[HISTORY: Adopted by the Township Council
of the Township of Washington 10-26-1995 by Ord. No. 26-1995 as Ch.
XXI of the 1994 Code. Amendments noted where applicable.]
A.
Title. This chapter shall be known as the "Washington
Township Site Plan Review Ordinance."
B.
Purpose. The purpose of site plan review is to determine whether the proposed use, building or structure, or addition to any building, structure or use, will conform to the revised statutes; Chapter 185, Zoning; Chapter 220, Subdivision of Land; and other applicable ordinances and requirements of the Township. Site plan review shall work towards the development of an aesthetically acceptable and well-ordered community serving the interest of the public health, safety and general welfare of the Township.
A.
Whenever a term is used in this chapter which is defined
in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning
set forth in the definition of such term found in that statute, unless
a contrary intention is clearly expressed from the context of this
chapter.
B.
APPROVAL, FINAL
APPROVAL, PRELIMINARY
BERM
BUFFER
BUILDING
DRAINAGE RIGHT-OF-WAY
EASEMENT
SITE PLAN
SITE PLAN, MINOR
The following specific words and terms are hereby
defined:
The official action of the Planning Board taken on a preliminary
approved site plan after all conditions, engineering plans and other
requirements have been completed or fulfilled and the required improvements
have been installed or guarantees properly posted for their completion,
or approval conditioned upon the posting of such guarantees.
The conferral of certain rights pursuant to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., prior to final approval,
after specific elements of a development plan have been agreed upon
by the Planning Board and the applicant.
A mound of soil on a site used as a view obstruction or to
vary the grade pattern, either natural or manmade.
An area within a property or site generally adjacent to and
parallel with the property line, consisting of either natural existing
vegetation or created by the use of trees, shrubs, fences and/or berms
designed to continuously limit view of the site from adjacent sites
or properties.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The dedicated lands required for the installation and/or
maintenance of storm sewers or drainage ditches or required along
a natural stream or watercourse for preserving the channel and providing
for the flow of water therein to safeguard the public against flood
damage. These lands shall not be used in the calculation of unit density.
An area granted for limited use of private land for a public
or quasi-public purpose, and within which the owner of the property
shall not erect any structure for which a construction permit is required.
A development plan of one or more lots on which is shown
all of the data and information required by this chapter, plus any
other information that may be reasonably required in order to make
an informed determination as a basis for a decision by the Planning
Board.
A site plan for a development requiring less than 10 parking
spaces as required in this chapter, containing less than 2,500 square
feet of floor area and not having more than 50% of lot coverage, provided
that the site plan application contains the information reasonably
required in order to make an informed determination as to whether
the requirements established in this chapter for approval of a minor
site plan have been met. Any site plan involving a planned development,
any new street, the extension of any off-tract improvement which is
to be prorated pursuant to N.J.S.A. 40:55D-42 shall be deemed a major
site plan. If storm drainage facilities, including but not limited
to detention basins, retention basins, inlets, piping or swales, are
to be constructed as part of a new site plan, or if existing drainage
facilities are to be modified or added to in any fashion, the site
plan application shall not be deemed a minor site plan.
[Added 12-14-2000 by Ord. No. 35-2000]
A.
Approval required. Prior to the excavation, grading
or clearing of land for other than agricultural purposes, or construction
or issuance of any permit by the construction official or zoning officer,
such construction or permit pertaining to any building, structure
or use within the Township, with the exception of one single-family
dwelling, site plan approval for the proposed grading, building, structure
or use must be obtained and no certificate of occupancy shall be issued
or occupancy take place until and unless all construction and required
improvements shall have been completed in conformity with the approved
site plan.
B.
Complete application. A complete application shall
consist of the following:
(1)
A properly completed application form furnished by
the Township or submission of all of the information required by such
form.
(2)
Payment of the requisite fees and escrows.
(3)
Proof that taxes for the subject property are current
and paid to date.
[Amended 3-12-2003 by Ord. No. 4-2003]
(4)
Plans and supporting documentation as required by
this chapter.
(5)
No application for development shall be deemed complete
if there are outstanding uncollected fees and escrows resulting from
past application or prior submissions involving the property in question
or any part thereof, including the base tract, and no application
shall be deemed complete if there are outstanding taxes.
