Township of Waterford, NJ Article VI Fees, Insurance, Guarantees and Inspections; Start of Construction; Improvements

§ 176-20 Fees.

[Amended 4-25-2012 by Ord. No. 2012-8]

A. General.

(1) The application charge is a flat fee to cover administrative expenses and is nonrefundable. The escrow account is established to cover the costs of professional services, including engineering, planning, legal, and other expenses connected with the review of the submitted materials, including any traffic engineering review or other special analysis related to the Township's review of the submitted materials, or any necessary studies regarding off-tract improvements. No application shall be deemed complete until the initial required escrow fees have been paid. If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow prior to any further consideration of the application by the Township. Sums not utilized in the review process shall be returned to the applicant within 20 days of the issuance of a certificate of occupancy for the development.

(2) The Township may enforce payment by withholding issuance of building permits or certificates of occupancy. When a depleted escrow is not brought current or a bill for deficiency remains unpaid, the engineers and solicitors shall be authorized to withhold all further services relating to the matter, including the granting of any approvals, until such time as the depleted escrow account is brought current or the deficiency is paid in full. In the event it is necessary for the Township to file suit to collect any unpaid costs, the applicant will be responsible for all costs of collection, including reasonable attorneys' fees.

(3) Every application for development shall be accompanied by a check payable to the Township of Waterford. No application shall be deemed complete until the required fee has been paid. Where one application for development includes several approval requests, the sum of the required applications and escrow fees shall be paid.

(4) Each applicant for subdivision or site plan approval shall agree to pay all reasonable costs for professional review and inspection of the improvements. All such costs for review shall be paid before any approved plat, plan or deed is signed. All inspection fees shall be paid in accordance with § 176-25 before any construction permit is issued. All remaining costs shall be paid in full before any occupancy of the premises is permitted or certificate of occupancy issued.

(5) The Planning Clerk for the Department of Planning and Zoning shall maintain an itemized account for each application and shall supply a copy of the account to an applicant upon request. The Chief Financial Officer of the Township shall periodically advise the Planning Clerk of the balance of all escrow accounts and when additional funds are required. It shall be the obligation of the Administrative Clerk to notify the applicant of the amount needed and to notify the Planning Board of any refusal or failure to properly make any payments required.

(6) If an applicant desires a court reporter, the applicant shall arrange for the reporter's attendance and pay the cost for taking testimony, transcribing it, and providing a copy of the transcript to the Township.

(7) The Planning Board shall include, as a condition to approval of any application, that any additional fees required as a result of the approval be paid by the applicant to Waterford Township.

B. Administrative review. Applications for development which do not require Planning Board approval shall be reviewed by the Administrative Review Committee. These include, but are not limited to, applications as defined in § 176-9, grading plans, municipal road opening permits, driveway paving permits, and the like.[1]

(1) Filing fee: $15.

(2) Escrow: $300.

[1] Editor's Note: Amended at time of adoption of Land Use Code (see Ch. 1, General Provisions, Art. III).

C. General fees applicable to Planning Board applications.[2]

(1) Publication of decision: $25.

(2) List of adjoining property owners within 200 feet: not to exceed $0.25 per name or $10, whichever is greater.

(3) Extension of approvals.

(a) Filing fee: $100.

(b) Escrow: $150.

[2] Editor's Note: Amended at time of adoption of Land Use Code (see Ch. 1, General Provisions, Art. III).

D. Review for interpretation, guidance or clarification.

(1) Planning Board informal review of conceptual minor subdivision or site plan (limited to one thirty-minute session for nonbinding advice).

(a) Filing fee: $200.

(b) Escrow: $2,000.

(c) If applicant requests input from Board Engineer: application fee $200; escrow fee $500; engineering; plus $250 legal.

(2) Planning Board informal review of conceptual major subdivision or site plan (nonbinding advice).

(a) Filing fee: $300.

(b) Escrow: $4,000, plus $500 per acre (first 10 acres) and $200 per acre (each additional acre); (application fee $200 and escrow fee $500 engineering, plus $250 legal).

(3) Interpretation of Chapter 176.[3]

(a) Filing fee: $200.

(b) Escrow: $500 engineering, plus $250 legal.

[3] Editor's Note: Amended at time of adoption of Land Use Code (see Ch. 1, General Provisions, Art. III).

(4) Appeal of Zoning Official's decision.[4]

(a) Filing fee: $200.

(b) Escrow: $500 engineering, plus $250 legal.

