Township of Pilesgrove, NJ Article IX Fees, Guaranties, Inspections and Off-Tract Improvements

§ 145-60 Fees.

A. Every application for development shall be accompanied by a certified check(s) payable to the Township of Pilesgrove in accordance with the following schedule of administrative charges and escrow account deposits. Where one application for development includes several approval requests, the sum of the individually required administrative charges and escrow account deposits shall be paid with separate checks for the total administrative charges and for the total escrow account deposits. Fees and copies of requested items, special meetings and other items also are included in the fee schedule.

[Amended 9-10-1996 by Ord. No. 96-3; 12-29-2000 by Ord. No. 120013; 4-13-2004 by Ord. No. 0404; 12-28-2004 by Ord. No. 04-18; 12-28-2007 by Ord. No. 07-17; 10-13-2009 by Ord. No. 09-09; 4-12-2011 by Ord. No. 11-04; 12-13-2011 by Ord. No. 11-09; 6-10-2014 by Ord. No. 14-06]

			Administrative Charges	plus	Escrow Account Deposits
	Informal reviews:
		One fifteen-minute appearance	$300		$300
		Any additional appearance	$200		$750
	Subdivisions:
		Conservation design process conceptual meeting	$200		$300
		Site inspection/presketch plan conference	$200		$300
		Sketch plan review	$200		$1,500 plus $75 per lot
		Minor subdivision plat	$250		$2,500
		Preliminary major subdivision plat	$500		$5,000 plus $250 per lot
		Final major subdivision plat	$300		$2,500 plus $75 per lot
		Amended minor, preliminary major and/or final major subdivision plat	$150		$1,000
		Request for reapproval or extension of time	$300		$300 plus $25 per lot
	Site plans:
		Minor site plan	$150		$2,000
		Preliminary major site plan	$300		$1,000/acre or part thereof, plus $75/dwelling unit in the case of multiple-family units and/or $0.05/gross square feet of building area in the case of nonresidential buildings, provided that a minimum $1,500 shall be deposited
		Final major site plan	$250		$500/acre or part thereof, plus $5/dwelling unit in the case of multiple-family units and/or $0.025/gross square feet of building area in the case of nonresidential buildings, provided that a minimum $750 shall be deposited
		Amended minor, preliminary major and/or final major site plan	$150		$1,000
		Request for reapproval or extension of time	$300		$300 plus $25 per lot or part thereof
	Conditional uses (in addition to fees for required site plan or review)		$300		$50/acre or part thereof, provided that a subdivision minimum $1,000 shall be deposited
	Variances
		Appeals (N.J.S.A. 40:55D-70a)	$100		$1,000
		Interpretation (N.J.S.A. 40:55D-70b)	$100		$1,000
		Bulk (N.J.S.A. 40:55D-70c)	$200 per application		$1,000/first variance plus $50/each additional variance
		Use and others (N.J.S.A. 40:55D-70d)	$250		$2,000
		Permit (N.J.S.A. 40:55D-34 and 40:55D-35)	$200		$500
		Waivers	$100		$125/first waiver plus $25/each additional waiver
	Any other request or inquiry which is not specifically set forth above or hereafter, including but not limited to classifications for Agricultural Division		$200		$1,000
	Requested special meeting of Planning Board		$1,000		None required
	Certified list of property owners or certified list of public utilities		$0.25/name or $10, whichever is greater		None required
	Copy of minutes, resolutions or decisions		$1.00/page for first copy of said page, plus $0.25/copy for each additional copy of said page		None required
	Transcription of meeting proceedings		At cost, in accordance with N.J.S.A. 2A:11-15 [1]		None required
	Copy of tape of public hearing		$25/tape		None required
	Subdivision approval certificate		$50/certificate		None required
	Certificate of nonconformity (N.J.S.A. 40:55D-68)		$50/certificate		None required
	Zoning application/permits
		Farm structures	$15		None required
		Accessory structures up to 150 square feet	$35		None required
		Aboveground pools	$35		None required
		Patios	$35		None required
		Temporary signs and banners	$35		None required
		Temporary tents	$35		None required
		Driveways	$35		None required
		Fences	$35		None required
		Decks	$50		Non required
		Inground pool	$75		None required
		Accessory structures, 151 to 300 square feet	$60		None required
		Additions (sunrooms, porch enclosures, bedrooms, baths)	$75		None required
		Accessory structures, 301 to 750 square feet	$90		None required
		Accessory structures, 751 to 1,500 square feet	$120		None required
		Single-family dwelling	$150		None required
		Residential ground-mounted solar systems	$50		None required
		All other residential accessories or structures	$35		None required
		Commercial construction	$200		None required
		Modified resubmission of previously denied application	$35		None required
		Any application that involves inspection or review due to the possible presence of wetlands	Fee listed above		$500

[1] Editor Note: N.J.S.A. 2A:11-15 was repealed by L. 1991, c. 119.

