Township of Allamuchy, NJ Article 900 Fees, Guarantees, Start of Construction, Inspections and Off-Tract Improvements

§ 190-901 Fees.

[Amended 7-18-2006 by Ord. No. 2006-14; 5-21-2013 by Ord. No. 2013-05; 8-13-2025 by Ord. No. 2025-08]

A. Fees for applications for development or for the rendering of any services by approving boards or any members of their administrative and professional staffs shall be in accordance with the Fee Schedule in this article. Fees shall be paid by check payable to the Township of Allamuchy. Where one application for development includes several approval requests, the sum of the individual required fees shall be paid.

			Application Charge	+	Escrow Account
1.	Subdivision1
	a.	Minor subdivision plat	$150		$500 per lot
	b.	Preliminary major subdivision plat	$300		$500 per lot; a maximum $20,000 shall be initially deposited
	c.	Final major subdivision plat	$150		$250 per lot; a maximum $10,000 shall be initially deposited
	d.	Informal concept subdivision plat	$100		$1,000 (if professional review is requested)
	e.	Amended preliminary major	$150		$300 per lot; a maximum $10,000 shall be initially deposited
	f.	Amended final major subdivision plat	$150		$175 per lot; a maximum $5,000 shall be initially deposited
2.	Site plans1
	a.	Minor site plan	$150		$500/acre or part thereof, plus $50/du in the case of residential units and/or $0.05/gross square feet of building area in the case of nonresidential building; a maximum $20,000 shall be initially deposited
	b.	Preliminary major site plan	$300		$500/acre or part thereof, plus $50/du in the case of residential units and/or $0.05/gross square feet of building area in the case of nonresidential building; a maximum $20,000 shall be initially deposited.
	c.	Final major site plan	$150		$250/acre or part thereof, plus $25/du in the case of residential units and/or $0.025/gross square foot, of building area in the case of nonresidential building; a maximum $10,000 shall be initially deposited
	d.	Informal concept site plan	$100		$1,000 (if professional review is requested)
	e.	Amended preliminary major and/or final major site plan	$150		1/2 the amount otherwise calculated for a preliminary major site plan or final major site plan, as the case may be
3.	Conditional uses, not including required site plan or subdivision review		$150		$50/acre or part thereof
4.	Variances
	a.	Appeals (N.J.S.A. 40:55D-70a)	$50		$250 each
	b.	Interpretation (N.J.S.A. 40:55D-70b)	$50		$250 each
	c.	Bulk (N.J.S.A. 40:55D-70c)	$50		$250 each residential; $350 each nonresidential
	d.	Use and others (N.J.S.A. 40:55D-70d)	$250		$2,000
	e.	Permit (N.J.S.A. 40:55D-34 and 35)	$125		$500
5.	General development plans		$300		$100/acre or part thereof; a maximum $20,000 shall be initially deposited
6.	Approval time extensions		$100		$500
7.	Zone change requests		$150		$500 per acre; a maximum $5,000 shall be initially deposited
8.	Certified list of property owners (see § 190-706D of this chapter)		$0.25/name or $10, whichever is greater		None required
9.	Copy of minutes, resolutions or decisions		For each letter-size page or smaller: $0.05. For each legal-size page or larger: $0.07.		None required
10.	Transcription of meeting proceedings		At cost, in accordance with N.J.S.A. 2B:7-4		None required
11.	Subdivision approval certificate (see § 190-1003 of this chapter)		$50/certificate		None required
12.	Zoning permit type
		Residential renovation/additions and accessory structures/building (<$10,000)	$50		None required
		Residential renovation/additions and accessory structures/buildings (>$10,000)	$75		None required
		New single-family dwelling	$100		None required
		Commercial — new business or change of use	$150		None required
		Commercial renovations/additions and accessory structures/buildings (<$100,000)	$100		None required
		Commercial renovations/additions and accessory structures/buildings (>$100,000)	$150		None required
13.	Drive-through facilities for all applications		None		$1,500 per drive-through facility; a maximum initial deposit $4,000
14.	Requested special meeting of Land Use Board		$500		No additional fees required
15.	Certificate of nonconformity (N.J.S.A. 40:55D-68)		$50/certificate		None required
16.	Tax Map revisions
		Minor site plan	$100 + $35 per lot/unit
		Major site plan	$100 + $35 per lot/unit
		Minor subdivision	$250
		Major subdivision (4 to 7 lots)	$450
		Major subdivision (8 to 12 lots)	$700
		Major subdivision (13 to 19 lots)	$900
		Major subdivision (20+ lots)	$1,100 + $35 per lot in excess of 20
17.	Sign permit fee		$50		None required