[4] Editor's Note: Amended at time of adoption of Land Use Code (see Ch. 1, General Provisions, Art. III).

(5) Certification of preexisting use.[5]

(a) Filing fee: $200.

(b) Escrow: $250.

[5] Editor's Note: Amended at time of adoption of Land Use Code (see Ch. 1, General Provisions, Art. III).

(6) Informal workshop meeting with the Zoning Official and Pinelands representative to discuss potential development.

(a) Filing fee: $0.

(b) Escrow: $300 (if applicant requests Engineer be present).

E. Variance applications. Applications for each variance requested or required under N.J.S.A. 40:55D-70(a), (b), (c), or (d).

(1) Filing fee:

(a) Residential: $100.

(b) Nonresidential: $200.

(2) Escrow:

(a) C variance: $500.

(b) D variance: $1,000.

F. Temporary use. Applications in accordance with § 176-12C.

(1) Filing fee:

(a) Residential: $100.

(b) Nonresidential: $200.

(2) Escrow: $250.

G. Minor site plan. Applications in accordance with § 176-37.

(1) Filing fee: $200.

(2) Escrow: $2,000.

H. Preliminary major site plan. Applications in accordance with § 176-40.

(1) Filing fee: $300.

(2) Escrow: $4,000, plus $500 per acre (first 10 acres) and $200 per acre (each additional acre).

I. Final major site plans. Applications in accordance with § 176-42.

(1) Filing fee: $300.

(2) Escrow: $2,500 plus $300 per acre (first 10 acres) and $200 per acre (each additional acre).

J. Amended site plans. Applications in accordance with § 176-37, 176-40 or 176-42.

(1) Filing fee: $200.

(2) Escrow: $1,000.

K. Minor subdivision. Applications in accordance with § 176-37.

(1) Filing fee: $200.

(2) Escrow: $2,000.

L. Preliminary major subdivision. Applications in accordance with § 176-40.

(1) Filing fee: $300.

(2) Escrow: $2,000 for first five lots, plus $100 for each additional lot ($4,000 plus $200 per lot (first 10 lots) and $100 per lot (each additional lot).

M. Final major subdivision. Applications in accordance with § 176-42.

(1) Filing fee: $300.

(2) Escrow: $1,000 for first five lots, plus $50 for each additional lot [$2,500, plus $100 per lot (first 10 lots) and $50 per lot (each additional lot)].

N. Amended subdivision. Applications in accordance with § 176-37, 176-40 or 176-42.

(1) Filing fee: $200.

(2) Escrow: $1,000.

O. Conditional use (not including required site plan or subdivision review fees when applicable). All conditional uses require Planning Board review.

(1) Filing fee: $200 in addition to preliminary and final major site plan if site changes are proposed.

(2) Escrow: $1,000 in addition to preliminary and final major site plan if site changes are proposed.

P. Copy of minutes, transcripts or decisions.

(1) Copies of minutes of decisions: $0.05 per letter size page or smaller, and $0.07 per legal size page or larger.[6]

[6] Editor's Note: Amended at time of adoption of Land Use Code (see Ch. 1, General Provisions, Art. III).

(2) Certified copies of transcripts must be ordered through the recording secretary. A cost estimate will be provided by the Transcription Service.

Q. Copy of Chapter 176, Land Use, Development and Zoning, and Zoning Map.

(1) Ordinance: $50.

(2) Zoning Map: $5.

R. Forestry permit.

(1) Fee: $25.

(2) Administrative fee upon issuance: $250.

S. Tax Map update.

(1) Subdivision:

(a) 1 to 3 lots: $150 per lot.

(b) 4 to 10 lots: $100 per lot.

(c) 11 to 25 lots: $1,250.

(d) 26 to 50 lots: $2,500.

(e) More than 50 lots: $3,500.

§ 176-21 Insurance requirements.

[Amended 4-25-2012 by Ord. No. 2012-8]

As a condition of approval, every applicant for major subdivision and site plan approval shall be required to produce evidence of a comprehensive general liability insurance policy in an amount not less than $300,000 per occurrence, indemnifying and saving harmless Waterford Township and its agencies, employees and agents from any liability for any act of the developer or his agents, contractors or employees in the implementing of the approved plan. A certificate of insurance issued by an insurance carrier authorized to conduct business within the State of New Jersey shall constitute acceptable evidence of such coverage. The applicant shall be required to maintain such insurance until all improvements are completed and, if required, a final certificate of occupancy is provided.

§ 176-22 Guarantees and inspections.

