Township of Lumberton, NJ Article III General Provisions

§ 130-4 Conditional uses.

A. Application for a conditional use shall be made to the Land Development Board, which shall grant or deny the application after public hearing within 95 days of accepting a complete application or within such further time as may be consented to by the applicant. Notice of the hearing shall include reference to all matters being heard, including site plan and/or subdivision approvals. The Land Development Board shall act on the subdivision or site plan simultaneously with the conditional use application. Failure of the Land Development Board to act within the required time shall constitute approval. In reviewing the application, the Land Development Board shall review the number of employees or users of the property and the requirements set forth in this chapter and shall give consideration to all reasonable elements which would affect the public health, safety, comfort and convenience, such as but not limited to the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and structural location(s) and orientation(s). All conditional uses require site plan approval.

[Amended 1-20-2004 by Ord. No. 2004-1]

B. The following standards shall apply to the conditional uses which are specifically permitted in Article VI of this chapter.

(1) Historic architectural. The conditional uses cited in the H/A District are subject only to the parking requirements as a special condition, as noted in Article VI.

(2) Home occupation. See the standards set forth in § 130-36.

(3) Hospitals, philanthropic or charitable uses. These uses shall be permitted only on collector or arterial roads as defined in the Master Plan. They shall be situated on lots no less than five acres in size. The traffic patterns shall not involve the use of minor streets for direct access or egress. The use shall be effectively buffered from adjoining residences.

(4) Medical buildings and professional offices. The minimum lot size shall be 40,000 square feet. The use shall be permitted only on those lots which have frontage on and access limited to collector roads, as shown on the Township Master Plan, and the use shall be effectively buffered from adjoining residences.

[Amended 4-17-1989 by Ord. No. 1989-6]

(5) Quasi-public buildings and recreation areas. Included in this category are houses of worship, social organizations, service clubs and similarly community-oriented uses of a nonprofit nature. "Recreation areas" includes those which are similar in use to public recreation facilities, thereby excluding from this category commercial recreation areas. The minimum lot size shall be three acres; consideration shall be given to the effect of lighting or activity centers on nearby residences; and quasi-public buildings not associated with recreation areas shall be located on collector or arterial roads, unless designed as part of a comprehensive development where the location is clearly noted and properly related to residential uses, both existing and proposed; and the use shall be effectively buffered from adjoining residences.

(6) Service stations. The minimum lot size shall be 20,000 square feet, and the use shall conform to the standards established in § 130-51 of this chapter.

(7) Utility structures and facilities. When located in a residential zoning district, as noted in Article VI of this chapter, utility structures and facilities are restricted to those needed to provide direct service. Adequate fencing and screening of facilities not located in a building shall be required, but no structure or facility shall be provided to avoid uncontrolled access. No minimum lot size shall be required, but no structure or facility shall be located closer than 50 feet to a property line unless the structure is designed to look like a residence, in which case it shall conform as nearly as possible to the standards of the district in which it is located. All interior areas designed for potentially noisy activities shall be sufficiently sound-insulated or separated from adjacent residential structures to avoid any noise nuisance. In residential and commercial districts, all major facilities and storage shall be enclosed in a structure, where feasible.

(8) A cannabis retailer or an alternative treatment center, when authorized by the Planning Board as a conditional use, is subject to the following requirements

[Added 10-23-2018 by Ord. No. 2018-27; amended 6-17-2021 by Ord. No. 2021-09]

(a) Such facility shall meet all of the requirements for licensure by the Cannabis Regulatory Commission.

(b) Lot size, yard size, lot area shall be regulated as specified:

[1] The minimum lot area shall be not less than one acre.

[2] The minimum lot width shall be not less than 100 feet.

[3] The minimum lot frontage shall be not less than 100 feet.

[4] The minimum lot front yard depth shall be not less than 50 feet.

[5] The minimum lot side yard width shall be not less than 50 feet.

[6] The minimum lot rear yard depth shall be not less than 50 feet.

(c) Shall not be any closer than 250 feet from any behavioral health-care facility or residential medical detoxification center.

(d) Shall not be any closer than 250 feet from a residential district or use.

(e) Shall not be located within 250 feet of the property line of any existing church, public or parochial school, private school, college, child-care center, or any existing public park.