B. The administrative charges are flat fees to cover administrative expenses and are nonrefundable.

C. The escrow account deposits are required to pay for the costs of professional services, including engineering, planning, legal and other expenses connected with the review of submitted materials, including any traffic engineering review or other special analysis related to the Township's review of the submitted materials or any necessary studies regarding off-tract improvements. An applicant is responsible to reimburse the Township for all expenses of professional personnel incurred and paid by the Township for the review process of an application for development before a municipal agency, such as but not limited to:

(1) Charges for reviews by professional personnel of applications, plans and accompanying documents;

(2) Issuance of reports by professional personnel to the municipal agency setting forth recommendations resulting from the review of any documents submitted by the applicant;

(3) Charges for any telephone conference or meeting requested or initiated by the applicant, his attorney or any of his experts or representatives;

(4) Review of additional documents submitted by the applicant and issuance of reports relating thereto;

(5) Review or preparation of easements, developer's agreements, deeds, approval resolutions or the like;

(6) Preparation for and attendance at all meetings by professionals serving the Board, such as the Attorney, Engineer and Planner, or other experts as required; and

(7) The cost of expert advice or testimony obtained by the municipal agency for the purpose of corroborating testimony of the applicant's experts.

D. The escrow account deposits shall be placed in a separate account by the Township Treasurer/Chief Financial Officer at the direction of the administrative officer, and an accounting shall be kept of each applicant's deposit.

(1) All professional charges shall be paid from the account and charged to the applicant;

(2) Any moneys not expended for professional services may be returned to the applicant within 90 days upon written request by the applicant and as authorized by the Township Committee;

(3) If at any time during the review procedure 75% of the moneys posted shall have been expended, the applicant shall be required to post such additional sum as may be required by the administrative officer to cover professional costs;

(4) The applicant shall not be entitled to proceed with the application or any development until such time as the necessary moneys have been posted to guarantee payment of professional service fees;

(5) All payments charged to the deposit shall be pursuant to vouchers from the professionals stating the hours spent, the hourly rate and the expenses incurred;

(6) No professional submitting charges to the Township for any review of an application for development shall charge for such services at any higher rate or in any different manner than would normally be charged to the Township for similar work; and

(7) The Township shall render a written final accounting to the developer on the uses to which the deposit was put; and, thereafter, the Township shall, upon written request, provide copies of the vouchers to the developer.

E. Each applicant shall agree to pay all reasonable costs for professional review of the application. All such costs for review must be paid before any approved plat, plan or deed is signed and before any zoning permit, construction permit, certificate of occupancy and/or other permit is issued.

F. Payment by the Township of any bill rendered by a professional to the municipality with respect to any service for which the municipality is entitled to reimbursement under this chapter shall in no way be contingent upon receipt by the municipality of reimbursement from the applicant, nor shall any payment to a professional be delayed pending the reimbursement from an applicant.

G. If an applicant desires a court reporter, the cost for taking testimony and transcribing it and providing a copy of the transcript to the Township shall be at the expense of the applicant, who also shall arrange for the reporter's attendance.

§ 145-61 Guaranties and inspections.

For purposes of this section, the term "public improvements" shall mean streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, street signs, shade trees, surveyor's monuments, fire prevention features, water mains, culverts, sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation devices, landscaping, public improvements of open space and other on-site improvements.

A. Requirements specific to major subdivisions.

(1) No final major subdivision application (whether for an entire tract or a section thereof) shall be approved by the Board until the satisfactory completion and performance of all required public improvements has been certified to the Board by the Township Engineer unless the owner shall have performed the following:

(a) Satisfactorily completed all required utility installations and their appurtenances, including water mains, drainage and detention facilities, culverts, storm sewers, sanitary sewers or dry sewers and public improvements of open space;

(b) Satisfactorily completed all required grading and the macadam base course surfacing of all streets;

(c) Satisfactorily completed the construction of all required curbs; and/or

(d) Filed with the Township a performance guaranty in accordance with Subsection D of this section, sufficient in amount to cover the cost of all remaining required improvements, as estimated by the Township Engineer, and assuring the installation of said improvements on or before an agreed date and as hereinafter provided.

(2) Except as hereafter provided, the remaining required improvements shall be at least 50% completed as to each category set forth in the performance guaranty within one year from the date of final approval or by such time as 50% of the lots in the section in question have been conveyed in any manner by the applicant, whichever shall first occur. At least 75% of the remaining required improvements shall be completed as to each category as set forth in the performance guaranty within 18 months from the date of final approval or at such time as 75% of the lots in the section in question have been conveyed in any manner by the applicant, whichever shall first occur. Such improvements shall be 100% completed and accepted by the Township within two years from the date of final approval or at such time as all of the lots in the section in question shall first occur. It is the intention of the Township Committee that this requirement will provide to those living in each new section of a subdivision a lot that is as complete as possible with respect to tract and individual lot improvements.

