Article V Guaranties and Improvement Procedures

Requirements; form; rights.

Improvements; cost.

Prior to the filing of a final plat, recording of minor subdivision deeds, or as a condition of final site plan approval, or as a condition to the issuance of a zoning permit, the developer shall have filed with the Township Engineer a performance guarantee sufficient in amount to equal the total cost to the Township, as estimated by the Township Engineer, for installation of those on-site improvements required by an approval or developer's agreement, ordinance or regulations to be dedicated to a public entity that have not yet been installed, including the following as shown on the approved plans or plat:

Streets.

Pavement.

Gutters.

Curbs.

Sidewalks.

Street lighting.

Street trees.

Surveyor's monuments.

[i]

Water mains.

[j]

Sanitary sewers.

[k]

Community septic systems.

[l]

Drainage structures.

[m]

Public improvements of open space.

[n]

Any grading necessitated by the preceding improvements.

[o]

Privately owned perimeter buffer landscaping; provided, however that a developer may choose to post a separate performance guarantee for the privately owned perimeter buffer landscaping.

Such guarantee shall assure the installation of such improvements on or before an agreed date, guarantee the completion of all improvements without damage to or interference with adjacent properties or public facilities and hold the Township Council and Township Planning Board or Zoning Board of Adjustment and their employees and agents harmless with respect to any acts of the developer, its agents, successors or assigns.

The total estimated cost to the Township of constructing all improvements shall be based upon the estimated contract construction costs, which would prevail upon expiration of the guarantee period, and shall also include appropriate allowances for contract-related costs such as engineering, legal, financial and other usual costs, which shall be estimated to be 20% of the estimated contract construction costs.

Such performance guarantee may be in the form of cash, certified check, negotiable securities, a performance bond issued by a bonding company or surety company approved by the Township Council or any other type of surety acceptable to and approved by the Township Attorney and Township Council, provided that at least 10% of the performance guarantee shall be in cash or certified check. The balance of said performance guarantee shall be in the form of cash, certified check, certificate of deposit, an irrevocable letter of credit (said letter to be issued by a financial institution whose deposits are insured by the Federal Savings and Loan Insurance Corporation or Federal Deposit Insurance Corporation) or a bond issued by a surety or bonding company authorized to do business in New Jersey; provided, however, that all rights, including the right to interest with dividends, shall be assigned to the Township of Jackson in a form of assignment acceptable to the Township Attorney for the period of the bond and that the principal amount of the passbook or certificate of deposit, together with interest, shall be returned to the developer upon completion of the bonded improvements, or, in the event of default, both interest and principal shall be used by and for the benefit of the Township in the completion of said improvements.

The form of the performance guarantee shall be subject to the approval of the Township Attorney.

Subject to N.J.S.A. 40:55D-1 et seq., as amended and supplemented, all rights in the performance guarantee, including the right to any interest earned on any deposits, shall belong to the Township of Jackson.

(g)

Notwithstanding the requirement of Subsection A(1) above, when a letter of credit which has been previously accepted pursuant to Subsection A(1) as a performance guarantee is about to expire, it may be renewed administratively by the Township Attorney, provided that all pertinent requirements are met by the applicant.

(h)

In the event of default, the principal and any interest shall be used for the benefit of the Township in the completion of the improvements.

All guaranties authorized by this chapter shall run to and be in favor of the Township of Jackson in the County of Ocean.

Such performance guarantee shall run for a period to be fixed by the Township Council, but in no case for a term of more than two years. However, with the consent of the owner and the surety, if there is one, the Township Council may, by resolution, extend the term of such performance guarantee for an additional period not to exceed one year. The amount of the performance guarantee may be revised by the Township Council from time to time to reflect work progress, increasing costs and changing conditions in regard to the uncompleted or unacceptable portions of the required improvements. If the required improvements have not been installed in accordance with the performance guarantee, the obligor and surety shall be liable thereon, at the option of the municipality, for:

The reasonable cost of the improvements not installed, and, upon receipt of the proceeds thereof, the municipality shall install such improvements; or

The completion of all required improvements.

Municipal Engineer list and report.

Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the Municipal Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A of this section, a list of all uncompleted or unsatisfactorily completed bonded improvements. If such a request is made, the obligor shall send a copy of the request to the Municipal Engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon, the Municipal Engineer shall inspect all improvements covered by obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.

The list prepared by the Municipal Engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each improvement determined to be complete and satisfactory, together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A of this section.

Approval or rejection of governing body.

The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the Municipal Engineer or reject any or all of these bonded 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 Municipal Engineer and appended to the performance guarantee pursuant to Subsection A of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved bonded 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 total performance guarantee and safety and stabilization guarantee posted may be retained to ensure completion and acceptability of all improvements. The safety and stabilization guarantee shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction. For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of bonded improvements as provided above; except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the municipality below 30%.

If the Municipal Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection A(4) of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Municipal 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. If the governing body fails to approve or reject the improvements determined by the Municipal Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Municipal 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 Municipal Engineer and appended to the performance guarantee pursuant to Subsection A of this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

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

If any portion of the required improvements are rejected, the Township Council 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.

Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Township Committee or the Township Engineer.

Safety and stabilization guarantee.

Safety and stabilization guarantee required.

The developer shall furnish a safety and stabilization guarantee in favor of the Township of Jackson to ensure that the Township has an adequate guarantee to return the property that has been disturbed to a safe and stable condition or otherwise implement measures to protect the public from access to an unsafe or unstable condition.

The Township shall be permitted to access the guarantee when:

Site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure; and

Work has not recommenced within 30 days following the provision of written notice by the municipality to the developer of the municipality's intent to claim payment under the guarantee.

At the developer's option, the safety and stabilization guarantee may be included as a line item in the performance guarantee rather than in the form of a separate guarantee.

The amount of the safety and stabilization guarantee shall be calculated pursuant to N.J.S.A. 40:55D-53.4 as follows:

$5,000 for the first $100,000 of bonded improvement costs; plus

Two and a half percent of bonded improvement costs in excess of $100,000 up to $1,000,000; plus

One percent of bonded improvement costs in excess of $1,000,000.