(f) Nothing herein shall permit the retail sale, dispensing or delivery of cannabis, usable cannabis or cannabis products to consumers, or the direct-point-sale dispensing or delivery of medical cannabis products to qualifying patients, by any person or entity, except for: i) those persons duly licensed by the state as a cannabis retailer, cannabis delivery service or alternative treatment center, or ii) employees of such licensees, subject to such employees satisfying the qualifications established by the Cannabis Regulatory Commission to engage in such employment with such licensees.

§ 130-5 Enforcement officers.

[Amended 8-3-1992 by Ord. No. 1992-6]

A. The Zoning Officer shall administer and enforce the zoning provisions of this chapter and shall be responsible for issuing zoning permits. No zoning permit shall be issued unless the proposal complies with this chapter, including the floodplain regulations. A zoning permit shall be issued prior to the issuance of a construction permit by the Construction Official.

B. No certificate of occupancy for a new use of an existing structure shall be issued unless there is an approved zoning permit. All changes in occupancy of an existing structure which do not involve residential uses shall require a zoning permit which shall certify that the use complies with the zoning laws of the Township. Prior to the issuance of a zoning permit for a change in occupancy, the Construction Official, shall issue a certificate of continued occupancy which certifies that the building, structure and premises conform with the Uniform Construction Code of the State of New Jersey.

C. It shall be the duty of the Zoning Officer, with the advice of the Township Engineer, to enforce the provisions of subdivision and site plan approvals.

D. A zoning permit shall be issued or denied within 10 working days of the date of a complete submission, and the work shall be commenced within 90 days after the issuance of the permit; otherwise, the permit shall be void.

[Added 4-18-1994 by Ord. No. 1994-7; amended 7-6-2004 by Ord. No. 2004-24]

§ 130-6 Fees.

[Amended 5-4-1987 by Ord. No. 1987-9; 7-5-1988 by Ord. No. 1988-14; 4-17-1989 by Ord. No. 1989-6; 8-3-1992 by Ord. No. 1992-6]

A. Obligation to pay application fees and professional and consulting fees incurred during the course of review. Applicants submitting the applications set forth herein shall pay such application and escrow fees as are due and all reasonable costs for professional services, including engineering, legal, planning and other, incurred by the Township in connection with the review and approval by the Land Development Board, including review by any advisory Township committee or commission, such as the Historic Preservation Commission, of the applications set forth herein or by the Township Committee of any aspect thereof, including an appeal or a concept plan by such board and review to assure that the conditions of approval have been satisfied. Such professional and consulting services may be rendered by Township employees or consultants retained by the Township on a general basis or retained specially for an application by the board having jurisdiction or the Township. In conjunction with payment of such professional and consulting fees, the applicant shall make an escrow deposit in the amount and manner set forth herein and shall execute an agreement in a form provided by the Township obligating itself to pay such fees. The application fee is a flat fee to cover direct administrative expenses and is nonrefundable. In addition, any person proposing to submit an application, who first consults with the Township's Technical Advisory Committee (TAC), shall be required to pay for the services of the Township's administrative and professional staff, in an amount determined in accordance with the provisions of § 130-11 of this chapter.

[Amended 11-21-1994 by Ord. No. 1994-20; 1-20-2004 by Ord. No. 2004-1]

B. Fees and escrow deposits. Applicable fees are detailed in the universal fee chart located in § 18-2, reference number 20, of the Code of the Township of Lumberton.

[Amended 3-4-2008 by Ord. No. 2008-2; 12-5-2019 by Ord. No. 2019-17]

C. Inspection fees. Applicable fees are detailed in the universal fee chart located in § 18-2, reference number 21, of the Code of the Township of Lumberton.

[Amended 11-21-1994 by Ord. No. 1994-20; 12-5-2019 by Ord. No. 2019-17]

D. Miscellaneous.

(1) If final total square footage is unknown, fees and escrows shall be based upon the maximum floor area permitted under Township zoning ordinances.

(2) For site plans involving expansion, additions and modifications of existing buildings, fees and escrow deposits shall be calculated on the area of the expansion, addition or modification only.

(3) Development review fees for either subdivision or site plan applications may be proportioned to stages of submittals as approved by the Land Development Board.

[Amended 1-20-2004 by Ord. No. 2004-1]

(4) Unexpended escrow deposits for sketch plats and concept plans shall be credited against escrow deposits due upon the filing of an application for development.