[Amended 4-25-2018 by Ord. No. 2018-10]

For the purposes of this section, the term "public improvements" shall mean only those improvements required by Board approval or developer's agreement, ordinance or regulation of the Township which are to be dedicated to the Township or any other public entity and that have not yet been installed which are improvements as shown on approved plans or plot plans for streets, pavements, gutters, curbs, sidewalks, streetlighting, street trees, surveyors' monuments as shown on the final map and required by the Map Filing Law,[1] water mains, sanitary sewers, community septic systems, drainage structures, public improvements for open space, and any grading necessitated by the preceding improvements. If required within an approved phase of a project, the performance guarantees shall also include perimeter buffer landscaping as required by local ordinance or as a condition of Board approval.

A. Requirements specific to major subdivisions.

(1) No final major subdivision application, whether for an entire tract or a section thereof, shall be approved by the Board until the satisfactory completion and performance of all required public improvements has been certified to the Board by the Township Engineer unless the applicant has:

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

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

(c) Satisfactorily completed the construction of all required curbs; and/or

(d) All remaining required improvements shall not be subject to a performance guarantee but are still subject to inspection by the Township Engineer as set forth hereinafter to ensure installation of said improvements as required on or before an agreed date and as hereinafter provided.

(2) Except as hereafter provided, the remaining required private improvements shall be at least 50% complete 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 occur first. At least 75% of the remaining required private improvements shall be complete 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 occurs first. Said private improvements shall be 100% complete 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 occurs first. It is the intention of the Township Committee that this requirement will provide to those living in each new section of the subdivision a lot that is as complete as possible with respect to tract and individual lot improvements.

B. Requirements specific to major site plans. No final major site plan application, whether for an entire tract or a section thereof, shall be approved by the Board unless:

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

(2) The applicant, with the approval of the Planning Board, has entered into a developer's agreement with the Township, in a form satisfactory to the Township Attorney and authorized by the governing body, requiring the installation and maintenance of the public improvements by the applicant and successors in interest; imposing such limitations upon and/or staging of the development of the site as are necessary to ensure orderly construction of the public improvements on or before an agreed upon date by the filing of a performance guaranty in accordance with § 176-22D.

C. Requirements specific to minor subdivisions and minor site plans. In the case of a minor site plan and/or minor subdivision, in the event that the developer elects to complete all improvements without posting the performance guaranty required by § 176-22D, no construction shall be commenced until a revised plan incorporating all conditions of approval is submitted and signed. The developer shall still post the inspection escrow and notify the Township Engineer prior to commencement of work. The Township shall have the power to waive the requirement of an inspection escrow for minor site plans only where the site improvements are established to be less than $3,500, in which case the Township building inspection staff shall perform the inspections and notice of work to be commenced shall be given to the Township Uniform Construction Code Official instead of to the Township Engineer. Whether or not an inspection escrow is required, all site improvements under this subsection must be completed prior to the issuance of a certificate of occupancy.

D. Performance guaranty.

(1) A performance guarantee for only those improvements to be dedicated to the Township, or, if applicable, for perimeter buffer landscaping, shall be prepared by the Township Engineer for review and approval, setting forth all required improvements, as determined by the Board, and their estimated cost. No performance guarantee shall be required for the installation of utilities, and they will be installed by the applicable utility company. Any adjustment in the amount of the guarantee shall be approved by resolution of the Township Committee. At the developer's option, a separate performance guarantee may be posted for the privately owned perimeter buffer landscaping.

(2) The cost of the installation of the required improvements shall be estimated by the Township Engineer based on documented construction costs for public improvements prevailing in the Township.

(3) The applicant shall present two copies of the performance guaranty, in an amount equal to 120% of the approved construction cost estimate, for approval as to form and execution by the Township Attorney. Additional copies of the performance guaranty shall be forwarded by the owner to the Planning Board. The performance guaranty estimates, as prepared by the Township Engineer and approved by the Township Committee, shall be appended to each performance guaranty posted by the obligor.

(4) The performance guaranty shall be made payable and deposited to the Township and shall be in the form of cash, irrevocable letter of credit, certified check, or performance bond, from an acceptable surety company licensed to do business in the State of New Jersey, in which the applicant shall be a principal. The Township shall issue its receipt for such deposits. Deposits shall automatically renew for one-year periods and shall be retained as security for completion of all required work until the Township provides a resolution that the required work has been completed or, in the event of default on the part of the applicant, shall be used by the Township to pay the cost and expense of completing all requirements. Upon receipt of the resolution from the Township that the work has been completed satisfactorily, the deposits shall be returned to the applicant.