The safety and stabilization guarantee shall be released upon the determination of the Township Engineer that the development of the project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.

Temporary certificate of occupancy guarantee.

In the event that the 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 favor of the Township of Jackson 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 and which are not covered by an existing performance guarantee.

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.

The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the Township Engineer.

§ 244-33 Development and construction following final subdivision approval.

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.

[Added 3-25-2002 by Ord. No. 15-02]

The installation of any subdivision improvements or the commencement of any clearing and grading subsequent to preliminary approval shall not be undertaken unless the following has been done:

If at any time of preliminary approval but prior to the commencement of final approval the developer elects to proceed with the installation of improvements required under this chapter, the developer shall furnish the Township with the final construction drawings and details, which shall be certified by the Township Engineer to be in accordance with the terms and conditions of the subdivision approval.

The required construction, inspection, engineering, and administration fees shall have been paid, and adequate performance guarantees as determined by the Township Engineer have been posted to provide for the cost to the Township of performing work that may be necessary to protect adjacent property owners and the public interest in the event that such clearing, grading, installation of all required improvements in accordance with the terms and conditions of the subdivision approval, and/or further development of the site, is not undertaken, completed and/or installed by the developer. Such performance guarantees shall include, but are not limited to, the cost of the Township providing stabilization of the site, drainage facility necessary to protect off-tract areas from flooding, screening or fencing that may be required and all improvements to be undertaken which are within existing public right-of-way or easements as depicted on the approved subdivision plans and in accordance with the terms and conditions of the subdivision approval.

Prior to any disturbances of the site or commencement of any construction, the developer shall enter into an agreement with the Township Committee. This agreement shall be of a form that is acceptable to the Municipal Attorney and one in which the developer agrees to abide by the terms and conditions of approval, construct the required improvements in accordance with the approved plans, agree to maintain the site and the constructed improvements. The developer also shall agree that in the event that the site and improvements are not maintained, the Township can utilize the cash portions of the performance guarantee to immediately attend to items presenting a safety hazard and, in the event of a default by the developer, provide that the Township shall have recourse against the performance guarantee which has been posted by the developer.

No development permit shall be issued nor any work commenced on site until compliance with this section and notice of intention to commence construction of such improvements shall be furnished to the Township Engineer.

At least two weeks prior to the start of any construction, the developer shall notify the Township Engineer of his intention to start work so that a preconstruction meeting can be arranged between the developer and the Engineer. No work shall be commenced until their preconstruction meeting has been conducted.

The Township Engineer must be notified at least 48 hours in advance of any on-site development.

§ 244-34 Approval of performance guaranties.

[Amended 5-27-2025 by Ord. No. 15-25]

Duties of Township Engineer, Township Attorney and Township Clerk. No performance guaranties shall be presented for approval of the Township Committee until the municipal officials listed below have performed the following and make certification of their performance, in writing, to the Township Committee.

Township Engineer. The Township Engineer shall:

Where applicable, examine the plat map of a subdivision to make certain that it complies with all state laws and this chapter relative to the preparation and filing of maps or plans for the subdivision of land.

Ascertain that the plat of a site plan or subdivision has been approved by the Ocean County and Jackson Township Planning Boards.

Determine those acts or things the applicant is to do to protect Jackson Township, such as to provide proper drainage, streets, curbs, signs, monuments or any other item or thing and the cost of each, as well as the maximum time he recommends granting the applicant to provide each item or all items.

Determine if the landowner is an individual, corporation or partnership and, if an individual, his full name and address; if a corporation, its correct name, date and state of incorporation, the name of its president and secretary and the location of its principal office in this state; if a partnership, the names and addresses of all partners.

Give the applicant a form of the surety company bond required by the Township of Jackson and all figures, dates and details required by Subsection A(1)(c) above so that the same may be included in the bond to be furnished to the Township and, also, advise the applicant of the amount required to pay the Township as a proper inspection and administration fees.

Deliver to the Township Attorney:

The original copy of the surety company bond of the applicant.

The Township Engineer's written certificate addressed to the Township Committee, which certificate and bond shall be delivered at one and the same time.

The Township Engineer's certificate shall also state and give the nature of cash, or its equivalent, deposited as a portion or all of the performance guaranty (i.e., cash, certified check, cash escrow deposit or other security).

If there is nothing the applicant needs to do under Subsection A(1)(c) above, the certificate shall so state and give the reason therefor.

Township Attorney. Upon the receipt from the Township Engineer of the surety bond and Engineer's certificate, the Township Attorney shall promptly examine said bond and determine whether or not it is correct in form, content and execution. If the bond is not correct, the Township Attorney shall notify the applicant of its shortcomings. When the bond is or has been corrected, the Township Attorney shall make a written certificate to that effect to the Township Committee. Thereupon, said Attorney shall deliver the bond and Engineer's and Attorney's certificates to the Township Clerk.

Township Clerk. Upon the receipt from the Township Attorney of the bond and certificates of the Engineer and Attorney, the Township Clerk shall:

Collect from the applicant the proper fee or fees, if any, payable to the Township in accordance with the Engineer's certificate.

Place the matter of approval of bond(s) on the agenda of the next regular meeting of the Township Council for its consideration.

Submit the bond, certificate and fees to the Township Council at the next regular meeting of said Council.

Maintain all originals upon approval.

Certificates; form. Each of said certificates shall be dated and written in letter form upon the stationery of the maker or of the Township and shall be signed by him or his authorized agent or representative.

Bond requirements. There must be attached to said bond an authority of the surety company empowering the person or persons who executed said bond for the surety company to do so. If the bonding company is not a New Jersey corporation, there should also be attached to the bond proof of its authority to do business in New Jersey and a copy of its last financial statement, made not more than one year before, showing its financial conditions. If the principal on the bond is a corporation, there must be attached to the bond a certified copy of a resolution adopted by its Board of Directors authorizing the execution and delivery of said bond. Said bond must also bear the corporate seal of the surety company and the seal, corporate or otherwise, of the principal.

Copies. The Township Clerk shall keep a supply of copies of these bond requirements in his office for the use of applicants and the general public.

§ 244-35 Off-tract improvements.