NOTE:
1	For planned developments which require both subdivision and site plan approval, the higher of the applicable fee only shall apply.

B. The application fee is a flat fee to cover administrative expenses including the initial intake of the application and the distribution of the same, and it is nonrefundable.

C. The escrow account is established to provide payment for technical and professional costs of the review of applications, review and preparation of documents, and is based on the Fee Schedule of this section. Reviewing applications shall include, but shall not be limited to, all times spent at meetings by the professional staff.

D. Inspection fees. No construction or disturbance of land shall be authorized until all inspection fees have been paid to the municipality. Verification of said payment shall be certified to by the Chief Financial Officer of the Township.

(1) The applicant shall pay a sum not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of improvements, which cost shall be determined pursuant to law.

(2) For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the applicant, be paid in two installments, and the initial payment deposited by the applicant 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 applicant has been reduced by the amount paid to the Municipal Engineer for inspection, the applicant shall deposit the remaining 50% of the anticipated inspection fees.

(3) For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the applicant, be paid in four installments. The initial amount deposited by the applicant 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 applicant has been reduced by the amount paid to the Municipal Engineer for inspection, the applicant shall make additional deposits of 25% of the reasonably anticipated fees.

(4) The Municipal Engineer shall not perform any inspections if sufficient funds to pay for those inspections are not on deposit.

E. All deposits for technical, professional review and inspection fees shall be kept in an escrow account for that purpose by the Township. This account shall be managed by the Chief Financial Officer of the Township, who shall administer same in accordance with the terms of this section.

F. Whenever an amount of money in excess of $5,000 shall be deposited by an applicant with the Township for professional services employed by the Township to review applications for development, for municipal inspection fees, or to satisfy the guarantee requirements pursuant to § 190-901 of this chapter, the money, until repaid or applied to the purposes for which it was deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided by law, shall continue to be the property of the applicant and shall be held in trust by the municipality in accordance with the following:

(1) Money deposited shall be held in escrow.

(2) The municipality receiving the money shall deposit it in a banking institution or savings and loan association in this state insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the state, in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits.

(3) The municipality 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.

(4) The municipality 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 the applicant by the municipality 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 municipality may retain for administrative expenses a sum equivalent to no more than 1/3 of the entire amount, which shall be in lieu of all other administrative and custodial expenses.

G. The Chief Financial Officer of the municipality shall make all of the payments to professionals for services rendered to the municipality or approving board for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under this chapter. Such fees or charges to be based upon the ordinances herein. The application review and inspection charges shall be limited only to professional charges for review of applications including review time spent at meetings of the approving board, review and preparation of documents and inspections of developments under construction and review by outside consultants when the application is of a nature beyond the scope of the expertise of the professionals normally utilized by the municipality. The only costs that shall be added to any such charges shall be actual out-of-pocket expenses of any such professionals or consultants including normal and typical expenses incurred in processing applications and inspecting improvements. The charges by professionals shall be at the same rate as all other work of the same nature by the professional for the municipality when fees are not reimbursed or otherwise imposed on applicants or developers. The Chief Financial Officer of the municipality shall administer the review and escrow fees as follows:

(1) Each payment charged to a deposit for review of applications, review and preparation of documents, and inspection of improvements shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service, and for each date the service is performed, the hours spent to one-fourth-hour increments, the hourly rate and the expenses incurred. All professionals shall submit vouchers to the Chief Financial Officer of the municipality on a monthly basis in accordance with the schedules and procedures established by the Chief Financial Officer of the municipality. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the municipality simultaneously to the applicant.