B. Requirements specific to major site plans. No final major site plan application (whether for an entire tract or a section thereof) shall be approved by the Board unless: the Township Engineer has certified to the Board that all public improvements required by the preliminary site plan approval have been satisfactorily completed; or the applicant, with the approval of the Planning Board or the Zoning Board of Adjustment, as the case may be, has entered into a developer's agreement with the Township in a form satisfactory to the Township Attorney and authorized by the governing body requiring the installation and maintenance by the applicant (and the applicant's successors in interest) of the public improvements, imposing such limitations upon and/or staging of the development of the site as are necessary to ensure orderly construction of the public improvements on or before an agreed upon date by the filing of a performance guaranty in accordance with Subsection D of this section.

C. Requirements specific to minor subdivisions and minor site plans. In the case of a minor site plan and/or minor subdivision, in the event that the developer elects to complete all improvements without posting the performance guaranty required by Subsection D hereinbelow, no construction shall be commenced until a revised plan is submitted and signed, incorporating all conditions of approval. The developer shall still post the inspection escrow and notify the Township Engineer prior to commencement of work. The administrative officer shall have the power to waive the requirement of an inspection escrow for minor site plans only where the site improvements are established to be less than $3,500, in which case the Township building inspection staff shall perform the inspections, and notice of work to be commenced shall be given to the Township Uniform Construction Code Official instead of to the Township Engineer. Whether or not an inspection escrow is required, all site improvements under this subsection must be completed prior to the issuance of a certificate of occupancy or within 120 days of a temporary certificate of occupancy if the performance guaranty covering the balance of the uncompleted improvements has been posted.

D. Performance guaranty.

(1) A performance guaranty estimate shall be prepared by the Township Engineer for review and approval, setting forth all required improvements as determined by the Board and their estimated cost, provided that no performance guaranty shall be required for the installation of utilities when said utility improvements will be installed by the applicable utility company. Any adjustment in the amount of the performance guaranty shall be approved by resolution of the Township Committee.

(2) The cost of the installation of the required improvements shall be estimated by the Township Engineer based on documented construction costs for public improvements prevailing in the general area of the Township. The developer may appeal the Township Engineer's estimate to the Township Committee. The Township Committee shall decide the appeal within 45 days of receipt of the appeal, in writing, by the Township Clerk. After the developer posts a guaranty with the Township based on the cost of the installation of improvements as determined by the Township Committee, he/she may institute legal action within one year of the posting in order to preserve the right to a judicial determination as to the fairness and reasonableness of the amount of the guaranty.

(3) The applicant shall present two copies of the performance guaranty in an amount equal to 120% of the approved construction cost performance guaranty estimate for approval as to form and execution by the Township Attorney; additional copies of the performance guaranty shall be forwarded by the owner to the Planning Board Attorney or Zoning Board of Adjustment Attorney, as the case may be. The performance guaranty estimates, as prepared by the Township Engineer and approved by the Township Committee, shall be appended to each performance guaranty posted by the obligor.

(4) The performance guaranty shall be made payable and deposited to the Township of Pilesgrove and shall be in the form of cash, irrevocable letter of credit in accordance with N.J.S.A. 40:55D-53.5, a certified check, a performance bond provided by an acceptable surety company licensed to do business in the State of New Jersey and with the applicant as principal or in another form of guaranty acceptable to the Township. The Township shall issue its receipt for such deposits and shall cause the same to be deposited in the name of the Township to be retained as security for completion of all requirements and to be returned to the owner on completion of all required work or, in the event of default on part of the applicant, to be used by the Township to pay the cost and expense of obtaining completion of all requirements.

(5) The applicant shall provide a written agreement from his/her lending institution stating that the lending institution agrees to the time period(s) required for the completion of the improvements and to the release of the guaranty by the Township Committee in accordance with Subsection G of this section.

(6) Ten percent of the amount of the approved performance guaranty shall be deposited by the applicant, in cash, with the Township, unless a partial waiver is granted by the Township pursuant to Subsection D(7). The remaining 90% may be in cash, an irrevocable letter of credit in accordance with N.J.S.A. 40:55D-53.5, a surety bond or in another form of guaranty acceptable to the Township. In the event of default, the ten-percent cash shall be first applied to the completion of the requirements and any bidding and legal costs associated therewith, and the remaining ninety-percent cash, letter of credit, surety bond or other form of guaranty shall thereafter be resorted to, if necessary, for the completion of the requirements and any additional bidding and legal costs associated therewith.

[Amended 11-10-2009 by Ord. No. 09-15]

(7) The Township is authorized, upon request of an applicant, to grant a partial waiver for any redevelopment or development project, located within a properly designated area in need of redevelopment pursuant to P.L. 1992, c. 79,[1] of the requirement to deposit 10% of the amount of the approved performance guaranty in cash with the Township. The partial waiver shall permit the applicant to deposit 5% of the amount of the approved performance guaranty, in cash, with the Township. Provided, however, that the Township, pursuant to a waiver agreement with the applicant, may utilize the funds remaining in the inspection escrow (which by statute is 5% of the performance guarantee) in the event the Township would be required to exercise its rights under the performance guaranty. The Township, pursuant to a valid waiver agreement, may accept the remaining 95% of the performance guaranty in the form of cash, an irrevocable letter of credit, a surety bond, or other form of guaranty as approved by the Township in writing. The granting of a performance guaranty waiver by the Township has been determined to conform to the intent of this chapter by providing the Township access, if necessary, to a cash amount equivalent to the required 10% amount. This waiver shall not be construed to set policy or precedent with regard to projects which are outside of properly designated redevelopment areas.

