the list and report within a stated time and the cost of
applying to the court, including reasonable attorney's fees, may be
awarded to the prevailing party.
[5]
If the governing body fails to approve or reject the bonded
improvements determined by the Township Engineer to be complete and
satisfactory or reduce the performance guarantee for the complete
and satisfactory improvements within 45 days from the receipt of the
Township Engineer's list and report, the obligor may apply to the
court in a summary manner for an order compelling, within a stated
time, approval of the complete and satisfactory improvements and approval
of a reduction in the performance guarantee for the approvable complete
and satisfactory improvements in accordance with the itemized cost
estimate prepared by the Township Engineer and appended to the performance
guarantee pursuant to this section; and the cost of applying to the
court, including reasonable attorney's fees, may be awarded to the
prevailing party.
[6]
In the event that the obligor has made a cash deposit with the
Township or approving authority as part of the performance guarantee,
then any partial reduction granted in the performance guarantee pursuant
to this subsection shall be applied to the cash deposit in the same
proportion as the original cash deposit bears to the full amount of
the performance guarantee, provided that if the developer has furnished
a safety and stabilization guarantee, the Township may retain cash
equal to the amount of the remaining safety and stabilization guarantee.
(d)
If any portion of the required bonded improvements is rejected,
the approving authority may require the obligor to complete or correct
such improvements and, upon completion or correction, the same procedure
of notification, as set forth in this section shall be followed.
(e)
Nothing herein shall be construed to limit the right of the
obligor to contest by legal proceedings any determination of the governing
body or the Township Engineer.
(6)
Regulations concerning inspection fees.
(a)
The obligor shall reimburse the Township for reasonable inspection
fees paid to the Township Engineer for the foregoing inspection of
improvements, which fees shall not exceed the sum of the amounts set
forth hereinbelow. The Township shall require the developer to post
the inspection fees in escrow in an amount:
[1]
Not to exceed, except for extraordinary circumstances, the greater
of $500 or, except for extraordinary circumstances, the greater of
$500 or 5% of the cost of bonded improvements that are subject to
a performance guarantee under this section; and
[2]
Not to exceed 5% of the cost of private site improvements that
are not subject to a performance guarantee under this section, which
cost shall be determined pursuant to Section 15 of P.L. 1991, c. 256
(N.J.S.A. 40:55D-53.4).
(b)
For those developments for which the inspection fees total less
than $10,000, fees may, at the option of the developer, be paid in
two installments. The initial amount deposited in escrow by a developer
shall be 50% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Township Engineer
for inspections, the developer shall deposit the remaining 50% of
the inspection fees.
(c)
For those developments for which the inspection fees total $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited in escrow by a developer
shall be 25% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Township Engineer
for inspection, the developer shall make additional deposits of 25%
of the inspection fees.
(d)
If the Township determines that the amount in escrow for the
payment of inspection fees, as calculated hereinabove, is insufficient
to cover the cost of additional required inspections, the developer
shall deposit additional funds in escrow. In such instance, the Township
shall deliver to the developer a written inspection escrow deposit
request, signed by the Township Engineer, which informs the developer
of the need for additional inspections, details the items or undertakings
that require inspection, estimates the time required for those inspections,
and estimates the cost of performing those inspections.
(7)
In the event that final approval is by stages or sections of development pursuant to Subsection A of Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.
(8)
To the extent that any of the improvements have been dedicated to the Township on the subdivision plat or site plan, the governing body shall be deemed, upon the release of any performance guarantee required pursuant to Subsection A of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Township Engineer.
A.
Improvements to be constructed at the sole expense
of the subdivider. In cases where the need for an off-tract improvement
is created by the proposed subdivision or site plan and where no other
property owners receive a special benefit thereby, the Planning Board
may recommend to the governing body that it require the subdivider
or developer, as a condition of subdivision or site plan approval,
at the subdivider's or developer's expense, to acquire lands outside
of the subdivision or tract and improve and dedicate such lands to
the Township or the county or, in lieu thereof, require the subdivider
or developer to deposit with the Township a sum of money sufficient
to allow the municipality to acquire and to improve such lands.