(2) The Chief Financial Officer of the municipality shall prepare and send to the applicant a statement which shall include an accounting of the funds listing all deposits, interest earnings, disbursements and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis, if the monthly charges exceed $1,000.

(3) If an escrow account or deposit contains insufficient funds to enable the municipality or approving board to perform required application reviews or improvement inspections, the Chief Financial Officer of the municipality shall provide the applicant with a written notice of the insufficient escrow or deposit balance.

(a) In order for work to continue on the development or the application, the applicant shall within 10 days post a deposit to the account in an amount to be agreed upon by the municipality or the approving board and the applicant.

(b) With regard to review fees, if the applicant fails to make said deposit within the time prescribed herein, the approving board shall be authorized to dismiss the application without prejudice, subject to the right of the applicant to seek reinstatement of said application by written notice to the Chief Financial Officer that the deposits have been posted. The application will be reinstated upon written notification by the Chief Financial Officer to the approving board that said deposits have been posted. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.

(c) With regard to inspection fees, the Township Engineer shall not perform any inspection if sufficient funds to pay for the inspections are not on deposit. Failure to post or maintain balances in accordance with the requirements of these sections will subject the developer to a stop-work order and/or suspension of construction permits.

(4) The applicant and Chief Financial Officer shall follow the following closeout procedures for all deposits and escrow accounts established herein. Said procedures shall commence after the approving authority has granted final approval of the development application including completion of all conditions of said approval, and/or has signed the appropriate subdivision map or deed, or after all of the improvements have been approved. The applicant shall send written notice by certified mail to the Chief Financial Officer of the municipality and the approving board and to the relevant municipal professional that the application or the improvements, as the case may be, are completed. After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the municipality within 30 days and shall send a copy simultaneously to the applicant. The Chief Financial Officer of the municipality shall render a written final accounting to the applicant on the uses to which the deposit has been put within 45 days of the receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest, shall be refunded to the applicant along with the final accounting.

(5) All professional charges for review of the application for development, review and preparation of documents, or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction review. Fees shall be charged only in connection with the application for development presently pending before the approving authority or upon review of compliance with conditions of approval or review of requests of modifications or amendments made by the applicant. The professionals shall not review items which are subject to approval by any state governmental agency and not under municipal jurisdiction except to the extent consultation with the state agency is necessary due to the effect of state approvals on the subdivision or site plan. Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work, and such inspections shall be reasonably based on the approved development plans and documents.

(6) If the municipality retains a different professional or consultant in the place of the professional originally responsible for development, application review or inspection of improvements, the municipality or approving board shall be responsible for all time and expenses of the new professional to become familiar with the application or the project and the municipality or approving board shall not bill the applicant or charge the deposit or the escrow account for any such services.

§ 190-902 Guarantees, start of construction, 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, storm sewers, sanitary sewers or other means of sewage disposal (excluding individual subsurface sewage disposal systems intended to serve individual lots), drainage structures, erosion control and sedimentation devices, landscaping, public improvements of open space and, in the case of site plans only, other on-site improvements.

A. Requirements specific to major subdivisions.

(1) No final major subdivision plat (whether for an entire tract or a section thereof) shall be recorded unless:

(a) The Township Engineer has certified to the Board that all public improvements required by the preliminary subdivision approval have been satisfactorily completed; or

(b) Specific language has been included in the approval resolution of the Land Use Board which requires the developer and its successors in interest both to enter into an agreement with the Township Council to provide any and all easements necessary for required public improvements and to install and maintain all required public improvements, including language which limits and/or phases the development of the subdivision in order to ensure the orderly construction of the public improvements and the installation of the public improvements on or before an agreed date by the filing of a performance guarantee in accordance with § 190-902D hereinbelow.

[Amended 7-18-2006 by Ord. No. 2006-14]

(2) No construction permit shall be issued for any building within the subdivision until the developer has satisfactorily completed the following public improvements in accordance with the approved subdivision plans and construction plans required by § 190-902E(4) hereinbelow:

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

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

(c) Construction of all required curbs; and/or

(d) Filed with the Township a performance guarantee in accordance with § 190-902D of this chapter 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.

