Township of Robbinsville, NJ Fees, Guarantees, Inspections and Off-Tract Improvements

The escrow account is established to cover the costs of professional services, including engineering, legal, planning, professional personnel on salary and consultants retained to evaluate material submitted with the application, and other expenses connected with the review of the submitted materials. Sums not utilized in the review process shall be returned to the applicant. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow.

The term "professional personnel" or "professional services" as used herein shall include the services of a duly licensed engineer, surveyor, planner, attorney, realtor, appraiser, or other expert who would provide professional services to ensure an application meets performance standards set forth in the chapter and other experts whose testimony is in an area in which the applicant has presented expert testimony.

The Township Treasurer shall monthly advise the Planning/Zoning Secretary of the balance of all escrow accounts and whether additional funds are required. In the event additional funds are required, it shall be the obligation of the Planning/Zoning Secretary to notify the applicant of the additional escrow amount required, and in the event there is a refusal or failure to make the payments required, the Planning/Zoning Secretary shall notify the approving Board and the Township Construction Office.

The escrow associated with each application shall be replenished whenever the original escrow is reduced by charges against the account to 50% or less of the original amount. The Planning/Zoning Secretary shall notify the applicant of the requirement to replenish the escrow, and the applicant shall be requested to deposit an amount to be determined by the Administrative Officer. No signed plat or site plan shall be released to the applicant nor shall any zoning permits, building permits, certificates of occupancy or any other types of permits be issued until the additional escrow has been paid. Any fees paid for informal concept without professional review shall be a credit toward fees for a subsequent application for development by the same applicant and for the same development.

Development application fee and escrow schedule.

[Amended 7-20-2022 by Ord. No. 2022-27; 3-23-2023 by Ord. No. 2023-17]

Type of Application	Administrative Fee	Initial Escrow Fee
	Subdivision
Minor	$250 plus $75 per lot	$1,500 per lot
Major
Preliminary	$300 plus $100 per lot	$2,000 plus $200 per lot
Final	$300	$1,000 plus $100 per lot
	Site Plan
Minor	$300	$1,500
Major
Residential
Preliminary	$500 plus $50 per unit	$1,500 plus $200 per unit
Final	$250 plus $25 per unit	$1,000 plus $200 per unit
Nonresidential
Preliminary	$150 per acre or $20 per each 1,000 sq. ft. or fraction thereof of gross floor area proposed, whichever is greater (minimum $800)	$1,500 plus $100 per 1,000 sq. ft. or fraction thereof over 2,000 sq. ft. of gross floor area proposed (minimum $2,500)
Final	$75 per acre or $20 per each 1,000 sq. ft. or fraction thereof of gross floor area proposed, whichever is greater (minimum $800)	$1,000 plus $100 per 1,000 sq. ft. or fraction thereof over 2,000 sq. ft. of gross floor area proposed (minimum $2,500)
Amendment of preliminary or final site plan	$5 per each 1,000 sq. ft. or fraction thereof of gross floor area proposed, whichever is greater (minimum $700)	$500 plus $100 per 1,000 sq. ft. or fraction thereof over 2,000 sq. ft. of gross floor area proposed (minimum $2,500)
Administrative site plan review	$150	$950
Pool and sports court	$50	$850
Waiver of site plan	$200	$850
	Variances
Bulk
Residential	$200	$2,500 plus $100 per variance requested when connected with a major subdivision
Nonresidential	$200; $50 for each additional variance	$2,500 plus $100 per variance requested
"D" variances
Residential	$400	$1,000 plus $25 per unit per variance
Nonresidential	$400 plus $100 for each additional "D" variance	$1,000 plus $100 per 1,000 sq. ft. or fraction thereof over 2,000 sq. ft. of gross floor area proposed per variance (minimum $2,500)
	Other
Appeals and interpretations to the Land Use Board	$200	$1,500
Conceptual/informal review	$500	$1,500
Design waiver	$200	$500
Educational training fee	$30
Extension of prior approvals	Half of the original fee	$2,500
Home occupation	$50
Publication fee	$75
Signage	$50	$200

Where one application for development includes several approval requests, the sum of the individual required fees shall be paid. The applicant shall provide a detailed breakdown of each calculation used in determining the fee pursuant to a form prescribed by the Planning/Zoning Secretary.

Each applicant for subdivision or site plan approval shall agree, in writing, to pay all reasonable costs for professional review of the application, including costs incurred with any informal review of a concept plan which may have preceded the submission of a preliminary application. Additionally, each applicant shall agree, in writing, to pay all reasonable costs for the municipal inspection of the constructed improvements. All such costs for review and inspection must be paid before any construction permit is issued, and all remaining costs must be paid in full before any occupancy of the premises is permitted or certificate of occupancy is issued.

If an applicant desires a court reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript to the Township shall be at the expense of the applicant, who shall arrange for the reporter's attendance. This shall be mandatory for all use variance applications pursuant to § 142-70C(2).[1]

[1]

Editor's Note: See now § 142-68C(2).