E. Escrow deposits.

(1) Within 45 days after the filing of an application for development, the appropriate board's designated official shall review the application to determine whether the escrow amounts set forth are adequate, including whether escrow fees should be charged for applications for which the escrow deposit is listed as "None Required." In conducting such review, the following criteria shall be considered:

(a) The presence or absence of public water or sewer servicing the site.

(b) Environmental considerations, including but not limited to geological, hydrological and ecological factors.

(c) The traffic impact of the proposed development.

(d) The impact of the proposed development on the existing aquifer or water quality.

(e) The impact on improvements which might require off-tract or off-site contributions agreements.

(f) The impact on open space, landscaping, woodlands and the like.

(2) If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow within 10 days of receipt of such notice for additional sums. Each applicant shall, prior to the application being deemed complete, submit to the Chief Financial Officer in cash or by certified check or money order the amount of additional escrow deposit determined by the appropriate Board's designated official to be due in accordance with this subsection and shall complete all forms as required by the appropriate Board's designated official. The Board having jurisdiction may make the continued current payment of all escrow fees due and to be due from the applicant under this chapter a condition of the approval of any application.

(3) Where the amount of the escrow deposit exceeds $5,000, 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 herein, shall continue to be the property of the applicant and should be held in trust by the Township. Money deposited shall be held in escrow. The Township shall deposit said moneys in an approved lending or banking institution, 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 than thirty-three and one-third percent (33 1/3%) of that entire amount, which shall be in lieu of all other administrative and custodial expenses. In addition, all payments charged to the deposit shall be pursuant to vouchers from the Township's professionals stating the hours spent, the hourly rate and the expenses incurred. The municipality shall render a final accounting to the developer on the uses to which the deposit was put. Thereafter the municipality shall, upon written request, provide copies of the vouchers to the developer. The charge to the deposit shall be at the same rate as all other work of the same nature by the professional for the municipality.

[Added 11-21-1994 by Ord. No. 1994-20]

F. Payment of additional fees incurred during the course of review for which escrow deposit is insufficient. Upon the funds in the escrow account being reduced to 30% of the amount initially deposited, the appropriate Board's designated official shall, after notification by the Chief Financial Officer, forthwith bill the applicant for any charges for professional services, it being the intent of this subsection that such 30% be retained in the escrow account until any refunds are due. The appropriate Board's designated official shall also bill the applicant forthwith for any professional services covered by this section, whether or not funds have been refunded pursuant to this chapter. Payment is due within 15 days of receipt of such bill.

G. Failure to pay amount due.

(1) If the applicant has failed to pay any amounts due under this chapter, the Township may:

(a) Stop construction until such amounts and penalties equal to an interest payment on unpaid bills of 1 1/2% per month, plus Township legal fees and collections charges necessary to collect any unpaid bills, are paid.

(b) Deny the issuance of any construction permits or certificates of occupancy if such amounts are due and payable.

(c) Deem any approval conditioned by the Board having jurisdiction on the applicant's payment of any amounts under this chapter to be null and void as though the Board having jurisdiction had denied such application on the date of conditional approval.

(d) Through the Board having jurisdiction, deny the application.

(2) In addition, all escrow charges which are due and owing shall become a lien on the premises with respect to which said charges are required and shall remain so until paid. Said overdue charges shall accrue the same interest from time to time as taxes upon real estate in the Township. The Township shall have the same remedies for the collection thereof with interest, costs and penalties as it has by law for the collection of taxes upon real estate. The applicant shall be responsible for all costs of collection of unpaid escrow fees, including attorneys fees at standard rates, and all costs.

(3) The Board having jurisdiction may deny the application if the applicant has failed to pay any amounts due under this chapter.

(4) In addition, no plat or site plan shall be signed nor shall any zoning permits, building permits, certificates of occupancy or any other types of permits be issued with respect to any approved application for development until all bills for reimbursable services, whether same be for escrows or inspection fees, have been received by the Township from professional personnel rendering services in connection with such application and payment has been approved by the governing body, unless the applicant shall have deposited with the Municipal Clerk an amount, agreed upon by the applicant and the municipal agency, likely to be sufficient to cover all reimbursable items; and upon posting said deposit with the Municipal Clerk, the appropriate maps or permits may be signed and released or issued to the developer. If the amount of the deposit exceeds the actual cost as approved for payment by the governing body, the developer shall be entitled to a return of the excess deposit, together with such interest as allowed by N.J.S.A. 40:55D-53.1; but if the charges submitted and approved by the governing body exceed the amount of the deposit, the developer shall be liable for payment of such deficiency, and, again, no zoning or building permits, certificates of occupancy or other permits shall be issued until said deficiency is satisfied.