General requirements.

As a condition of final subdivision and/or site plan approval, the municipal agency may require an applicant to either install or pay his pro rata share of the costs of providing necessary circulation improvements, water, sewerage, drainage facilities, any other public improvements or facilities (i.e., public recreation, public buildings, public equipment), including land and easements and all items necessary to administer and maintain the Township's public functions, located off tract of the property limits of the subdivision or development but necessitated or required by the development. "Necessary" improvements are those clearly and substantially related to the development in question.

The municipal agency shall provide, in its resolution of approval, the basis of the required improvements.

The capacity and design of proposed improvements shall be based upon the circulation plan element, utility service plan element and community facilities element of the adopted Jackson Township Master Plan or other comprehensive subarea improvement plan or study.

The improvement and/or widening of a stream or the construction of drainage or other improvements in a street or road fronting on the tract to be subdivided, improved and/or developed shall not constitute an off-tract improvement, and the cost of said improvement shall not be allocated.

The proportionate or pro rata amount of the cost of such facilities within a related or common area shall be based on the criteria contained herein.

Cost allocation.

Full allocation. In cases where off-tract improvements are necessitated by the proposed development and where no other property owner(s) receive(s) a special benefit thereby, the applicant may be required, at his sole expense and as a condition of approval, to provide and install such improvements.

Proportionate allocation.

Where it is determined that properties outside the development will also be benefited by the off-tract improvement, the following criteria shall be utilized in determining the proportionate share of the cost of such improvements to the developer.

Allocation formula.

Roadways and transportation facilities. The applicant's proportionate share of street improvements, alignment, channelization, barriers, new or improved traffic signalization, signs, curbs, sidewalks, streetlighting, trees, utility improvements uncovered elsewhere, the construction or reconstruction of new or existing streets and other associated street or traffic improvements shall be as follows:

The applicant shall provide the Township Engineer with the existing and anticipated future peak hour flows for the off-tract improvements.

The applicant shall furnish a plan for the proposed off-tract improvement, which shall include the estimated peak-hour traffic generated by the proposed development and the proportion thereof which is to be accommodated by the proposed off-tract improvement. The ratio of the peak-hour traffic generated by the proposed development, which is to be accommodated by the off-tract improvement, to the future additional peak-hour traffic anticipated to impact the proposed off-tract improvement shall form the basis of the proportionate share. The proportionate share shall be computed as follows:

Total cost of enlargement or improvement (peak-hour traffic)	=	Capacity of enlargement or improvement
Developer's cost		Development peak-hour traffic to be accommodated by the enlargement or improvement

Drainage improvements. The applicant's proportionate share of stormwater and drainage improvements, including the purchase of land for easements, the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, riprap, improved drainage ditches and appurtenances thereto, and installation, relocation or replacement of other storm drainage facilities or appurtenances associated therewith, shall be determined as follows:

The capacity and the design of the drainage system to accommodate stormwater runoff shall be based on the methods and standards consistent with this chapter, computed by the developer's engineer and approved by the Township Engineer.

The capacity of the enlarged, extended or improved system required for the development and areas outside of the developer's tributary to the drainage system shall be determined by the developer's engineer subject to 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 calculated by the Township Engineer. The prorated share for the proposed improvement shall be computed as follows:

Total cost of enlargement or improvement	=	Capacity of enlargement or improvement (total capacity expressed in cubic feet per second)
Developer's cost		Development-generated peak rate of runoff, expressed in cubic feet per second, to be accommodated by the enlargement or improvement

Water supply. The applicant's proportionate share of water distribution facilities under the jurisdiction of the Township, including the installation, relocation or replacement of water mains, hydrants, valves and associated appurtenances, shall be computed as follows:

The capacity and the design of the water supply system shall be based on the requirements and standards set forth in this chapter.

The Jackson Township Engineer shall provide the applicant with the existing and reasonably anticipated capacity limits of the affected water supply system in terms of average demand, peak demand and fire demand.

[c]

If the existing system does not have adequate capacity as defined above to accommodate the applicant's needs, the pro rata share shall be computed as follows:

Total cost of enlargement or improvement	=	Capacity of enlargement or improvement [gallons per day (GPD)]
Developer's cost		Development-generated peak rate of runoff, expressed in cubic feet per second, to be accommodated by the enlargement or improvement

Other improvements. The applicants' proportionate share of other capital improvements shall be computed as follows:

Total cost of enlargement or improvement	=	Capacity of enlargement or improvement
Developer's cost		Development share of enlargement or improvement

Escrow accounts.

Where the proposed off-tract improvement is to be undertaken at some future date, the moneys required for the improvement shall be deposited in an interest-bearing account to the credit of the Township in a separate account until such time as the improvement is constructed.

If the off-tract improvement is not begun within 10 years of deposit, all moneys and interest shall be returned to the applicant upon his request. An off-tract improvement shall be considered "begun" if the Township has taken legal steps to provide for design and financing of such improvement.

If the applicant does not request the return of the money with a period of one year, the money shall be placed in the Township's general capital improvement fund and shall not be returnable to the applicant thereafter.

Redetermination upon completion of improvements.

Upon completion of off-tract improvements required pursuant to this section, the developer's liability hereunder shall be recalculated in accordance with the actual, as compared with the estimated, cost of the improvements. To the extent that it shall decrease the amount thereof, the Township shall forthwith refund the amount of such decrease to the developer.

In the event that the payment by the applicant provided for herein is less than his share of the actual cost of the off-tract improvements, then the applicant shall be required to pay the appropriate share of the cost thereof.

Referral to Township Committee.

Where an application for development suggests the need for off-tract improvements, whether to be installed in conjunction with the development in question or otherwise, the municipal agency shall forward to the Township Committee a list and description of all such improvements, together with a request that the Committee determine and advise the municipal agency of the procedure to be followed in installation thereof, including timing. The municipal agency shall defer final action on the application for development until receipt of the Township Committee's determination or the expiration of 90 days after the forwarding of such a list and description to the Committee without determinations having been made, whichever comes first.

The Township Committee, within 90 days after receipt of said list and description, shall determine and advise the municipal agency of the procedure to be followed and may suggest conditions of approval, if any, to adequately protect the Township.