[Added 11-10-2009 by Ord. No. 09-15]

[1] Editor's Note: See N.J.S.A. 40A:12A-1 et seq.

E. Start of construction. Construction pursuant to a site plan or subdivision approval shall not commence until:

(1) The applicant has paid all fees required by this chapter;

(2) The applicant has received all other governmental approvals required by the Board's resolution of memorialization granting subdivision and/or site plan approval;

(3) All revisions to the submitted plat or plan required by the Board at the time of subdivision or site plan approval have been filed with and approved by the Township Engineer and any other individual or group as may have been specified by the Board in the applicable resolution of memorialization granting subdivision and/or site plan approval.

(4) The applicant's construction plans have been filed with and approved by the Township Engineer;

(5) The applicant has had a preconstruction meeting with the Township Engineer in accordance with § 145-65A of this chapter for the purpose of forecasting and resolving problems that may arise during the time of construction; and

(6) Regarding major subdivisions only, the developer has posted the sales map as required by § 145-58B(6)(e) of this chapter in a prominent location in all offices from which sales of property in the subdivision development will be conducted.

F. Inspection and tests.

(1) All site improvements and utility installations for site plans, subdivisions, plot plans and other realty improvements shall be inspected during the time of their installation under the supervision of the Township Engineer to ensure satisfactory completion. The cost of said inspection shall be the responsibility of the developer, who shall deposit with the Township Treasurer/Chief Financial Officer inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of the improvements as determined by the Township Engineer in accordance with Subsection D(2) of this section, provided that:

(a) For those developments for which the reasonable anticipated inspection fees are less than $10,000, the fees may, at the option of the developer, be paid in two installments. The initial amount deposited by the developer shall be 50% of the reasonably anticipated fees. When the balance of deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for the inspection(s), the developer shall deposit the remaining 50% of the anticipated inspection fees.

(b) For those developments for which the reasonable anticipated inspection fees are $10,000 or greater, the fees may, at the option of the developer, be paid in four installments. The initial amount deposited by the developer shall be 25% of the reasonably anticipated fees. When the balance of deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for the inspection(s), the developer shall make additional deposits of 25% of the anticipated inspection fees.

(2) The inspection escrow shall be deposited by the Township Treasurer/Chief Financial Officer or his/her designee in an account for such purposes under the sole control of the Township. Said inspection escrows may be commingled with similar escrows from other developers, but accurate accounts and records shall be kept so as to identify the particular escrows and charges made against the same. The inspection escrow funds shall be used solely for payment of inspection fees, expenses and costs on behalf of the Township during the course of construction by the Township Engineer.

(3) The Township Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit. Failure of the developer to deposit the required inspection fees in accordance with Subsection F(1) hereinabove will subject the developer to a stop-work order and/or suspension of construction permits.

(4) In no case shall any paving work be done without permission from the Township Engineer. At least two working days' notice shall be given to the Township Engineer prior to any construction so that he or a qualified representative may be present at the time the work is to be done.

(5) Streets shall not be paved with a top course until all heavy construction is completed and, if determined by the Township Engineer to be necessary, the macadam base course has first been restored. Shade trees shall not be planted until all grading and earthmoving is completed. The placing of surveyor's monuments shall be among the last operations.

(6) The Township Engineer's office shall be notified at least two working days prior to the commencement of the following phases of work so that he or a qualified representative may inspect the work:

(a) Road subgrade.

(b) Curb and gutter forms.

(c) Curbs and gutters.

(d) Road paving.

(e) Sidewalk forms.

(f) Sidewalks.

(g) Drainage pipes and other drainage construction.

(h) Street name signs.

(i) Monuments.

(j) Sanitary sewers and pump stations.

(k) Topsoil, seeding and planting.

(l) Underground utilities.

(m) Potable water facilities.

(7) Any improvement installed contrary to the plan or plat approval by the Township shall constitute just cause by the approving authority or designated official to void or deem voidable the municipal approval. Moreover, if a certificate of occupancy or construction permit is issued by a Township official pursuant to Article X of this chapter, such certificate or permit does not indicate acceptance by the Township of any deviation(s) from the plan or plat as approved by the Board.

(8) Any improvement installed without notice for inspection pursuant to Subsection F(4) hereinabove shall constitute just cause for:

(a) Removal of the uninspected improvement;

(b) The payment by the developer of any costs for material testing;

(c) The restoration by the developer of any improvements disturbed during any material testing; and/or

(d) The issuance of a stop-work order by the Township Engineer pending the resolution of any dispute.

