[Added 10-15-2018 by Ord.
No. 24-2018]
Unless otherwise expressly stated, the following words or terms
shall, for the purpose of these regulations, have the meaning indicated:
The application form and all accompanying documents and fees
required by ordinance for approval of a subdivision plat, site plan,
planned development, conditional use, zoning variance or direction
of the issuance of a permit pursuant to P.L. 1975, c. 291 (N.J.S.A.
40:55D-34 or N.J.S.A. 40:55D-36), and as required by the Harrison
Township land development review checklist.
The official action of the Joint Land Use Board taken on
a preliminarily approved major subdivision or site plan after all
conditions, engineering plans and other requirements have been completed
or fulfilled and the required improvements have been installed or
guarantees properly posted for their completion, or approval conditioned
upon the posting of such guarantees.
The approval granted by the Joint Land Use Board to a preliminary
plat for a major subdivision or site plan. Tentative approval shall
confer upon the applicant the following rights for a three-year period
from the date of approval which may not be extended:
Plans which show the exact location and elevation of all
improvements which have been made to the land, such as water mains,
sanitary, and storm sewers, underdrains, culverts, electric lines,
telephone lines, etc.
A landscaped open space, intended to enhance the appearance
and/or to screen incompatible uses along boundary lines by means of
appropriate landscaping or screening. Except as expressly provided
otherwise in the regulations requiring a perimeter landscaped open
space, such open space shall extend along the entire length of the
lot line in question and shall have a width equal to 15 feet or the
depth or width of the yard required along the lot line in question,
whichever is greater. Perimeter landscaped open space shall be broken
only by required accessways. Such perimeter landscaped space shall
be suitably surfaced with grass, groundcover or decorative paving
material or a combination thereof, shall contain landscaping such
as ornamental trees and shrubs or appropriate screening devices, such
as decorative walls, fences or berms, or a combination thereof sufficient
to create a permanent screen not less than eight feet in height. Not
more than 30% of such screen shall consist of walls or fences. The
space shall be so designed and maintained as to preserve unobstructed
vision of the street and sidewalk at points of access. Where a perimeter
landscaped space is required, a landscaping plan shall be submitted
for review.
A document issued by the Township certifying a building's
compliance with applicable building codes, ordinances, conditions
of approval and other laws and indicating it to be in a condition
suitable for occupancy.
See "Master Plan."
The County of Gloucester, State of New Jersey.
The Planning Board of the County of Gloucester.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
Of or pertinent to Harrison Township, Gloucester County,
New Jersey.
Any security, including cash, which may be accepted by a
municipality for the maintenance of any improvements required by this
chapter or as a condition of approval.
A residential development which includes more than three
residential lots.
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to Section 19 of the Municipal Land Use Law.[1]
See "subdivision, minor."
The Township of Harrison, County of Gloucester, State of
New Jersey.
A map adopted by ordinance pursuant to Article 5 of the Municipal
Land Use Law.[2]
Any person or entity having proprietary interest in the land
for which subdivision is sought.
Any security, which may be accepted by the municipality,
including cash, provided that the municipality shall not require more
than 10% of the total performance guarantee in cash.
Any individual or any legal entity.
A plan showing all improvements such as storm drainage, sanitary
storage, water systems, streets, curbs, sidewalks, lighting, pedestrianways,
landscaping on one or more sheets of common scale.
A map or maps of a subdivision or site plan.
The portion of a street right-of-way, paved or unpaved, intended
for vehicular use.
The Secretary of the Joint Land Use Board, Harrison Township,
Gloucester County, New Jersey.
A lot or lots on which a particular improvement has been
made or is proposed.
The State of New Jersey, or any of its agencies.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter, if no new streets are created: divisions
of land found by the Joint Land Use Board thereof appointed by the
Chairman to be for agricultural purposes where all resulting parcels
are five acres or larger in size; divisions of property by testamentary
or intestate provisions; divisions of property upon court order; and
conveyances so as to combine existing lots by deed or other instrument.
The term "subdivision" shall also include the term "resubdivision."
The Joint Land Use Board may empower the Minor Subdivision
Committee to classify and approve minor subdivisions; such classification
and approval would require the unanimous affirmative vote of the Committee.
A division of land into lots for the purpose, whether immediate
or future, of sale or building development for industrial usage. An
industrial subdivision shall not be classified as a minor subdivision
regardless of the number of lots involved. However, after approval
of an industrial subdivision as a major subdivision, further interior
divisions thereof shall be treated as minor subdivisions regardless
of the number, provided that they shall satisfy the criteria set forth
in the definition of "subdivision, minor."