Notwithstanding the schedule of fees and charges contained in this section, any person(s) proposing any development within the Township of Robbinsville may request that the Land Use Board provide it with an express informal concept review without the necessity for prior review by the Township's professionals. This review is optional and the developer may choose an informal concept review with such professional review or without such review. Any developer requesting an express informal concept review pursuant to this subsection shall comply with the following:

[Amended 7-20-2022 by Ord. No. 2022-27]

The submission of a fee of $500 which shall be deemed to be a credit toward fees for review of any application subsequently filed by the applicant for development which is essentially the same to that which was the subject of the express informal concept review in accordance with N.J.S.A. 40:55D-10.1.

The maximum time to be allotted for an express review shall not exceed 20 minutes and shall be scheduled at the discretion of the Technical Review Committee, unless the time is extended by the Board pursuant to good cause shown.

If an additional appearance(s) is required, an additional charge of $500 for each appearance shall be paid by the developer prior to each appearance. Said fees shall be deemed to be a credit toward fees for review of any application subsequently filed by the applicant for development which is essentially the same to that which was the subject of the express informal concept review in accordance with N.J.S.A. 40:55D-10.1. Thereafter, the Board may establish a time frame within which the applicant shall file a formal development application(s) pursuant to applicable Township ordinances.

In the event that an applicant requests informal concept review and: 1) a revised Master Plan has been adopted but no implementing Zoning Ordinance has been adopted; or 2) the applicant proposes development which is consistent with the Master Plan but does not comport with the Zoning Ordinance in use, floor area ratio or density or the applicant submits for review a draft of a proposed ordinance or of amendments to the Zoning Ordinance, the applicant shall deposit the sum of $2,500 in escrow at the time of request for informal concept review, as funds to cover the costs of professional services, including engineering, legal and planning review. In the event said escrow is depleted in the course of the review, the applicant shall immediately deposit additional funds in the escrow account, in an amount specified by the Planning/Zoning Secretary, to cover any deficiency in said amount and to cover any additional anticipated costs of professional services, including engineering, legal and planning review.

Zoning permit fees. A nonrefundable zoning permit application review fee, calculated pursuant to the fee adopted by resolution of the Township of Robbinsville Council, shall be paid to the Township of Robbinsville before any construction permit is issued, and prior to the commencement of use or before any structure is erected, restored, added to or structurally altered. The established fee shall be due at the time of the submission of the zoning permit application, and shall be payable to the Township of Robbinsville in connection with projects such as, but not limited to, new use or tenant, new buildings, building additions or alterations, decks, porches, sheds, gazebos, pergolas, fences, patios, detached garages, above- or in-ground pools, solar panels, generators, finished basements, signs, antennas, and temporary tents. If more than one improvement is proposed, the applicant shall pay applicable fees for each such improvement.

Engineering permit fees. A nonrefundable engineering permit application review fee, calculated pursuant to the fee adopted by resolution of the Township of Robbinsville Council, shall be paid prior to the construction of any nonresidential building or residential dwelling unit, installation of public and private improvements, private driveway expansion or extension, installation of in-ground pools, retaining walls, and alteration of existing grades. For the purposes of this subsection, "retaining walls" shall be defined as vertical, self-supporting structures which exceed 30 inches in height, and constructed of concrete, durable wood, masonry or other materials, and designed to resist the lateral displacement of soil or other materials.

Tax Map/GIS database update fee.

Purpose.

It is the purpose of this subsection to impose upon developers/applicants the costs incurred by Robbinsville Township in updating its municipal Tax Map/GIS database as a result of the approval of various subdivisions or the creation of any new lots within Robbinsville Township. Said costs are directly related to the development process, and therefore Robbinsville Township hereby determines that they should be borne by the developer/applicant.

Tax Map/GIS database update fees: Each applicant and/or developer, for any approval that results in the creation of any new lot(s), revision of any existing lot(s) and/or other alterations to the Tax Map/GIS database, shall be responsible for paying all reasonable charges incurred by Robbinsville Township in updating said Tax Map/GIS database. These costs shall include, but not be limited to, update to the GIS database, revisions to existing Tax Map plates, creation/addition of new tax map plates, appropriate revisions to the Key Map(s), reprographic services for applicable Township, county and state submission copies, as well as any reasonable shipping and handling fees involved.

Costs.

Once final subdivision and/or new lot approval has been received, an escrow account shall be established by the applicant and maintained by Robbinsville Township for the express purpose of maintaining the Tax Map/GIS database. No construction permit shall be issued until said escrows as outlined below are posted with the Township:

[1]

Minor subdivisions: $75 per lot.

[2]

Major subdivisions are further broken down as follows:

One to 25 lots: $55 per lot.

Twenty-six to 75 lots: $50 per lot.

Seventy-six to 125 lots: $45 per lot.

[d]

One hundred twenty-six to 175 lots: $40 per lot.

[e]

One hundred seventy-six or more lots: $35 per lot.

[f]

Commercial site plan: $800.

[g]

Condominium site plan: $1,000 plus $20 per unit for residential condominium projects.

[h]

Each lot/Tax Map revision due to deed discrepancies, lot line adjustments, easement detailing, ownership labeling, acreage calculation and labeling, street name changes and other minor revisions: $55 per lot or per change.

[3]

If the initial escrow account is insufficient to cover the cost for revisions to the Tax Map/GIS database, then the developer/applicant shall be required to replenish the escrow account in such amounts as are required to satisfy the total cost of the revisions. In the event that the developer/applicant fails to do so, the Township shall have the option of revoking the construction permit and/or failing to issue a final certificate of occupancy or approval until such time as the applicant complies. If any portion of the escrow account remains unused following the appropriate revisions to the Tax Map/GIS database, it shall be refunded to the developer/applicant.