(9) Inspection by the Township of the installation of improvements and utilities shall not operate to subject the Township of Pilesgrove to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter; it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the owner and his contractor, if any.

(10) Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of the same to the public system, the obligor may request of the Township Committee, in writing, by certified mail 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 pursuant to Subsection D(3) of this section, a list of all uncompleted or unsatisfactorily 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. The Township Engineer shall inspect all the 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.

(11) If the Township Engineer fails to send or provide the list and report, as requested by the obligor, within 45 days from the 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.

(12) The list prepared by the Township Engineer pursuant to Subsections F(10) and (11) hereinabove 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 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 D(3) of this section.

G. Release. 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 D(3) 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.

(1) Upon adoption of the resolution by the Township Committee, the obligor 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) In the event that the obligor has made a cash deposit with the Township or approving authority as part of the performance guaranty, any partial reduction granted in the performance guaranty shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guaranty.

(3) If any portion of the required improvements is rejected, the obligor shall complete or correct such improvements and, upon completion or correction, shall notify the Township Committee as specified in Subsections F(10) and (11) of this section, and the same procedures shall be followed as in the first instance.

(4) Prior to the approval by the Township Committee of the final reduction and release of the performance guaranty, all easements and open space shall be conveyed to the Township or such other guaranty as specified on the final plat by deed containing a metes and bounds legal description.

(5) If the Township Committee fails to approve or reject the improvements determined by the Township 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 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 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 D(3) of this section, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

H. Conditions and acceptance of improvements. The approval of any application for development by the Township shall in no way be construed as acceptance of any street or drainage system or other improvement. No improvements shall be accepted by the Township Committee unless and until all of the following conditions have been met:

(1) The final application for development shall have been approved by the Planning Board or Zoning Board of Adjustment, as the case may be, and the developer shall have submitted an affidavit, signed by a licensed New Jersey professional land surveyor, certifying that all required monuments have been set in accordance with the Map Filing Law[2] and any approved subdivision plat;

[2] Editor's Note: See N.J.S.A. 46:26B-1 et seq.

(2) The Township Engineer shall have certified, in writing, that the improvements are completed and that they comply with the requirements of this chapter and the terms of the final application for development approved by the Board;

(3) Maintenance guaranty.

(a) The owner shall have filed with the Township Committee a maintenance guaranty in an amount equal to and not more than 15% of the cost of installing the improvements, the cost to be determined by the Township Engineer in accordance with Subsection D(2) hereinabove. The maintenance guaranty shall run for a period of two years, provided that the maintenance guaranty shall not terminate until the Township Committee has authorized its release pursuant to a recommendation by the Township Engineer;

(b) The procedures and requirements governing such maintenance guaranty shall be identical with the procedures and requirements for a performance guaranty set forth in this chapter. The requirements for a maintenance guaranty may be waived by the Township Committee only if the Township Engineer has certified that the improvements have been in continuous use for not less than two years from the date the Township Engineer certified completion of such improvements and that during this period the owner has maintained the improvements in a satisfactory manner; and

(4) An as-built plan and profiles of all utilities and roads (two black-and-white prints to be sent to the Township Engineer plus a Mylar copy and two black-and-white prints to be sent to the administrative officer), with certification signed and sealed by a New Jersey licensed professional engineer as to the actual construction as approved by the Township Engineer, shall be provided.

I. Extension of time. The time allowed for the installation of the improvements for which the performance guaranty has been provided may be extended by the Township Committee by resolution, provided that the current cost of installation of such improvements shall first be redetermined by the Township Engineer, and if such current cost is found to be greater than the cost as originally determined, the applicant shall be required to increase the amount of the performance guaranty to an amount equal to 120% of the installation cost as redetermined. In the event that the redetermined cost shall be less than the cost as originally determined, and in further the event that the applicant's performance guaranty exceeds 120% of such redetermined costs, the applicant shall be entitled to a reduction of the performance guaranty to an amount equal to 120% of such redetermined costs.

J. Default by developer.

(1) If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, under the performance guaranty shall be liable thereon to the Township for the cost of the improvements not completed or constructed, and the Township, either prior to or after receipt of the proceeds thereof, may complete the 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.[3]

[3] Editor's Note: See N.J.S.A. 40A:11-1 et seq.

(2) For purposes of this subsection, "default" shall mean failure to install the improvements in accordance with Township standards of construction, including but not limited to failure to install the improvements prior to the expiration of the performance guaranty. The Township Engineer's certification that the developer has defaulted in compliance with the required standards of construction and installation of improvements shall be the basis for Township Committee action which rejects the improvements, withholds approval, withholds construction permits or formally declares default and authorizes collection on the performance guaranty.

K. Penalties. In addition to the penalties for violation of this chapter in accordance with § 145-67, the Township Engineer or another Township official designated by the Township Committee is specifically authorized to require the replacement or restoration of any lands, buildings, structures and site improvements (including clearing, whether on-site or off-site) or of any other work commenced or continued on any site for which an approval is required pursuant to this chapter in violation of any stop-construction order or the standards for construction as established by the Township.