(5) Ten percent of the amount of the approved performance guaranty shall be deposited by the applicant in cash with the Township. The remaining 90% may be in cash, irrevocable letter of credit or surety bond. In the event of default, the 10% cash shall be applied to the completion of the requirements and any bidding and legal costs associated therewith. If the 10% cash is insufficient, the remaining 90% cash, letter of credit or surety bond shall be used for the completion of the requirements and any additional bidding and legal costs associated therewith.

E. Default by developer. If the required improvements are not completed or corrected in accordance with the performance guaranty, the obligor and surety, if any, under the performance guaranty shall be liable to the Township for the cost of the improvements not completed or constructed, and the Township, either prior to or after receipt of the proceeds thereof, may complete the improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law, P.L. 1971, c. 198.[2] For the purposes of this subsection, "default" shall mean failure to install the improvements in accordance with the Township standards of construction, including, but not limited to, failure to install the improvements prior to the expiration of the performance guaranty. The Township Engineer's certification that the developer has defaulted in compliance with the required standards of construction and installation of improvements shall be the basis for Township Committee action which rejects the improvements, withholds approval, withholds construction permits or formally declares default and authorizes collection on the performance guaranty.

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

F. Penalties. In addition to penalties for violation in accordance with § 176-13, the Township Engineer is specifically authorized to require the replacement of any lands, buildings, structures and site improvements (including clearing, whether on site or off site), or of any other work commenced or continued on any site in violation of any stop-construction order or the standards for construction as established by the Township.

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

§ 176-23 Start of construction.

Construction pursuant to a site plan or subdivision approval shall not commence until:

A. The applicant has paid all fees required by this chapter;

B. The applicant has received all other governmental approvals required by the Board's resolution of memorialization granting subdivision and/or site plan approval;

C. All revisions to the submitted plat or plan required by the Board at the time of subdivision or site plan approval have been filed with and approved by the Township Engineer and any other individual or group as may have been specified by the Board in the applicable resolution of memorialization granting subdivision and/or site plan approval;

D. The applicant's construction plans have been filed with and approved by the Township Engineer; and

E. The applicant has had a preconstruction meeting with the Township Engineer in accordance with § 176-11A for the purpose of forecasting and resolving problems that may arise during the time of construction.

§ 176-24 Special provisions for escrow deposits exceeding $5,000.

Whenever an amount of money in excess of $5,000 is deposited by an applicant or developer with the Township for professionals employed by the Township for the review of submitted applications for development pursuant to § 176-20, or for inspections pursuant to § 176-25, or to satisfy the guaranty requirements pursuant to § 176-22D, the money, until repaid or applied to the purposes for which it is deposited, including the applicant's portion of the interest earned thereon, except as otherwise provided in this section, shall continue to be the property of the applicant or developer and shall be held in trust by the Township in accordance with the following:

A. The money deposited shall be held in escrow.

B. The money shall be deposited by the Township in a banking institution or savings and loan association in New Jersey insured by an agency of the federal government, or in any other fund or depository approved for such deposits by the state.

C. The money shall be deposited in an interest-bearing account at the minimum rate currently paid by the institution or depository on time or savings deposits.

D. The Township shall notify the applicant, in writing, of the name and address of the institution or depository in which the deposit is made and the amount of the deposit.

E. The Township shall not be required to refund an amount of interest paid on a deposit which does not exceed $100. However, if the amount exceeds $100, the entire amount shall belong to the applicant or developer and shall be refunded to him by the Township annually or at the time the deposit is repaid or applied to the purposes for which it was deposited, as the case may be; except that the Township may retain for administrative expenses a sum equivalent to not more than 33 1/3% of that entire amount which shall be in lieu of all other administrative and custodial expenses.

§ 176-25 Inspections and tests.

A. All site improvements and utility installations for site plans, subdivisions, plot plans and other realty improvements shall be inspected during the time of their installation under the supervision of the Township Engineer to ensure satisfactory completion. The costs of said inspections shall be the responsibility of the developer, who shall deposit with the Township Chief Financial Officer inspection fees in an amount not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of the public improvements as determined by the Township Engineer in accordance with § 176-22D(2) and not to exceed 5% of the cost of the remaining improvements that are not subject to the performance guarantee, provided that:

[Amended 4-25-2018 by Ord. No. 2018-10]

(1) For those developments for which the inspection fees total less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited in escrow by a developer shall be 50% of the inspection fee. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspections, the developer shall deposit the remaining 50% of the inspection fees.