[Added 11-21-1994 by Ord. No. 1994-20]

H. Unexpended escrow funds. All unexpended escrow funds shall be refunded to the applicant within a reasonable time after the last construction permit is issued or such earlier time as the Chief Financial Officer certifies that all professional services to be paid by escrow funds have been completed and billed. The refunding process will be in accordance with the guidelines and procedures established by the Division of Local Government in effect at that time. In no event, however, shall the application fees required pursuant to this section be refunded.

I. Fee for inspection of constructive improvements. Each applicant shall pay all reasonable costs (including overtime charged by any professional) for the municipal inspection of the constructed site and off-site improvements for improvements not otherwise inspected pursuant to the Uniform Construction Code,[1] which inspection fee shall be calculated in accordance with Subsection E(3), as to professional fees, and § 130-11 as to municipal administrative fees; and the applicant shall execute an agreement in a form provided by the Township obligating itself to make said payments. An escrow fund will be established with the Township before construction begins, and such fund shall be used to pay the fee and costs of professional and administrative services employed by the Township to inspect the construction.

[Amended 11-21-1994 by Ord. No. 1994-20[2]]

[1] Editor's Note: See Ch. 121, Construction Codes, Uniform.

[2] Editor's Note: This ordinance also repealed former Subsection J, Itemized bills, and Subsection K, Use of performance bonds, and provided for the relettering of former Subsection L as Subsection J.

J. Deposit of escrow funds. The Chief Financial Officer shall deposit all escrow funds in accordance with N.J.S.A. 40:55D-53.1, or any amendments or supplements thereto, and shall charge the administration fee permitted thereunder to defray the cost of administering said account.

§ 130-7 Guaranties and inspections.

A. No final plat shall be approved by the approving authority until all items determined to be in the public interest have either been installed or bonded. Those which have been installed shall have been inspected, certified and approved by the Township Engineer and accepted by the Township Committee and a maintenance guaranty filed and accepted by the Township Committee. Those items required to be bonded shall have been provided for by a performance guaranty accepted and approved by the Township Committee. No maintenance bond shall be accepted on any partially completed facility or for any item which has further work to be completed or which will need to be altered or reworked in any manner due to the installation or connection of any other facility. Any improvements installed prior to final plat application that do not meet the standards of this chapter or other regulations shall be added to the performance guaranty.

B. The applicant shall submit the performance guaranty or guaranties to the Township Engineer, Township Attorney and Township Committee for review and approval by resolution. Final plat submission shall not be made until the performance guaranties have been accepted and approved by the Township Committee. In the event that final approval is by stages or sections, the provisions of this section shall be applied by stage or section.

[Amended 11-21-1994 by Ord. No. 1994-20]

(1) The performance guaranty shall consist of the following minimum components:

(a) Ten percent of said guaranty shall be by way of cash, except that the developer may, at his option, submit more than 10% of the performance guaranty in cash.

(b) In the event that the developer has chosen not to bond the entire amount of the guaranty by way of cash, then a minimum of 25% shall be by way of an irrevocable letter of credit issued in favor of the municipality, upon a form acceptable to the Township Attorney. The letter of credit shall constitute an unconditional payment obligation of the issuer running solely to the municipality for an express initial period of time in the amount determined pursuant to the performance guaranty calculations made by the Township Engineer; shall be issued by a savings or banking institution authorized to do and doing business in the State of New Jersey; shall be for a period of time of at least one year; and shall permit the Township to draw upon the letter of credit if the obligor fails to furnish another letter of credit which complies with the provisions of the Municipal Land Use Law[1] 30 days or more in advance of the expiration date of said letter of credit, or such longer period in advance thereof as is stated in the letter of credit.