C.
Hearing date. No date for hearing shall be set until
the administrative officer of the Board certifies the application
as complete.
D.
Compliance with subdivision requirements. All construction and improvements shall be in accordance with the design, construction, energy, landscape and improvement standards of Chapter 220, Subdivision of Land.
E.
Inspection prior to issuance of certificate of occupancy.
Prior to the issuance of a certificate of occupancy, the construction
official shall request the Planning Board Engineer to make an inspection
for compliance with the approved site plan.
[Amended 3-12-2003 by Ord. No. 4-2003; 12-14-2006 by Ord. No.
31-2006]
A.
Change of use; review required.
(1)
With the exception of single-family or multifamily
dwelling units, any change of use, proprietorship or occupancy shall
void the previously issued certificate of occupancy and require the
issuance of a new certificate of occupancy. In addition, there must
be a new site plan review, but only for a property where there has
been a change to the principal use of the property, or building or
structure thereon, not where there has been a change in the proprietorship
or occupancy. This new site plan review shall assure that the existing
facilities are adequately maintained and functioning in accordance
with the approved plans and are designed to handle any increased demands
upon the site imposed by the change of use.
(2)
For the purposes of this section, the term "change
of use" shall be defined as a substantial change to the nature and
quality of the activity engaged in or performed on the property with
regard to its principal or primary use, exclusive of consideration
of any accessory use.
B.
Waiver of review requirement. Notwithstanding the provisions of § 199-4, upon submittal of a complete application, the Planning Board may waive formal site plan review if the only change is from one principal or primary use to another, considering the definition set forth in Subsection A(2) above, which has equivalent demands on facilities.
(1)
Conditions for waiver. Any applicant may request a
waiver from site plan review as required under the terms of this chapter,
providing the applicant's site plan involves:
(2)
Application. Request for waiver of site plan review
shall be made by completion of an appropriate form provided by the
administrative officer and payment of the requisite fee.
C.
Credit for fees paid. In the event that site plan
waiver is not granted, the applicant's fee will be applied toward
the site plan application. The applicant will then be required to
go forward with the requisite site plan application. The balance of
the fee and all escrows will be required in the event site plan review
is not waived.
A.
Prohibition. It shall be illegal to make any site plan modifications after the issuance of a certificate of occupancy without first following the procedures set forth in § 199-4.
B.
Existing sites. Existing sites predating the regulations set forth herein shall not be modified without first obtaining a site plan approval or waiver, as set forth in § 199-4.
C.
Lapse of time. A site plan property shall not be modified
in any way after a lapse of time from issuance of the certificate
of occupancy without first complying with the regulations of this
chapter.
A.
Preliminary site plan.
(1)
Submission of application; distribution.
(a)
The applicant shall submit 12 copies of the
preliminary site plan to the administrative officer. If the application
appears complete, the administrative officer shall transmit the site
plans to the Planning Board and to the following agencies:
(b)
For site plans submitted to the Zoning Board
of Adjustment, the Secretary of that Board shall submit the plan to
the Zoning Board of Adjustment for review at its meeting in addition
to the above agencies.
(2)
Completeness of application. The appropriate Boards
shall review the plan and advise the administrative officer or Secretary
if the plan is complete. The administrative officer or Secretary will,
in turn, notify the applicant. For all site plans, the administrative
officer shall certify the application complete or advise the applicant
in writing within 45 days of submission should any submission be deemed
incomplete.
(3)
Review by Board; report. The Planning Board and/or
Zoning Board of Adjustment shall review the plans, at which time the
applicant may be called to explain, amplify or discuss the plan. The
appropriate Board shall then prepare its report containing a statement
regarding the completeness of the plan and conditions and recommendations
for approval. For Zoning Board of Adjustment site plans, the Planning
Board shall send a report to the Zoning Board of Adjustment which
shall pertain to the site plan only and not to the entire application.
(4)
Amendments prior to public hearing. The applicant
is not required to amend the plan until after Planning Board or Zoning
Board of Adjustment action at a public meeting, as all conditions
and recommendations prior thereto are purely advisory.
(5)
Action by Board; time.