(2) For those developments for which the inspection fees total $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited in escrow by a developer shall be 25% of the inspection fee. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspections, the developer shall make an additional deposit of 25% of the inspection fees, which shall continue to apply to the third and fourth deposits of 25% of the inspection fees.

(3) If the Township determines that the amount in escrow for the payment of inspection fees as calculated pursuant to Subsection A(1) and (2) above is insufficient to cover the cost of additional required inspections, the Township shall require the developer to deposit additional funds in escrow, provided that the Township delivers to the developer a written inspection escrow deposit request, signed by the Township Engineer, which informs the developer of the need for additional inspections, details the items of undertaking that require inspection, estimates the time required for those inspections, and estimates the costs of performing those inspections.

B. The inspection escrow shall be deposited by the Chief Financial Officer, or his designee, in an account for such purposes under the sole control of the Township. Said inspection escrow may be commingled with similar escrows from other developers, but accurate accounts and records shall be kept to identify the particular escrows and charges made against the same. The inspection escrow funds shall be used solely for payment of the inspection fees, expenses and costs on behalf of the Township during the course of construction by the Township Engineer, or such other officials as designated by the Township, including the Township Planner or the Township Attorney, for preparation of bond reduction resolutions and approval of guarantees.

C. The Township Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit. Failure of the developer to deposit the required inspection fees in accordance with § 176-25A will subject the developer to a stop-work order and/or suspension of construction permits.

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

E. Streets shall not be paved with a top course until all heavy construction is completed and, if determined by the Township Engineer to be necessary, the macadam base course has first been restored. Shade trees shall not be planted until all grading and earth moving is completed. The placing of surveyor's monuments shall be among the last operations.

F. The Township Engineer's office shall be notified at least two working days prior to the commencement of the following phases of work so that he, or a qualified representative, may inspect the work:

(1) Road subgrade.

(2) Curb and gutter forms.

(3) Curbs and gutters.

(4) Road paving.

(5) Sidewalk forms.

(6) Sidewalks.

(7) Drainage pipes and other drainage construction.

(8) Street name signs.

(9) Monuments.

(10) Sanitary sewers and pump stations.

(11) Detention and/or retention basins.

(12) Topsoil, seeding and planting.

(13) Underground utilities.

(14) Potable water facilities.

G. Any improvement installed contrary to the plan or plat approved by the Township shall constitute just cause to void the municipal approval.

H. Any improvement installed without notice for inspection pursuant to § 176-25D above shall constitute just cause for:

(1) Removal of the uninspected improvement;

(2) The payment by the developer of any costs for material testing;

(3) The restoration by the developer of any improvements disturbed during any material testing; and/or

(4) The issuance of a stop-work order by the Township Engineer pending the resolution of any dispute.

I. Inspection by the Township of the installation of improvements and utilities shall not subject the Township of Waterford to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter; it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the owner and his contractor, if any.

J. Upon substantial completion of all required street improvements, except for the top course, and appurtenant utility improvements and the connection of same to the public system, the obligor may request of the Township Committee, in writing, by certified mail in care of the Township Clerk, that the Township Engineer prepare, in accordance with the itemized cost estimate appended to the performance guaranty pursuant to § 176-22D(3), a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgement of the obligor. The Township Engineer shall inspect all the improvements covered by the obligor's request and shall file a written detailed list and report with the Township Committee, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.

K. The list prepared by the Township Engineer pursuant to § 176-25J, shall state, in detail with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guaranty in accordance with the itemized cost estimate appended to the performance guaranty pursuant to § 176-22D(3).

§ 176-26 Release.

The Township Committee, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Township Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guaranty relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guaranty pursuant to § 176-22D(3). This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer.

A. Upon adoption of the resolution by the Township Committee, the obligor shall be released from all liability pursuant to its performance guaranty, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion and acceptability of all improvements.

B. In the event that the obligor has made a cash deposit with the Township as part of the performance guaranty, then any partial reduction granted in the performance guaranty shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guaranty.

C. If any portion of the required improvements is rejected, the obligor shall complete or correct such improvements and, upon completion or correction, shall notify the Township Committee as specified in § 176-25J and the same procedures shall be followed as in the first instance.

D. Prior to the Township Committee approving the final reduction and release of the performance guaranty, all easements and open space specified on the final plat shall be conveyed to the Township, or such other grantee, by deed containing a metes and bounds legal description.

