[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.
C. General fees applicable to Planning Board applications.
(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.
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).
(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).
(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.
(b)
Escrow: $500 engineering, plus $250 legal.
(4) Appeal of Zoning Official's decision.
(b)
Escrow: $500 engineering, plus $250 legal.
(5) Certification of preexisting use.
(6) Informal workshop meeting with the Zoning Official and Pinelands
representative to discuss potential development.
(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).
F. Temporary use. Applications in accordance with §
176-12C.
G. Minor site plan. Applications in accordance with §
176-37.
H. Preliminary major site plan. Applications in accordance with §
176-40.
(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.
(2) Escrow: $2,500 plus $300 per acre (first 10 acres) and $200 per acre
(each additional acre).
K. Minor subdivision. Applications in accordance with §
176-37.
L. Preliminary major subdivision. Applications in accordance with §
176-40.
(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.
(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)].
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.
(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.
R. Forestry permit.
(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.
(e)
More than 50 lots: $3,500.
[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.
[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, 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. 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.
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.
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.
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.
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.
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 and any approved subdivision plat.
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.