§ 145-62 Special provisions for escrow deposits exceeding $5,000.

Whenever an amount of money in excess of $5,000 is deposited by an applicant or developer with the Township for professional services employed by the Township for the review of submitted applications for development pursuant to § 145-60 of this chapter or for inspections pursuant to § 145-61F of this chapter or to satisfy the guaranty requirements pursuant to § 145-61D of this chapter, 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 section, shall continue to be the property of the applicant or developer and shall be held in trust by the municipality in accordance with the following:

A. The money deposited shall be held in escrow.

B. The money shall be deposited by the Township 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.

C. The money shall be deposited in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits.

D. 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.

E. The Township shall not be required to refund an amount of interest paid on a deposit which does not exceed $100. However, if the amount exceeds $100, that entire amount shall belong to the applicant or developer and shall be refunded to him/her 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 not more than 33 1/3% of that entire amount, which shall be in lieu of all other administrative and custodial expenses.

§ 145-63 Off-tract improvements.

A. Required improvements. Applicants shall be required, as a condition for approval of a subdivision, site plan or conditional use, to pay their pro rata share of the cost of providing reasonable and necessary street improvements and/or water, sewerage and drainage facility improvements and any necessary easements therefore located outside the property limits of the subject premises but indicated in the Township Master Plan and necessitated or required by construction or improvements within such subdivision or development. The following criteria shall be utilized in determining the developer's proportionate pro rata monetary share for the necessary off-tract developments.

B. Improvements to be constructed at the expense of the developer. In cases where the need for an off-tract improvement is reasonably created by the proposed subdivision or development and where no other property owners receive a special benefit thereby (as opposed to a mere incidental benefit), the applicant may be required, as a condition of approval and at the applicant's sole expense, to acquire and/or improve lands outside the tract and dedicate such lands to the Township of Pilesgrove or Salem County or, in lieu thereof, require the subdivider or developer to deposit with the Township a sum of money sufficient to allow the Township to acquire and/or improve such lands on conditions it may deem appropriate under the circumstances.

C. General standards for other improvements. In cases where the need for any off-tract improvement to be implemented now or in the future is reasonably necessitated by the proposed development application and where it is determined that properties outside the development also will be benefited by the improvement, the following criteria, together with the provisions or rules and regulations of the Township of Pilesgrove or any department thereof, may be utilized in determining the developer's proportionate share of such improvements:

(1) Sanitary sewers. For distribution facilities, including the installation, relocation or replacement of collector, trunk and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith, the applicant's proportionate share shall be computed as follows:

(a) The capacity and the design of the sanitary sewer system shall be based on the Rules and Regulations for the Preparation and Submission of Plans for Sewerage Systems, New Jersey State Department of Environmental Protection, and all Pilesgrove Township sewer design standards, including infiltration standards.

(b) Developer's pro rata share.

[1] The capacity of the existing system to serve the entire improved drainage area shall be computed. If the system is able to carry the total development drainage basin, no improvement or enlargement cost will be assigned to the developer, although some charges, including but not limited to capacity charges, may be imposed. If the existing system does not have adequate capacity for the total development drainage basin, the prorated enlargement or improvement share shall be computed as follows:

	Developer's prorated share		Development (gallons per day)
		=
	Total enlargement or improvement cost		Total tributary (gallons per day)

[2] If it is necessary to construct a new system in order to develop the subdivision or development, the prorated enlargement share to the developer shall be computed as follows:

	Developer's prorated share		Development tributary (gallons per day)
		=
	Total project cost		Total tributary (gallons per day) to new system

[3] Specific plans for the improved system or the extended system shall be prepared by the developer's engineer and submitted to the Planning Board or Zoning Board of Adjustment, as the case may be, during the time period when the Board is reviewing the proposed subdivision and/or site plan application. The total cost for the improvement and the developer's prorated share of the total cost shall be calculated by the developer's engineer, submitted to the Board, reviewed by the Township Engineer and approved by the Planning Board or Zoning Board of Adjustment, as the case may be, with any reasonable adjustments to the estimated costs, at the time when preliminary approval of the application for development is granted.

(2) Roadways. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvement uncovered elsewhere, the construction or reconstruction of new or existing streets and other associated streets or traffic improvements, the applicant's proportionate cost shall be determined as follows:

(a) The applicant's engineer shall provide the Township Engineer with the existing and anticipated peak-hour volumes which impact the off-tract areas in question, which volumes shall analyze pedestrian, bicycle and motor vehicle traffic.