In the event that any application for development is denied and the application is no longer pending before the respective Township board, then any portion of the aforementioned fee which has not been expended by the engineer responsible for maintaining the Tax Map/GIS database shall be refunded to the applicant.

In addition to the maintenance fees noted, each approved applicant must supply a map of the new subdivision or new lot in a scale suitable for inclusion on the Robbinsville Township Tax Map/GIS database. Said map must be submitted in both electronic and hard copy formats and must be compliant with current New Jersey Map Filing Law guidelines (N.J.S.A. 46:23-1[2]).

[2]

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

§ 142-85 Guarantees and inspections.

Performance guaranty estimate.

No final application for development shall be approved by the Board until the satisfactory completion and performance of all such required improvements have been certified to the Board by the Township Engineer, unless the owner shall have:

Satisfactorily completed all required utility installations and their appurtenances, including water mains, culverts, storm sewers, sanitary sewers or dry sewers and drainage facilities;

Satisfactorily completed all required grading and the construction of the base course surfacing of all streets;

Satisfactorily completed the construction of all required curbs; or

(d)

Filed with the municipality a performance guaranty sufficient in amount to cover the cost of all remaining specified improvements, as estimated by the Township Engineer, and assuring the installation of said improvements on or before an agreed date and as hereinafter provided.

In any case, the remaining specified improvements shall be at least 50% completed within one year from the date of final approval, at least 75% completed within 18 months from the date of final approval and entirely completed and accepted by the Township within two years from the date of final approval.

A performance guaranty estimate shall be prepared by the Township Engineer setting forth all requirements for improvements as fixed by the Board and their estimated cost. The governing body shall pass a resolution either approving or adjusting this performance guaranty.

(4)

In the case of planned village development in which the development is to be completed in sections, no building permits may be issued for the construction of units in any section subsequent to the first until the construction authorized in the previous section has been substantially completed. "Substantially completed" shall mean that, as a minimum, all exterior finish, paving, fine grading, seeding and landscaping shall have been completed.

Approval by Board Attorney.

The subdivider shall present two copies of the performance guaranty in an amount equal to 120% of the approved performance guaranty estimate for approval as to form and execution by the Attorney for the Board.

The Attorney for the Board shall notify the Secretary of the Board prior to the meeting that the performance guaranty is properly executed and can be added to the agenda.

Bonding and cash requirements.

The performance guarantee shall be made payable and deposited to Robbinsville Township and shall be in the form of cash or a certified check, irrevocable standby letter of credit, or a performance bond in which the owner shall be principal, the bond to be provided by any acceptable surety company licensed to do business in the State of New Jersey. The Township shall issue its receipt for such deposits and shall cause the same to be deposited in a bank named by the Township 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 the part of the owner, to be used by the Township to pay the cost and expense of obtaining completion of all requirements. Every bond, whether cash or surety, shall contain a clause to the effect that a determination by the Township Engineer that the principal has defaulted in the performance of his obligation shall be binding and conclusive upon the surety and the principal. If the applicant elects to post an irrevocable letter of credit, the same must be submitted to the Township Attorney for approval prior to acceptance by the governing body. Same must be in a form same or similar to that set forth herein.

Ten percent of the amount of the approved performance guaranty estimated shall be deposited by the owner in cash with the Township. The remaining 90% may be in cash, surety bonds, certified check or irrevocable standby letter of credit in the favor of the Township. In the event of default, the 10% fund herein mentioned shall be first applied to the completion of the requirements, and the cash, surety bond, certified check or irrevocable standby letter of credit shall thereafter be resorted to, if necessary, for the completion of the requirements. The cash or surety bond may recite the foregoing provisions.

[Amended 7-20-2022 by Ord. No. 2022-27]



