The Evesham Township Council hereby declares that the provisions set forth in this article are general provisions which apply to site plan, subdivision, planned and general development applications submitted pursuant to Chapter 127, Site Plan Review; Chapter 135, Subdivision of Land; Chapter 160, Zoning; and Chapter 161, Zoning Modifications and Additional Requirements, of the Code of the Township of Evesham. The Evesham Township Council also declares that numerous provisions of the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-1 et seq., apply to site plan, subdivision, general development and planned development applications and are incorporated herein by reference thereto, and hereby declares that the subdivision, site plan review and planned and general development process may be subject to said provisions, as well as other areas of relevant law. For purposes of this article, the provisions set forth in the following sections shall apply to planned development applications submitted pursuant to the MLUL and/or the Code of the Township of Evesham.
Whenever a term, word or phrase is used in this chapter and is defined in N.J.S.A. 40:55D-1 et seq., or in Chapter 160, Zoning, of this Code, such term, word or phrase is intended to have the meaning set forth in the definition of such term, word or phrase as found in said statute, or in this Code, unless a contrary intention is clearly expressed from the context of this chapter.
Not later than seven days after submission of
the application for a site plan or minor or major subdivision to the
Planning Board Secretary, the applicant, where required pursuant to
N.J.S.A. 40:27-6.3, shall submit a copy of the application and all
supporting documentation to the Burlington County Planning Board for
review and approval. The applicant shall then promptly certify to
the Planning Board Secretary that such submission has been properly
made.
A developer, as a condition for approval of
a subdivision or site plan, shall pay his pro rata share of the cost
of providing only reasonable and necessary street improvements, and
water, sewerage and drainage facilities, and easements therefor, located
outside the property limits of the subdivision or development, but
necessitated or required by construction or improvements within such
subdivision or development. The Board shall determine the reasonableness
of and necessity for such improvements and shall also determine such
pro rata share as follows:
A.
The total cost thereof shall be estimated by the Board
Engineer.
B.
The Board shall next consider the circulation plan
and comprehensive utility service plan elements of the Master Plan
and shall ascertain:
C.
The Board shall determine said pro rata share by establishing
a ratio between the benefit accruing to the proposed subdivision or
site plan and the total benefit accruing by reason of the improvements
and/or the facilities and applying it to the total cost.
D.
The final cost of the completed improvements and/or
facilities shall be ascertained by the Board Engineer, who shall advise
the Board and the developer of the final cost. The estimated pro rata
share shall be modified by the actual final cost and appropriate adjustments
made.
E.
The standards established to determine such pro rata
share shall not be altered subsequent to preliminary approval to apply
to such subdivision or site plan.
F.
Where a developer pays, under protest, the amount
determined as his pro rata share, he shall institute legal action
within one year of such payment in order to preserve the right to
a judicial determination as to the fairness and reasonableness of
such amount.
G.
Such payment shall be made by a deposit of cash, and
the developer shall agree to make additional payment upon determination
of the actual cost, if there is any. Such payment shall be made within
30 days of the determination by the Board of the pro rata share, unless
otherwise directed by the Board.
H.
The developer and the Board may enter into an agreement
providing for payment of the full cost of the required off-tract improvements
by the developer with a provision for future reimbursement for an
agreed time as the improvements shall be utilized by others.
I.
The Board shall act within the applicable period for
approval of the application by the Board.
A.
If the Evesham Master Plan or Official Map provides
for the reservation of designated streets, public drainageways, flood
control basins or public areas within the proposed development, before
approving a subdivision or site plan or a planned development or a
general development plan, the Board may further require that such
streets, ways, basins or areas be shown on the plat in locations and
sizes suitable to their intended uses. The Board may reserve the location
and extent of such streets, ways, basins or areas shown on the plat
for a period of one year after the approval of the final plat or within
such further time as may be agreed to by the developer. Unless during
such period or extension thereof the Township shall have entered into
a contract to purchase or institute condemnation proceedings according
to law for the fee or a lesser interest in the land comprising such
streets, ways, basins or areas, the developer shall not be bound by
such reservations shown on the plat and may proceed to use such land
for private use in accordance with applicable development regulations.
The provisions of this section shall not apply to streets and roads,
flood control basins or public drainageways necessitated by the subdivision
or site plan and required for final approval.
B.
The developer shall be entitled to just compensation
for actual loss found to be caused by such temporary reservation and
deprivation of use. In such instance, unless a lesser amount has previously
been mutually agreed upon, just compensation shall be deemed to be
the fair market value of an option to purchase the land reserved for
the period of reservation; provided that determination of such fair
market value shall include, but not be limited to, consideration of
the real property taxes apportioned to the land reserved and prorated
for the period of reservation. The developer shall be compensated
for the reasonable increased cost of legal, engineering or other professional
services incurred in connection with obtaining subdivision or site
plan approval, as the case may be, caused by the reservation.
