[2000 Code § 30-45.1; Ord. No.
2777 § 2]
a.
Informal Review with Technical Personnel. Before filing a formal
application in accordance with the procedure set forth in this article,
applicants are encouraged to meet with the City's technical personnel
including the City Planner, Zoning Enforcement Officer, Construction
Official, Fire, Police, and Public Works Departments.
b.
Informal Review with Planning Board. At the request of a developer,
the Planning Board may grant an informal review of a concept plan
for development for which a developer intends to prepare an application
for development. The developer shall not be bound by any concept plan
for which review is requested, and the Planning Board shall not be
bound by any such review.
c.
Complete Application. An application for development together with the required fees and exhibits required in Article V, shall be submitted to the Development Coordinator. The Development Coordinator shall: (1) review the application to determine its completeness; (2) determine the type of development action required; and (3) forward the application to the proper board or agency for subsequent action. An application shall be certified as complete when all requirements of the Boards have been met. It shall be deemed complete as of the day it is so certified by the Development Coordinator for the purposes of the commencement of the time period for action by the Boards. If found to be incomplete, the applicant shall be notified, in writing, within forty-five (45) days of the submission of an application with information as to what is lacking.
Editor's Note: See also § 30-45.4, Completeness Checklists.
d.
Subdivision and Site Plan Approval Required; Exemptions; Waivers.
1.
Subdivision and Site Plan review and approval shall be required as
described below:
(b)
The following development shall be exempt from Site Plan review:
(i)
Single family or two family detached dwellings and structures
and uses accessory thereto.
(ii)
Repairs to the interior of a building which do
not result in a change in the number of dwelling units on site.
(iii)
The construction of any building or other structure
of less than five hundred (500) square feet which does not create
or exacerbate a nonconformity.
(iv)
Construction or alterations of parking areas containing less than five (5) parking spaces which must be approved by the City Planner and City Engineer pursuant to § 30-59.2
(v)
Improvements to existing parking areas where the area of existing
paving and location and size of existing driveways are not affected.
(vi)
Changes of use where no additional nonconformities
are created and/or existing nonconformities are exacerbated.
e.
Waiver of submission requirements. An applicant may request that
one or more of the submission requirements which would otherwise be
required for the application to be considered complete be waived.
Such a request shall be granted or denied within forty-five (45) days
by the Development Review Committee, or in its absence, the Board
of Jurisdiction. Nothing herein shall be construed as diminishing
an applicant's obligation to prove during the application process
that he or she is entitled to approval of the application.
[2000 Code § 30-45.2]
a.
No construction, enlargement, alteration or demolition requiring
a permit under the Uniform Construction Code (N.J.A.C. 5:23 et seq.)
shall take place; nor shall any permanent structure, inclusive of
fencing or signage, be erected; or a public sidewalk or curb constructed
or reconstructed; except by issuance of a Zoning Permit by the Zoning
Enforcement Officer and payment of a permit fee of ten ($10.00) dollars.
No such construction, enlargement, alteration, demolition or erection
based on the issuance of a construction permit shall be deemed to
be in compliance with this chapter unless a Zoning Permit authorizing
such work has also been issued by the Zoning Officer.
b.
Any Zoning Permit issued by the Zoning Officer for any proposed construction,
enlargement, alteration, demolition or erection shall only become
valid upon the issuance of the required construction permit by the
Building Subcode Official. Any such work that is undertaken based
solely upon a Zoning Permit and without the required construction
permit shall be considered a violation of this section and will result
in the automatic issuance of a summons without further notice of violation
beyond the information on the Zoning Permit Application.
c.
A Zoning Permit shall expire after a period of three (3) months unless
a construction permit authorizing the same work has also been issued
within the same three (3) month period.
[2000 Code § 30-45.3; amended 12-27-2018 by Ord. No. 2018-39]
a.
When application is made for resolution compliance that requires
the issuance of permits under the Uniform Construction Code (N.J.A.C.
5:23 et seq.) for the construction of a new building or an addition
to the ground level footprint of an existing building, an application
for resolution compliance shall also be made upon payment of a fee
of $20, which shall cover the cost of a final inspection by the Zoning
Officer. The Zoning Officer shall inspect for the satisfactory completion
of landscaping, driveway pavement, sidewalk and curb repair/replacement
and street tree plantings, as well as for compliance with the resolution
of the Planning or Zoning Board. A copy of the approved compliance
shall be transmitted to the Construction Official by the Director
of Planning and Redevelopment or their designee.
b.
No land or new construction shall be occupied or used in whole or
in part for any purpose whatsoever until a resolution compliance and/or
zoning permit shall have been issued by the Zoning Enforcement Officer
stating that the use of the land or building complies with the provisions
of this chapter.
c.
No certificate of resolution compliance for any land or structure
shall be granted until all required improvements or conditions of
approval have been met, installed or completed. A temporary certificate
of resolution compliance may be issued but only for a specific period,
upon such conditions as the Development Coordinator may impose, such
as bonding, to ensure the completion or installation of any such improvements
unfinished because of weather or unforeseen delay. The installation
of any required public or private improvements may also be delayed
if the Board Engineer warrants in writing to the Development Coordinator
that the delay is in the best interest of the City.