IRREVOCABLE STANDBY LETTER OF CREDIT
LETTER OF CREDIT NUMBER:
DATE:
BENEFICIARY: Township of Robbinsville, Mercer County, N.J. (from now on referred to as Township)
AMOUNT: $
INITIAL EXPIRATION DATE:
DEVELOPER:
	(from now on referred as "Developer")
ISSUING FINANCIAL INSTITUTION AND ADDRESS:
	(from now on referred as "Bank")
	The Bank submits to the Township this Irrevocable Standby Letter of Credit (from now on referred to as "Letter of Credit") in the amount of $, representing the cash performance guaranty required under the provisions of the Land Use Ordinances of the Township of Robbinsville, to guarantee installation and completion of the improvements required by the Township Land Use Board (from now on referred to as the "Board") in connection with the following development:
	The improvements required to be completed are set forth in the Township Engineer's estimates dated, attached to this Letter of Credit and incorporated herein.
The Bank hereby agrees with respect to this Letter of Credit as follows:
1.	If:
	a)	The improvements required by the Board have not been installed in accordance with the development approval and the attached Engineer's estimates, and
	b)	The improvements have not been accepted by the Township by a duly adopted Resolution releasing this Letter of Credit, or
	c)	The Developer has failed to perform as required by the Developer's Agreement entered into between the developer and the Township which Agreement shall be deemed incorporated herein and a part of this Letter of Credit:
Then, the Bank shall release funds under this Letter of Credit to the Township, pursuant to Paragraph 3 hereafter, for:
	a)	All costs of having the improvements installed, and upon receipt of the proceeds under this Letter of Credit, the Township shall install or have such improvements installed as may be required, and/or
	b)	All costs and/or damages resulting from the Developer not having complied with the Developer's Agreement, and/or
	c)	All Township costs, (including reasonable attorney's fees and expert witness' fees) of any litigation brought as a result of the Developer's failure to have the improvements installed and approved as a result of Developer having failed to perform pursuant to the Developer's Agreement.
It is expressly understood that the liability of the Bank is limited to the draw requirements as explained in the Letter of Credit hereafter.
2.	This Letter of Credit shall be valid for a period of length of time commencing on the date set forth above, and expiring on the initial expiration date set forth above, except as that initial expiration date may be extended as explained hereafter. If the required improvements have not been completed, approved and accepted at least 60 days before the initial expiration date set forth above, then the Township shall have the right to draw any amount which is then due up to the full amount of this Letter of Credit. This Letter of Credit shall be automatically extended, without amendment, for periods of 1 year each from the initial, of any future expiration date, unless 60 days prior to the expiration date, the Bank notifies the Municipal Clerk and the Township Attorney by certified mail, return receipt requested, that the Bank elects not to extend. Upon receipt of such notice, the Township may draw under this Letter of Credit by stating in writing that the Letter has not been renewed or extended and by the Township complying with the provisions of Paragraph 3 hereafter. The Developer, until a replacement Irrevocable Standby Letter of Credit in this form has been deposited with the Township, will cease and desist any and all work on the development, unless the required improvements under the approval, this Letter of Credit and the Developer's Agreement have been completed and approved by the Township Engineer and governing body. In the event any occupancy is taking place in any improvements in the development, such occupancy shall then be deemed illegal, shall cease and desist. The provisions of this paragraph apply only to the Developer.
3.	In all circumstances, the release of money to the Township under this Letter of Credit (sometimes referred to as a "draw" or "draw down") shall be accomplished by a written demand setting forth the Developer's failure to perform and signed by 1 of the following:
	a)	Municipal Clerk
	b)	Mayor
	c)	Official authorized by written Resolution, duly adopted by the governing body, to act in the place of the Municipal Clerk or Mayor.
In addition to the written demand, the Township shall present:
	a)	This original Letter of Credit if demand is made for the full amount, or a copy of this Letter of Credit if the demand is for less than the full amount, and
	b)	A certified true copy of the appointing Resolution if the demand is executed by a Township official other than the Municipal Clerk or Mayor.
The written demand and any required accompanying documents shall be served on the Bank by either of the following 2 methods:
	a)	Certified Mail, Return Receipt Requested, to the Bank at the address indicated on this Letter of Credit by depositing the documents in the United States mail, postage prepaid, no later than 3 days before the expiration date, either initial or as extended, of this Letter of Credit; or
	b)	Personal presentation of the documents by any Township representative at the Bank at the address indicated on this Letter of Credit on or before the expiration date, either initial or as extended.
4.	The Bank and Developer hereby irrevocably bind themselves, their heirs, successors, assigns and representatives to the full and faithful performance of the obligations contained in this Letter of Credit until all conditions for release as provided in this Letter of Credit are complied with. It is expressly understood that the obligation of the Bank shall terminate upon full release of this Letter of Credit by the Township.
5.	The use, i.e., draw down, of all or part of this Letter of Credit shall in no way be deemed to constitute a waiver of any other right the Township may have under law or other documents delivered to the Township by the undersigned Developer. It is expressly understood that the provisions of this paragraph shall not apply to the Bank.
ATTEST: (Affix Seal)			DEVELOPER:
TYPE OR PRINT SECRETARY			TYPE OR PRINT PRESIDENT NAME
SIGNATURE SECRETARY			SIGNATURE PRESIDENT
DATED:			DATED:
ATTEST: (Affix Seal)			FINANCIAL INSTITUTION:
TYPE OR PRINT SECRETARY			TYPE OF PRINT PRESIDENT NAME
SIGNATURE SECRETARY			SIGNATURE PRESIDENT
DATED:			DATED:
STATE OF NEW JERSEY:
COUNTY OF: SS
I certify that on this day of , , personally came before me and this person acknowledged under oath, to my satisfaction, that:
	(a)	This person is the secretary of the financial institution in the attached documents;
	(b)	This person is the attesting witness to the signing of this document by the proper corporate officer who is the President of the financial institution;
	(c)	This document was signed and delivered by the corporation as its voluntary act duly authorized by a proper Resolution of its Board of Directors;
	(d)	This person knows the proper seal of the corporation which was affixed to the document; and
	(e)	This person signed this proof to attest to the truth of these facts.
Secretary
Sworn and Subscribed to before me this day of ,
NOTARY PUBLIC OF NEW JERSEY
My Commission Expires on
(Impress Seal)

IF CORPORATE DEVELOPER
STATE OF NEW JERSEY, COUNTY OF: SS
I certify that on , , personally came before me and this person acknowledged under oath, to my satisfaction, that:
	(a)	This person is the secretary of the Developer named in the attached document;
	(b)	This person is the attesting witness to the signing of this document by the proper corporate officer who is the President of the Developer;
	(c)	This document was signed and delivered by the corporation as its voluntary act duly authorized by a proper resolution of its Board of Directors;
	(d)	This person knows the proper seal of the corporation which was affixed to this document; and
	(e)	This person signed this proof to attest to the truth of these facts.
		, Secretary
Sworn and Subscribed to before me this day of ; .
NOTARY PUBLIC OF NEW JERSEY
My Commission Expires on
(Impress Seal)