Any subdivision not classified as a minor subdivision. See generally Chapter 192.
A subdivision of land that does not involve the creation of more than the maximum number of lots specifically permitted by ordinance as a minor subdivision, planned development, any new street, or extension of any off-tract improvement. See generally § 192-63.
A temporary certificate of occupancy (TCO) may be issued,
pursuant to the requirements of N.J.A.C. 5:23-2.23 et seq., at the
discretion of the Construction Code Official. This document issued
by the Construction Code Official certifies a building's compliance
with application building codes and other laws and indicating it to
be in a condition suitable for occupancy and the site improvements
are sufficient to allow use of the facility. The TCO can only be issued
when a development, unit, lot, building, or phase of a development
has been partially completed and outstanding items remain. The issuance
of a TCO indicates that the relating development, unit, lot, building,
or phase of development meet all applicable building codes. If appropriate,
the TCO shall not be issued until a temporary certificate of occupancy
guarantee has been posted in accordance with this article.
See "municipality."
A parcel or portion or other division of land which is proposed
for subdivision, composed of a portion of one lot, or one or more
contiguous lots in the same ownership. Lots separated by easements,
streets or other public rights-of-way shall be considered contiguous
for the purpose of this chapter.
The Harrison Township ordinance regulating and restricting the use of land and buildings and the size, dimension, location, density, etc., as to same. See generally Chapter 225.
A.
Guarantees required; surety; release.
(1)
Before filing of final subdivision plats or recording of minor subdivision
deeds or as a condition of final site plan approval, or as a condition
of the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65,
the Township shall require and accept, in accordance with the standards
as contained herein and for the purpose of assuring the installation
and maintenance of any required certain on-tract or off-tract improvements,
the furnishing of a performance and/or maintenance guarantee(s). No
plans will be signed by the Township Clerk and/or the appropriate
administrative authority until and unless the required performance
guarantee has been approved by the Township's Attorney and Engineer.
Any such performance guarantee required by the Township shall be furnished
in favor of the Township in an amount not to exceed 120% of the costs
of installation of only those improvements required by an approval
or developer's agreement, ordinance, or regulation to be dedicated
to a public entity, and that have not yet been installed, which cost
shall be determined by the Township Engineer according to the method
of calculation set forth in the Municipal Land Use Law, specifically
N.J.S.A. 40:55D-53.4 et seq., for the following improvements as shown
on the approved plans or plat: streets, pavement, gutters, curbs,
sidewalk, street lighting, street trees, surveyor's monuments, as
shown on the final map and as required by the "Map Filing Law" (N.J.S.A.
46:23-9.9 et seq.; repealed by section 2 of P.L. 2011, c. 217) or
N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8, water mains, sanitary
sewers, community septic systems, water drainage structures, public
improvements of open space, and any grading necessitated by the preceding
improvements.
(2)
Harrison Township shall also require a performance guarantee to include,
within an approved phase or section of a development privately owned
perimeter buffer landscaping, as required by local ordinance and/or
imposed as a condition of approval. At the developer's option, a separate
performance guarantee may be posted for the privately owned perimeter
buffer landscaping.
(3)
In the event that the developer shall seek a certificate of occupancy
(including temporary) for a development, unit, lot, building, or phase
of development, as a condition of the issuance thereof, the developer
shall post a separate guarantee, referred to herein as a "temporary
certificate of occupancy guarantee," in favor of the municipality
in an amount equal to 120% of the cost of installation of only those
improvements or items which remain to be completed or installed under
the terms of the temporary certificate of occupancy and which are
required to be installed or completed as a condition precedent to
the issuance of the permanent certificate of occupancy for the development,
unit, lot, building or phase of development and which are not covered
by an existing performance guarantee. It shall include items such
as, but not limited to, sidewalks, landscaping and street trees at
subject property, roadway (including surface course) from the property
to the fully improved roadway, water and sewer infrastructure from
the property to main, stormwater conveyance to serve property, and
stormwater management structures/basins for the current project phase.
When uncompleted community facilities, such as recreation, are to
be included in the temporary certificate of occupancy guarantee, it
shall be required at the point of 50% occupancy. Each of these items
shall apply to both residential and nonresidential development. Upon
posting of a temporary certificate of occupancy guarantee, all sums
remaining under a performance guarantee, required pursuant to this
subsection, which relate to the development, unit, lot, building,
or phase of development for which the temporary certificate of occupancy
is sought, shall be released. The scope and amount of the temporary
certificate of occupancy guarantee shall be determined by the municipal
engineer, or other designated municipal official. The temporary certificate
of occupancy guarantee shall be released by the Township upon completion
of the list of outstanding items.