§ 176-27 Conditions and acceptance of improvements; maintenance guaranty.

The approval of any application for development by the Township shall in no way be construed as acceptance of any street or drainage system or other improvement. No improvements shall be accepted by the Township Committee unless and until all of the following conditions have been met:

A. The final application for development shall have been approved by the Planning Board and the developer shall have submitted an affidavit, signed by a licensed New Jersey professional land surveyor, certifying that all required monuments have been set in accordance with the Map Filing Law[1] and any approved subdivision plat.

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

B. The owner/developer shall have posted with the Township Committee, prior to the release of the performance guarantee, a maintenance guarantee in an amount equal to not more than 15% of the cost of installation of the public improvements which are being released. The owner/developer shall also post with the Township Committee, upon the inspection and issuance of the final approval of the following private site improvements by the Township Engineer, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, inflow and water quality structures within the basins and the outflow pipes and structures of the stormwater management system, if any, the cost of the maintenance guarantee to be determined by the Township Engineer in accordance with § 176-22D(2). The maintenance guarantee shall run for a period of two years. The procedures and requirements governing such maintenance guarantee shall be identical with the procedures and requirements for a performance guarantee set forth in this chapter. The requirements for a maintenance guarantee may be waived by the Township Committee 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 Committee certified completion of such improvements and that during this time period the owner/developer has maintained the improvements in a satisfactory manner.

[Amended 4-25-2018 by Ord. No. 2018-10]

C. The owner shall have filed with the Township Committee a maintenance guaranty in an amount equal to and not more than 15% of the cost of installing the improvements, the cost to be determined by the Township Engineer in accordance with § 176-22D(2). 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 Township Committee 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; and

D. An as-built plan and profiles of all utilities and roads (two black and white prints to be sent to the Township Engineer, plus a Mylar copy and two black and white prints to be sent to the Administrative Officer), with certification signed and sealed by a New Jersey licensed professional engineer as to the actual construction as approved by the Township Engineer, shall be provided.

§ 176-28 Off-tract improvements.

A. Required improvements Applicants shall be required, as a condition for approval of a subdivision, site plan or conditional use to pay their proportionate share of the cost providing reasonable and necessary street improvements and/or water, sewerage and drainage facility improvements, and any necessary easements therefor located outside the property limits of the subject premises and necessitated or required by construction or improvements within such subdivision or development.

B. Improvements to be constructed at the expense of the developer. In cases where the need for an off-tract improvement is reasonably created by the proposed subdivision or development and where no other property owners receive a special benefit thereby, as opposed to a mere incidental benefit, the applicant may be required, as a condition of approval and at the applicant's sole expense, to acquire and/or improve lands outside the tract and dedicate such lands to the Township of Waterford, Camden County, or the State of New Jersey, or in lieu thereof, require the subdivider or developer to deposit with the Township a sum of money sufficient to allow the Township to acquire and/or improve such lands or conditions it may deem appropriate under the circumstances.

C. General standards for other improvements. In cases where the need for any off-tract improvement to be implemented now or in the future is reasonably necessitated by the proposed development application, the following criteria, together with the provisions or rules and regulations of the Township of Waterford or any department thereof, may be utilized in determining the developer's proportionate share of such improvements:

(1) Sanitary sewers.

(a) The capacity and the design of the sanitary sewer system shall be based on the Rules and Regulations for the Preparation and Submission of Plans for Sewerage Systems, NJDEP, and all Waterford Township Municipal Utility Authority sewer design standards, including infiltration standards.

(b) The applicant's engineer shall provide the Township Engineer with the existing and anticipated gallons per day flow ratio. The proportionate share shall be computed as follows:

Developer's Proportionate Share Total project cost

=

Development gpd Total tributary gpd

(c) Specific plans for the improved system or the extended system shall be prepared by the developer's engineer and submitted to the Planning Board during the time period when the Board is reviewing the proposed subdivision and/or site plan application. The total cost for the improvement and the developer's proportionate share shall be calculated by the developer's engineer, submitted to the Board, reviewed by the Township Engineer and approved by the Board, with any reasonable adjustments to the estimated costs, at the time when preliminary approval of the application for development is granted.

