The reviewing board shall grant final approval
if the detailed drawings, specifications and estimates of the application
for final approval conform to the standards established by ordinance
for final approval and the conditions of preliminary approval, provided
that in the case of a planned development, the reviewing body may
permit minimal deviations from the conditions of preliminary approval
necessitated by change of conditions beyond the control of the developer
since the date of preliminary approval without the developer being
required to submit another application for development for preliminary
approval.
Final approval shall be granted or denied within
45 days after submission of a complete application to the Secretary
of the reviewing board, or within such further time as may be consented
to by the applicant. Failure of the reviewing board to act within
the period prescribed shall constitute final approval of the application
for final approval as submitted, and a certificate of the Secretary
of the reviewing board as to failure of the reviewing board to act
shall be issued on request of the applicant, and it shall be sufficient
in lieu of the written endorsement or other required evidence of approval.
A complete application for final approval shall
consist of the following:
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 149-19 of this chapter, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the reviewing board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to §§ 149-11 through 149-16 of this chapter for the section granted final approval.
In the case of a site plan for a planned development of 50 acres or more or conventional site plan for 150 acres or more, the reviewing board may grant the rights referred to in § 149-23 of this article for such period of time, longer than two years, as shall be determined by the reviewing board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the reviewing board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the reviewing board to be reasonable taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.
A.
Performance guaranties, maintenance guaranties and inspection fees.
As a condition of final site plan approval or final subdivision approval,
the Joint Land Use Board may require the developer to post a performance
guarantee for the purpose of assuring the installation of on-tract
improvements consistent with the provisions of N.J.S.A. 40:55D-53
and pursuant to the following procedures:
[Amended 5-3-2021 by Ord.
No. 2021-05]
(1)
The developer shall furnish a performance guarantee in favor of the
Township in an amount not to exceed 120% of the cost of installation
of the following on-site improvements that are to be dedicated to
a public entity, and that have not yet been installed, as shown on
the approved plans or plat, as the case may be: streets, pavement,
gutters, curbs, sidewalks, streetlighting, street trees, surveyor's
monuments, water mains, sanitary sewers, community septic systems,
drainage structures, public improvements of open space, and any grading
necessitated by the preceding improvements.
(2)
The developer shall furnish a performance guarantee to include, within
an approved phase or section of a development privately owned perimeter
buffer landscaping, as required by N.J.S.A. 40:55D-53(1)(b).
(3)
The developer shall furnish to the municipality a "safety and stabilization
guarantee," in favor of the municipality as described in N.J.S.A.
40:55D-53(1)(d). At the developer's option, a "safety and stabilization
guarantee" may be furnished either as a separate guarantee or as a
line item of the performance guarantee.
(4)
The developer shall have the option to post each required guarantee
in any of the following forms:
(5)
The cost of any performance guarantee required hereunder shall be
determined by the Township Engineer who shall prepare an itemized
cost estimate of the improvements covered by the performance guarantee
which itemized cost estimate shall be appended to each performance
guarantee posted by the developer. Said itemization shall be the basis
for determining the amount of performance guarantee and maintenance
guarantee required by the approving authority consistent with this
section. The Township Engineer shall forward his estimate of the cost
of improvements to the developer within 30 days of the date of receipt
of a request sent by certified mail for said estimate.
(6)
Prior to the release of a performance guarantee, the developer shall
furnish a maintenance guarantee in an amount not to exceed 15% of
the cost of the installation of the improvements which are being released.
The term of the maintenance guarantee shall be for a period not to
exceed two years and shall automatically expire at the end of the
established term.
(7)
The developer shall post with the municipality, upon the inspection
and issuance of final approval of the following private site improvements
by the municipal engineer, a maintenance guarantee in an amount not
to exceed 15% of the cost of the installation of the following private
site improvements: stormwater management basins, inflow and water
quality structures within the basins, and the outflow pipes and structures
of the stormwater management system, if any, which cost shall be determined
according to the method of calculation set forth in Section 15 of
P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
(8)
In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed or the improvements
are covered by a performance or maintenance guarantee issued for the
benefit of another governmental agency, no performance or maintenance
guarantee, as the case may be, shall be required for such utilities
or improvements.
(9)
Temporary certificate of occupancy.
