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

Consistent with N.J.S.A. 40:55D-53.2, applicants filing applications for land use approval or relief set forth herein shall pay such application fees as are due and all necessary and reasonable costs for professional services, limited to review of applications, review and preparation of documents, and necessary and reasonable costs of review by Township employees, as well as consultants not employed by Hamilton Township, where required by issues presented in the land use application, for all land use approval applications subject to jurisdiction of Hamilton Township.

In conjunction with payment of such professional fees, the applicant shall make an initial escrow deposit in the amount set forth herein by remitting the same to the Chief Financial Officer of Hamilton Township and shall execute an agreement in a form approved by the Township obligating itself to pay such initial deposit of fees and any additional fees for necessary and reasonable professional review services as may be required to complete the processing of a development application. The application fee is a flat fee to cover direct administration expenses and is nonrefundable.

Periodic accounting for escrow funds and expenditures. The Chief Financial Officer, pursuant to N.J.S.A. 40:55D-53.2(c), shall prepare and send to the applicant a statement, which shall include an accounting of funds, listing all deposits, interest credited on account, disbursements and the cumulative balance of the escrow account.

Determination of insufficient escrow deposit. If an escrow account contains insufficient funds, which is defined as equal to or less than 20% of the escrow deposit, to enable completion of the necessary land use development application reviews, the Chief Financial Officer shall notify the Director of the Department of Community and Economic Development, who shall provide the applicant with notice of the insufficiency of the escrow balance in accordance with N.J.S.A. 40:55D-53.2(c), and applicant shall post such additional escrow deposit as shall be agreed upon by the Township and the applicant within a reasonable period of time. The additional amount shall satisfy all unpaid bills and include amounts sufficient to complete all necessary and reasonable reviews associated with the application. In addition, no hearing before any Township board may be convened if such amounts are due. This provision is expressly subject to the limitations of Subsection G hereof.

Account closeout procedure. Consistent with N.J.S.A. 40:55D-53.2(d), closeout of the escrow account shall be completed in accordance with the following procedure: The applicant shall send written notice by certified mail to the Chief Financial Officer and the approving authority and to the administrative officer that the application is complete. After receipt of said notice, each Township professional shall render a final bill to the Chief Financial Officer within 30 days. The Chief Financial Officer shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill from the Township professionals. Any balances remaining in the escrow account, including interest, if applicable, shall be refunded to the applicant along with the final accounting.

Amount of fees and escrow deposits due. Prior to an application being deemed complete by the administrative officer, each applicant shall submit to the Chief Financial Officer, in cash or by separate certified check or money order, the sums mentioned herein as application fees and initial escrow deposits. Where one application for development includes more than one approval request, the sum of the individual required fees shall be paid.

[Amended 2-16-2021 by Ord. No. 21-011]