(a)
The Planning Board shall take action on the
site plan at a public meeting of the Planning Board, within 45 days
following certification of completeness if the area involves 10 acres
of land or less and 10 dwelling units or less, or within 95 days following
certification if the area of the site involves more than 10 acres
or more than 10 dwelling units.
(b)
The Zoning Board of Adjustment shall take action
on the site plan at a public meeting within the 120-day period following
submission of the plan, as set forth in N.J.S.A. 40:55D-73, which
time period also requires the Zoning Board of Adjustment to act on
all other matters set forth in the applicant's application.
(c)
The Planning Board or the Zoning Board of Adjustment,
as the case may be, shall either approve, approve with conditions
to which the Township Engineer can certify compliance, or disapprove
the site plan. Such action shall be made by resolution.
(6)
Conditional approval; amendment of plan. If the site
plan is approved with conditions, an amended site plan conforming
to the amendments required by the approving resolution shall be submitted
by the applicant and certified by the Planning Board or Planning Board
Engineer prior to the applicant's submittal of final plans.
(7)
Preliminary site plan approval shall expire and be
of no further effect unless a complete application for final approval
for such site plan has been submitted to the Washington Township Planning
Board or Zoning Board within a three-year period from the date of
which the resolution of preliminary approval was adopted or prior
to the expiration of any extensions granted by the Planning Board
or Zoning Board on such preliminary approval for additional periods
of time as permitted by law.
[Added 10-27-2004 by Ord. No. 21-2004]
B.
Dual requests.
(1)
Variance. An applicant shall submit to the Planning
Board for approval a site plan that also includes a request for a
variance from lot area, lot dimensional setbacks and yard requirements.
(2)
Conditional uses. All applications containing a request
for a conditional use shall be submitted to the Planning Board.
(3)
Jurisdiction of Board. The Board agency originally
granting preliminary approval shall be responsible for reviewing and
acting on the final site plan.
(4)
Separate applications and fees. The applicant shall
complete an application for each request for relief, such as site
plan, subdivision, variance, or conditional use, regardless of to
which Board it is submitted, and the applicant shall pay each fee.
C.
Final site plan.
(1)
Submission, distribution of application; certification of completeness; amendment of plan. The applicant shall submit 12 copies of the final site plan to the administrative officer. If the application is complete, the administrative officer shall transmit the site plans to the agencies listed in § 199-6A(1)(a). They shall prepare reports containing recommendations and/or conditions of approval and a certification as to completeness. The administrative officer shall advise the applicant of the certification within 45 days of submission. The applicant is not required to amend the plan until after Planning Board or Zoning Board of Adjustment action at a public meeting.
(2)
Time for decision. The Planning Board or Zoning Board
of Adjustment shall take action on the site plan at a public meeting
of the Board within 45 days of the certification.
(3)
Report from County Planning Board. The Planning Board
or Zoning Board of Adjustment shall condition any approval that it
grants upon timely receipt of a favorable report on the application
by the Gloucester County Planning Board or approval by the Gloucester
County Planning Board's failure to report thereon within the required
time period.
(4)
Actions of Board. The Planning Board or Zoning Board
of Adjustment shall either approve, approve with conditions to which
the Planning Board Engineer can certify compliance, or disapprove
the site plan. In the event of a disapproval, the Planning Board or
Zoning Board of Adjustment shall set forth its reasons for the rejection
of the plan by resolution.
(5)
Conformance of plan to approval. After Planning Board
or Zoning Board of Adjustment approval, the applicant shall submit
six sets of the site plan to the Planning Board or Planning Board
Engineer for certification. Such plans shall conform to the Planning
Board or Zoning Board of Adjustment approvals and approvals of any
other agencies.
(6)
Certification of final plan required prior to issuance
of permits. No building permit shall be issued or construction commenced
unless the final site plan has been certified by the Planning Board
or Planning Board Engineer.
(7)
Completion of improvement prior to issuance of certificate
of occupancy. No certificate of occupancy shall be issued nor shall
occupancy take place until and unless all construction and required
improvements shall be complete or bonded for in conformity with the
approved site plan and all conditions required as a part of such approval.
D.
Site plan submissions.