(3) No certificate of occupancy shall be issued for any dwelling within the subdivision except in compliance with the provisions for certificate of occupancy specified in § 190-1002E of this chapter.

(4) Unless provided otherwise elsewhere in this chapter or within the approval resolution of the Land Use Board, the required improvements shall be at least 50% completed as to each category set forth in the performance guarantee 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 developer, whichever shall first occur. At least 75% of the improvements shall be completed as to each category as set forth in the performance guarantee 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 developer, 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.

[Amended 7-18-2006 by Ord. No. 2006-14]

(a) It is the intention of the Township Council that the foregoing requirements accomplish the following:

[1] 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; and

[2] Protect the interests of the general public and residents of the development in the total completion of the development.

(b) In the case of subdivision having final approval by stages or sections, the requirements of this subsection shall be applied by stage or section.

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:

(1) The Township Engineer has certified to the Board that all public improvements required by the preliminary site plan approval have been satisfactorily completed; or

(2) The applicant, with the approval of the Land Use Board, 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 guarantee in accordance with § 190-902D of this chapter.

[Amended 7-18-2006 by Ord. No. 2006-14]

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 guarantee specified in § 190-902D hereinbelow, no development, clearing or construction shall be commenced until a revised, finalized plan is submitted and signed, incorporating all conditions of approval.

(1) The developer shall still post the inspection escrow and notify the Township Engineer prior to commencement of work.

(2) 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.

(3) 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 guarantee covering the balance of the uncompleted improvements has been posted.

D. Performance guarantee.

(1) Estimate.

(a) A performance guarantee 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 guarantee 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 guarantee shall be approved by resolution of the Township Council.

(b) 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 Council. The Township Council shall decide the appeal within 45 days of receipt of the appeal in writing by the Township Clerk. After the developer posts a guarantee with the Township based on the cost of the installation of improvements as determined by the Township Council, he 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 guarantee.

(2) The developer shall present two copies of the performance guarantee in an amount equal to 120% of the approved construction cost performance guarantee estimate for approval as to form and execution by the Township Attorney; additional copies of the performance guarantee shall be forwarded by the owner to the Land Use Board. The performance guarantee estimates, as prepared by the Township Engineer and approved by the Township Council, shall be appended to each performance guarantee posted by the obligor.

[Amended 7-18-2006 by Ord. No. 2006-14]

(3) Payment.

(a) The performance guarantee shall be made payable and deposited to the Township of Allamuchy and shall be in the form of cash, irrevocable letter of credit or certified check or a performance bond in which the developer shall be principal, the bond to be provided by an acceptable surety company licensed to do business in the State of New Jersey. Irrevocable letter of credit shall be accepted only pursuant to N.J.S.A. 40:55D-53.5. 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.

(b) The developer 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 guarantee by the Township Council in accordance with § 190-902G of this chapter.

(4) Ten percent of the amount of the approved performance guarantee shall be deposited by the developer in cash with the Township. The remaining 90% may be in cash, irrevocable letter of credit or surety bond. In the event of default, the 10% in cash shall be first applied to the completion of the requirements and any bidding and legal costs associated therewith, and the remaining 90% cash, letter or credit or surety bond shall thereafter be resorted to, if necessary, for the completion of the requirements and any additional bidding and legal costs associated therewith.

E. Start of construction. Construction, land disturbance or clearing pursuant to any site plan or subdivision approval shall not commence until:

(1) The developer has paid all fees and the performance guarantee required by this chapter and has submitted a certificate from the Township Tax Collector that all taxes and assessments are paid to date;

(2) The developer 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) All other conditions of approval shall be met prior to the start of construction except as noted in the Board's resolution of memorialization granting subdivision and/or site plan approval;

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

(6) The developer has had a preconstruction meeting with the Township Engineer in accordance with § 190-1002A of this chapter for the purpose of forecasting and resolving problems that may arise during the time of construction;