				Application Fees	Escrow to be Deposited
(1)	Subdivisions
	a.	Minor subdivisions and resubdivisions		$500	$300 per lot but in no case lower than a minimum of $2,500
	b.	Preliminary major subdivisions		$500	$300 per lot but in no case lower than a minimum of $2,500
	c.	Revised preliminary major subdivisions		$200	$100 per lot
	d.	Final major subdivisions		$500	$150 per lot but in no case lower than a minimum of $2,500
	e.	Revised final major subdivisions (minor engineering and/or survey corrections)		$500	$300 per lot
	f.	Construction or public works inspections		3% of the amount of the performance guarantee	Not applicable
	g.	Certificates showing approval of a subdivision		$10	Not applicable
	h.	Extensions to preliminary subdivisions		$100	Not applicable
	i.	Extensions to final subdivisions		$100	Not applicable
	j.	Waiver from subdivision design standard		$100	Not applicable
(2)	Site plans:
	a.	Additional parking spaces		$200	Not applicable
	b.	Preliminary site plan:
		1.	Residential	$600	$250 per lot
		2.	Nonresidential	$600	$250, plus $0.10 per square foot over 5,000 square feet but in no case lower than a minimum of $2,500
	c.	Revision to preliminary site plan:
		1.	Residential	$500	$125 per lot but in no case lower than a minimum of $2,500
		2.	Nonresidential	$500	1/2 of preliminary site plan escrow fee
	d.	Final site plan:
		1.	Residential	$500	$150 per lot
		2.	Nonresidential	$500	1/2 of preliminary site plan escrow fee
	e.	Revisions to final site plan:
		1.	Residential	$350	$150
		2.	Nonresidential	$350	1/2 of preliminary site plan escrow fee
	f.	Construction or public works inspections		3% of the amount of the performance guarantee	Not applicable
	g.	Extensions of preliminary or final site plans		$100	Not applicable
	h.	Waiver of site plan design standards		$100	$00
(3)	Floodplain relief: These fees apply in the absence of any other development review fees or if they are greater than the fees collected for another section of the development application:
	a.	Single lot:
		1.	Residential	$100	$100
		2.	Nonresidential	$200	$100
	b.	Subdivisions
		1.	Residential	$100	$100
		2.	Nonresidential	$200	$100
	c.	Site plans
		1.	Residential	$100	$100
		2.	Nonresidential	$200	$100
(4)	Variance relief:
	a.	Bulk variances
		1.	Residential	$100	N/A
		2.	Nonresidential	$150	$200; additional $100 for each variance over 3
	b.	Use variance
		1.	Residential	$750	$2,500
		2.	Nonresidential	$750	$2,500
(5)	Application and appeal to Zoning Board of Adjustment pursuant to § 550-193			$150	$500
(6)	For a list of property owners within 200 feet, a sum not to exceed $0.25 per name or $10, whichever is greater, shall be charged. A fee of $5 shall be charged for the updating of such a list.
(7)	Conditional use permits:
	a.	Residential		$200	$500
	b.	Nonresidential		$300	$1,000
(8)	Administrative waiver:
	a.	Front, rear and side yard setbacks		$100	Not applicable
	b.	Site plan review		$300	Not applicable
(9)	Interpretations or special questions			$200	$400
(10)	Driveway installation permits			$30	Not applicable
(11)	Sketch site plan and concept plan			$400	$2,500
(12)	Sketch subdivision and concept plan			$400	$2,500
(13)	Copies of municipal Master Plan			$25 per copy	Not applicable
(14)	Informal preapplication meetings with Township professionals, except minor subdivision or hardship variance for single-family detached residential unit				$750
(15)	General development plans			$1,500	$25,000

Land use applications involving properties in the redevelopment areas as designated in accordance with law shall be subject to 50% of the escrow fees set forth herein. The entire application fee shall be collected.

Municipal professional fees charged shall be the applicable hourly salary, including benefits, as periodically established by ordinance as adopted by the Township Council, and shall be applied against the escrow paid by the applicant. Fee charged for accelerated reviews shall be as set forth in § 550-253.

The Township administration shall provide the applicant with a written disclosure statement setting forth the rates applicable to all professionals performing reviews.

The Township administration shall make quarterly reports to Township Council or as requested by Council. These reports shall include, as a minimum, applications filed, applicable dates, and fees charged regarding each application.

Application hearing transcripts. If an applicant desires that a certified court reporter attend any public hearing concerning an application, 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 also arrange for the reporter's attendance.

§ 550-255 Guaranties and inspections.

[Amended 11-2-1994 by Ord. No. 94-048; 4-7-2020 by Ord. No. 20-015]

Performance guaranty estimate.

No final application for development shall be approved by the Planning Board or the Zoning Board of Adjustment until satisfactory completion and performance of all such required improvements have been certified to the Board by the Township Engineer and/or Director of Public Works, unless the owner shall have filed with the municipality a performance guaranty assuring the installation of said improvements on or before an agreed upon date and as hereinafter provided. Applications without a bond at the time of the Board hearing will be granted a final approval subject to an approved performance guaranty being filed with the Township within 60 days of the date of the Planning Board or Zoning Board of Adjustment hearing.

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

A performance guaranty estimate shall be prepared by the applicant, setting forth all requirements for improvements as established by the Planning Board, and the estimated cost shall be approved by the Township Engineer. The Planning Board shall pass a resolution either approving or adjusting this performance guaranty.

If after construction has begun the Township Engineer determines that circumstances warrant the installation of additional improvements, the Planning Board shall recommend that additional performance guaranties be posted, and the Planning Board shall require that the developer install or construct the additional improvements or post-performance guaranties. The administrative officer may withhold building permits until the provisions of this section have been complied with.

The Township may require the posting of a performance guaranty in the amount sufficient to restore the land to its condition prior to the disturbance. This requirement shall specifically apply to soil disturbance between preliminary subdivision and/or site plan approval and final subdivision and/or site plan approval.

Approval by Attorney for the Planning Board.

The subdivider shall present two copies of the performance guaranty for approval as to form and execution by the Attorney for the Board or the Township Attorney.

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

Bonding and cash requirements.