C.
In the event that the developer claims an entitlement
to such just compensation, he or she shall present a claim therefor
with the Township Council within 30 days after the Board shall have
made such reservation. The Township Council shall meet with the developer
in an attempt to agree upon said figure and the method of payment.
In the event that there is no such agreement, the Township Council
shall set forth its position in a resolution, and the developer shall
then be entitled to institute legal action for a judicial determination
as to the amount of just compensation and/or the method of payment.
In the event of agreement on said figure and the method of payment,
the Township Council shall adopt a resolution memorializing the agreement
and implementing payment as part of the approval process and shall
submit a copy of such resolution to the developer and the Board Secretary.
A.
The Planning Board, when acting upon applications
for preliminary site plan or subdivision approval or minor subdivision
approval, shall have the power to grant such exceptions from the requirements
for site plan and subdivision approval as may be reasonable and within
the general purpose and intent of the provisions for subdivision and
site plan review, if the literal enforcement of one or more provisions
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
B.
The Planning Board shall have the power to review
and approve or deny conditional uses or site plans simultaneously
with review for subdivision approval without the developer being required
to make further application to the Planning Board or the Planning
Board being required to hold further hearings. The longest time period
for action by the Planning Board, whether it is for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional
use is requested by the developer pursuant to this subsection, notice
of the hearing on the plat shall include reference to the request
for such conditional use.
The Township Council hereby designates the administrative
officer for the purpose of issuing the certificate of approval as
set forth in N.J.S.A. 40:55D-56.
A.
Prior to the granting of final approval by the Board,
the developer shall file a written request with the Township Clerk
requesting the Township of Evesham to enforce the provisions of Title
39 of the New Jersey Revised Statutes on all streets and roads in
the subdivision which are open to or used by the public. The provisions
of Title 39 shall be made applicable to said streets and roads at
the discretion of the Township and with the approval of the Commissioner
of Transportation of New Jersey.
B.
This section shall apply to any site plan, subdivision,
planned development, general development or any new type of development
classification hereinafter authorized to be undertaken in the Township
of Evesham involving roads open or to be opened to the public.
A.
Except as provided in Chapter 127, Site Plan Review, before the recording of final subdivision plat or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65d, the Board may require and the Township Council shall accept in accordance with the standards adopted hereinafter for the purpose of assuring the installation and maintenance of on-tract improvements:
(1)
The furnishing of a performance guarantee in favor
of the Township in an amount not to exceed 120% of the cost of 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), for improvements which the approving
authority may deem necessary or appropriate, including street, grading,
pavement, gutters, curbs, sidewalks, streetlighting, shade trees,
surveyor's monuments, as shown on the final map and required by the
Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.), water
mains, culverts, storm sewers, sanitary sewers or other means of sewage
disposal, drainage structures, erosion control and sedimentation control
devices, public improvements of open space and, in the case of site
plans only, other on-site improvements and landscaping.
(a)
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)
Provision for a maintenance guarantee to be posted
with the Township Council for a period not to exceed two years after
final acceptance of the improvement, in an amount not to exceed 15%
of the cost of the improvement, 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). 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.
B.
The time allowed for installation of the improvements
for which the performance guarantee has been provided may be extended
by the Township Council 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.
C.
If the required 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.).
D.
Release or reduction of performance guarantee.
(1)
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 Subsection A of this section, a list of all uncompleted or unsatisfactory completed 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 improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Township Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Township Council, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
(2)
The list prepared by the Township Engineer shall state, in detail with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A of this section.
(3)
The Township Council, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Township Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance 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 Subsection A of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Council, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements.
(a)
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved 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 improvements would exceed 70% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee to ensure completion and acceptability of all improvements, as provided above.
(4)
If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection D of 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.
(a)
If the governing body fails to approve or reject the improvements determined by the Municipal Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 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 Subsection A of this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(5)
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.
E.
If any portion of the required improvements is rejected,
the Board 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.
F.
Nothing herein shall be construed to limit the right
of the obligor to contest by legal proceedings any determination of
the Township Council or the Township Engineer.
G.
The obligor shall reimburse the Township for all reasonable
inspection fees paid to the Township Engineer for the foregoing inspection
of improvements; provided that the municipality may require of the
developer a deposit for the inspection fees in an amount not to exceed,
except for extraordinary circumstances, the greater of $500 or 5%
of the cost of improvements, which cost shall be determined pursuant
to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4). For those
developments for which the inspection fees are less than $10,000,
fees may, at the option of the developer, be paid in two installments.