(b) The applicant shall furnish a plan for the proposed off-tract improvements, which shall include the estimated peak-hour traffic generated by the proposed development. The ratio of the peak-hour traffic generated by the proposed development to the future peak-hour traffic shall form the basis of the proportionate share. The prorated share shall be computed as follows:

	Developer's prorated share		Additional peak-hour traffic generated by the development
		=
	Total cost of roadway improvement and/or extension		Future total peak-hour traffic

(c) Specific plans for the roadway improvement and/or extension shall be prepared by the developer's engineer and submitted to the Planning Board or Zoning Board of Adjustment, as the case may be, during the time period when the Board is reviewing the proposed subdivision and/or site plan application. The total cost for the improvement and/or extension and the developer's prorated share of the total cost shall be calculated by the developer's engineer, submitted to the Board, reviewed by the Township Engineer and approved by the Planning Board or Zoning Board of Adjustment, as the case may be, with any reasonable adjustments to the estimated costs, at the time when preliminary approval of the application for development is granted.

(3) Drainage improvements. For the stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, riprap or improved drainage ditches and appurtenances thereto and the relocation or replacement of other storm drainage facilities or appurtenances associated therewith, the applicant's prorated share shall be determined as follows:

(a) The capacity and design of the drainage system to accommodate stormwater runoff shall be computed by the developer's engineer and approved by the Township Engineer and shall be based on a method either described in Urban Hydrology for Small Watersheds, Technical Release 55, Soil Conservation Service USDA, January 1986, as amended, or as described in American Society of Civil Engineers Manuals and Reports on Engineering Practice No. 37, 1974, as amended, or as otherwise approved by the Township Engineer.

(b) The capacity of the enlarged, extended or improved system required for the subdivision or development and areas outside of the subdivision or development shall be computed by the developer's engineer and be subject to the approval of the Township Engineer. The plans for the improved system shall be prepared by the developer's engineer, and the estimated cost of the enlarged system shall be calculated by the Township Engineer. The prorated share for the proposed improvement shall be computed as follows:

	Developer's prorated share		Development (cubic feet per second)
		=
	Total enlargement or improvement cost of drainage facilities		Total tributary (cubic feet per second)

(c) Specific plans for the enlargement or improvement of the drainage facilities shall be prepared by the developer's engineer and submitted to the Planning Board or Zoning Board of Adjustment, as the case may be, during the time period when the Board is reviewing the proposed subdivision and/or site plan application. The total cost for the enlargement or improvement and the developer's prorated share of the total cost shall be calculated by the developer's engineer, submitted to the Board, reviewed by the Township Engineer and approved by the Planning Board or Zoning Board of Adjustment, as the case may be, with any reasonable adjustments to the estimated costs, at the time when preliminary approval of the application for development is granted.

(4) Water.

(a) Regarding all nonresidential developments and all planned developments and regarding subdivisions where public water is accessible, water mains shall be constructed and connected to the existing public water supply systems by the applicant at the applicant's sole expense and in such a manner as to make adequate water service available to each lot or building within the development. The entire system shall be designed in accordance with the requirements and standards of the local and/or state agency having approval authority and shall be subject to their approval. The system also shall be designed with adequate capacity and sustained pressure and in a looped system with no dead-end lines, whenever possible.

(b) For purposes of this section, regarding subdivisions, "accessible" shall mean that the property to be developed is no further from an existing water main than the number of feet calculated by multiplying the number of lots in the proposed subdivision by 200 or, in the case of subdivisions in which more than 15 lots are proposed, "accessible" shall mean that the property to be developed is within one mile of an existing water main.

(c) Where no public water is accessible to a subdivision as defined hereinabove, water shall be furnished on an individual lot basis. If wells are installed on each lot and the lot also contains its own sewage disposal facilities, the wells shall be of the drilled type with a minimum 100 feet of casing where possible or, where such minimum footage of casing is not possible, the well shall be drilled at least 20 feet into unweathered rock. Well installation, sealing and testing shall be in accordance with the New Jersey Standards for Construction of Water Supply Systems in Realty Improvements (Chapter 199 of the Public Laws of 1954),[1] as amended, and in accordance with the guidelines and resolutions adopted by the County Board of Health. Prior to being placed in consumer use and prior to issuance of a certificate of occupancy for any building served by the well, the developer shall certify to the County Board of Health that he/she has complied with all applicable state, county and local regulations.

[1] Editor's Note: See N.J.S.A. 58:11-23 et seq.

(d) Where no public water is accessible to a subdivision as defined hereinabove, in addition to complying with the other applicable provisions of this chapter, the applicant shall deposit funds in escrow with the Township of Pilesgrove in an amount equal to the cost of connecting the subdivision to an existing public water supply system calculated on the basis of 200 feet per unit. The escrow amount shall be calculated by determining the costs of providing such water main extension as charged by the public water utility for such service, including but not limited to materials, installation, taxes, appurtenances and surcharges, if any.

(e) In lieu of depositing the aforesaid escrow funds, the applicant may, at his/her option, elect to install water main extensions in the subdivision, even though public water may not be accessible, as defined hereinabove.

D. Escrow accounts. Where the proposed off-tract improvement is to be undertaken at a future date, funds required for the improvement shall be deposited to the credit of the Township of Pilesgrove in a separate account until such time as the improvement is constructed. In lieu of a cash escrow account, developers may present irrevocable letters of credit for the term required in a form acceptable to the Township Attorney. If the off-tract improvement is not begun within 10 years of the deposit, all moneys and interest shall be returned to the applicant or the letter of credit, as the case may be, surrendered. An off-tract improvement shall be considered begun if the Township of Pilesgrove has taken legal steps to provide for the design and financing of such improvements.