[Amended 6-18-2013 by Ord. No. 13-019]

The performance guaranty shall be made payable and deposited to Hamilton Township and shall be in the form of cash, a certified check or a performance bond, in which the owner shall be principal, said bond to be provided by an 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 municipality 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 and/or Director of Public Works that the principal has defaulted in the performance of his obligation shall be binding and conclusive upon the surety and the principal.

For residential developments, the furnishing of a performance guaranty in favor of the Township in an amount equal to 120% of the cost of installation, which cost shall be determined by the Township Engineer, for improvements which the Planning Board may deem necessary or appropriate. Ten percent of the required performance guaranty shall be deposited by the owner in cash with the Township. The remaining 90% may be in cash or surety bond. In the event of default, the ten-percent fund herein mentioned shall be first applied to the completion of the requirements, and the cash or the surety bond shall recite the foregoing provisions. Performance bonds shall be limited to two years. If at the end of two years the bonds have not been released and repairs are still outstanding, the applicant will convey to the Township, in cash, 150% of the cost of remaining repairs. This cash will be used by the Township to complete repairs and release bonds. All interest on said funds shall inure to the benefit of the Township and the developer in accordance with N.J.S.A. 40:55D-53.1.

For all nonresidential developments, the furnishing of a performance guaranty in favor of the Township in an amount equal to 120% of the cost of installation, which cost shall be determined by the Township Engineer, for public improvements which the Planning Board may deem necessary or appropriate. Ten percent of the required performance guaranty shall be deposited by the owner in cash with the Township. The remaining 90% may be in cash or surety bond. In the event of default, the ten-percent fund herein mentioned shall be first applied to the completion of the requirements, and the cash or the surety bond shall recite the foregoing provisions. Performance bonds shall be limited to two years. If at the end of two years the bonds have not been released and repairs are still outstanding, the applicant will convey to the Township, in cash, 150% of the cost of remaining repairs. This cash will be used by the Township to complete repairs and release bonds. All interest on said funds shall inure to the benefit of the Township and the developer in accordance with N.J.S.A. 40:55D-53.1.

For all nonresidential developments, the furnishing of a performance guaranty in favor of the Township in an amount equal to 50% of the cost of installation, which cost shall be determined by the Township Engineer, for nonpublic improvements which the Planning Board may deem necessary or appropriate. Ten percent of the required performance guaranty shall be deposited by the owner in cash with the Township. The remaining 90% may be in cash or surety bond. In the event of default, the ten-percent fund herein mentioned shall be first applied to the completion of the requirements, and the cash or the surety bond shall recite the foregoing provisions. Performance bonds shall be limited to two years. If at the end of two years the bonds have not been released and repairs are still outstanding, the applicant will convey to the Township, in cash, 150% of the cost of remaining repairs. This cash will be used by the Township to complete repairs and release bonds. All interest on said funds shall inure to the benefit of the Township and the developer in accordance with N.J.S.A. 40:55D-53.1.

The time allowed for installation for improvements for which the performance guaranty has been provided may be extended by the governing body by resolution. As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the time of the passage of the resolution.

Inspections and tests.

All improvements and utility installations shall be inspected during the time of their installation under the supervision of the Director of Public Works or a qualified representative to ensure satisfactory completion. The cost of said inspection shall be the responsibility of the owner, and he shall pay to the Township a sum equal to $100 per lot for public works inspections fees or, for site plans, a sum of $250 per acre. A minimum fee of $250 shall be required.

Inspection schedule.

In no case shall any paving work (including prime and seal coats) be done without permission from the Public Works Director. At least two days' notice shall be given to the Public Works Director'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 Public Works Office shall be notified after each of the following phases of the work has been completed so that they or a qualified representative may inspect the work:

Road subgrade.

Curb and gutter forms.

Curbs and gutter.

Road paving.

Sidewalk forms.

Sidewalks.

Drainage pipes and other drainage or flood control facilities.

Street name signs.

Sanitary sewers or septic tanks.

Monuments.

Landscaping.

Lot grading.

Barricades.

Freestanding lights and signs.

15.

Paving of parking areas and parking lot striping.

A Public Works Inspector may be present during all phases of construction; however, the phases at which it is mandatory are as follows:

Storm drains, sanitary sewers and appurtenances.

Prior to installation of manholes and inlets.

Prior to backfilling.

Grading.

After rough grading.

After fine grading.

Curb and sidewalk.

After setting forms and prior to pouring concrete.

While pouring concrete.

Areas to be paved.

After forming subgrade and prior to laying base or subbase.

After laying subbase or base and prior to laying top course.

Prior to laying top course.