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

(c) To the extent that any portion of the bonded improvements are not posted by way of cash or a letter of credit, the balance shall be posted by way of performance bond in which a developer shall be the principal and the surety shall be an acceptable surety company licensed to do business in the State of New Jersey and acceptable to the Township Committee. Any performance bond issued by a surety company shall be issued in the name of and executed by a representative of the developer on its behalf. In addition, at least one corporate officer, partner, member of a joint venture or other similar entity shall also sign the bond in his individual capacity. If the improvements have not been completed in accordance with the standards or within the stipulated time, but no longer than two years, unless otherwise extended by the Township Committee by resolution, the obligor and surety shall be liable thereon for the reasonable cost of completing the improvements. As a condition or as part of any such extension by the governing, body the amount of any performance guaranty 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 Municipal Engineer according to the method of calculation set forth at N.J.S.A. 40:55D-53.4 as of the time of the passage of the resolution.

(2) If the required improvements are not completed or corrected in accordance with the performance guaranty or guaranties, the obligor and surety, if any, shall be liable thereon to the municipality for the reasonable cost of the improvements not completed or corrected, and the municipality 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, N.J.S.A. 40A:11-1 et seq.

(3) Any performance guaranty issued pursuant to this section shall be equal to an amount not to exceed 120% of the cost of installation, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth at N.J.S.A. 40:55D-53.4 for improvements which the approving authority may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, 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. The Municipal Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guaranty, which itemized cost estimate shall be appended to each performance guaranty posted by the obligor.

(4) The Township Engineer shall certify to the governing body that the principal has either satisfactorily installed the improvements in accordance with Subsections G and H of this section or that the developer has defaulted, which certification shall be the basis for the Township Committee's action in either accepting or rejecting the improvements, withholding approval or extending the time allowed for installation of the improvements.

C. Prior to construction, the developer shall arrange a preconstruction conference among the developer, contractor and Township Engineer. The Township Engineer shall be notified by registered mail by the developer at least 72 hours in advance of the start of construction. The cost of inspection shall be the responsibility of the developer, who shall make payment to the Township for said inspection fees in accordance with § 130-6C and I of this chapter and N.J.S.A. 40:55D-53h, and who shall further reimburse the Township for all the reasonable inspection fees by submitting a certified check or bank money order to the Township Clerk/Administrator. This fee shall be in addition to the amount of the performance guaranty and all application and other escrow fees as outlined in this chapter and shall be deposited initially in accordance with the schedule set forth in § 130-6C. Upon completion of the development and all inspections and at the request of the developer, the developer shall receive an accounting of the expended funds, and any unspent funds shall be returned to the developer, unless there is a deficiency in other moneys owed to the Township under this chapter, in which case said moneys shall be retained by the Township to satisfy said deficiencies. Moreover, should the initial deposit be insufficient to cover the inspection costs, the developer shall deposit additional sums, upon notice from the Township Clerk/Administrator, in the amounts and pursuant to the procedure set forth in § 130-6C.

[Amended 11-21-1994 by Ord. No. 1994-20]

D. No work shall be done without permission from and inspection by the Township Engineer. No underground installation shall be covered until inspected and approved. The Township Engineer's office shall be notified after each of the following phases of the work has been completed so that he may inspect the work: road subgrade; curb and gutter forms; curbs and gutters; road paving (after each coat in the case of priming and sealing); drainage pipes and other drainage structures before backfilling; shade trees and planting strips; street name signs; and monuments.

E. All utility installations installed by utility companies shall not be subject to the inspection requirements or bonding.

F. Occupancy permits will be issued only when required fire alarms, curbs, aprons, utilities, functioning water supply and sewage treatment facilities, gutters and other necessary storm drainage to ensure proper drainage of the lot and surrounding land, fine grading of lots, clearing of sight triangles, soil stabilization, including topsoil and seeding base coats for the street and driveway, and sidewalks are installed to serve the lot and structures for which the permit is requested. Streets shall not receive surface course paving until all heavy construction is completed. Shade trees shall not be planted until all grading and earthmoving is completed. A record plan of the as-constructed lot grading shall be provided to the Township Engineer by the applicant, showing the finished lot elevations at all building and property corners, significant low or high points on the lot and the direction of surface water flow. Such plan shall be prepared, signed and sealed by a licensed land surveyor.

[Amended 12-18-1989 by Ord. No. 1989-16; 4-20-1998 by Ord. No. 1998-17]

G. Request by obligor.

[Amended 12-18-1989 by Ord. No. 1989-16; 11-21-1994 by Ord. No. 1994-20]

(1) Upon substantial completion of all required street improvements (except for the top course) and any appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the Township Committee, 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 guaranty issued pursuant to Subsection B of this section, a list of all uncompleted or all unsatisfactorily completed improvements. If such a request is made, the obligator shall send a copy of the request to the Municipal Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Municipal Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Township Committee, 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 Municipal Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guaranty relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to Subsection B of this section.