(4)
Safety and stabilization guarantee.
(a)
A developer shall furnish to the Township a safety and stabilization
guarantee in favor of the Township. At developer's option, a safety
and stabilization guarantee may be furnished either as a separate
guarantee or as a line item of the performance guarantee. A safety
and stabilization guarantee shall be available to the municipality
solely for the purpose of returning property that has been disturbed
to a safe and stable condition or otherwise implementing measures
to protect the public from access to an unsafe or unstable condition,
only in the circumstance that:
[1]
Site disturbance has commenced and, thereafter, all work on
the development has ceased for a period of at least 60 consecutive
days following such commencement for reasons other than force majeure;
and
[2]
Work has not recommenced within 30 days following the provision
of written notice by the municipality to the developer of the municipality's
intent to claim payment under the guarantee. The Township will not
provide notice of its intent to claim payment under a safety and stabilization
guarantee until a period of at least 60 days has elapsed during which
all work on the development has ceased for reasons other than force
majeure. The Township shall provide written notice to a developer
by certified mail or other form of delivery providing evidence of
receipt.
(b)
Safety and stabilization guarantee amounts:
[1]
For a development with bonded improvements in an amount not
exceeding $100,000, shall be $5,000.
[2]
For a development with bonded improvements exceeding $100,000,
shall be calculated as a percentage of the bonded improvement costs
of the development or phase of development as follows: $5,000 for
the first $100,000 of bonded improvement costs, plus 2 1/2% of
bonded improvement costs in excess of $100,000 up to $1,000,000, plus
1% of bonded improvement costs in excess of $1,000,000.
(5)
All performance guarantee(s) shall be provided to the Township with
a minimum 10% cash portion.
B.
Cost estimates of improvements. The Township Engineer shall prepare an itemized cost estimate of the improvements covered by the performance guarantees required in § 34-34A, which itemized cost estimate shall be appended to each performance guarantee posted by the obligor.
C.
Maintenance guarantees.
(1)
The developer shall post with the municipality, simultaneous with the posting of a performance guarantee required pursuant to Subsection A of this section, a maintenance guarantee, in an amount not to exceed 15% of the cost of the installation of the public improvements which are being released.
(2)
If required, the developer shall post with the municipality, upon
the inspection and issuance of final approval of the following private
site improvements by the municipal 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,
which cost shall be determined according to the method of calculation
set forth in N.J.S.A. 40:55D-53.4.
(3)
The term of the maintenance guarantee shall be for a period of two
years and shall automatically expire at the end of the established
term. In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed, or the improvements
are covered by the performance or maintenance guarantee to another
governmental agency, no performance or maintenance guarantee, as the
case may be, shall be required by the municipality or such utilities
or improvements.
(4)
All maintenance guarantee(s) shall be provided to the Township with
a minimum 10% cash portion.
D.
Time for improvements to be completed. All on-tract and/or off-tract
improvements, as required, shall be completed either 18 months after
construction has begun on the development in question, or at such
time as 1/2 of the certificates of occupancy have been issued in said
development, whichever event occurs first. If the development is to
take place in phases or stages, then the same shall apply to each
phase or stage, once construction has begun on the same. In the event
that any or all off-tract and/or on-tract improvements are common
to all phases or stages, and are specific to no single phase or stage,
then all such on-tract and off-tract improvements shall be completed
once 1/2 of the certificates of occupancy have been issued for the
entire development, regardless of the phases or stages begun or completed.
The time allowed for installation of the guarantee improvements for
which the performance guarantee has been provided may be extended
by resolution of the Township Committee. As a condition or as a part
of any such extension, the amount of any performance guarantee shall
be increased or reduced, as the case may be, to an amount not to exceed
120% of the cost of the installation, which cost shall be determined
by the Township Engineer according to the method of calculation set
forth in N.J.S.A. 40:55D-53.4 as of the time of the passage of the
resolution.
E.
Noncompletion. If the required improvements covered by the guarantee are not completed or corrected in accordance with the performance guarantee, or the time required in Subsection D above, the obligor and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected and the Township may either - prior to or after the receipt of the proceeds thereof - complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.).
(1)
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, or an authorized Township representative,
so that either may be present at the time that the work is to be completed.