The initial amount deposited by a developer shall be 50% of the 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 Municipal Engineer for inspection, the developer
shall deposit the remaining 50% of the inspection fees. For those
developments for which the inspection fees are $10,000 or greater,
fees may, at the option of the developer, be paid in four installments.
The initial amount deposited by a developer shall be 25% of the 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. The
Township Engineer shall not perform any inspection if sufficient funds
to pay for those inspections are not on deposit.
H.
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.
I.
To the extent that any of the improvements have been
dedicated to the Township on the subdivision plat or site plan, the
municipal governing body shall be deemed, upon the release of any
performance guarantee required hereunder, 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 Board,
provided that such improvements have been inspected and have received
final approval by the Township Engineer. The acceptance of the aforementioned
dedication shall not occur until all requirements of Chapter 2 have
been complied with, said acceptance to be in accordance with the provisions
of Chapter 2 of the Evesham Township Code.[1]
[1]
Editor's Note: Former Ch. 2, Acceptance of
Property, of the Evesham Township Code, was repealed 6-15-1999 by
Ord. No. 43-11-98.
J.
In all multifamily housing developments where the
improvements will be owned by or be the responsibility of a condominium
corporation, homes association or other similar association comprised
of the owners or residents, the developer must post a maintenance
guaranty covering such improvements; and the Township shall release
the performance bond covering such improvements only after the owners
or residents assume effective control of the condominium corporation
or association (assuming the performance bond is otherwise entitled
to be released under N.J.S.A. 40:55D-53 and applicable Township ordinances
at that time).
At the time of submitting an application for
a conditional use permit, zoning variance, site plan approval, general
development plan approval, mixed use overlay district approval or
for subdivision approval, the applicant shall comply with the following:
A.
The applicant shall deposit a sum of money as calculated
in this section in escrow to provide for the payment of the cost of
professional services rendered with respect to review of plans and
applications and the inspection of required improvements, in accordance
with the following regulations:
(1)
Complete application; escrows. At the time of the
submission of an application for development, the applicant shall
submit all the required application and escrow fees as calculated
in this section. The failure to pay the required escrow fees, either
initially or upon demand as hereinafter provided, shall be adequate
grounds to deem an application incomplete.
(2)
Approval; plan review fees; condition of resolution.
The failure to pay plan review fees upon demand shall be grounds to
deny an approval to an application. In the event an approval is granted,
said approval shall be subject to the condition that the applicant
shall pay any and all plan review escrow fees, said condition to be
set forth in the resolution. The failure to pay the plan review fees
in accordance with this section after approval shall be grounds to
revoke the approval by the appropriate Board upon notice to and a
hearing for the applicant.
(3)
Approval; inspection escrows. Funds to be utilized
to pay for professional services rendered with respect to the installation
of and inspection of improvements shall be paid to the Township for
deposit in escrow prior to the signing of plans and the disturbance
of soil and/or the issuance of the first construction permit, whichever
comes first. The developer shall replenish the inspection escrows
on the demand of the Township as hereinafter set forth in this section.
The failure to pay the inspection fees shall be grounds to revoke
the approval by the Planning Board upon notice to and a hearing for
the applicant. For purposes of this section, the appropriate Board
approval shall be deemed to be "prior approval" as defined in the
Uniform Construction Code. This subsection shall be a condition of
any approval and shall be set forth in the resolution of approval.
(4)
The regulations set forth herein shall be set forth
in the form of an agreement for execution by the applicant and submittal
at the time of the application. The failure to submit the form of
the agreement shall be grounds for determining that the application
is incomplete. By way of said agreement, the applicant shall agree
with the Township to pay all application fees, professional charges
and any other costs or fees related to the processing in review of
his or her application, including, but not limited to, the cost of
site inspections and appeals by the applicant, if necessary.
B.
The applicant shall pay all application fees and the
applicant shall deposit a certain sum in cash with the Secretary of
the Planning Board and/or Zoning Board of Adjustment to be placed
in an escrow account by the Township pursuant to Section 1 of P.L.
1985, c. 315 (N.J.S.A. 40:55D-53.1) to cover the cost of professionals
employed by the Planning Board and/or Zoning Board of Adjustment to
make reviews and inspections of the applications and plans submitted
as well as site inspections, if necessary, in accordance with the
following schedule:
[Amended 10-6-2009 by Ord. No. 13-10-2009; 9-16-2014 by Ord. No. 23-9-2014; 2-17-2015 by Ord. No. 1-2-2015; 5-25-2016 by Ord. No.