(7) Unless otherwise waived by the Board, the developer has staked out the limits of disturbance on site with orange stakes by a licensed land surveyor and has erected orange blaze snow fences along said line(s) and the Township Engineer has inspected and verified that the delineated limits correspond to the limits of disturbance shown on the approved plans;

(8) The developer has submitted at least seven days prior to any construction all shop drawings and manufacturer's information for all precast concrete drainage structures and piping, sanitary sewer structures and piping, water mains and appurtenances, lighting systems, retaining walls and any other similar improvements as requested by the Township Engineer, and the Township Engineer has approved the submitted shop drawings and manufacturer's information prior to the developer ordering said materials; and

(9) Regarding final major subdivisions only, the developer has posted the sales map as required by § 190-805 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. All public 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 in order to ensure satisfactory completion. The cost of said inspection shall be the responsibility of the developer who shall deposit with the Chief Financial Officer of the Township inspection fees in accordance with § 190-901D of this chapter. 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 will subject the developer to a stop-work order and/or suspension of construction permits.

(1) In no case shall any paving work be done without permission from the Township Engineer. At least one calendar week's 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.

(2) Surface top course shall not be placed on streets and within parking lots until all heavy construction is completed and permission is granted by the Township Engineer.

(a) Prior to the placement of the surface course, an as-built survey plan, pursuant to the requirements in § 190-902H(4) of this chapter, signed and sealed by a licensed land surveyor, must be submitted to the Township Engineer for review and approval to demonstrate that underground utilities, drainage systems, sanitary sewer systems, base pavement, curbs, and similar required improvements have been installed to the elevations approved by the Land Use Board.

[Amended 7-18-2006 by Ord. No. 2006-14]

(b) Prior to the placement of the surface course, the frames of utility, drainage, and sanitary sewer structures shall be adjusted to meet final roadway grades and all defects to roadway improvements and utilities identified by the Township Engineer remedied to his/her satisfaction.

(c) Shade trees shall not be planted until all grading and earthmoving is completed.

(d) The placing of surveyor's monuments shall be among the last operations.

(3) The Township Engineer's office shall be notified at least two working days, and seven days in the case of paving, 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) Detention and/or retention basins.

(l) Topsoil, seeding and planting.

(m) Underground utilities.

(n) Potable water facilities.

(o) Retaining walls.

(4) Any improvement installed contrary to the plan or plat approval by the Township shall constitute just cause to void the municipal approval.

(a) The developer shall submit to the Township Engineer grade sheets for storm sewer systems, sanitary sewer systems, water main systems, curbs and other similar improvements as deemed necessary by the Township Engineer to verify that such improvements are being constructed to the elevations shown on the approved plans.

(b) Construction shall not commence on said improvements until such time as the grade sheets are reviewed and approved by the Township Engineer.

(5) Any improvement installed without notice for inspection pursuant to § 190-902F(1) 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.

(6) Inspection by the Township of the installation of improvements and utilities shall not operate to subject the Township of Allamuchy 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.

(7) Upon substantial completion of all required street improvements (except for the surface top course) and appurtenant utility improvements and the connection of same to the public system, the obligor may request of the Township Council, 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 guarantee pursuant to § 190-902D(2) of this chapter, a list of all uncompleted or unsatisfactory completed improvements.

(a) 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.

(b) Any request by the obligor for a reduction in the amount of the performance guarantee for such items as detention basins, storm sewers, sanitary sewers, streets, curbs and similar improvements must be supported by an as-built survey plan pursuant to the requirements in § 190-902H(4) of this chapter.

(c) 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 Council and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.

(d) 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.

(8) The list prepared by the Township Engineer pursuant to § 190-902F(7) 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 guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to § 190-902D(2) of this chapter.

G. Release. The Township Council, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Township Engineer or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to § 190-902D(2) of this chapter. 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 Council, the obligor shall be released from all liability pursuant to its performance guarantee with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved, provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements.

(2) In the event that the obligor has made a cash deposit with the Township or approving authority as part of the performance guarantee, then any partial reduction granted in the performance guarantee shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee.