(1)
Expedited approval. The applicant may request at the
time of preliminary filing that the plan be processed through the
preliminary and final stages concurrently. If the Planning Board or
Zoning Board of Adjustment concur, the application may be processed
in one step, with preliminary and final approvals being granted concurrently.
However, the Planning Board or Zoning Board of Adjustment, at its
discretion, may grant only preliminary approval at the time of first
review, thereby requiring the applicant to make a separate final site
plan submittal.
(2)
Submission requirements for expedited approval. It
should be noted by the applicant that preliminary and final site plan
submissions require different plat design requirements. In the event
that both preliminary and final site plan submissions are required,
nothing herein shall be construed so as to prohibit a simultaneous
submission at the same meeting of preliminary and final plan applications.
A.
General.
(1)
Scale. All site plans shall be drawn at the largest appropriate scale using one of the plat sizes in the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.). Additional sheets with sufficient detail to adequately explain the project may be required on larger sites. (See Article IV, Plan Details, of Chapter 220, Subdivision of Land.)[1]
(2)
Minor changes. In the event that a submission consists
only of minor site changes, some site plan details may be omitted
from the plan if they are not relevant to the review of the submission
as determined by the Planning Board Engineer and the Planning Board.
B.
Preliminary site plan details.
(1)
Required information. All preliminary site plans shall
contain the following information:
(a)
The name and address of the applicant and the
owner of record and the name, address and title of the person preparing
the plan, maps including appropriate map titles and accompanying data.
(b)
Date of the original plan and each subsequent
revision date.
(c)
North arrow.
(d)
Total tract acreage to one-tenth of an acre.
(e)
Existing and proposed streets and street names.
(f)
A key map showing the location of the site within
the community.
(i)
The dimensions, locations and purpose of all
existing and proposed easements, rights-of-way, lot lines, setbacks,
yards, buffers and other encumbrances.
(j)
The location size and arrangement of proposed
vehicular accessways, curb, sidewalks, walkways and all other area
devoted to pedestrian use.
(l)
Other information as required by the Planning
Board or Zoning Board of Adjustment.
(m)
A soil erosion and sediment control plan.
(n)
The location and arrangement of vehicular accessways
and locations size and capacity of all parking and loading areas shall
be included.
(o)
Pavement construction detail.
(2)
Additional information, as may be required by the
Board preliminary site plans may be required to contain the following
information if deemed necessary by the Planning Board:
(a)
Name of development.
(b)
Graphic scale.
(c)
Floodplain areas based on one-hundred-year storms.
(d)
All roads, driveways, watercourses and existing
buildings within 200 feet of the tract.
(e)
A title survey and topographic survey of the
site with contours at two-foot intervals, certified by a licensed
land surveyor.
(f)
Storm drainage design, including size, type,
location and grade of pipes, location of structures in the system,
design calculations, and profiles. Drainage areas shall be shown where
appropriate and include any off-tract areas.
(g)
A statement of how the sewer, water and all
utilities to service the project will be designed.
(h)
The building floor plans and finished grade
elevations at all building corners.
(i)
Proposed grading plan showing contours at intervals
of one foot where slopes are less than 15% and at two-foot intervals
where slopes exceed 15%. Spot elevations shall be required at building
corners and other points where contours do not adequately define the
proposed elevation of the site. Spot elevations shall be required
at critical locations such as high points, lot corners and swales.[4]
(j)
Soil borings distributed over the tract, according
to the following schedule. These borings shall be to a depth of not
less than 10 feet below the existing grade or 10 feet below finished
grade, whichever is lower, and shall indicate the types of soil, depth
to water table and the date of the boring. The number of borings may
be increased if deemed necessary by the Township Engineer.[5]
|
Area of Tract
(acres)
|
Number of
Borings
| |
|---|---|---|
|
Less than 2
|
2
| |
|
2 - 3
|
3
| |
|
3 - 5
|
5
| |
|
5 - 10
|
8
| |
|
10 - 40
|
10
| |
|
Over 40, for each 4 acres
|
1
|
(k)
Design concerns of any topographic problems.