10-5-2016; 12-3-2019 by Ord. No. 21-12-2019; 3-10-2021 by Ord. No. 12-3-2021]
(5)
Informal review.
(a)
Concept plan review with the Planning Board professionals.
[1]
Application fee: $200. The application fee for an informal review
under this paragraph shall be a credit toward the application fee
for formal application, should a formal application be filed with
the Planning Board. In the event this application fee exceeds the
formal application fee, there will be no refund.
[2]
Escrow: $1,000.
(14)
Evesham Township Fire District plan review fees. The following
plan review fees will be charged by Evesham Township Fire District
No. 1. Payment shall be remitted to Evesham Township Fire District
No. 1 at the time a site plan is submitted to the Evesham Township
Office of Community Development. The fee shall be in accordance with
the table below and the fee charged shall be in accordance with the
classification placed on a site plan review by the Office of Community
Development. The fee shall be due one time, at the time of initial
application.
C.
In the event that an application is denied, certified
incomplete or withdrawn by the applicant, and the application is subsequently
resubmitted or a second application is submitted by the same applicant
for the same use and on the same site as the original application
within 60 days of the denial, incomplete certification or withdrawal,
then a new escrow amount must be submitted with such application in
accordance with the above schedules (with the exception of the application
fee). Should an application be refiled after the application has been
denied without prejudice, a new application fee must be submitted.
Upon receipt of a formal, written request, the Board reviewing the
application may recommend to the Township Council that the unencumbered
balance of the original escrow be refunded to the applicant or credited
toward the escrow amount required for any subsequent application or
resubmitted application.
D.
Sums not utilized in the review and inspection process
or other costs of administration shall be returned to the applicant.
If additional sums should be deemed necessary, the applicant shall
be notified of the required additional amount and shall add such sum
to the escrow.
E.
Whenever an amount of money in excess of $5,000 shall
be deposited by an applicant with the Township for professional services
employed by the Township to review applications for development, for
municipal inspection fees in accordance with N.J.S.A. 40:55D-53 or
to satisfy the guarantee requirements of N.J.S.A. 40:55D-53, 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 chapter, shall continue to be
the property of the applicant and shall be held in trust by the Township.
Money deposited shall be held in escrow. The Township receiving the
money shall deposit it in a banking institution or savings and loan
association in New Jersey insured by an agency of the federal government,
or in any other fund or depository approved for such deposits by the
state, 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. The Township shall not be required
to refund an amount of interest paid on a deposit which does not exceed
$100 for the year. If the amount of interest exceeds $100, 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 that 33 1/3% of that entire amount which shall be
in lieu of all other administrative and custodial expenses.
F.
The chief financial officer of the Township shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). Such fees or charges shall be based upon a schedule established by resolution. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of developments under construction 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. The only costs that shall be added to any such charges 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. The Township approving authority shall not bill the applicant, or charge any escrow account or deposit authorized under Subsection B of this section, for any municipal clerical or administrative functions, overhead expenses, meeting room charges, or any other municipal costs and expenses except as provided for in this section, nor shall a municipal professional add any such charges to his bill. If the salary, staff support and overhead for a municipal professional are provided by the Township, the charge shall not exceed 100% of the sum of the products resulting from multiplying (1) the hourly base salary, which shall be established annually by ordinance, or each of the professionals, by (2) the number of hours spent by the respective professional upon 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.
(1)
If the Township requires of the developer a deposit
toward anticipated municipal expenses for these professional services,
the deposit shall be placed in an escrow account pursuant to Section
1 of P.L. 1985, c. 315 (N.J.S.A. 40:55D-53.1). The amount of the deposit
required shall be reasonable in regard to the scale and complexity
of the development. The amount of the initial deposit required shall
be established by ordinance. For review of applications for development
proposing a site plan, the amount of the deposit shall be based on
one or more of the following: the area of the site to be developed,
the square footage of buildings to be constructed, or an additional
factor for circulation-intensive sites, such as those containing drive-through
facilities. Deposits for inspection fees shall be established in accordance
with Subsection h of Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53).
G.