(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 Council as specified in § 190-902F(7) of this chapter, and the same procedures shall be followed as in the first instance.

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

(5) If the Township Council fails to approve or reject the improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the obligor may apply to the Court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to § 190-902D(2) of this chapter, 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 Council unless and until all of the following conditions have been met:

(1) The final application for development shall have been approved by the Land Use Board, 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 and any approved subdivision plat.

[Amended 7-18-2006 by Ord. No. 2006-14]

(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) The owner shall have filed with the Township Council a maintenance guarantee 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 § 190-902D(2) of this chapter hereinabove.

(a) The maintenance guarantee shall run for a period of two years, provided that the maintenance guarantee shall not terminate until the Township Council has authorized its release pursuant to a resolution adopted subsequent to a written recommendation by the Township Engineer;

(b) The procedures and requirements governing such maintenance guarantee shall be identical with the procedures and requirements for a performance guarantee set forth in this chapter; and

(c) The requirements for a maintenance guarantee may be waived by the Township Council 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.

(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 and shall contain the following information:

(a) Roadways.

[1] Location and elevations of storm sewer piping and structures, including stations and offsets;

[2] Location and elevations of all sanitary sewer piping and structures, including stations and offsets;

[3] Location of all underground utilities, including water mains, gas mains, electric lines, telephone lines and cable lines;

[4] Elevations at the right-of-way lines on both sides of the road, top of the curb on both sides of the road, bottom of the curb on both sides of the road and center line of roads at fifty-foot intervals, as well as roadway high and low points and the curb returns at roadway intersections;

[5] Location of curb stops, sewer cleanouts, sewer services and water services; and

[6] Location of curbs, sidewalks, handicap ramps, guide rails, walls, mailboxes (except those for single-family residences), traffic control signs, street identification signs, streetlights, roof leaders, driveways and other associated improvements deemed necessary by the Township Engineer.

(b) Easements.

[1] Location and elevations of storm sewer and sanitary sewer piping and appurtenances, including stations and offsets; and

[2] Surface grades along the route of all pipes in easements to confirm the adequacy of cover.

(c) Detention basins.

[1] Location and elevations of the top of berm and/or slope and the toe of slope; elevations shall be provided at maximum fifty-foot intervals along the perimeter of the basin;

[2] Location and elevations of all drainage structures and piping, including outflow structures;

[3] Location and elevations of low-flow channels; elevations shall be provided at maximum fifty-foot intervals along the low-flow channels, and elevations shall be obtained at the bottom and top of channel;

[4] Location and elevation of emergency spillways;

[5] Location of any fencing and/or landscaping; and

[6] Any other elevations that are necessary to verify that the detention basin was constructed to the grades shown on the approved plans.

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

J. Default by developer. If the required improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, under the performance guarantee 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.[1]

(1) 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 guarantee.

(2) 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 Council action which rejects the improvements, withholds approval, withholds construction permits or formally declares default and authorizes collection on the performance guarantee.

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

K. Penalties. In addition to the penalties for violation of this chapter in accordance with § 190-1004, the Township Engineer or another Township official designated by the Township Council 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.

§ 190-903 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 for providing reasonable and necessary street improvements and/or water, sewerage and drainage facility improvements, and any necessary easements therefor located outside the property limits of the subject premises 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 Allamuchy or Warren 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 Allamuchy 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 Allamuchy 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 gpd
	Total Enlargement or Improvement Cost		Total Tributary gpd

[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 gpd
	Total Project Cost		Total Tributary gpd to New System

[3] Specific plans for the improved system or the extended system shall be prepared by the developer's engineer or the sewer utility engineer in concert with the developer's engineer and submitted to the Land Use Board 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 Land Use Board, with any reasonable adjustments to the estimated costs, at the time when preliminary approval of the application for development is granted.

[Amended 7-18-2006 by Ord. No. 2006-14]

(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 Land Use Board 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 Land Use Board, with any reasonable adjustments to the estimated costs, at the time when preliminary approval of the application for development is granted.