In the event that the municipal agency is required by statute to act on the application prior to receipt of the Township Committee's determination as to installation and/or payment of pro rata share 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 municipal agency shall, in its discretion, either itself determine the procedure to be followed in installation and/or payment of pro rata share of the aforesaid off-tract improvements or shall condition its approval upon the subsequent determination of the Township Committee.

Implementation of off-tract improvements.

In all cases, applicants shall be required to enter into an agreement with the Township in regard to installation and/or payment of their pro rata share of off-tract improvements, in accordance with this chapter and any other ordinances, policies, rules and regulations of Jackson Township, Ocean County, the State of New Jersey and any departments, authorities or agencies thereof deemed necessary.

Where properties outside the subject tract will be benefited by the improvements, the Township Committee may require the applicant to escrow sufficient funds in accordance with this chapter to secure the applicant's pro rata share of the eventual cost of providing future improvements and/or facilities based on the standards set forth herein.

General improvement.

Where properties outside the subject tract will benefit by the improvement, the Township Committee may determine that the improvement is to be installed by the Township as a general improvement, the cost of which is to be borne as a general expense.

If the Township Committee determines that the improvement shall be installed as a general improvement, the Committee may direct the municipal agency to estimate, with the aid of the Engineer of the municipal agency or such other persons who have pertinent information or expertise, the amount, if any, by which the total cost thereof will excess the total amount by which all properties, including the subject tract, will be specifically benefited thereby, and the applicant shall be liable to the Township for such expense.

If the Township Committee determines that the improvement shall be installed as a local improvement, all or part of the cost of which is to be assessed against properties benefited thereby in proportion to the benefits conferred by the improvement in accordance with Chapter 56 of Title 40[1] of the statutes of the State of New Jersey, the applicant may be required to sign an agreement acknowledging and agreeing to this procedure.

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

In addition, the Township Committee may require that the applicant be liable to the Township in addition to the amount of any special assessments against the subject property for benefits conferred by the improvement; 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 may be determined by the Township.

If the Township Committee determines that the improvement is to be installed by the applicant, such agreement may contain provisions consistent with the standards in this chapter and any other ordinances, rules, regulations or policies of the Township of Jackson, County of Ocean, the State of New Jersey and any departments, authorities or agencies thereof with jurisdiction therein; whereby the applicant shall be reimbursed by the Township 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.

In determining the procedures to be followed in the event of the submission of a list and request from the municipal agency, the Township Committee shall be guided by the following:

The local trends in regard to the potential of development within the drainage or circulation area in question and the intensity of such development;

The risk or exposure that neighboring areas are subject to in the event that required improvements are delayed;

The extent to which temporary measures may sufficiently alleviate the condition or conditions requiring the off-tract improvements 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 Township in which the same is located; and

§ 244-37 Site maintenance during construction.

The extent to which the health, safety and welfare of both present and future municipal residents depend upon the immediate implementation of the off-tract improvement.

Assessment not precluded. Nothing in this section of this chapter shall preclude the municipality from assessing any property benefiting from the installation of any off-tract improvements as provided in this section pursuant to the provisions of the Revised Statutes of New Jersey, an allowance being made to the respective parcels of realty for payments herein.

§ 244-36 Inspection requirements.

Inspection, testing and engineering administration fees. Prior to the signing of any final plat, issuance of a development permit or the start of construction of any improvements required by the provisions of this chapter, the developer shall deposit, by cash or certified check, with the Planning and Zoning Office an amount determined from the appropriate schedule under this chapter. Said amount shall be used to defray the cost of inspection, testing, engineering, administration and other costs and fees paid by the Township in connection with the inspection and acceptance of the installation of the required improvements.

Inspection notice. All required improvements, except those utility improvements which are not the responsibility of the Township, shall be subject to inspection and approval by the Township Engineer, who shall be notified by the developer at least five days prior to the initial start of construction and again 48 hours prior to the resumption of work after any idle period exceeding one working day. All of the utility improvements shall be subject to inspection and approval by the owner of or agency controlling the utility, who shall be notified by the developer in accordance with the utilities requirements. No underground installation shall be covered until it is inspected and approved by the owner of or agency controlling the utility or by the Township Engineer in all other cases.

Modification of improvements. At any time, whether as a result of his inspection of work underway or otherwise, the Township Engineer may recommend that the developer be required to modify the design and extent of the improvements required, notifying the Planning Board of his recommendations. The Planning Board shall, if it considers such modifications to be major or if requested by the developer or Township Engineer, take formal action to approve or disapprove such recommendations; provided, however, that it must first afford the developer an opportunity to be heard. If the Board takes no formal action within 30 days of such recommendations or where the developer has not requested formal Planning Board action, its approval will be assumed. Similarly, the Planning Board may grant or deny the developer permission to effect such modification upon his application and the Township Engineer's approval. In either event, where such modification is to be effected, the appropriate plat must be revised by the developer or his engineer to reflect such modification and sufficient copies thereof submitted to the administrative officer for distribution.

General inspection requirements. All improvements, except as otherwise provided, shall be subject to inspection and approval by the Township Engineer. No underground installation shall be covered until inspected and approved by the Township Engineer or those agencies having jurisdiction over the particular installation. If such installation is covered prior to inspection, it shall be uncovered or other inspection means used, such as a television or other pipeline camera, as may be deemed necessary by the Township Engineer, and charges for such work will be paid for by the developer.

Inspection not acceptance. Inspection of any work by the Township Engineer or his authorized representative shall not be considered to be final approval or rejection of the work but shall only be considered to be a determination of whether or not the specific work involved was being done to Township specifications or other required standards at the time of inspection. Any damage to such work or other unforeseen circumstances, such as the effect of the weather, other construction, changing conditions, settlement, etc., between the time of installation and the time that the developer wishes to be released from his performance guaranty shall be the full responsibility of the developer, and no work shall be considered accepted until release of the performance guaranty.