(3) In case of any development street which is to be dedicated to the Township, the obligor shall employ the services of a testing laboratory to obtain cores of the street pavement, to test said cores for thickness, composition and density for each pavement material present and to provide a certified report of the results to the Township Engineer. The testing laboratory employed and the number and location of the cores shall be approved by the Township Engineer.

[Added 9-16-1996 by Ord. No. 1996-12; amended 7-20-1998 by Ord. No. 1998-24]

(4) In the case of a development storm sewer pipe system which is to be dedicated to the Township, the obligor shall:

[Added 7-20-1998 by Ord. No. 1998-24]

(a) Employ a video inspection service to obtain closed-circuit color television examination of the interior of each and every pipe system and provide a color videotape record of the examination to the Township Engineer. The video inspection service provided and the format of the tape shall be approved by the Township Engineer.

(b) Prepare as-constructed plans and submit two sets to the administrative officer and send a copy to the Township Engineer.

H. Review by Township Committee.

[Amended 11-21-1994 by Ord. No. 1994-20]

(1) The Township Committee, 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 guaranty relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to Subsection B of this section. Reductions shall first be made from the performance bond, letter of credit and cash components of the guaranty in the same proportions as they bear to the full amount of the guaranty. 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 Committee, the obligator shall be released from all liability, pursuant to its performance guaranty, 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 guaranty posted may be retained to ensure completion and acceptability of all improvements.

(2) If the Municipal Engineer fails to send or provide the list and report, as requested by the obligor pursuant to Subsection G of this section, within 45 days from receipt of the request, the obligor may apply to a court of competent jurisdiction, 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 attorneys fees, may be awarded to the prevailing party. 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 guaranty 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 a court of competent jurisdiction in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guaranty for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to Subsection B of this section; and the cost of applying to the court, including reasonable attorneys fees, may be awarded to the prevailing party.

(3) In the event that the obligor fails to complete the improvements within the time required under the guaranty or the approvals, or within any extensions thereof granted by the governing body, and the governing body is required to demand payment under the letter of credit and/or performance bond, the 10% cash shall be first applied to the bidding, engineering and legal costs associated with completing the improvements, and the remaining 90%, whether same be by way of cash, letter of credit or surety bond, shall thereafter be resorted to, if necessary, for the completion of the improvements and any additional bidding, engineering and legal costs associated therewith. In the event that the performance guaranty is insufficient to cover all of said costs, the developer/applicant shall remain liable for any deficiencies.

I. If any portion of the required 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.

[Amended 11-21-1994 by Ord. No. 1994-20[2]]

[2] Editor's Note: This ordinance also repealed former Subsection J, Maintenance guaranty, which immediately followed this subsection.

J. Maintenance guaranty.

[Added 8-21-1995 by Ord. No. 1995-14]

(1) The maintenance guaranty required under Subsection A of this section shall be posted with the governing body for a period not to exceed two years after final acceptance of the improvements, in an amount not to exceed 15% of the cost of the improvements, which cost shall be determined by the Township Engineer according to the method of calculation set forth at N.J.S.A. 40:55D-53.4, as supplemented and amended. 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 maintenance guaranty to another governmental agency, no maintenance guaranty shall be required for such utilities or improvements. The right of any developer or applicant to appeal the Engineer's estimate for purposes of calculating the maintenance guaranty shall be governed by the provisions of N.J.S.A. 40:55D-53.4, as amended and/or supplemented.

(2) Any maintenance guaranty posted hereunder shall consist of a minimum of 10% of the guaranty being posted in cash with the municipality and the balance by way of irrevocable letter of credit pursuant to the provisions of N.J.S.A. 40:55D-53.5, as amended, and/or a maintenance bond in a form acceptable to the Township Solicitor.

(3) Whenever the Township is requested to accept dedication of properties to be maintained for detention or retention basin purposes which shall result in the Township having to expend funds in the future maintenance of such properties, the Township shall, unless otherwise determined by the Township Committee, require that the property owner dedicating such property post with the Township funds which will defray the estimated costs of maintenance for a ten-year period.

[Added 7-10-2007 by Ord. No. 2007-11]

(4) The Township Engineer shall calculate the maintenance cost.