(2)
Streets should not be paved with a wearing course until all heavy
construction has been completed and shade trees shall not be planted
until all grading and earthmoving is completed, unless authorized
by the Township Engineer. Unless otherwise authorized by the Township
Engineer, the seeding of grass and the placing of surveyor's monuments
shall be among the last operations. Where berming and/or natural screening
is to take place as a buffer due to the development being along either
a Township, county or state road or highway, and said berming or natural
screening is to have trees or other forms of vegetation, such an improvement
shall be among the first to take place in the development and shall
be completed prior to the issuance of the first certificate of occupancy,
and all such trees or other forms of required vegetation shall be
fertilized and sprinklerized in a manner to be approved by the Township's
planner, so as to insure both the survivability of said trees or vegetation
and to insure the rapid growth of the same.
(3)
The Township Engineer shall be notified prior to the commencement
of each of the following phases of work so that he or she, or an authorized
Township representative, may inspect the following work (which list
shall be neither exclusive nor exhaustive):
(a)
Road subgrade.
(b)
Curb and gutter forms.
(c)
Road paving.
(d)
Sidewalk forms.
(e)
Sidewalks.
(f)
Drainage pipes and other drainage construction.
(g)
Street name signs.
(h)
Monuments.
(i)
Fire hydrant.
(j)
Water facilities.
(k)
Sanitary sewers.
(l)
Detention and/or retention basins.
(m)
Topsoil, seeding and planting.
(n)
Underground utilities.
(o)
Recreational and open space amenities.
(p)
Buffering amenities.
F.
Any improvement installed without notice for inspection having been given pursuant to Subsection E(3) above shall constitute just cause for:
(1)
Removal of the uninspected improvement at the developer's expense;
(2)
Payment by the developer of any cost for materials testing and subsequent
inspections;
(3)
Restoration by the developer of any improvements distributed during
any material testing; and/or
(4)
Issuance of a stop-work order by the Township Engineer pending the
resolution of any dispute.
G.
Inspection by the Township of the installation of improvements and
utilities shall not subject the Township to liability, directly or
indirectly, for claims, suits or liability of any kind that may arise
because of defects or negligence during construction, or at any time
thereafter. It shall be the responsibility of the developer, and the
contractors or subcontractors acting under his authority or control,
to maintain safe conditions at all times during construction.
H.
Upon substantial completion of all required street improvements (except
for the top course) and appurtenant utility improvements, and the
connection of the same to the public system, the obligor may request
of the Township Committee in writing, by certified mail, return receipt
requested, and in care of the Township Clerk, that the Township Engineer
prepare, in accordance with the itemized cost estimate prepared by
the Township Engineer and appended to the performance guarantee as
hereinbefore set forth, a list of all uncompleted, or unsatisfactorily
completed, guarantee 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 guarantee improvements have been
completed and which guarantee improvements remain uncompleted in the
judgment of the obligor. Thereupon the Township Engineer shall inspect
all guarantee improvements covered by the obligor's request and shall
file a detailed list and report, in writing, 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.
I.
The list prepared by the Township Engineer shall state, in detail,
with respect to each guarantee improvement determined to be incomplete,
or unsatisfactorily completed, the nature and extent of the incompleteness
of each incomplete improvement, or the nature and extent of, and remedy
for, the unsatisfactory state and nature of each improvement deemed
to have been unsatisfactorily completed. The report prepared by the
Township Engineer shall identify each guarantee improvement determined
to be complete and satisfactory, together with a recommendation as
to the amount of reduction to be made in the performance guarantee
relating to the completed and satisfactory improvement in accordance
with the itemized cost estimate prepared by the Township Engineer
and appended to the performance guarantee as required and set forth
herein.
J.
The Township Committee, by resolution, shall either approve the guarantee
improvements determined to be complete and satisfactory by the Township
Engineer, or reject some or all of these guarantee improvements upon
establishment in the resolution of the reason for such rejection,
and shall approve and authorize the amount of reduction to be made
in the performance guarantee relating to the guarantee improvements
accepted, in accordance with the itemized cost estimate prepared by
the Township Engineer and appended to the performance guarantee as
set forth and required herein. This resolution shall be adopted not
later than 45 days after receipt of the list and report prepared by
the Township Engineer. Upon adoption of the resolution by the Township
Committee, the obligor shall be released from all liability pursuant
to its performance guarantee with respect to the 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 total performance guarantee and safety and
stabilization guarantee posted may be retained to ensure completion
and acceptability of all improvements. The safety and stabilization
guarantee shall be reduced by the same percentage as the performance
guarantee is being reduced at the time of each performance guarantee
reduction.