Each payment charged to the deposit for review of
applications, review and preparation of documents and inspection of
improvements shall be pursuant to a voucher from the professional,
which voucher shall identify the personnel performing the service;
and for each date the services performed, the hours spent to one-quarter-hour
increments, the hourly rate and the expenses incurred. All professionals
shall submit vouchers to the chief financial officer of the Township
on a monthly basis in accordance with schedules and procedures established
by the chief financial officer of the Township. 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. The professional shall send an information copy of all vouchers
or statements submitted to the chief financial officer of the Township
simultaneously to the applicant. 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. If an escrow account or deposit contains insufficient
funds to enable the Township or approving authority to perform required
application reviews or improvement inspections, the chief financial
officer of the Township shall provide the applicant with a notice
of the insufficient escrow or deposit balance. In order to 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 municipality or approving authority
and the applicant. In the interim, any required health and safety
inspections shall be made and charged back against the replenishment
of funds.
H.
The following close-out procedure shall apply to all
deposits and escrow accounts established under the provisions of P.L.
1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) and shall commence after
the approving authority has granted final approval and signed the
subdivision plat or site plan, in the case of application review escrows
and deposits, or after the improvements have been approved as provided
in Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53), in the case
of improvement inspection escrows and deposits. 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 or the improvements, as the case
may be, are completed. 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.
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 Section 1 of P.L. 1985, c. 315 (N.J.S.A. 40:55D-53.1),
shall be refunded to the developer along with the final accounting.
I.
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. 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 municipal jurisdiction except to the extent consultation
with a state agency is necessary due to the effect of state approvals
in the subdivision or site plan. Inspection fees shall be charged
only for actual work shown on a subdivision or site plan or required
by an approving resolution. Professionals inspecting improvements
under construction shall charge only for inspections that area reasonably
necessary to check the progress and quality of the work, and such
inspections shall be reasonably based on the approved development
plans and documents.
J.
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.
K.
Appeals.
(1)
An applicant shall notify in writing the governing
body with copies to the chief financial officer, the approving authority
and the professional whenever the applicant disputes the charges made
by a professional for service rendered to the municipality in reviewing
applications for development, review and preparation of documents,
inspection of improvement, or other charges made pursuant to the provisions
of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.). The governing body,
or its designee, shall within a reasonable time period attempt to
remediate any disputed charges. 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 Section 9 of P.L.
1975, c. 217 (N.J.S.A. 52:27D-127) any charge to an escrow account
or a deposit by any municipal professional or consultant, or the cost
of the installation of improvements estimated by the Township Engineer
pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
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. An applicant shall file an appeal within
45 days from receipt of the informational copy of the professional's
voucher required by Subsection c of Section 13 of P.L. 1991, c. 256
(N.J.S.A. 40:55D-53.2), 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
municipal statement of activity against the deposit or escrow account
required by Subsection c of Section 13 of P.L. 1991, c. 256 (N.J.S.A.
40:55D-53.2). 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.
(2)
The County Construction Board of Appeals shall hear
the appeal, render a decision thereon, and file its decision with
a statement of the reasons therefor with the Township or approving
authority not later than 10 business days following the submission
of the appeal, unless such period of time has been extended with the
consent of the applicant. The decision may approve, disapprove, or
modify the professional charges appealed from. A copy of the decision
shall be forwarded by certified or registered mail to the party making
the appeal, the Township, the approving authority, and the professional
involved in the appeal. Failure by the Board to hear an appeal and
render and file a decision thereon within the time limits prescribed
in this subsection shall be deemed a denial of the appeal for purposes
of a complaint, application, or appeal to a court of competent jurisdiction.
(3)
The County Construction Board of Appeals shall provide
rules for its procedure in accordance with this section. The Board
shall have the power to administer oaths and issue subpoenas to compel
the attendance of witnesses and the production of relevant evidence,
and the provisions of the "County and Municipal Investigations Law,"
P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.) shall apply.
(4)
During the pendency 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 or maintenance guarantees, 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 section.
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. If a charge is disallowed after payment to a professional
or consultant who is not an employee of the municipality, the professional
or consultant shall reimburse the municipality in the amount of any
such disallowed charge.
[Added 12-3-2002 by Ord. No. 40-11-2002]
The Township of Evesham Land Development Checklist
in the form set forth in Appendix A to this chapter is hereby adopted.
Applicants to all Boards governed by this chapter shall be required
to complete the Checklist and submit same with all other application
requirements.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
Any person who commences construction with respect to a site plan or a subdivision without Board approval or, once said approval has been granted, commences construction in violation of the conditions of said approval shall be punishable as provided in Chapter 1, General Provisions, Article I, of this Code. Each day that the violation occurs shall be deemed to be a separate violation.
In the Pinelands Area of Evesham Township, all applications for development approval reviewed under this article shall comply with the development standards of Chapter 160, Zoning, of the Code of the Township Evesham and also shall comply with the review procedures of Chapter 15, Land Use Administration, of the Code of the Township of Evesham.