[Amended 7-18-2006 by Ord. No. 2006-14]

(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 proportionate 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, Natural Resources Conservation Service, United States Department of Agriculture, January 1986, as amended, or 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 cfs
	Total Enlargement or Improvement Cost of Drainage Facilities		Total Tributary cfs

(c) Specific plans for the enlargement or improvement of the drainage facilities shall be prepared by the developer's engineer and submitted to the Land Use Board 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 Land Use Board, with any reasonable adjustments to the estimated costs, at the time when preliminary approval of the application for development is granted.

[Amended 7-18-2006 by Ord. No. 2006-14]

(4) Water.

(a) Public water accessible.

[1] Regarding all planned developments, and regarding all developments where public water is accessible, water mains shall be constructed and connected to 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 its 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.

[2] For the purposes of this section, "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 units in the proposed development 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. To the extent reasonable and practicable, all nonresidential developments shall be served by public water.

(b) Public water not accessible.

[1] Where no public water is accessible, 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 50 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.

[2] 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), as amended, and in accordance with the guidelines and resolutions adopted by the Warren County Health Department. 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 Warren County Health Department that he/she has complied with all applicable state, county and local regulations.

(c) Where no public water is accessible to a development 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 Allamuchy in an amount equal to the cost of connecting the development 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, surcharges, if any, etc.

(d) In lieu of depositing the aforesaid escrow funds, the applicant may, at his/her option, elect to install water main extensions in the development, 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 Allamuchy 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.

(1) If the off-tract improvement is not begun within 10 years of the deposit, the developer shall thereafter have the right to petition the Township Council for the release of such escrow and shall be entitled to such release upon a showing that there is no reasonable likelihood that such improvement will be constructed.

(2) If the off-tract improvement is not begun within 20 years of the deposit, all monies and interest shall be returned to the applicant or the letter of credit surrendered, as the case may be.

(3) An off-tract improvement shall be considered "begun" if the Township of Allamuchy has taken legal steps to provide for the design and financing of such improvements.

E. Referral to Township Council.

[Amended 7-18-2006 by Ord. No. 2006-14]

(1) Where applications for development suggest the need for off-tract improvements, whether to be installed in conjunction with the development in question or otherwise, the Land Use Board shall forthwith forward to the Township Council a list and description of all such improvements, together with a request that the Township Council 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 Council determination or the expiration of 90 days after the forwarding of such list and description to the Township Council without determination having been made, whichever comes sooner.

(2) The Township Council, within 90 days after receipt of said list and description, shall determine and advise the Land Use Board 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 Land Use Board is required by statute to act upon the application prior to receipt of the Township Council'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 Council to make the aforesaid determination. In the event that the applicant is unwilling to consent to the requested extension of time, the Land Use Board 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 Council.

F. Implementation of off-tract improvements.

(1) In all cases, developers shall be required to enter into an agreement or agreements with Allamuchy Township 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 Allamuchy, Warren County and the State of New Jersey and any departments, authorities or agencies thereof. 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 Council, the municipal subdivision and/or site plan approval shall be deemed null and void.

(2) Where properties outside the subject tract will be benefited by the improvements, the Township Council may require the applicant to escrow sufficient funds, in accordance with § 190-903D hereinabove, to secure the developer's pro rata share of the eventual cost of providing future structural improvements based upon the standards expressed herein.

(3) Where properties outside the subject tract will benefit by the improvements, the Township Council 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 Council shall determine that the improvement or improvements shall be constructed or installed as a general improvement, the Township Council may direct the Land Use 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 benefited thereby, and the subdivider or developer shall be liable to the municipality for such expense.

(4) If the Township Council 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 benefited 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, the developer may be required to sign an agreement acknowledging and agreeing to this procedure and, in addition, the Township Council may require that the developer shall be liable to the municipality for, 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 benefited by the improvement, as the same may be determined by the Board of Improvement Assessors.

(5) If the Township Council 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 Allamuchy, County of Warren 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 Council and the applicant.

(6) In determining the procedures to be followed in the event of the submission of a list and request from the Land Use Board, the Township Council 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.