[Added 7-10-2007 by Ord. No. 2007-11]

(5) The estimated maintenance cost contribution for the ten-year period shall be deposited with the Township Clerk at the time other maintenance guarantees are posted for the project or acceptance of the lot by the municipality, whichever shall occur first.

[Added 7-10-2007 by Ord. No. 2007-11]

§ 130-8 Permits.

A. See the provisions of § 130-5, "Enforcement officers."

B. Building permit and certificate of occupancy fees shall be in accordance with the Uniform Construction Code.[1]

[Amended 8-3-1992 by Ord. No. 1992-6]

[1] Editor's Note: See Ch. 121, Construction Codes, Uniform.

C. No zoning permit, building permit or certificate of occupancy shall be issued or approval granted by the approving authority if taxes or assessments for local improvements are due or delinquent on the property for which application is made.

D. No footing or foundation construction shall be allowed to begin until an access road has been constructed (and approved by the Township Engineer) from the nearest existing improved public street to the site of the proposed footing or foundation. The access road shall be passable for emergency vehicles in all weather conditions and shall be constructed of bituminous materials approved by the Township Engineer.

[Added 4-17-1989 by Ord. No. 1989-6; amended 10-2-1995 by Ord. No. 1995-21]

E. No zoning permits, building permits or certificates of occupancy shall be issued for more than 60% of the units to be constructed in a development, until essential improvements required of the developer shall have first been completed and approved by the governing body. "Essential improvements" shall mean and include the following: streets (except for final top course in sections where units remain to be constructed), grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, berms, buffers, landscaping, surveyor's monuments, water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices and public improvements of open space. In the case of site plans, site improvements shall be included in this list of "essential improvements." Nothing herein contained shall relieve the developer of the obligations to complete street work, access roads and water mains pursuant to § 130-8D of this chapter.

[Added 11-21-1994 by Ord. No. 1994-20; amended 7-6-2004 by Ord. No. 2004-24]

§ 130-9 Public hearings.

The approving authority shall hold a public hearing on each application for development, except that minor and exempt subdivisions and site plans shall not require a hearing unless a variance or conditional use is part of the application. All public hearings shall follow the requirements of the Municipal Land Use Law.[1]

[1] Editor's Note: See N.J.S.A. 40:55D-1 et seq.

§ 130-10 Violations and penalties.

A. In case of any violation of this chapter, the Township or any interested party may institute appropriate action to prevent such violation; to restrain, correct or abate such violation; to prevent the occupancy of said structure or land; and to prevent any illegal act, conduct, business or use in or about such premises. Any person convicted of such violation(s) before a court of competent jurisdiction shall be subject to a penalty not to exceed imprisonment in the county jail, or in any place provided by the municipality for the detention of prisoners, for a term not to exceed 90 days or by a fine not to exceed $1,000 or by a period of community service not exceeding 90 days. Each day in which a violation occurs shall be deemed to constitute a separate and distinct violation for purposes of this chapter.

[Amended 11-21-1994 by Ord. No. 1994-20]

B. If before final subdivision approval any person as owner or agent transfers or sells or agrees to transfer or sell any land which forms a part of a subdivision for which municipal approval is required, except pursuant to an agreement expressly conditioned on final subdivision approval, such persons shall be subject to a penalty not to exceed $1,000, and each lot disposition so made shall be a separate violation.

C. In addition, the Township may institute and maintain a civil action:

(1) For injunctive relief.

(2) To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56, or any amendments or supplements thereto.

(3) In the event that the Township institutes and maintains any such civil action as authorized in this section, it shall be entitled to reimbursement for all reasonable attorneys fees and costs incurred in the institution and prosecution of said civil action. In order to avail itself of this remedy, the Township must, except in cases of emergency, first give notice to the alleged violator of the Township's intention to institute suit at least 15 days prior to the filing of suit. Said notice shall be by regular and certified mail to the address last shown on the tax records and any other records that might be available to the Township to identify the proper address of the person charged with the violation. Said fifteen-day period shall be utilized to afford the person so charged with the opportunity to eliminate, correct or abate the violation.

[Added 11-21-1994 by Ord. No. 1994-20]

D. In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors to secure the return of any deposits made or purchase price paid and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.

E. See §§ 130-8, "Permits," and 130-5, "Enforcement officers."