In the case of site plans, the above phases in Subsection D(2)(c)1. through 4. shall be certified by a licensed engineer at each stage in lieu of on-site inspection by the Township. No installation shall be covered until inspected and approved by the Public Works Inspector.

A final inspection of all improvements and utilities will be started by the subdivider or developer by request to the Department of Public Works 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.

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.

After completing the construction of all improvements covered by the performance guaranty, the subdivider or developer shall prepare a set of the approved utility plans and profiles, amended to indicate as-built conditions, and shall apply to the Public Works Director for final inspection of the work. The Public Works Department shall report to the governing body on the condition of the work and recommend that the performance guaranty be released, extended or declared in default. The species of landscaping shall be certified by the Division of Planning and Zoning.

Failure to have inspection. In the event that the subdivider or developer fails to have improvements inspected when required, Hamilton Township reserves the right to reject the work. It will be the responsibility of the subdivider or developer to prove that the work was done to Township specifications. If unable to do so, all work in question will be removed and replaced under Township inspection. No installation shall be covered unless inspected and approved by the Public Works Inspector.

Construction standards.

All standards and specifications of the Township as now or hereafter adopted, if any, shall govern the design, construction and installation of all improvements. Failure of the subdivider, developer, his contractor or agent to conform to said specifications will be just cause for the suspension of the work being performed. No subdivider shall have the right to demand or claim damages from the Township, its officers, agents or servants by reason of said suspension.

In the event that the Township has not adopted standards for a specific type of improvement, then generally accepted engineering standards, as set forth in engineering and construction manuals, as may be modified by the Township Engineer for a specific situation, shall be used.

Gas, electric, telephone and similar utilities shall be installed in accordance with applicable company, state and federal requirements.

All construction stakes and grades shall be set by a licensed land surveyor in the employ of the subdivider, developer or contractor, and a duplicate copy of the notes made therefrom shall be filed with the Township Engineer. Where a laser beam is used, the instrument will be certified as being in proper working condition, and a letter will be supplied with the names of employees trained in the proper use of laser beams.

The Township shall be provided with a lot plan showing the final grade elevation at the four corners of the structure or structures and at the four corners of the property. If abnormal grading conditions exist on the lot, the plan will show more detailed information. The Township has the right to request a detailed as-built plan of a lot if the grading looks questionable. On site plans, additional elevations may be required or a final grade as built.

Pertaining to problems of the burial of trees and other debris at construction sites, the developer shall remove debris left on site within 48 hours. The burial of trees and other debris at construction sites is prohibited.

Release.

Upon 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 improvements and shall send a copy thereof to the municipal Engineer. Thereupon the municipal Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report in writing with the governing body, indicating either approval, partial approval or reason for any rejection. The cost of the improvements as approved or rejected shall be set forth.

The governing body shall either approve, partially approve or reject the improvements on the basis of the report of the municipal Engineer and shall notify the obligor, in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guaranty for such improvements.

If any portion of the required improvements are rejected, the approving authority 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. In the event that final approval is by stages or sections of development, the provisions of this section shall apply by stage or section.

As it pertains to landscaping improvements for any development project, the performance guarantee being held by the Township shall not be released until after the landscape material has been in the ground and established for a minimum of two growing seasons (i.e., spring and fall). Newly installed landscaping material shall not be considered accepted and released during the time period May 1 and August 31, unless it can be demonstrated by the applicant or project developer that the site is fully irrigated so that all landscape plantings in beds and individual trees receive an ample amount of water to sustain their growth during the late spring and summer months.

[Added 9-16-2014 by Ord. No. 14-064]

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 Planning Board.

After a project is completed and a final inspection has been made to the satisfaction of the Township Engineer, the Engineer will issue a certificate of approval. This certificate shall not be issued until the project is 100% completed.

The owner shall have filed with the governing body a maintenance guaranty in an amount equal to 15% of the original estimate of the cost of installing the improvements. The maintenance guaranty shall run for a period of one year. The procedures and requirements governing such maintenance guaranty shall be identical with the procedures and requirements for a performance guaranty as 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.

§ 550-256 Off-tract improvements.

[Amended 7-21-1994 by Ord. No. 94-033; 11-6-1997 by Ord. No. 97-030; 4-7-1999 by Ord. No. 99-009; 12-8-2004 by Ord. No. 04-048; 4-7-2020 by Ord. No. 20-015]

Off-tract improvements required. As a condition of preliminary subdivision or site plan approval involving new construction or a change in use generating additional traffic, the applicant must pay, prior to final approval, his prorated share of the cost of providing reasonable and necessary street improvements, water, sewerage and drainage facilities, and any other improvements for which contributions are permitted pursuant to N.J.S.A. 40:55D-42, and easements therefor, located outside the property limits of the development but necessitated or required by construction or improvements within such development. The prorated amount of the cost of such facilities that shall be borne by each applicant within a related or common area shall be based on the criteria established herein.