E. Referral to Township Committee.

(1) Where applications for development suggest the need for off-tract improvements, whether to be installed in conjunction with development in question or otherwise, the Planning Board or the Zoning Board of Adjustment, as the case may be, shall forthwith forward to the Township Committee a list and description of all such improvements, together with a request that the Township Committee determine and advise the Board of the procedure to be followed in construction or installation thereof, including timing. The Board shall defer final action upon the subdivision or site plan until receipt of the Township Committee determination or the expiration of 90 days after the forwarding of such list and description to the Township Committee without determination having been made, whichever comes sooner.

(2) The Township Committee, within 90 days after receipt of said list and description, shall determine and advise the Planning Board or Zoning Board of Adjustment, as the case may be, concerning the procedure to be followed and advise the Board with regard to suggested conditions of approval, if any, to adequately protect the municipality.

(3) In the event that the Planning Board or Zoning Board of Adjustment, as the case may be, is required by statute to act upon the application prior to receipt of the Township Committee's determination as to construction of off-tract improvements, it shall request the applicant to consent to an extension of time within which to act, of sufficient duration to enable the Township Committee to make the aforesaid determination. In the event that the applicant is unwilling to consent to the requested extension of time, the Planning Board or Zoning Board of Adjustment, as the case may be, shall, in its discretion, either itself determine the procedure to be followed in constructing the aforesaid improvements or shall condition its approval upon the subsequent determination of the Township Committee.

F. Implementation of off-tract improvements.

(1) In all cases, developers shall be required to enter into an agreement or agreements with the Township Committee in regard to off-tract improvements within one year from the date of municipal subdivision or site plan approval and in accordance with this chapter and any other ordinances, policies, rules and regulations of the Township of Pilesgrove, Salem County, and the State of New Jersey and any departments, authorities or agencies thereof.

(2) Should such an agreement or agreements not be entered into within the aforesaid one-year time period or within such extended time period as may be granted by the Township Committee, the municipal subdivision and/or site plan approval shall be deemed null and void.

(3) Where properties outside the subject tract will be benefitted by the improvements, the Township Committee may require the applicant to escrow sufficient funds, in accordance with Subsection D hereinabove, to secure the developer's pro rata share of the eventual cost of providing future structural improvements based upon the standards expressed herein.

(4) Where properties outside the subject tract will benefit by the improvements, the Township Committee may determine that the improvement or improvements are to be installed by the municipality as a general improvement, the cost of which is to be borne as a general expense. If the Township Committee shall determine that the improvement or improvements shall be constructed or installed as a general improvement, the Township Committee may direct the Planning Board to estimate, with the aid of the Township Engineer or such other persons who have pertinent information or expertise, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the subject tract, will be specifically benefitted thereby, and the subdivider or developer shall be liable to the municipality for such expense.

(5) If the Township Committee shall determine that the improvement or improvements shall be constructed or installed as a local improvement, all or a part of the cost of which is to be assessed against properties benefitted thereby in proportion to the benefits conferred by the improvements in accordance with Chapter 56 of Title 40 of the Statutes of the State of New Jersey,[2] the developer may be required to sign an agreement acknowledging and agreeing to this procedure and, in addition, the Township Committee may require that the developer shall be liable to the municipality, in addition to the amount of any special assessments against the subject property for benefits conferred by the improvement or improvements, the difference between the total cost actually incurred and the total amount by which all properties, including the subject tract, are specially benefitted by the improvement as the same may be determined by the Board of Improvement Assessors.

[2] Editor's Note: See N.J.S.A. 40:56-1 et seq.

(6) If the Township Committee shall determine that the improvements are to be constructed or installed by the applicant, such agreement may contain provisions consistent with the standards in this chapter and any other rules, regulations or policies of the Township of Pilesgrove, County of Salem, and the State of New Jersey and any departments, authorities or agencies thereof with jurisdiction therein, whereby the applicant shall be reimbursed by the municipality or otherwise, as a result of any participation fees, connection charges, charges paid in regard to developer's agreements with other applicants and the like, all in accordance with an agreement between the Township Committee and the applicant.

(7) In determining the procedures to be followed in the event of the submission of a list and request from the Planning Board, the Township Committee shall be guided by the following standards and considerations:

(a) The local trends in regard to the probability of development within the drainage or circulation area in question and the intensity of such development;

(b) The risk and exposure that neighboring areas are subject to in the event that the improvements to be required are delayed;

(c) The extent to which temporary measures may sufficiently alleviate the condition or conditions requiring the off-tract improvement and the likelihood that larger, regional or subregional facilities will be required in the future to serve the development tract and the general area of the municipality in which the same is located; and

(d) The extent to which the health, safety and welfare of the residents, both current and future, depend upon the immediate implementation of the off-tract improvement.