IF INDIVIDUAL DEVELOPER
STATE OF NEW JERSEY: SS
COUNTY OF:
I certify that on the day of , , personally came before me and this person acknowledged under oath, to my satisfaction, that:
	(a)	This person is named in and personally signed this document; and
	(b)	This person signed, sealed and delivered this document as his act and deed.
Sworn and Subscribed to before me this day of , .
NOTARY PUBLIC OF NEW JERSEY
My Commission Expires on
(Impress Seal)

Inspections and tests.

All improvements and utility installations shall be inspected during the time of their installations under the supervision of the Township Engineer to ensure satisfactory completion. The cost of the inspection shall be the responsibility of the owner, who, prior to the installation of any improvements or the issuance of a building permit, whichever is first, shall deposit with the Township Treasurer, for placement in a special trust fund account, a sum equal to 5% of the amount of the performance guaranty estimate of the cost of public improvements to be applied to payment of inspection costs. If inspection costs exceed such fund, the owner shall deposit with the Township Treasurer additional sums upon notice from the Township Engineer. The inspection fee shall in no case be less than $100. The Township Treasurer shall return any balance of the inspection deposit to the owner upon expiration of the maintenance bond, together with the paid invoices for all expenses charged.

In no case shall any improvements be installed without permission from the Township Engineer's office. At least two days' notice shall be given to the Township Engineer's office prior to any such construction so that he or a qualified representative may be present at the time the work is to be done.

The Township Engineer's office shall be notified after each of the following phases of the work has been completed so that he or a qualified representative may inspect the work:

Road subgrade.

Curb and gutter forms.

Curbs and gutters.

Road paving.

Sidewalk forms.

Sidewalks.

Drainage pipes and other drainage structures before backfilling.

(h)

Street name signs.

(i)

Sanitary sewers and/or septic tanks.

(j)

Monuments.

(4)

A final inspection of all improvements and utilities will be started within 10 days' notification by the subdivider to determine whether the work is satisfactory and in agreement with the approved final drawings and the Township specifications. The general condition of the site shall also be considered. Upon a satisfactory final inspection report, action will be taken to release or declare in default the performance guaranty covering such improvements and utilities.

(5)

Inspection by the Township of the installation of improvements and utilities shall not operate to subject the Township 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 contractors, if any.

(6)

Upon the completion or substantial completion of all required appurtenant utility improvements and the connection of same to the public system, the obligor may notify the governing body, in writing, by certified mail addressed in care of the Municipal Clerk, of the completion or substantial completion of the improvements and shall send a copy thereof to the Municipal Engineer and where applicable to the homeowners' association and each member of its Board of Directors, or in the case of the residential development without a homeowners' association, to each property owner within the development, by certified mail. The Municipal Clerk shall, upon receipt of a developer's request, notify the following that a request for reduction/release has been received: governing body members, Township Administrator, Construction Code Official, Township Planner, and Board of Health. Anyone having information as to why the governing body should not comply with the developer's request must submit a written report to the governing body, in care of the Municipal Clerk, within 30 days.

Release. The governing body shall approve, partially approve or reject the improvements on the basis of the report from the Municipal Engineer and shall notify the obligor, in writing, by certified mail, of the contents of the Engineer's report and the action of the governing body not later than 65 days after the receipt of the notice of the obligor of the completion or substantial completion of the improvements. Failure of the governing body to send or provide such notification to the obligor within the 65 days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall be released from all liability pursuant to the performance guaranty for such improvements.

Conditions for 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 any other improvement, nor shall such approval obligate the Township in any way to maintain or exercise jurisdiction over such street or drainage system or other improvement. No improvement shall be accepted by the governing body unless and until all of the following conditions have been met:

The Township Engineer shall have certified in writing that the improvements are complete and that they comply with the requirements of this chapter.

The final application for development shall have been approved by the Land Use Board.

[Amended 7-20-2022 by Ord. No. 2022-27]

The owner shall have filed with the governing body a maintenance guaranty in an amount equal to not more than 15% of the original estimate of the cost of installing the improvements. The maintenance guaranty shall run for a period of two years. The procedures and requirements governing such maintenance guaranty shall be identical with the procedures and requirements for a performance guaranty set forth in this chapter. The requirements for a maintenance guaranty may be waived by the governing body 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.

All inspections of sanitary sewer installations to be connected with or become a part of the Township of Robbinsville Utilities Department system must be inspected and approved, in writing, by the engineer for said Utilities Department before the Township Engineer may certify that improvements are complete. All notices given to the Township Engineer's office relating to the inspection of sanitary sewers as defined above shall be transmitted to the Utilities Department's engineer by the Township Engineer, and the Utilities Department's engineer shall be paid for his inspection work from any funds posted by any developer for his work in inspecting and approving sanitary sewer installations as defined herein.