B.
Other improvements.
(1)
In cases where the need for any off-tract improvement
is created by the proposed subdivision or site plan and where the
Planning Board determines that properties outside the subdivision
or tract will also be benefited by the improvement, the Planning Board
shall forthwith forward to the municipal governing body a list and
description of all such improvements, together with its request that
the governing body determine and advise the Board of the procedure
to be followed in the construction or installation thereof. The Planning
Board shall withhold action upon the subdivision or site plan until
receipt of the governing body's determination or until the expiration
of 60 days after the forwarding of such list and the description to
the governing body without such determination having been made, whichever
occurs sooner.
(2)
The governing body, within 60 days after receipt of
said list and description, shall determine and advise the Planning
Board whether:
(a)
The improvement or improvements are to be constructed
or installed by the municipality:
[1]
As a general improvement, the cost of which
is to be borne at general expense (except as hereinafter otherwise
provided as to a contribution thereto by the subdivider or developer);
or
[2]
As a local improvement, all or part of the cost of which is to be specially assessed against properties benefited thereby in proportion to benefits conferred by the improvements in accordance with Chapter 56 of Title 40 of the Revised Statutes (except as hereinafter otherwise provided as to a contribution thereto by the subdivider or developer); or
(b)
The improvement or improvements are to be constructed
or installed by the subdivider or developer under a formula for partial
reimbursement as hereinafter set forth.
(3)
If the governing body shall determine that the improvement or improvements shall be constructed or installed under Subsection B(2)(a)[1] above, the Planning Board shall estimate with the aid of the Municipal Engineer or such other persons as have pertinent information or expertise the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the subdivision or tract, will be specially benefited thereby, and the subdivider or developer shall be liable to the municipality for such excess. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements in a manner consistent with the obligation of the subdivider or developer for any excess of total cost over total benefits conferred, as set forth above.
(4)
If the governing body shall determine that the improvement or improvements shall be constructed or installed under Subsection B(2)(a)[2] above, the Planning Board shall, as provided in Subsection B(3) of this section, estimate the difference between the total costs to be incurred and the total amount by which all properties to be benefited thereby, including the subdivision property or tract, will be specially benefited by the improvement, and the subdivider or developer shall be liable to the municipality therefor, as well as for the amount of any special assessments against the subdivision property or tract for benefits conferred by the improvement or improvements. Further, the governing body shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements and the assessment of benefits arising therefor in a manner consistent with the obligation of the subdivider or developer with respect thereto, and proceedings under said ordinance shall be in accordance with Chapter 56 of Title 40 of the Revised Statutes, except to the extent modified by the obligation of the subdivider or developer for any excess of total cost over total benefits conferred, as set forth above.
(5)
If the governing body shall determine that the improvement or improvements are to be constructed or installed by the subdivider or developer under Subsection B(2)(b) above, the Planning Board shall in like manner estimate the amount of such excess, and the subdivider or developer shall be liable to the municipality therefor as well as for the amount of any special assessments against the subdivision property or tract for benefits conferred by improvement or improvements. However, the subdivider or developer shall be entitled to be reimbursed by the municipality for the amount of any special assessments against property other than the subdivision property or tract for benefits conferred by the improvement or improvements, and proceedings under said ordinance shall be in accordance with Chapter 56 of Title 40 of the Revised Statutes. However, any such assessment against the subdivision property or tract shall be marked paid and satisfied in consideration of the construction or installation of the improvement or improvements by the subdivider or developer.
(6)
If the governing body shall not adopt such an ordinance
or resolution within said time, the final subdivision layout or site
plan shall be designed accordingly, and the Planning Board shall thereupon
grant or deny final approval.
C.