Determination of off-tract improvement requirements.

The decision regarding what, if any, off-tract improvements are to be required of a developer shall be made by the municipal reviewing agency. The decision will be based upon recommendations from a committee composed of representatives of the Planning and Zoning Division, Engineering Division, Finance Department, Department of Public Works and the Planning Board Attorney and the administrative officer.

This decision shall only be made upon analysis of the traffic circulation and utility service plan elements of the Township Master Plan. The municipal reviewing agency shall require applicants to pay their fair share of the cost of providing reasonable and necessary off-tract street improvements, necessitated or required by construction or improvements within the development.

The applicant's prorated share of the cost of required off-tract improvements shall be computed at the time of application for preliminary subdivision or site plan approval. The applicant's prorated share of the cost shall remain constant as long as there is no change to the overall scope of the application at final approval. The municipal reviewing agency, however, may recompute an applicant's prorated share of the cost of off-tract improvements or may make changes in the type of improvement to be required upon submission of a revised application differing substantially from plans previously submitted and/or approved or upon application for an extension of an approval.

Improvements to be constructed at the sole expense of the developer. In cases where the reasonable and necessary off-tract improvement or improvements is necessitated or required by the proposed development application and where no other property owners receive a special benefit thereby, the applicant may be required, as a condition of approval, at the applicant's sole expense, to provide for and construct such improvements as if such were an on-tract improvement in the manner provided hereafter and otherwise provided by law.

Other improvements. In cases where the need for an off-tract improvement is necessitated by the proposed application and where it is determined that properties outside of the development will also be benefited by the improvement, the following shall be utilized in determining the prorated share of such improvements to the applicant:

General criteria. The prorated share of costs may be determined by the municipal reviewing agency on the basis of total cost of the off-tract improvement(s), the changes in market values of the property affected and any other benefits conferred, the needs created by the development, population and land use projections for the general area of the applicant's property and other areas to be served by the off-tract improvement(s), and the estimated time of construction of the off-tract improvement(s).

Additional criteria: roadways.

The applicant may be required to pay a prorated share of off-tract street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, streetlighting, shade trees, utility improvements not covered elsewhere, the construction or reconstruction of new or existing streets and other associated street or traffic improvements.

The applicant shall be required to provide projections of traffic generation and directional distributions from the proposed development.

The applicant's prorated fair share shall be based upon consideration of some or all of the following:

The percentage relationship between the anticipated peak-hour traffic volume of the proposed development and the projected peak-hour volume of traffic utilizing the improved facility.

The relationship between the additional traffic generated by the proposed development and the growth of background traffic at relevant streets and intersections in the Township.

The impacts of the proposed development on off-tract streets and intersections.

The off-tract street improvements necessitated by the development.

The special benefit conferred upon the development as a result of such off-tract street improvement.

The total cost of the off-tract street improvement.

Any unusual characteristics of the nature and type of traffic generated by the particular development.

Existing traffic counts and patterns, the quality of roads and sidewalks in the area and the Township, and other factors related to the need created by the development and the anticipated benefit thereto.

The use, condition and status of the remaining lands in the general area.

(d)

To facilitate the transportation impact, benefits and needs appraisal required by this section, all development applications shall include a traffic impact statement (TIS); provided, however, that in the case of a minor subdivision or minor site plan application, the board of jurisdiction may grant a waiver from the requirement of a formal TIS pursuant to this paragraph upon an adequate showing that the transportation impact of such application would be insignificant. An applicant must: (i) affirmatively demonstrate to the Board that the proposed development will not place a disproportionate or excessive demand upon the total transportation resources available to the development site and throughout the Township; and (ii) propose a fair share contribution that shall be made by the applicant to accommodate street improvements necessitated by the traffic impacts which the proposed development will have upon the total transportation resources available to the development site and throughout the Township within the criteria set forth in Subsection D(2)(c). Submission of a TIS which meets the requirements of Subsection D(2)(e) below shall be a condition to a determination of completeness of an application. Upon review of the TIS, a supplemental TIS may be required by the Board to clarify, explain or augment specific areas of concern regarding traffic impacts, needs, benefits or other issues identified by the Board. An applicant located within the "Central Area TID" or the "Sloan Avenue/Quakerbridge Road TID" shall submit a TIS and contribute a fair share in accordance with the formulas set forth in Subsection H(9).