K.
For the purpose of releasing the obligor from liability pursuant
to its performance guarantee, the amount of the performance guarantee
attributable to each approved guarantee improvement shall be reduced
by the total amount for each such improvement, in accordance with
the itemized costs estimate prepared by the Township Engineer and
appended to the performance guarantee as previously set forth herein,
including any contingency factor applied to the cost of installation.
If the sum of the approved guarantee improvements would exceed 70%
of the total amount of the performance guarantee, then the Township
may retain 30% of the amount of the total performance guarantee and
safety and stabilization guarantee to ensure completion and acceptability
of guarantee improvements, as provided above, except that any amount
of the performance guarantee attributable to guarantee improvements
for which a temporary certificate of occupancy guarantee has been
posted shall be released from the performance guarantee even if such
release would reduce the amount held by the Township below 30%.
L.
If the Township Engineer fails to send or provide the list and report
as requested by the obligor and pursuant to the requirements as herein
set forth, within 45 days of receipt of the request, the obligor may
apply to the court in a summary manner for an order compelling the
Township Engineer to provide the list and report within a stated time
and the cost of applying to the court, including reasonable attorney's
fees, may be awarded to the prevailing party.
M.
If the Township Committee fails to either approve or reject the guarantee
improvements determined by the Township Engineer to be complete and
satisfactory, or reduce the performance guarantee for the complete
and satisfactory improvements within 45 days from the receipt of the
Township Engineer's list and report, the obligor may apply to the
court in a summary manner for an order compelling, within a stated
time, approval of the complete and satisfactory improvements and approval
of a reduction in the performance guarantee for the approvable complete
and satisfactory improvements in accordance with the itemized cost
estimate prepared by the Township Engineer and appended to the performance
guarantee as set forth hereinbefore, and the cost of applying to the
court, including reasonable attorney's fees, may be awarded to the
prevailing party.
N.
In the event that the obligor has made a cash deposit with the Township
or approving authority as part of the performance guarantee, then
any partial reduction granted in the performance guarantee pursuant
to this subsection shall be applied to the cash deposit in the same
proportion as the original cash deposit bears to the full amount of
the performance guarantee, provided that, if the developer has furnished
a safety and stabilization guarantee, the Township may retain cash
equal to the amount of the remaining safety and stabilization guarantee.
O.
If any portion of the required guarantee improvements is rejected,
the approving authority may require the obligor to complete or correct
such improvements and, upon completion or correction, the same procedure
of notification as set forth in this section shall be followed.
P.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest, by legal proceedings, any determination by
the Township Committee or the Township Engineer.
Q.
The obligor shall reimburse the Township for reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements; which fees shall not exceed the sum of the amounts set forth in Subsection Q(1) and (2) below. The Township may require the developer to post the inspection fees in escrow the amount:
R.
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. In any such event, the initial amount deposited in escrow by the developer shall be equal to 50% of the inspection fees. 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. 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 fees. 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 additional deposits of 25% of the inspection fees. If the Township determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection Q of this section, is insufficient to cover the cost of additional required inspections, the Township may 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 or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections. In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-38, the provisions of this section shall be applied by stage or section.
S.
To the extent that any of the improvements are to be dedicated to
the Township on the subdivision plat or site plan, the Township Committee
shall be deemed, upon the release of any performance guarantee required
pursuant to such requirements as have been hereinbefore set forth,
to accept dedication for public use of streets or roads and any other
improvements made thereon according to site plans and subdivision
plats approved by the approving authority, provided that such improvements
have been inspected and have received final approval by the Township
Engineer.
T.
Standardized form for performance guarantee, maintenance guarantee,
and letter of credit. A standardized form, and accompanying regulations,
in accordance with the provisions of N.J.S.A. 40:55D-53a and 40:55D-53b,
N.J.A.C. 5:39-1.1[1] and N.J.A.C. 5:39-1.3, shall be utilized for all performance
guarantees, maintenance guarantees, or letters of credit to be used
pursuant to the terms, conditions and requirements of this section.
[1]
Editor's Note: New Jersey Administrative Code Title 5, Chapter
39, Standardized Forms for Performance Guarantees, was recodified
as N.J.A.C. 5:36-4 by R.2005, d.81, effective February 22, 2005. N.J.A.C.
5:36-4 was subsequently readopted as R.2006, d.236, effective May
26, 2006.