Notwithstanding any provisions set forth above concerning the responsibilities of the Township Engineer with respect to installation of, location of and inspection of sanitary sewer lines, the procedures set forth below shall apply as follows:

All estimates for the cost of construction of sanitary sewer lines, if the same are part of the public improvements referred to in this § 142-85, shall be made by the engineer for the Township of Robbinsville Utilities Department and filed with the Township and the Township Engineer, which sums shall be included with and added to the Township Engineer's estimate for the cost of all other public improvements to be used in determining the amount of the performance guaranty to be posted, the cash deposit for inspections and tests and the maintenance bond made in favor of the Township of Robbinsville and the Township of Robbinsville Utilities Department where sewers are involved.

The Township of Robbinsville Utilities Department's engineer shall inspect the installation of all sewer lines within a development or Township right-of-way and the roadway backfill material up to two feet above the pipe. The Township's Engineer will inspect the remainder of the backfill in the public right-of-way.

The Township of Robbinsville Utilities Department's engineer will certify to the Township of Robbinsville Utilities Department, the Township and the Township's Engineer that the sanitary sewer line was constructed in accordance with the Township of Robbinsville Utilities Department's rules and regulations, including backfilling up to two feet above the pipe and that the sanitary sewer main has been tested and approved. The Township's Engineer will certify all other public improvements to the Township and as to the sanitary sewer lines will certify the proper location of the line and in any areas in public rights-of-way which are to be paved, will certify that all backfilling from two feet above the pipe to the surface was properly done.

(4)

Both the Township of Robbinsville Utilities Department's engineer and the Township's Engineer will be paid from the same fund for inspection fees held by the Township. The Township's Engineer will bill the Township directly; the Utilities Department's engineer will bill the Utilities Department, which will then bill the Township for reimbursement from the fund held by the Township.

The Robbinsville Township Land Use Board shall accept as final, subject to the approval of the Township's Engineer, the Township of Robbinsville Utilities Department's decision as to the location and specifications with respect to any sewer lines in a proposed development.

[Amended 7-20-2022 by Ord. No. 2022-27]

In the event that other public improvements or other utility lines are constructed such that they encroach into the sanitary sewer trench, the Township's Engineer shall certify that the area of encroachment was backfilled properly and that the pipe was supported properly in accordance with the Township of Robbinsville Utilities Department's rules and regulations and any other law applicable.

The general areas of the Township where sewer service will be provided shall be established by joint agreement between the Township of Robbinsville Utilities Department and the Township of Robbinsville, subject to the rules and regulations of the County of Mercer, if any.

Notwithstanding anything hereinbefore or hereafter stated in Subsections H, I, J, K and L, in all situations where sanitary sewer construction is included in a developer's plans, all bonds will name the Township of Robbinsville, a municipal corporation and the Township of Robbinsville Utilities Department jointly as obligees.

Developer's agreement.

Prior to the signing and recording of final major subdivision plats and as a condition of final site plan approval in the case of a site plan, the developer shall enter into an agreement with the governing body. This agreement shall be in a form that is acceptable to the Township Attorney and one in which the developer agrees to abide by the terms and conditions of the Board approval, construct the required improvements in accordance with the approved plans, agree to maintain the constructed improvements, including but not limited to streets and roads, payment of streetlighting charges, snow removal, maintenance of storm drainage, sewer and water facilities. The developer also shall agree that, in the event the improvements are not maintained, the Township can utilize the cash portions of the performance guarantees to immediately attend to items presenting a safety hazard.

§ 142-86 Financial security for landscape architecture.

Bonding. A person required to provide landscape architectural improvements under this article shall furnish financial security in the form of a bond, an irrevocable letter or credit, or other security approved by the Township Attorney and filed with the Municipal Clerk in accordance with the provisions of this section.

If, after two growing seasons, the landscape plantings meet or exceed the standards of this section, the amount of the cash bond, surety bond, or other security shall be returned.

§ 142-87 Inspection of landscape architecture.

Inspections. Inspections of the landscape plantings by a certified landscape architect or certified arborist shall be required. A report listing deficiencies in the planning shall be issued within seven days of the time of the inspection. The report shall list deficiencies in the quantities, type of plants, placement, health, conformance to American Standards for Nursery Stock guidelines, and planting practices. The deficiencies must be corrected before the certificate of occupancy is issued.

The Township shall conduct at least three field inspections of a site subject to an approved landscape plan as follows:

The first inspection shall take place during plant installation to determine whether proper planting practices are being followed. Any deficiencies listed in the inspection report must be corrected to the satisfaction of the inspector before the completion of the planting activity.

The second inspection shall take place following completion of all construction activities to determine the level of compliance with the provisions of the landscape plan. Any deficiencies listed in the inspection report must be corrected to the satisfaction of the inspector before the release of the performance bond.

The third inspection shall take place at the end of the two-year maintenance agreement. Any deficiencies listed in the inspection report must be corrected to the satisfaction of the inspector before the release of the maintenance bond.

Minimum survival criteria for woodlands at the end of the maintenance period are as follows:

One-hundred-percent survival of all plant material.

All surviving plant material must be in good health, and disease- and pest-free.

All plantings must be maintained for a period of two years from the time of planting according to the maintenance specifications.

§ 142-88 Financial security for afforestation and reforestation.

Bonding. A person required to conduct afforestation or reforestation under this article shall furnish financial security in the form of a bond, an irrevocable letter of credit, or other security approved by the Township Attorney and filed with the Municipal Clerk in accordance with the provisions of § 142-85 and all subsections.