Procedure on acceptance of public improvements. When the developer has constructed and installed the streets, drainage facilities, curbs, sidewalks, street signs, monuments and other improvements in accordance with Township regulations, standards and specifications and desires the Township to accept said improvements, he shall, in writing, addressed to and in a form approved by the Township Committee, with copies thereof to the Township Engineer, request the Township Engineer to make a semifinal inspection of said improvements. If the improvements have been constructed under a performance guaranty after approval of a final plat, the developer shall submit an as-built plan showing as-built grades, profiles and sections and locations of all subsurface utilities, such as French drains, combination drains, sanitary sewage disposal systems, both public and individual waterlines and control valves, gas lines, telephone conduits, monuments, iron property markers and any other utilities or improvements installed other than as shown on the approved final plat. Said as-built plan shall be certified to by a licensed New Jersey professional engineer. If any improvements are constructed prior to final plat approval, the final plat shall reflect all changes and as-built conditions and be so certified. Said as-built plan(s) shall be submitted on reproducible media.

It shall be the responsibility of the developer to maintain the entire site or subdivision in a safe and orderly condition during construction. Necessary steps shall be taken by the developer to protect occupants of the site or subdivision and the general public from hazardous and unsightly conditions during the entire construction period. These steps shall include but are not limited to the following:

Open excavations shall be enclosed by fencing or barricades during nonconstruction hours. Movable barricades shall be equipped with yellow flashing hazard markers or other lighting during the hours or darkness.

The excavation of previously installed sidewalk and pavement areas which provide access to occupied buildings in the site or subdivision shall be clearly marked with signs and barricades. Alternate safe access shall be provided for pedestrians and vehicles to the occupied buildings.

Materials stored on the site shall be screened from the view of occupants of the subdivision or site and adjoining streets and properties.

Construction equipment, materials and trucks shall not be stored within 150 feet of occupied buildings in the site or subdivision and adjoining streets and properties during nonconstruction hours.

Safe vehicular and pedestrian access to occupied buildings in the site or subdivision shall be provided at all times.

Construction activities which create obnoxious and unnecessary dust, fumes, odors, smoke, vibrations or glare noticeable in occupied buildings in the subdivision or site and adjoining properties and streets shall not be permitted.

Construction activities which will result in damage to trees and landscaping in occupied buildings in the site or subdivision or adjoining properties shall not be permitted.

(8)

All locations and activities in the site or subdivision which present potential hazards shall be marked with signs indicating the potential hazard.

(9)

Unsightly construction debris, including scrap materials, cartons, boxes and wrappings must be removed daily at the end of each working day.

(10)

Whenever construction activities take place within or adjacent to any traveled way or interfere with existing traffic patterns in any manner, suitable warning signs, conforming to the requirements of the Uniform Manual on Traffic Control Devices, shall be erected and maintained by the developer.

Construction trailers.

Construction trailers shall be permitted on the construction site, provided that they do not interfere with on-site construction, maneuverability of construction equipment, public ingress and egress to the site, site accessibility by emergency vehicles and sight visibility to the traveling public and do not impede the public health, safety and general welfare.

§ 244-38 Certificate of occupancy; requirements for issuance.

All construction trailers shall be removed from the site prior to release of the performance guaranty.

Should the developer fail in his obligation to maintain the site or subdivision in a safe and orderly condition, the Township may, on five days' written notice, or immediately in the case of hazard to life, health or property, undertake whatever work may be necessary to return the site or subdivision to a safe and orderly condition and deduct the cost thereof from the 10% cash or certified check portion of the performance guaranty. Upon notice of such deduction, the developer shall, within 10 days, restore the full 10% cash balance, or his performance guaranty will be held to be void, and the Township may take action as if final plat approval had not been obtained.

The Construction Official shall, upon receiving notice from the Township Engineer that a developer is in violation of this section, suspend further issuance of certificates of occupancy and building permits and may order cessation of work on any outstanding permits.

No certificate of occupancy shall be issued for any use or building involving the installation of utilities or street improvements, parking areas, buffer areas, storm drainage facilities, other site improvements, the alteration of the existing grade on a lot or the utilization of a new on-site well or sanitary disposal system unless the Township Engineer or other appropriate authority shall have, where applicable, certified to the following:

Utilities and drainage. All utilities, including but not limited to water, gas, storm drains, sanitary sewers, electric lines and telephone lines, shall have been properly installed, and service to the lot, building or use from such utilities shall be available.

Street rights-of-way.

Grading of street rights-of-way. All street rights-of-way necessary to provide access to the lot in question shall have been completely graded, and all slope retaining devices or slope plantings shall have been installed.

Street rights-of-way. All street rights-of-way necessary to provide access to the lot, building or use in question shall have been completely graded, and all slope retaining devices or slope plantings shall have been installed.

Sidewalks. All sidewalks necessary to provide access to the lot, building or use in question shall have been properly installed.

Streets. Curbing and the bituminous base course of bituminous concrete streets or the curbing and pavement courses for portland cement concrete streets necessary to provide access to the proposed lot, building or use shall have been properly installed.

Curbing and parking areas. Curbing and the bituminous base course of parking areas necessary to provide access to the required number of parking spaces for the building or use in question shall have been properly installed.

Obstructions. All exposed obstructions in parking areas, access drives or streets, such as manhole frames, water boxes, gas boxes and the like, shall be protected by building to the top of such exposures with bituminous concrete as directed by the Township Engineer.

§ 244-40 Stormwater management system maintenance.

Screening, fences and landscaping. All required screening, fencing and/or landscaping related to the lot, building or use in question shall have been properly installed unless the Township Engineer shall direct the developer to delay the planting of screening and landscaping until the next planting season in order to improve the chances of survival of such plantings.

(8)

Site grading. All site grading necessary to permit proper surface drainage and prevent erosion of soils shall have been completed in accordance with an approved soil erosion and sediment control plan.

(9)

On-site wells. All on-site wells shall have been installed, tested and approved by the Ocean County Board of Health.

(10)

On-site sanitary disposal systems. All on-site sanitary disposal systems shall have been installed and approved by the Ocean County Board of Health.

(11)

Public water supply. Where the proposed lot, building or use is served by a public water supply, said supply shall have been installed and tested, and all required fire hydrants or fire connections shall have been installed and tested and approved by the Bureau of Fire Prevention.