[Amended 8-19-2014 by Ord. No. 14-052]

(e)

Applicants shall submit copies of a TIS, prepared by a qualified traffic expert, containing the following information:

A study of background traffic for the existing a.m. and p.m. street peak hours and a site-related peak hour, if different from typical street peak hours, obtained by reliable traffic counts at selected key study intersections sufficient to ensure accurate sampling;

The projection of background traffic volumes at such intersections using appropriate growth rates for the projected completion date of the project and 10 years subsequent to the submission of the application;

Projection of the number of a.m. and p.m. peak-hour trips generated by the proposed development project estimated by using standard trip-generation equations;

Current gap counts and analysis for all intersections that will be impacted by the development along with a projected gap analysis using appropriate growth rates for the projected completion date of the project and 10 years subsequent to the submission of the application;

Level-of-service analysis at signalized intersections and unsignalized intersections impacts by the development;

A transportation service analysis based upon the background traffic and trip-generation projections set forth above, identifying streets and intersections that will be burdened or otherwise impacted by the additional traffic generated by the proposed development, street improvements necessitated in whole or in part by the additional traffic generated upon such streets and intersections by the development, the proportional benefits which the improvements would impart to the proposed development, the ratio of the additional traffic generated by the proposed development to the total of such additional traffic plus the growth of background traffic for the projected completion date of the project and 10 years subsequent to the submission of the application, and an evaluation of the traffic impacts of the development in the context of the Township Master Plan;

Such supplemental reports and additional data, information or documentation as required by the board of jurisdiction in order to evaluate and determine the traffic impacts, special benefits and fair share contribution attributable to the development.

(f)

This Subsection D(2) shall not apply to development applications where such developments are located within a designated transportation improvement district (TID) as provided for in Subsection H of this section.

Additional criteria: drainage facilities.

The applicant may be required to pay for a prorated share of off-tract stormwater drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, riprap or improved drainage ditches and appurtenances thereto and installation, relocation and replacement of other storm drainage facilities or appurtenances associated therewith.

The capacity and design of the drainage system required to accommodate stormwater runoff from the proposed development shall be based on methods and standards consistent with other provisions of this chapter. Calculations, plans and cost estimates shall be provided by the applicant's engineer and approved by the Township Engineer.

The capacity of a system required for the development of the applicant's property and other properties in the same drainage basin shall be determined by the Township Engineer. The plans and cost estimates for the entire improved system shall be prorated by the Township Engineer. The prorated share shall be determined with consideration given to the following:

The percentage relationship between the acreage of the applicant's property and the acreage in the total drainage basin.

The specific nature of the proposed development, the amount of area to be covered by impervious surfaces and the amount of stormwater runoff from the development.

The use, condition and status of the remaining area in the drainage basin.

Computation of prorated share. In any case in which the applicant shall not provide the municipal reviewing agency with the estimate of a traffic consultant and/or consulting engineer with regard to estimated improvements costs and all other information necessary to proportion costs, the municipal agency may rely on the estimates of the Township Engineer and other appropriate Township agencies in order to prorate costs. Costs involved in preparation of said estimates may be charged to the applicant and added to the applicant's prorated share of the off-tract improvements.

Off-tract improvement accounts.

The applicant's prorated share of the cost of an off-tract improvement shall be, as a condition of final subdivision or final site plan approval, deposited in cash to the credit of the Township to be placed in a suitable depository therefor.

Acceptance of said money for off-tract improvements does not constitute an obligation on the part of the Township to construct the improvement. As a further condition of final approval, the applicant shall be required to sign a statement acknowledging his awareness that the Township is not obligated, by the acceptance of the money, to construct the improvement.

If the money has not been spent on the project within a period of 10 years from the date of deposit, application may be made for return of this money or the unexpended portion thereof, without interest. Money spent includes money spent on initial design and engineering work. The applicant shall be required to sign a statement acknowledging his awareness that the money deposited in an off-tract improvement fund may be used for project design purposes.

If the applicant does not request the return of the money within 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 subdivider's or 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 municipality shall forthwith refund the amount of such decrease to the subdivider or developer.

In the event the payment by the applicant provided for herein is less than the applicant's 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.

Transportation improvement district.