(l)
The location, size and nature of the entire
lot or lots in question, and any contiguous lots owned by the applicant
or in which the applicant has a direct or indirect interest, even
though only a portion of the entire property is involved in the site
plan for which approval is sought; provided, however, that where it
is physically impossible to show such entire lot or lots or contiguous
lots on one map, a key map thereof shall be submitted.
(m)
The location, names and widths of rights-of-way
and paving of all existing and proposed streets, including cross sections
and profiles abutting the lot or lots in question and within 200 feet
of such lot.[6]
(n)
An architectural elevation and design perspective
of all proposed structures.
C.
Final site plan details. All final site plans shall
contain the preliminary site plan details required by the Planning
Board, as well as the following information:
(1)
A complete landscape plan, including size and type
of all plants, shall be included.
(3)
Proposed signs, including type, facade, location,
size and materials.
(4)
Incorporation of requirements from other agencies
having jurisdiction.
(5)
Appropriate places for the signatures of the Chairperson
and Secretary of the Board, the dates of the Board actions and the
dates of the signatures.
Site plan review shall consider, but not be
limited to, the following:
A.
The height, bulk area and setback distances of all
building structures.
B.
The architectural design, including the appearance
of and materials used on the exterior faces.
C.
The architectural design, location, height and width,
appearance and materials used in all signs.
D.
Parking and traffic control, including location and
material, requirements for curbing, driveways, parking areas, pedestrian
walks and other requirements to protect the public health, safety
and welfare.
E.
Reasonable screening at all seasons of the year of
playgrounds, trash/recycling areas, parking and service areas.
[Amended 3-12-2003 by Ord. No. 4-2003]
F.
Lighting of buildings, grounds and signs to assure
the elimination of any adverse effects on adjoining property owners
while simultaneously requiring adequate lighting for the proposed
development.
G.
Provisions for necessary utilities such as water supply,
sewers, gas and electric.
H.
Provisions for energy efficient building and/or site
plan design, and consideration of supplemental solar and wind systems.
I.
The stormwater collection and disposal system.
J.
Noise abatement, odor and rodent control, and trash,
recycling and garbage collection facilities.
[Amended 3-12-2003 by Ord. No. 4-2003]
K.
Provisions for incoming raw materials and outgoing
finished products together with outdoor facilities for storing same.
L.
Provisions for soil erosion and sedimentation control.
A.
Preliminary plans. Site plans receiving preliminary
approval shall expire at the end of the statutory three-year period,
unless extensions are granted by the Board, as provided by law.
B.
Final plans. The proposed construction receiving final
site plan approval must be completed in all aspects within two years
from the date of final approval, which date shall be when the Planning
Board took action on the application. Failure of the applicant to
complete construction within such periods will nullify and void the
site plan. The applicant will be in violation of this chapter if any
construction or excavation is undertaken or continued after the expiration
date. Time period extensions may be granted by the Board, as provided
by law.
[Amended 3-12-2003 by Ord. No. 4-2003]
A.
Fees and escrows. The fees and escrows set forth in Chapter 80 of this Code shall be paid or deposited with the Township at the time of application.
B.
Verification of payment. No building permit shall
be issued until all outstanding bills have been paid.
C.
Inspection fee for single-phase project. The inspection fees shall be as set forth in Chapter 80, with the first fee payment payable at the time of application for the first building permit. Applications for a certificate of occupancy shall be accompanied by an inspection fee payment. Inspection costs shall be billed at the Township Engineer's contract rates against the escrow account.
[Amended 3-12-2003 by Ord. No. 4-2003]
D.
Inspection fee for multi-phase project. The applicant shall establish an escrow fund in the amount set forth in Chapter 80, payable at the time of application for the first building permit. Inspection costs shall be billed at the Township Engineer's contract rate against the inspection escrow account. After paying bills, the fund may be diminished to $250, at which point the applicant shall replenish the escrow fund to $1,000.
[Amended 3-12-2003 by Ord. No. 4-2003]
E.
Escrow; surplus and deficiency. Sums not utilized
in review and inspection process shall be returned to the applicant.
If additional sums are deemed necessary for professional reviews or
inspections, the applicant shall be notified of the required additional
amount and shall add such sum to the escrow. Each applicant who shall
submit a plan for site approval shall agree, in writing, and shall
pay all reasonable costs for professional review of the site plan
and for inspection of improvements, as required by the Planning Board.