(12)

Lighting. All outdoor lighting shall have been installed and shall be operational.

(13)

Street signs and traffic control devices. All street signs, paint lining and/or traffic control devices affecting the proposed lot, building or use, and required under the terms of approval of a subdivision or site plan or by federal, state, county or municipal rules, regulations or laws, shall have been installed.

(14)

Stabilized driveway.

(15)

Removal of construction debris.

(16)

Other. Any other conditions established for issuance of a certificate of occupancy by the Planning Board as a condition of final site plan approval shall be complied with.

Prior to issuance of a certificate of occupancy, the applicant shall post a cash guaranty with the Township in an amount equal to the cost, to the Township, of constructing all uncompleted improvements not covered by performance guaranties previously posted.

§ 244-39 Maintenance guarantee.

[Amended 8-24-2010 by Ord. No. 17-10; 3-27-2018 by Ord. No. 05-18]

A maintenance guarantee shall be furnished by the developer prior to the release of the performance guarantee in an amount equal to 15% of the installation of the improvements covered under the performance guarantee along with 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.

The developer may elect to furnish such maintenance guarantee either by maintaining on deposit with the Township the ten-percent cash or certified check portion of the performance guarantee provided in accordance with § 244-32 of this chapter or by a bond issued by a bonding company or surety company, or other type of surety acceptable to and approved by the Township Attorney and Township Council.

The maintenance guarantee shall begin with the release of the performance guarantee and shall run for a period of two years. The guarantee shall automatically expire at the end of the established term.

The maintenance guarantee shall be to the effect that the applicant, developer, owner or user guarantees the complete maintenance of all improvements for a period of two years from the release of his performance guaranty. Should he fail in his obligation to properly maintain all improvements, the Township may, on 10 days' written notice, or immediately in the case of hazard to life, health or property, proceed with necessary repair or replacement of any unacceptable improvements and charge the cost thereof against the guaranty. At the end of the maintenance guaranty, the cash or certified check on deposit will be returned to the developer less any sums, properly documented by the Township, which have been expended to repair or replace any unsatisfactory improvements.

[Added 2-9-1998 by Ord. No. 5-98; amended 8-14-2000 by Ord. No. 18-00]

An applicant shall be required to dedicate proposed stormwater management systems to the Township and shall enter into an agreement with the Township to that end. Such agreement shall be a condition of final approval and shall be fully executed prior to release of performance guaranties, and acceptance of the stormwater management agreement shall require payment of the fee set forth in § 244-12K in consideration of the Township assuming all future maintenance of the stormwater management facilities. The form of agreement shall be approved by the Township Attorney. The agreement, upon execution, shall be recorded by the applicant in the office of the County Clerk. The applicant shall thereafter file a copy of the recorded agreement with the Township. Upon certification by the Township Engineer that the performance guaranty for the project may be released, acceptance of the stormwater management facilities by the Township shall be specifically stated in the resolution authorizing the guaranty release. The Township shall retain from the cash portion of the guaranty a sum equal to the maintenance fee approved as to amount by the Township Engineer in accordance with the formula in Article III of this chapter. In the event that the cash portion of the guaranty is less than the required maintenance fee, the developer shall post the deficit in cash. Any interim performance guaranty reductions authorized by the Township shall not be construed to mean that all or any part of the stormwater management system has been accepted by the Township nor shall any such interim reduction reduce the cash portion of the guaranty to an amount less than the required maintenance fee. It shall be the applicant's responsibility to maintain the stormwater management system during construction.

§ 244-41 Design standards for stream corridors.

[Added 9-9-2002 by Ord. No. 35-02]

Except as otherwise provided by federal or state law or any regulations promulgated pursuant thereto, the following buffering standards shall apply on any stream corridor:

Background.

Whereas, buffers adjacent to stream systems provide numerous environmental protection and resource management benefits which can include the following:

Storing and maintaining the chemical, physical and biological integrity of the water resources.

Removing pollutants delivered in urban stormwater.

Reducing erosion and controlling sedimentation.

Stabilizing stream banks.

Providing infiltration of stormwater runoff.

Maintaining base flow of streams.

(g)

Contributing the organic matter that is a source of food and energy for the aquatic ecosystem.

(h)

Providing tree canopy to shade streams and promote desirable aquatic organisms.

(i)

Providing riparian wildlife habitat.

(j)

Furnishing scenic value and recreational opportunity.

BEST MANAGEMENT PRACTICES (BMPs)

It is the desire of Jackson Township to protect and maintain the native vegetation in riparian and wetland areas by implementing specifications for the establishment, protection and maintenance of vegetation along all stream systems within our jurisdictional authority.

Conflict with other regulations. Where the standards and management requirements of this buffer section are in conflict with other laws, regulations, and policies regarding streams, erodible soils, wetlands, floodplains, timber harvesting, land disturbance activities or other environmental protective measures, the more restrictive shall apply. However, this or section is not intended to, and shall not, supersede federal and state standards and regulations pertaining to the same subject matter that are in effect or adopted subsequent to the effective date of this section, including any and all regulations regarding the Pinelands zones or regarding freshwater wetlands. To the extent the provisions of this section and applicable federal and state regulations are in conflict, the federal and state regulations shall control.

Intent. The purpose of this section is to establish minimal acceptable requirements for the design of buffers to protect the streams, wetlands and floodplains of Jackson Township; to protect the water quality of watercourses, reservoirs, lakes, and other significant water resources within Jackson Township; to protect Jackson Township's riparian and aquatic ecosystems; and to provide for the environmentally sound use of Jackson Township's land resources.

Definitions. As used in this section, the following terms shall have the meanings indicated:

ACTIVE CHANNEL

The area of the stream channel that is subject to flows of at least two weeks' duration annually, and that includes the portion of the channel below where the floodplain flattens.

Conservation practices or management measures which control soil loss and reduce water quality degradation caused by nutrients, animal wastes, toxins, sediment and runoff.

BUFFER

A vegetated area, including trees, shrubs and herbaceous vegetation, which exists or is established to protect a stream system, lake, reservoir or coastal estuarine area. Alteration of this natural area is strictly limited.