There are hereby established transportation improvement districts for the collection from applicants of fair share monetary contributions, as determined by the municipal reviewing agency pursuant to Subsection D(2) or the formulas set forth in Subsection H(9), the proceeds of which shall be used by the Township to construct the street improvements identified and described in the circulation element of the Township's Master Plan as the "Central Area TID" and the "Sloan Avenue/Quakerbridge Road TID":

Transportation Improvement District – Central Area (TID-CA) is an area of the Township generally bounded by Routes 33, I-295, Kuser Road and U.S. Route 130, as further depicted on the Township's Zoning Map.

Transportation Improvement District – Sloan Avenue/Quakerbridge Road Area TID is an area of the Township generally bounded by the Township border to the east, north and west, Hamilton Avenue, Route I-295, Klockner Road, Whitehorse-Mercerville Road along the PSE&G right-of-way and Nottingham Way, as further depicted on the Township's Zoning Map.

An applicant may, in lieu of the requirements imposed in Subsection D(2), elect to contribute a fair share to the fund in accordance with the formulas set forth in Subsection H(9). In the event that an applicant elects to contribute a fair share to the fund, the application for development shall include a certification, in a form approved by the Township Attorney, signed by the applicant, electing to contribute such fair share in an amount determined by the formulas set forth in Subsection H(9). The board of jurisdiction shall, as a condition of approval of the application, require the applicant to enter into a developer's agreement with the Township pursuant to Subsection I, confirming the applicant's fair share contribution to the fund. Such contribution to the fund shall satisfy all requirements for off-tract street improvements imposed by the municipal board of jurisdiction.

[Amended 8-19-2014 by Ord. No. 14-052]

The level of improvement and the pro rata amount of the cost of road and street improvement shall be borne by each developer or owner with respect to development applications within an established transportation improvement district, as set forth in a subplan as part of the circulation element of the Township's Master Plan entitled "TID Areas." Such subplan is hereby incorporated by reference in its entirety as if fully set forth herein. The impact fee, to be paid or otherwise satisfied by the developer or owner in accordance with such subplan, is expressed as follows:

TID improvement fee = private share district improvement cost divided by total new development square footage in the district.

In determining the exact impact fee, the standards and policies expressed in the subplan, hereby adopted by reference, shall apply. For land uses not identified in the subplan, an equivalency factor shall be developed equating the traffic generation in the p.m. peak hour of a general office use square foot to a square foot of the new land use. The impact fee for the new land use shall be based on the equivalency factor derived multiplied by the impact fee for a general office square foot.

Impact fees are based on 2016 dollar estimates of district road improvements identified in the circulation element of the Township's Master Plan. These base-year costs shall be adjusted annually by the bid price index published in the most recent issue of the Dodge Building Cost Indexes for the United States and Canadian Cities and shall be the average of the Philadelphia area and New York metropolitan area or, if such periodical is no longer published, as published in another publication of similar reputation and reliability.

[Amended 2-19-2019 by Ord. No. 19-007]

Further, impact fee adjustments shall be made based on an annual report to be prepared by the Township Engineer in cooperation with the Planner to evaluate adequacy of development land use projections due to any rezoning, use variance approvals or redevelopment not included within the initial database contained in the TID subplan element to the Master Plan, as well as any changes in the road improvement proposals included in the subplan. On an annual basis from the date of adoption of an ordinance implementing the TID program, improvement costs and pro rata impact fees for remaining developments within the TID shall be undertaken. Cost adjustment may include program administration, updating and program maintenance and shall be based on actual expenses incurred.

(7)

Payment of the TID impact fee may be in cash or an equivalent in-kind construction of a TID improvement. Impact fees and/or in-kind improvements are to be paid and/or constructed prior to the signing of the final plan by Township officials.

(8)

The developer's responsibility to contribute funds or make improvements for off-tract road responsibilities as described in the TID subplan shall be deemed satisfied by the developer and the Township entering into a developer's agreement in accordance with the provisions of Subsection I of this section and payment of the required fee, as may be adjusted, or in lieu thereof, upon completion by the developer of an in-kind road improvement as contained within the TID subplan.

(9)

The fair share voluntary contribution to the fund shall be fixed and determined as follows:

[Amended 2-19-2019 by Ord. No. 19-007]

Central Area TID.

Land Use	Unit Fee (per square foot)
Age-restricted/independent living	$0.70
Commercial retail	$3.95
Dwelling unit (except age-restricted/independent living)	$1.54
Hotel/extended stay	$1.60
Medical building/health care facility	$3.00
Office	$2.59
Public/institution	$1.40
Research/development	$1.80
Residential health care facility	$1.10
Warehouse	$1.10

Sloan Avenue/Quakerbridge Road TID.