Performance guarantee. The subdivider or developer
shall be required to provide, as a condition for final approval of
his subdivision or site plan application, a performance guarantee
running to the municipality as follows:
(1)
If the improvement is to be constructed by the subdivider or developer under Subsection A or B(2)(b) of this section, a performance bond with surety in an amount equal to the estimated cost of the improvement, or as to any part of said improvement that is to be acquired or installed by the municipality under said Subsection A, a cash deposit equal to the estimated cost of such acquisition or installation by the municipality;
(2)
If the improvement is to be constructed by the municipality as a general improvement under Subsection B(2)(a)[1] of this section, a cash deposit equal to the amount of the excess of the estimated cost of the improvement over the estimated total amount by which all properties, including the subdivision property or tract, will be specially benefited thereby; and
(3)
If the improvement is to be constructed by the municipality as a local improvement under Subsection B(2)(a)[2] of this section, a cash deposit equal to the amount referred to in the preceding subsection, plus the estimated amount by which the subdivision property or tract will be specially benefited by the improvement.
D.
Refund of deposit where improvements are not authorized
within three years. In any case in which a subdivider or developer
shall deposit money with the municipality for the completion of an
improvement that is to be constructed pursuant to this chapter by
the municipality, the subdivider or developer shall be entitled to
a full refund of such deposit if the governing body of the municipality
shall not have enacted an ordinance authorizing the improvement within
three years after the date all other subdivision improvements are
completed. The money shall be in an interest-bearing account, and
the principal and interest shall be returned to the developer if the
improvement is not installed.
E.
Deposit of funds. All moneys paid by a subdivider
or developer pursuant to this chapter shall be paid over to the Municipal
Treasurer who shall provide a suitable depository therefor. Such funds
shall be used only for the improvements for which they are deposited
or improvements serving the same purpose. A "suitable depository"
shall be defined as an insured, interest-bearing account.
F.
Redetermination of assessment upon completion of improvement.
Upon completion of off-tract improvements required pursuant to this
section, the subdivider's or developer's liability hereunder shall
be recalculated in accordance with the actual, as compared with the
estimated, cost of the improvements. To the extent that it shall decrease
the amount thereof, the municipality shall forthwith refund the amount
of such decrease to the subdivider or developer. In cases where improvements
are specially assessed against all benefited properties, recalculation
shall be made by the municipal assessing authority in the course of
the special assessment proceedings. In other cases, it shall be made
by the Municipal Engineer.
G.
Committee approval required. All estimates required
to be made by the Planning Board herein shall be reviewed and approved
by the governing body to final action thereon.
[Added by Ord. No. 88-3]
A.
In such cases where a subdivider or developer will
require the use of Township-maintained roadways to provide for the
servicing of his site by construction-related vehicles, and where
it has been determined by the Township Engineer that the transit of
said construction vehicles may reduce the service life of said Township
roadways, the Planning Board or, where applicable, the Zoning Board
of Adjustment, shall require, as a condition for final approval of
a subdivision or site plan application, the subdivider or developer
shall post a performance guarantee with the Township for such amount
as it may be determined to be necessary to restore the affected Township
roadways to their former useful life. In such case the Planning Board
or Zoning Board of Adjustment shall also designate, on an individual
case-by-case basis, those Township roadways which may be used by each
respective subdivider or developer for the transit of his construction-related
vehicles to and from the site, which transit plan once approved shall
be filed in the offices of the Township Clerk, Building Inspector
and Township Police Department.
B.
The amount of such performance guarantee shall be
established on a case-by-case basis by the Planning Board, through
consultation with the Township Engineer. Once established, the performance
guarantee shall be made payable to and deposited with Lower Township
and shall be in the form of cash or certified check. The Township
shall issue its receipt for such deposit and shall cause the same
to be deposited in a bank named by the Township in the name of the
Township. Said performance guarantee is to be used by the Township
to pay the cost and expense of the restoration of the applicable Township
roadways damaged by construction vehicular usage.
C.
Upon completion of said roadway restoration and certified
by Township Engineer, the subdivider's or developer's responsibility
thereunder shall be recalculated in accordance with the actual, as
compared to the estimated, cost of improvements; to the extent that
it shall decrease the amount thereof, the Township shall refund the
amount of such decrease to the subdivider or developer.