F.
Development Committee Review fee. An applicant required by a board to appear before the Development Review Committee shall pay a fee as set forth in Chapter 80 of this Code which shall be paid to the Township at the time of referral to the Development Review Committee.
[Added 4-28-2005 by Ord. No. 8-2005]
G.
Escrow accounts utilized in the review and inspection
process shall be maintained by the Township. An administrative fee
shall be charged to each professional receiving a disbursement from
an escrow account in an amount equal to 3% of the disbursement to
the respective professional for review and inspection services rendered.
The three-percent fee is not charged to the developer/applicant, but
to the amount to be distributed to the professional on a per-payment
basis. The escrow clerk for the Township will maintain a record of
each administrative fee charged to the professional from each payment
made, said record to be provided to the professional upon request.
[Added 5-12-2005 by Ord. No. 12-2005]
H.
A developer shall reimburse the municipality for reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements, which fees shall not exceed the sum of the amounts set forth in Subsections A and B of this section. The municipality shall require the developer to post the inspection fees in escrow in an amount:
[Added 5-9-2018 by Ord.
No. 6-2018]
(1)
Not to exceed, except for extraordinary circumstances, the greater
of $500 or 5% of the cost of bonded improvements that are subject
to a performance guarantee; and
(2)
Not to exceed 5% of the cost of private site improvements that are
not subject to a performance guarantee, which cost shall be determined
pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
If the Township of Washington determines that the amount in escrow
for the payment of inspection fees is insufficient to cover the cost
of additional required inspections, the Township may require the developer
to deposit additional funds in escrow, provided that the Township
delivers to the developer a written inspection escrow deposit request,
signed by the Township Engineer, which shall include the need for
additional inspections, details of the items or undertakings that
require inspection, an estimated time required for those inspections,
and cost estimates of performing those inspections.
[Amended 3-12-2003 by Ord. No. 4-2003; 5-9-2018 by Ord. No. 6-2018]
A.
Performance bonds. In approving a site plan, the reviewing board
shall require, at its discretion and depending on the complexity of
the project, that the applicant first furnish a performance bond for
the purposes of guaranteeing the completion of such items as are set
forth in the site plan which will be dedicated to a public entity.
Estimated quantities shall be prepared by the applicant for review
by the Township Engineer. Unit pricing shall follow a schedule to
be established by the Township Engineer. These estimates shall be
established in order to determine the amount of the performance guarantee.
The performance guarantee shall be reviewed and have the approval
of the Township Solicitor as to both form and amount prior to the
issuance of any permits.
B.
Maintenance bonds.
(1)
A maintenance bond for the site plan improvements shall be required
at the time of release of the performance bond. The maintenance bond
shall be in the form and amount and under the procedures as required
by the statutes of the State of New Jersey and other developmental
ordinances of the Township of Washington concerning maintenance bonds.
(2)
A developer shall post with the Township, prior to the release of
a performance guarantee, a maintenance guarantee in an amount not
to exceed 15% of the cost of the installation of the improvements
which are being released.
(3)
A 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: stormwater management basins, in-flow and water
quality structures within the basins, and the out-flow pipes and structures
of the stormwater management system, if any, 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). 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.
C.
In addition to a performance guarantee required pursuant to § 220-67,[1] a developer shall furnish to the Township of Washington
a separate guarantee, referred to herein as a "safety and stabilization
guarantee." 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 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: i) site disturbance has commenced and, hereafter,
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 Township 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 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. In the
event that the developer has made a cash deposit with the Township
as part of the performance guarantee, then any partial reduction granted
in the performance guarantee 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 safety and
stabilization guarantee is included as a line item of the performance
guarantee, the municipality may retain cash equal to the amount of
the remaining safety and stabilization guarantee.
[Added 4-2-1998 by Ord. No. 10-1998]
All site plans approved under the standards of this chapter shall be required to pay the mandatory development fee pursuant to Chapter 80, Fees, of this Code.
[Added 4-2-1998 by Ord. No. 10-1998]
All site plans approved under the standards of this chapter shall be required to pay the mandatory development fee pursuant to Chapter 80, Fees, of this Code.