[2000 Code § 30-45.4; Ord. No.
2684; Ord. No. 2015-52]
a.
Pursuant to N.J.S.A., 40:55D-10.3, the City of Asbury Park hereby
adopts the Completeness Checklists and application forms for use by
the City's Planning Board, Zoning Board of Adjustment, Technical Review
Committee (TRC) and Redevelopment Agency. (The Completeness Checklists
and applications may be found at the end of this chapter.)
b.
Applications for development within the jurisdiction of the Planning
Board, Zoning Board of Adjustment, Technical Review Committee (TRC)
and Redevelopment Agency shall not be acted upon unless and until
the application is determined to be complete in every respect, pursuant
to N.J.S.A. 40:55D-10.3, including but not limited to the provision
of all necessary information, supporting data, papers, certificates,
plans and fees and all other items set forth on the Asbury Park Development
Application Completeness Checklists as adopted by this section.
c.
Any applicant for development shall be given a copy of the aforesaid
Completeness Checklists upon request for a development application,
and that any applicant may seek waiver of any of the aforesaid provisions
in accordance with N.J.S.A. 40:55D-10.3.
[2000 Code § 30-46.1]
The applicant or his/her agent shall appear at all regular meetings
of the Planning Board whenever the application is being considered.
Failure to appear shall give the Planning Board the right to postpone
action on the application if the applicant or the agent's absence
deprives the Planning Board of the information necessary to make a
decision.
[2000 Code § 30-46.2]
a.
Preliminary Approval. If the application is found to be a major development, the Planning Board shall schedule a public hearing and the applicant shall be responsible for providing notice as set forth in § 30-29.2.
At the public hearing, the applicant shall submit to the Board a copy of the published notice and affidavit of publication as required under Subsection a of § 30-29.2, affidavit of notice of public hearing to persons served; affidavit of ownership or authorization of owner to submit application; map showing all properties within two hundred (200) feet as required in Subsection g of § 30-29.2; a letter from the Tax Collector that all taxes and easements for local improvements have been paid to date on the property.
At a public hearing, the Planning Board shall consider the application
as submitted, the recommendations and comments of all agencies to
which the application was referred and those of the public, and shall
take action within forty-five (45) days of the submission of a complete
application or within such further extension agreed to by the applicant.
If the application involves more than ten (10) acres or more than
ten (10) dwelling units, the Planning Board shall take action within
ninety-five (95) days of the submission of a complete application
or within such further extension agreed to by the applicant. The Planning
Board shall reject the Application for Development or grant preliminary
approval. Preliminary approval shall confer upon the applicant those
rights set forth in N.J.S.A. 40:55D-49.
b.
Final Approval. Within three (3) years from the date of preliminary approval or within such extension as allowed by N.J.S.A. 40:55D-49, the applicant may apply for final approval in the manner set forth in § 30-45.1.
The final plan shall incorporate all changes or modifications
required by the Planning Board. The applicant shall submit an affidavit
indicating no changes were required or specify the changes that have
been made and the reasons for the changes.
In addition to the exhibits required in Article V and any other exhibits which may have been required as a condition of preliminary approval, the following materials shall accompany the application for final approval:
1.
A letter from the City Engineer indicating:
(a)
That the engineer is in receipt of a map showing all utilities
in exact location and elevation identifying those portions already
installed and those to be installed.
(b)
That the applicant has either completed the installation of
all improvements in accordance with the requirements of this article
or posted with the City Clerk a performance guarantee in an amount
sufficient to cover the cost of all improvements or uncompleted portions
thereof, as estimated by the City Engineer, and assuring the installation
of such improvements on or before an agreed date.
(c)
All items and amounts required for the corporate surety maintenance
guarantee.
2.
A letter from the Development Coordinator indicating that the plan
conforms to the preliminary plan as submitted and approved.
3.
A letter from the Tax Collector that all taxes and assessments for
local improvements have been paid to date on the property.
4.
A letter from the City Clerk indicating:
(a)
That the amount, form and content of the performance and maintenance
guarantees have been accepted by the Governing Body.
(b)
Where appropriate, that monies as required by this chapter have
been paid the City as reimbursal for construction inspection costs
incurred since preliminary approval.
The Planning Board shall act within forty-five (45) days of
submission of a completed application or within such further time
as may be mutually agreed upon. Failure of the Planning Board to act
within the allocated time or a mutually agreed upon extension shall
be deemed to be favorable approval and the Development Coordinator
shall issue a certificate to that effect.
If the Application for Development is a subdivision, the plan
granted final approval shall be filed by the applicant with the County
Recording Officer within ninety-five (95) days from the date of such
approval. If any final plan is not filed within that period, the approval
shall expire. For good cause, the Planning Board may extend the time
of the filing of the plan for an additional period not to exceed ninety-five
(95) days.