One growing season after the installation of the afforestation or reforestation plantings, the person required to file a bond may request reduction of the amount of the bond or other financial security by submitting a written request to the Municipal Clerk with a justification of reducing the bond or other financial security amount, including estimated or actual costs to ensure afforestation or reforestation requirements are met.

The Department shall determine whether a lesser amount is sufficient to cover the cost of afforestation or reforestation taking into account the following:

The number of acres;

The proposed method of afforestation or reforestation;

The cost of planting materials or replacement materials;

(d)

The cost of maintenance of the afforestation or reforestation project; and

(e)

Other relevant factors.

If, after two growing seasons, the plantings associated with the afforestation or reforestation meet or exceed the standards of this section, the amount of the cash bond, surety bond, or other security shall be returned.

§ 142-89 Inspection of afforestation and reforestation.

Inspections. Inspections of the plantings by a certified landscape architect or approved forester shall be required. A report listing deficiencies in the planting shall be issued within seven days of the time of the inspection. The report shall list deficiencies in the quantities, type of plants, placement, health, conformance to American Standards for Nursery Stock guidelines, and planting practices. The deficiencies must be corrected before the certificate of occupancy is issued.

The Township shall conduct at least three field inspections of a site subject to an approved forest conservation plan as follows:

The first inspection shall take place before a construction activity begins to determine whether forest protection measures have been installed and conservation areas are clearly marked on site. Any deficiencies listed in the inspection report must be corrected to the satisfaction of the inspector before the start of any construction activity.

The second inspection shall take place following completion of all construction activities to determine the level of compliance with the provisions of the forest conservation plan. Any deficiencies listed in the inspection report must be corrected to the satisfaction of the inspector before the release of the performance bond.

Other inspections or meetings shall be conducted if the Township considers it necessary to carry out the provisions of this subsection.

Minimum survival criteria for woodlands at the end of the maintenance period are as follows:

One-hundred-percent survival of shrubs and trees installed at two inches' caliper, 85% survival of trees installed at one-inch caliper, and/or 75% of trees installed as whips (five-foot to six-foot height).

All surviving plant material must be in good health, and disease- and pest-free.

There must be no evidence of exotic and invasive plant material.

All plantings must be maintained for a period of two years from the time of planting according to the maintenance specifications.

§ 142-90 Off-tract improvements.

Purpose. This section is intended to ensure a pro rata share allocation of the costs for off-tract improvements necessitated by new development in accordance with N.J.S.A. 40:55D-39a and 40:55D-42.

Principles of required improvements.

[Amended 7-20-2022 by Ord. No. 2022-27]

As a condition of preliminary minor or major land subdivision or site plan approval, the Land Use Board may require an applicant at the time of final minor or major subdivision or site plan approval to provide or to pay for the full cost of providing traffic circulation improvements, and water, sewerage, and drainage facilities, including land and easements, located off-tract of the property limits of the subdivision or development necessitated or required by the development in and of itself. "Off-tract" is defined in § 142-7 of this chapter as "not located on the property which is the subject of a development application nor on a contiguous or adjacent portion of a street or right-of-way."

As a condition of final minor or major subdivision or site plan approval, the Land Use Board may also require an applicant to pay his/her pro rata share of the cost of providing reasonable and necessary circulation improvements, and water, sewerage, and drainage facilities, including land and easements, located off-tract of the property limits of the subdivision or development necessitated or required by the development. "Necessary" improvements are those clearly, directly, and substantially related to the development in question. The Land Use Board 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 of the Robbinsville Township Master Plan adopted on March 28, 1985, and as amended hereafter, the Rules and Regulations of the Township of Robbinsville Utilities Department in effect at the time of the approval and the Rules and Regulations of the Garden State Water Company as may be applicable. The following shall be considered in the determination of the full or the proportionate or pro rata amount of the cost of such facilities within a related or common area, including but not limited to a zone district, transportation improvement district, special assessment or segment of the facility affected by the development.

All cost allocations provided to the developer at the time of final approval shall be estimates only. Such estimate(s) may change as exact costing details become available. If, after the applicant has made payment, subsequent costing details reveal that the estimates exceed the costing details, the difference shall be refunded to the developer. If subsequent costing details exceed the cost estimates, the developer shall pay the difference within 45 days of written notice of the same.

The extent of all future improvements shall be determined by the governing body with recommendations by the Land Use Board in accordance with a developer's agreement. Where more than one developer will provide or share in the cost to provide future improvements, the extent of such improvements shall be determined by the governing body with advisement by the Land Use Board in accordance with individual developers' agreements.

Cost allocation.

Full allocation. In cases where off-tract improvements are necessitated by the proposed development in and of itself, and where no other property owner(s) within a specified common area 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 all such improvements.

Proportionate allocation. Where it is determined that properties outside the development will also be benefitted 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.

[1]

Sanitary sewers. The applicant's proportionate share of distribution facilities, including the installation, relocation or replacement of collector, trunk and interceptor sewers, appurtenances, any land acquisition, and other related costs associated therewith, shall be computed as follows:

The capacity and the design of the sanitary sewer system shall be based on the Wastewater Management Plan in effect for Robbinsville Township, Mercer County, New Jersey and the standards specified in the Rules and Regulations of the Township of Robbinsville Utilities Department.