DEVELOPMENT

The improvement of property for any purpose involving building;

Subdivision or the division of a tract or parcel of land into two or more parcels;

The combination of any two or more lots, tracts, or parcels of property for any purpose;

NONPOINT SOURCE POLLUTION

The preparation of land for any of the above purposes.

Pollution which is generated by various land use activities rather than from an identifiable or discrete source, and is conveyed to waterways through natural processes, such as rainfall, storm runoff or groundwater seepage rather than direct discharge.

NONTIDAL WETLAND

Those areas not influenced by tidal fluctuations that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

ONE-HUNDRED-YEAR FLOODPLAIN

The area of land adjacent to a stream that is subject to inundation during a storm event that has a recurrence interval of 100 years.

POLLUTION

Any contamination or alteration of the physical, chemical or biological properties of any waters that will render the waters harmful or detrimental to public health, safety or welfare; domestic, commercial, industrial, agricultural, recreational or other legitimate beneficial uses; livestock, wild animals or birds; fish or other aquatic life.

STREAM CHANNEL

Part of a watercourse either naturally or artificially created which contains an intermittent or perennial base flow of groundwater origin. Base flows of groundwater origin can be distinguished by any of the following physical indicators:

Hydrophytic vegetation, hydric soil or other hydrologic indicators in the area(s) where groundwater enters the stream channel in the vicinity of the stream headwaters, channel bed or channel banks.

Flowing water not directly related to a storm event.

Historical records of a local high groundwater table such as well and stream gauge records.

STREAM ORDER

A classification system for streams based on stream hierarchy. The smaller the stream, the lower its numerical classification. For example, a first order stream does not have tributaries and normally originates from springs and/or seeps. At the confluence of two first order streams, a second order stream begins, and so on.

STREAMS

Perennial and intermittent watercourses identified through site inspection and USGS maps. Perennial streams are those which are depicted on a USGS map with a solid blue line. Intermittent streams are those which are depicted or a USGS map with a dotted blue line.

STREAM SYSTEM

A stream channel, together with one or both of the following:

One-hundred-year floodplain; and/or

Hydrologically related nontidal wetlands.

WATER POLLUTION HAZARD

A land use or activity that causes a relatively high risk of potential water pollution.

Applications.

This section shall apply to all proposed development except for that development which meets waiver criteria as outlined in Subsection I of this section.

This section shall apply to all timber harvesting activities, except those timber harvesting operations which are implementing a forest management plan which has been deemed to be in compliance with the regulations of the buffer ordinance and has received approval from the Pinelands Commission.

This section shall apply to all surface mining operations, except that the design standards shall not apply to active surface mining operations which are operating in compliance with an approved surface mining permit of the Pinelands Commission.

Plan requirements.

In accordance with Subsection E of this section, a plan approved by the appropriate agency is required for all development, forest harvesting operations, surface mining operations and agricultural operations.

The plan shall set forth an informative, conceptual and schematic representation of the proposed activity by means of maps, graphs, charts or other written or drawn documents so as to enable the agency an opportunity to make a reasonably informed decision regarding the proposed activity.

The plan shall contain the following information:

A location or vicinity map.

Surveyed streams, springs, seeps, bodies of water and wetlands (include a minimum of 200 feet into adjacent properties).

Field delineated and surveyed forest buffers.

Limits of the ultimate one-hundred-year floodplain.

Soil survey map delineating slight, moderate and severe limitations.

A narrative of the species and distribution of existing vegetation within the buffer.

The buffer plan shall be submitted in conjunction with the required grading plan for any development, and the forest buffer should be clearly delineated on the final grading plan.

Permanent boundary markers shall be installed prior to final approval of the required clearing and grading plan.

Design standards for forest buffers.

Forest buffer for a stream system shall consist of a forested strip of land extending along both sides of a stream and its adjacent wetlands, floodplains or slopes. The forest buffer width shall be adjusted to include contiguous sensitive areas, such as erodible soils, where development or disturbance may adversely affect water quality, streams, wetlands or other water bodies.

The forest buffer shall begin at the edge of the stream bank of the active channel.

The required width for all forest buffers (i.e., the base width) shall be a minimum of 75 feet, with the requirement to expand the buffer depending on stream order, percent slope; one-hundred-year floodplain; and wetlands or critical areas.

In third order and higher streams, add 25 feet to the base width.

Forest buffer width shall be modified if there are steep slopes which are within a close proximity to the stream and drain into the stream system. In those cases, the forest buffer width can be adjusted.

	Method A
	Percent Slope	Width of Buffer
	15% to 17%	Add 10 feet
	18% to 20%	Add 30 feet
	21% to 23%	Add 50 feet
	24% to 25%	Add 60 feet

Method B Type of Stream Use
Percent Slope	Water Contact Recreational Use	Sensitive Stream Habitat
1% to 14%	No change	Add 50 feet
15% to 25%	Add 25 feet	Add 75 feet
Greater than 25%	Add 50 feet	Add 100 feet

Forest buffers shall be extended to encompass the entire one-hundred-year floodplain and a zone with minimum width of 25 feet beyond the edge of the floodplain.

Potential water pollution hazards.

The following land uses and/or activities are designated as potential water pollution hazards and must be set back from any stream or water body by the distance indicated below:

Storage of hazardous substances: 150 feet.

Above or below ground petroleum storage facilities: 150 feet.

Drainfields from on-site sewage disposal and treatment system (i.e., septic systems: 100 feet.

Raised septic systems: 250 feet.

[5]

Solid waste landfills or junkyards: 300 feet.

[6]

Confined animal feedlot operations: 250 feet.

[7]

Subsurface discharges from a wastewater treatment plant: 100 feet.

[8]

Land application of biosolids: 100 feet.

For development within 4,000 feet of any water supply intake, the setbacks should be doubled.

The forest buffer shall be composed of three district zones, with each zone having its own set of allowable uses and vegetative targets as specified in this section.

Zone 1 Streamside Zone.

The function of the Streamside Zone is to protect the physical and ecological integrity of the stream ecosystem.

The Streamside Zone will begin at the edge of the stream bank of the active channel and extend a minimum of 25 feet from the top of the bank.