(2) Roadways. For street widening, alignment, channelization of intersections, construction of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere, the construction or reconstruction of new or existing streets and other associated streets or traffic improvements:

(a) The applicant's engineer shall provide the Township Engineer with the existing and anticipated peak-hour volumes that impact the off-tract areas in question, which volumes shall analyze pedestrian, bicycle and motor vehicle traffic. The proportionate share shall be computed as follows:

Developer's proportionate share Total cost of roadway improvement and/or extension

=

Additional peak-hour traffic Generated by the Development Future total peak-hour traffic

(b) The applicant shall furnish a plan for the proposed off-tract improvements, which shall include the estimated peak-hour traffic generated by the proposed development. The ratio of the peak-hour traffic generated by the proposed development to the future peak-hour traffic shall form the basis of the proportionate share.

(c) Specific plans for the roadway improvement and/or extension shall be prepared by the developer's engineer and submitted to the Planning Board during the time period when the Board is reviewing the proposed subdivision and/or site plan application. The total cost for the enlargement or improvement and the developer's proportionate share of the total cost shall be calculated by the developer's engineer, submitted to the Board, reviewed by the Township Engineer and approved by the Board, with any reasonable adjustments to the estimated costs, at the time when preliminary approval of the application for development is granted.

(3) Drainage improvements. For the stormwater and drainage improvements, including the installation, relocation or replacement of storm drains, culverts, catch basins, manholes, riprap or improved drainage ditches and appurtenances thereto and the relocation or replacement of other storm drainage facilities or appurtenances associated therewith:

(a) The capacity and design of the drainage system to accommodate stormwater runoff shall be computed by the developer's engineer and approved by the Township Engineer and shall be based on a method either described in Natural Resources Conservation Service Technical Release 55, or the NRCS National Engineering Handbook, Section 4.

(b) Specific plans for the enlargement or improvement of the drainage facilities shall be prepared by the developer's engineer and submitted to the Planning Board during the time period when the Board is reviewing the proposed subdivision and/or site plan application. The total cost for the enlargement or improvement and the developer's proportionate share of the total cost shall be calculated by the developer's engineer, submitted to the Board, reviewed by the Township Engineer and approved by the Board, with any reasonable adjustments to the estimated costs, at the time when preliminary approval of the application for development is granted.

(4) Water.

(a) Regarding all nonresidential developments and all planned developments, and regarding subdivisions where public water is accessible, water mains shall be constructed and connected to the existing public water supply systems by the applicant, at the applicant's sole expense, and in such a manner as to make adequate water service available to each lot or building within the development. The entire system shall be designed in accordance with the requirements and standards of the local and/or state agency having approval authority and shall be subject to their approval. The system also shall be designed with adequate capacity and sustained pressure and in a looped system with no dead-end lines whenever possible. For purposes of this section with reference to subdivisions, "accessible" shall mean that the property to be developed is no further from an existing water main than the number of feet calculated by multiplying the number of lots in the proposed subdivision by 200 or, in the case of subdivisions in which more than 15 lots are proposed, "accessible" shall mean the property to be developed is within one mile of an existing water main.

(b) Where no public water is accessible to a subdivision as defined above, water shall be furnished on an individual lot basis. If wells are installed on each lot and the lot also contains its own sewage dispose facilities, the well shall be drilled and cased to a depth of at least 100 feet unless the well penetrates an impermeable clay aquiclude, in which case the well shall be cased to at least 50 feet. Well installation, sealing and testing shall be in accordance with the New Jersey Standards for Construction of Water Supply Systems in Realty Improvements (Chapter 199 of the Public Laws of 1954), as amended, and in accordance with the guidelines and resolutions adopted by the Camden County Department of Health. Prior to being placed in consumer use and prior to issuance of a certificate of occupancy for any building served by the well, the developer shall certify to the County Department of Health that he has complied with all applicable state, county and local regulations.

(c) Where no public water is accessible to a subdivision as defined above, in addition to complying with § 176-101, the applicant shall deposit funds in escrow with the Township of Waterford in an amount equal to the cost of connecting the subdivision to an existing public water supply system, calculated on the basis of 200 feet per unit. The escrow amount shall be calculated by determining the costs of providing such water main extension as charged by the public water utility for such service, including but not limited to, materials installation, taxes, appurtenances and surcharges, if any.

(d) In lieu of depositing the aforesaid escrow funds, the applicant may, at his option, elect to install water main extensions in the subdivision, even though public water may not be accessible as defined above.

D. Escrow accounts. Where the proposed off-tract improvement is to be undertaken at a future date, funds required for the improvement shall be deposited to the credit of the Township of Waterford in a separate account until such time as the improvement is constructed. In lieu of a cash escrow account developers may present irrevocable letters of credit, for the term required, in a form acceptable to the Township Attorney. If the off-tract improvement is not begun within 10 years of the deposit, all monies and interest shall be returned to the applicant or the letter of credit, as the case may be, surrendered. An off-tract improvement shall be considered begun if the Township of Waterford has taken legal steps to provide for the design and financing of such improvements.