The applicant and his engineer shall perform all necessary investigation and design of a sanitary sewer main extension, including the existing and reasonably anticipated peak-hour flows as well as capacity limits of the affected sewer system, in accordance with Township of Robbinsville Utilities Department requirements and subject to approval by the Township of Robbinsville Utilities Department engineer.

If the existing sanitary sewerage collection system does not have adequate capacity to accommodate the applicant's flow given existing and reasonably anticipated peak-hour flows, as well as worst case conditions such as storm conditions at peak hours, the pro rata share shall be computed as follows:

	Total Cost of Enlargement or Improvement Cost	=	Capacity of Enlargement or Improvement (gallons per day-gpd)
	Developer's cost		Development-generated gallons per day to be accommodated by the enlargement or improvement

[d]

Development which cannot be accommodated by existing or planned sewerage treatment facilities shall apply to the Township of Robbinsville Utilities Department, in conjunction with Hamilton Township, who shall determine whether expansion of treatment facilities can be accomplished and, if so, the pro rata fair share for such expansion.

[2]

Water supply. The applicant's proportionate share of water distribution facilities, including the installation, relocation, or replacement of water mains, hydrants, valves, appurtenances, any land acquisition, and other related costs associated therewith, shall be computed as follows:

The capacity and the design of the water supply system shall be based on the standards specified by the Garden State Water Company, its successors or assigns.

The Garden State Water Company shall provide the applicant with the existing and reasonably anticipated limits of the affected water supply system in terms of average demand, peak demand, and fire demand.

If the existing system does not have adequate capacity as defined above and in conjunction with requirements established by the Garden State Company to accommodate the applicant's needs, the pro rata share shall be computed as follows:

	Total Cost of Enlargement or Improvement Cost	=	Capacity of Enlargement or Improvement (gallons per day-gpd)
	Developer's cost		Development-generated gallons per day to be accommodated by the enlargement or improvement

[3]

Roadways. The applicant's proportionate share of street improvements, street intersections near and far, alignment, channelization, barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements covered elsewhere, the construction or reconstruction of new or existing streets, other associated street or traffic improvements, any land acquisitions, and other related costs shall be as follows:

Roadway improvements shall be based on the standards specified in § 142-49 of this chapter.

The applicant shall provide the Township with a report prepared by a traffic expert which sets forth the existing and reasonably anticipated future peak-hour traffic for the off-tract improvement(s), based on Institute of Traffic Engineers (ITE) Standards. The Township shall reserve its right to provide its own analysis either by retained professionals or special consultant.

The applicant shall furnish a scheme, prepared by a traffic expert, for the proposed off-tract improvement which shall include the estimated peak-hour traffic generated by the proposed development and based on ITE Standards, the proportion thereof which is to be accommodated by the proposed off-tract improvement. The cost per peak-hour vehicle generated by the proposed development which is to be accommodated by the 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 Cost	=	Capacity of Enlargement or Improvement (peak hour traffic)
	Developer's cost		Development peak-hour traffic to be accommodated by the enlargement or improvement

[d]

Existing roads contiguous to the property are the sole responsibility of the developer who shall reconstruct such roadway to the center line and extend all related utilities through the improved section.

[e]

Reconstruction of existing Township roads on the opposite side of the center line deemed necessary by the Township Engineer to assure roadway safety shall be the responsibility of the developer along undeveloped frontage. If the adjoining property is developed within a period of 10 years, the developer shall be reimbursed by the owner or developer of the adjoining or affected property for cost of the widening beyond the center line. The cost of the reimbursement shall be established at the time of initial construction of the improvement as a portion of the performance bond.

[4]

Drainage improvements. The developer's proportionate share of stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, riprap, improved drainage ditches and appurtenances thereto, and relocation or replacement of other storm drainage facilities, appurtenances, any land acquisition, and other related costs 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 standards specified in § 142-35 of 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 proposed development 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 pro rata share for the proposed improvement shall be computed as follows:

	Total Cost of Enlargement or Improvement Cost	=	Capacity of Enlargement or Improvement (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

Escrow accounts. Where the proposed off-tract improvement is to be undertaken at some future date to be determined by the Township, the monies required for the improvement shall be deposited in an interest-bearing account to the credit of the Township in a separate escrow account until such time as the improvement is constructed. The status of the improvement shall be reviewed by the Township at a time not to exceed 10 years of deposit, for consideration of a refund if the improvement is infeasible or unwarranted. The refund shall consist of the amount deposited plus interest and minus 1% to be retained by the Township for administrative expenses.

Area stormwater detention option.

The developer may request or the Township may require participation in a regional stormwater detention system instead of meeting the stormwater detention obligation on site. A regional detention system which consists of a detention basin for collective use by adjoining developments shall be provided when adjoining projects have coincident applications and construction schedules. The Land Use Board shall determine whether the applicant must provide a detention system on site or participate in the provision of a regional detention system with the developer(s) of adjoining property/properties. The design of the basin shall be the responsibility of the applicants and shall be approved by the Township Engineer. The cost to design, construct and maintain the basin shall be borne by the applicants. The developer shall provide on-site temporary detention or shall provide for partial construction of a regional detention facility to accommodate the needs of his development until such time as the regional detention basin is required to be completed in its final form.

[Amended 7-20-2022 by Ord. No. 2022-27]