Allowable uses within this zone are restricted to:

Flood control structures.

Utility rights-of-way.

[c]

Footpaths.

[d]

Road crossings, where permitted.

The vegetative target for the Streamside Zone is undisturbed native vegetation.

Zone 2 Middle Zone.

The function of the Middle Zone is to protect key components of the stream and to provide distance between upland development and the Streamside Zone.

The Middle Zone will begin at the outer edge of the Streamside Zone and extend a minimum of 50 feet, plus any additional buffer width as specified in Subsection G(5)(c).

Allowable uses within the Middle Zone are restricted to:

Biking or hiking paths.

Stormwater management facilities.

[c]

Recreational uses as approved by the reviewing board.

[d]

Limited tree clearing with approval from reviewing board.

The vegetative target for the Middle Zone is mature native vegetation adapted to the region.

Zone 3 Outer Zone.

The function of the Outer Zone is to prevent encroachment into the forest buffer and to filter runoff from residential and commercial development.

The Outer Zone will begin at the outward edge of the Middle Zone and provide a minimum width of 25 feet between Zone 2 and the nearest permanent structure.

There shall be no septic systems, permanent structures or impervious cover, with the exception of paths, within the Outer Zone.

The vegetative target for the Outer Zone may vary, although the planting of native vegetation should be encouraged to increase the total width of the buffer.

Buffer management and maintenance.

The forest buffer, including wetlands and floodplains, shall be managed to enhance and maximize the unique value of these resources. Management includes specific limitations on alteration of the natural conditions of these resources. The following practices and activities are restricted within Zones 1 and 2 of the forest buffer, except with approval by the reviewing board.

Clearing of existing vegetation.

Soil disturbance by grading, stripping or other practices.

Filling or dumping.

Drainage by ditching, underdrains or other systems.

Use, storage or application of pesticides, except for the spot spraying of noxious weeds or nonnative species.

Housing, grazing or other maintenance of livestock.

(g)

Storage or operation of motorized vehicles, except for maintenance and emergency use.

The following structures, practices and activities ate permitted in the forest buffer, with specific design or maintenance features subject to the review of the approving board and the NJDEP.

Roads, bridges, paths and utilities:

An analysis needs to be conducted to ensure that no economically feasible alternative is available.

The right-of-way should be the minimum width needed to allow for maintenance access and installation.

The angle of the crossing shall be perpendicular to the stream or buffer in order to minimize clearing requirements.

The minimum number of road crossings should be used within each development.

[5]

Permitted utilities shall include wastewater pumping stations.

Stormwater management:

An analysis needs to be conducted to ensure that no economically feasible alternative is available and that the project is either necessary for flood control or significantly improves the water quality or habitat in the stream.

In new developments, on-site and nonstructural alternatives will be preferred over larger facilities within the stream buffer.

When constructing stormwater management facilities (i.e., BMPs), the area cleared will be limited to the area required for construction and adequate maintenance access as outlined in the most recent edition.

Alternative stormwater management facilities shall be considered to encourage the design of facilities that are sufficient to capture a two-year storm event.

Stream restoration projects, facilities and activities as approved are permitted within the forest buffer.

Water quality monitoring and stream gauging are permitted within the forest buffer, as approved.

Individual trees within the forest buffer may be removed which are in danger of falling, causing damage to dwellings or other structures or causing blockage of the stream.

All plats prepared for recording and all right-of-way plats shall clearly:

Show the extent of any forest buffer on the subject property by metes and bounds.

Label the forest buffer.

Provide a note to reference any forest buffet stating: "There shall be no clearing, grading, construction or disturbance of vegetation except as permitted by the agency."

Provide a note to reference any protective covenants governing all forest buffers areas stating: "Any forest buffer shown hereon is subject to protective covenants which may be found in the land records and which restrict disturbance and use of these areas.

All forest buffer areas shall be maintained through a declaration of protective covenant, which is required to be submitted for approval by the board. The covenant shall be recorded in the land records and shall run with the land and continue in perpetuity.

All lease agreements must contain a notation regarding the presence and location of protective covenants for forest buffer areas and which shall contain information on the management and maintenance requirements for the forest buffer for the new property owner.

An offer of dedication of a forest buffer area to the agency shall not be interpreted to mean that this automatically conveys to the general public the right of access to this area.

The Township shall inspect the buffer annually and immediately following severe storms for evidence of sediment deposition, erosion or concentrated flow channels and corrective actions taken to ensure the integrity and functions of the forest buffer.

(8)

Forest buffer areas may be allowed to grow into their vegetative target state naturally, but methods to enhance the successional process such as active reforestation may be used when deemed necessary to ensure the preservation and propagation of the buffer area. Forest buffer areas may also be enhanced through reforestation or other growth techniques as a form of mitigation for achieving buffer preservation requirements.

Waivers.

This section shall apply to all proposed development except for that development which prior to the effective date of this section:

Is covered by a valid, unexpired plat in accordance with development regulations.

Is covered by a current executed public works agreement.

Is covered by a valid unexpired building permit.

Has been accepted to apply for a building permit.

Has been granted a waiver in accordance with current development regulations.

Waivers may be granted by the reviewing board under the following conditions:

Those projects or activities where it can be demonstrated that strict compliance with the section would result in practical difficulty.

Those projects or activities serving a public need where no feasible alternative is available.

The repair and maintenance of public improvements where avoidance and minimization of adverse impacts to nontidal wetlands and associated aquatic ecosystems have been addressed.

For those developments which have had buffers applied in conformance with previously issued requirements.

The buffer width may be relaxed and the buffer permitted to become narrower at some points as long as the average width of the buffer meets the minimum requirement. This averaging of the buffer may be used to allow for the presence of an existing structure or to recover a lost lot, as long as the Streamside Zone (Zone 1) is not disturbed by the narrowing and no new structures are built within the one-hundred-year floodplain.

The applicant shall submit a written request for a waiver. The application shall include specific reasons justifying the waiver and any other information necessary to evaluate the proposed request. The agency may require an alternatives analysis that clearly demonstrates that no other feasible alternatives exist and that minimal impact will occur as a result of the project or development.