(a)
In the event that a developer shall seek a temporary certificate
of occupancy for a development, unit, lot, building, or phase of development,
as a condition of the issuance thereof the developer shall furnish
a separate guarantee, referred to herein as a "temporary certificate
of occupancy guarantee," in an amount equal to 120% of the cost of
installation of only those improvements or items which remain to be
completed or installed under the terms of the temporary certificate
of occupancy and which are required to be installed or completed as
a condition precedent to the issuance of the permanent certificate
of occupancy for the development, unit, lot, building or phase of
development. Upon posting of a temporary certificate of occupancy
guarantee, all sums remaining under a performance guarantee which
relate to the development, unit, lot, building, or phase of development
for which the temporary certificate of occupancy is sought shall be
released.
(b)
The scope and amount of the temporary certificate of occupancy
guarantee shall be determined by the Township Engineer based upon
the projected cost of improvements remaining for issuance of the temporary
certificate of occupancy which shall be provided by the applicant
to the Township Engineer, and shall include items such as sidewalks
and street trees at the subject property; roadways (including surface
course) from the property to the fully improved roadway; water and
sewer infrastructure from the property to the main; stormwater conveyance
to serve the property and stormwater management structures/basins
for the current project phase.
(c)
The temporary certificate of occupancy guarantee shall be released
by the Township Engineer upon the issuance of a permanent certificate
of occupancy with regard to the development, unit, lot, building,
or phase as to which the temporary certificate of occupancy relates.
(10)
Inspection fees. The obligor shall reimburse the municipality
for reasonable inspection fees paid to the municipal engineer for
the foregoing inspection of improvements as described in N.J.S.A.
40:55D-53.
B.
The amount of any performance guaranty may be reduced
by the Township Committee, by resolution, when portions of the improvements
have been certified by the Municipal Engineer to have been completed.
The time allowed for installation of the improvements for which the
performance guaranty has been provided may be extended by the Township
Committee by resolution.
C.
If the required improvements are not completed or
corrected in accordance with the performance guaranty, 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 improvement.
D.
When all of the required improvements have been completed,
the obligor shall notify the Township Committee in writing, by certified
mail addressed in care of the Municipal Clerk, of the completion of
said improvements and shall send a copy thereof to the Municipal Engineer.
Thereupon the Municipal Engineer shall inspect all of the improvements
and shall file a detailed report, in writing, with the Township Committee,
indicating either approval, partial approval or rejection of the improvements
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
E.
The governing body shall either approve, partially
approve or reject the improvements, on the basis of the report of
the Municipal Engineer and shall notify the obligor in writing, by
certified mail, of the contents of said report and the action of said
reviewing board with relation thereto, not later than 65 days after
receipt of the notice from the obligor of the completion of the improvements.
Where partial approval is granted, the obligor shall be released from
all liability pursuant to its performance guaranty, except for that
portion adequately sufficient to secure provision of the improvements
not yet approved. Failure of the Township Committee to send or provide
such notification to the obligor within 65 days shall be deemed to
constitute approval of the improvements, and the obligor and surety,
if any, shall be released from all liability, pursuant to such performance
guaranty.
F.
If any portion of the required improvements is rejected,
the reviewing board may require the obligor to complete such improvements,
and, upon completion, the same procedure of notification, as set forth
in this section shall be followed.
G.
Nothing herein, however, shall be construed to limit
the right of the obligor to contest by legal proceeding any determination
of the governing body or the Municipal Engineer.
H.
The obligor shall reimburse the municipality for all
reasonable inspection fees paid to the Municipal Engineer for the
foregoing inspection of improvements.
[Added 5-4-2015 by Ord.
No. 2015-07]
The requirement for performance guarantees as set forth in § 149-25 shall not apply to commercial development.
[Added 4-3-2017 by Ord.
No. 2017-07]
A.
Final approval for site plan approval involving residential housing
shall be conditioned upon the applicant furnishing final development
plans to both the Swedesboro-Woolwich School District and the Kingsway
Regional School District. Said plans shall include the following:
B.
Proof of service. The Township of Woolwich will not sign approved
plans until the applicant has provided a certification of proof of
service to the school districts on a form to be provided to the applicant
along with proof of return receipt of certified mailing.