Land Use	Unit Fee (per square foot)
Age-restricted/independent living	$0.20
Commercial retail	$3.00
Dwelling unit (except age-restricted/independent living)	$0.60
Hotel/extended stay	$0.40
Manufacturing	$0.60
Medical building/health care facility	$0.80
Office	$1.20
Public/institution	$0.80
Research/development	$0.90
Warehouse	$0.30

(10)

Where an applicant pays the amount determined as its pro rata fair share under protect, it shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount. In the event that the applicant fails to institute legal action within one year of such payment, it shall be deemed to have waived its right to challenge its pro rata share.

(11)

Applicants who have obtained preliminary or final approval prior to the effective date hereof may choose to be treated, with respect to such applications, in accordance with the provisions of their respective approval resolution and other agreements with the Township to the extent such approval or agreements address street improvements identified in the TID or, in the alternative, may choose to be treated in accordance with the standards set forth in this section.

Implementation of TID obligation; developer's agreement.

Findings by Board. The Planning Board or Zoning Board of Adjustment, in deliberation with respect to any application for preliminary approval with regard to property located within a TID, shall consider and make appropriate findings in any resolution of memorialization, in concept form, as to the items to be covered in a developer's impact agreement as provided for in Subsection I(2) below.

Developer's agreement. A condition to any final approval shall be that the applicant shall enter into an agreement with the Township of Hamilton in recordable form approved by the Township Attorney (developer's impact agreement), based upon the findings of facts and conditions of such approval. The developer's agreement will provide for the following:

Payment of an amount of money representing the applicant's fair share of road and street improvements, inclusive of land acquisition costs, if any, beyond normal right-of-way dedication requirements, in accordance with the standards set forth in the TID subplan, adopted by reference, including provision for adjustment of such fee due to inflation or other factors.

An installment payment schedule, if requested by the applicant, based upon the phasing of the development, with respect to the collection of the fee determined. With any installment payment plan, full payment shall be required prior to the issuance of a final certificate of occupancy for the project or phase thereof subject to such installment payments.

The limit of the applicant's off-tract traffic improvement liability upon full or partial payment of the impact fee.

(d)

A description of structural improvements to be made by or at the expense of the developer in lieu of an impact fee contribution, or some combination thereof, if any, and the timing or sequence of such installation.

(e)

A description of any credits or repayment due the developer as a result of voluntary construction or payments in excess of the developer's fair share, based upon the standards set forth in the TID subplan.

(f)

In the event that funds shall be escrowed, the terms and conditions upon which such escrow shall be established, maintained and released in accordance with Subsection F herein.

(g)

Such other matters as may be recommended by the Planning Board or Township Council.

Use of funds collected. Any funds collected by way of impact fee shall be maintained in a separate escrow account credited to the Township. Such funds shall be used only for improvements referred to in the transportation improvement district subplan for that transportation improvement district and as adopted as part of the Township's capital improvement program, including payment to contractors or others for actual construction; reimbursement to third parties for work performed; planning, engineering feasibility studies; contract administration and other related costs; right-of-way and easement acquisition; inspection and professional fees for the review and implementation thereof; and related program administrative costs of the TID.

Low- and moderate-income housing. Development applications containing proposals for low- and moderate-income housing, as defined by ordinance, shall be subject to this section, except that any computations with respect to the number of units shall exclude units which are approved for low- and moderate-income users.

Contribution formula for existing uses. In the event that there is a change in the use for existing space which would generate additional traffic, the applicant's fair share shall be equal to the difference between the contribution amount for the existing use and the proposed use. This contribution would be in addition to any contribution required for a new addition to a building.

Exemption for public buildings. Development applications made by a municipal agency for the construction of a public building shall be exempt from this article, provided that the Township Council finds that the proposed building will serve a public purpose and promote the public health, safety and welfare.

(7)

Exemption for hospital. Development applications for construction of facilities made by a hospital, as defined in § 550-7, shall be exempt from transportation improvement district impact fees.

(8)

Exemption for age-restricted housing developments accessory buildings. No TID fee shall be charged for clubhouses, pool houses, greenhouses, and other accessory buildings on the sites of age-restricted housing developments.

§ 550-257 Disclosure requirements.

Every applicant which is engaged in the development of three or more dwellings or commercial or individual developments in excess of 1,000 square feet in area in the Township of Hamilton shall be required to provide, in writing, to every potential purchaser or lessor, prior to any sale or lease, the following information regarding the lands and/or structures which are the subject of potential sale or lease:

Any conditions of approval for construction which have been imposed by any municipal agency or official.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).