E. Referral to Township Committee.

(1) Where applications for development suggest the need for off-tract improvements, whether to be installed in conjunction with the development in question or otherwise, the reviewing municipal Board shall forward, to the Township Committee, a list and description of all such improvements together with a request that the Township Committee determine and advise the Board of the procedure to be followed in construction or installation thereof, including timing. The Board shall defer final action upon the subdivision or site plan until receipt of the Township Committee's determination or the expiration of 90 days after forwarding such list and description, whichever occurs first.

(2) The Township Committee, within 90 days after receipt of said list and description, shall determine and advise the reviewing municipal Board of the procedure to be followed and advise the Board with regard to suggested conditions of approval, if any, to adequately protect the municipality.

(3) In the event the reviewing municipal Board is required by statute to act upon the application prior to receipt of the Township Committee's determination regarding construction of off-tract improvements, it shall request the applicant consent to an extension of time within which to act, of sufficient duration to enable the Township Committee to make the aforesaid determination. In the event the applicant is unwilling to consent to the requested extension of time, the reviewing municipal Board shall condition its approval upon the subsequent determination of the Township Committee.

F. Implementation of off-tract improvements.

(1) In all cases, developers shall be required to enter into an agreement or agreements with the Township Committee, regarding off-tract improvements, within one year from the date of municipal subdivision or site plan approval in accordance with this chapter and any other ordinances, policies, rules and regulations of the Township of Waterford, Camden County, and the State of New Jersey, and any departments, authorities or agencies thereof. Should an agreement or agreements not be entered into within the aforesaid time period, or within such extended time as may be granted by the Township Committee, the municipal subdivision and/or site plan approval shall be deemed null and void.

(2) Where properties outside the subject tract will be benefited by the improvements, the Township Committee may require the applicant to escrow sufficient funds, in accordance with § 176-25A hereinabove, to secure the developer's proportionate share of the eventual cost of providing future structural improvements based upon the standards expressed herein.

(3) Where properties outside the subject tract will benefit by the improvements, the Township Committee may determine that the improvement(s) are to be installed by the municipality as a general improvement, the cost of which is to be borne as a general expense. If the Township Committee shall determine that the improvement(s) shall be constructed or installed as a general improvement, the Township Committee may direct the Planning Board to estimate, with the aid of the Township Engineer, the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the subject tract, will be specifically benefited thereby, and the subdivider or developer shall be liable to the municipality for such expense.

(4) If the Township Committee shall determine that the improvement(s) shall be constructed or installed as a local improvement, all or part of the cost is to be assessed against properties benefited thereby in proportion to the benefits conferred by the improvements in accordance with Chapter 56 of Title 40 of the Statutes of the State of New Jersey. The developer may be required to sign an agreement acknowledging and agreeing to this procedure and, in addition, the Township Committee may require that the developer shall be liable to the municipality, in addition to the amount of any special assessments against the subject property for benefits conferred by the improvement(s), the difference between the total cost actually incurred and the total mount by which all properties, including the subject tract, are specially benefited by the improvement as the same may be determined by the Board of Improvements Assessors.

(5) If the Township Committee shall determine that the improvements are to be constructed or installed by the applicant, such agreement may contain provisions, consistent with the standards in this chapter and any other rules, regulations or policies of Waterford Township, Camden County and the State of New Jersey, and any departments, authorities or agencies thereof with jurisdiction therein, whereby the applicant shall be reimbursed by the municipality or otherwise, as a result of any participation fees, connection charges, charges paid in regard to developer's agreements with other applicants and the like, all in accordance with an agreement between the Township Committee and the applicant.

(6) In determining the procedures to be followed in the event of the submission of a list and request from the reviewing municipal Board, the Township Committee shall be guided by the following standards and considerations:

(a) The local trends in regard to the probability of development within the drainage or circulation area in question and the intensity of such development;

(b) The risk and exposure that neighboring areas are subject to in the event that the improvements to be required are delayed;

(c) The extent to which temporary measures may sufficiently alleviate the condition or conditions requiring the off-tract improvement and the likelihood that larger regional or subregional facilities will be required in the future to serve the development tract and the general area of the municipality in which the same is located; and

(d) The extent to which the health, safety and welfare of the residents, both current and future, depend upon the immediate implementation of the off-tract improvement.