The granting of final approval shall confer upon the applicant
those rights set forth in N.J.S.A. 40:55D-50 and shall terminate the
time period of preliminary approval for that part of the development
for which final approval has been granted.
[2000 Code § 30-46.3]
Combined preliminary and final approval may be granted providing
all submission requirements for both approvals are met. The time limit
within which the Board shall act shall be the longest permitted for
either of the two (2) approvals.
[2000 Code § 30-46.4]
If the application is found to be a minor development, the Planning
Board shall reject, approve, or conditionally approve the application
within forty-five (45) days of the submission of a complete application.
The approval of the Planning Board on a minor subdivision shall be
considered a final approval.
All submission requirements and procedures required for a major
development shall be required for a minor development except that
public notice of the hearing need not be issued.
[2000 Code § 30-46.5]
All uses designated in Article VI of this chapter as conditional uses will be permitted only after review and approval by the Planning Board. Application must be made in accordance with the provisions of this article. The Planning Board will consider all specifications for the conditional use as set forth in Subsection 30-76.3 of this Code.
The Planning Board must grant or deny an Application for Conditional
Use Permit within ninety-five (95) days of submission of a complete
application by a developer to the Development Coordinator, or within
such further time as may be consented to by the applicant.
The review by the Planning Board of a conditional use application shall include any required site plan review pursuant to § 30-46 and shall be filed as a joint application with fees as specified in § 30-24. The time period for action by the Planning Board on conditional uses pursuant to this section shall apply to such site plan review. Failure of the Planning Board to act within the period prescribed shall constitute approval of the application and a Zoning Permit shall issue on request of the applicant.
[2000 Code § 30-47.1; amended 12-27-2018 by Ord. No. 2018-39]
a.
If the Development Coordinator determines that the application requires action by the Board of Adjustment, it shall be forwarded to the Board of Adjustment Secretary and the applicant shall be responsible for providing notice as set forth in § 30-29.2. The Development Coordinator shall refer the application to those agencies required to review the application and any other agency which may assist them in its deliberations.
[Amended 12-27-2018 by Ord. No. 2018-39]
b.
The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the Zone Plan and Zoning Regulations. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in § 30-22.3 for the approval in question, and the special vote pursuant to Subsection d of § 30-22.3 shall not be required.
c.
Whenever an Application for Development requests relief pursuant to Subsection b of this section, the Board of Adjustment shall grant or deny approval of the application within one hundred twenty (120) days after submission by a developer of a complete application to the Administrative Officer or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period of granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application and a certificate of the Administrative Officer as to the failure of the Board of Adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.
Whenever review or approval of the application by the County
Planning Board is required by N.J.S.A. 40:27-6.3, in the case of a
subdivision, or N.J.S.A. 40:27-6.6, in the case of a site plan, the
Board of Adjustment shall condition any approval that it grants upon
timely receipt of a favorable report on the application by the County
Planning Board or approval by the County Planning Board by its failure
to report thereon within the required time.
An application under this section may be referred to any appropriate
person or agency, for its report; provided that such reference shall
not extend the period of time within which the Zoning Board of Adjustment
shall act.
[2000 Code § 30-47.2]
When an Application for Zoning Permit is submitted to the Development
Coordinator which does not conform to the requirements of this chapter
and which does not require a site plan approval, the applicant must
be informed in writing of the denial of the permit prior to any application
to the Zoning Board of Adjustment involving an interpretation or appeal
of that denial, or a variance from the sections of this chapter with
which the Application for Zoning Permit does not conform.
Applications to the Zoning Board of Adjustment will be submitted to the Development Coordinator as provided in § 30-45.1. Whenever an Application for Development includes a variance, the Planning Board or Zoning Board of Adjustment shall take action within one hundred twenty (120) days from the submission of a complete application.
[2000 Code § 30-47.3]
Applications to the Zoning Board of Adjustment for Temporary Use Approvals shall be submitted to the Development Coordinator with any necessary supporting information required by the Development Coordinator. The application will be administered by the Development Coordinator as provided in § 30-45.1.
[2000 Code § 30-48.1]
Applicants for development may request an exception from the provisions of this chapter from the Planning Board except for those procedures or requirements set forth in Article VI, Zoning, any procedures or requirements set forth in the Municipal Land Use Law, and exceptions to the requirements for signs, fences or parking not part of any application for site plan or subdivision approval.
The applicant shall indicate on the formal application the nature and reasons for the exception. The request for the exception shall also be indicated on any public notice required under this chapter. Applications for exceptions for parking, signs or fences for one- or two-family residential uses shall be considered special questions and may be considered by the Zoning Board of Adjustment without the requirements for public notice. Applications for exceptions for parking, signs or fences for nonresidential uses which do not involve a "development," as defined in § 30-15, shall also be considered special questions and may be considered by the Zoning Board of Adjustment without the requirement for public notice.
[2000 Code § 30-49.1; amended 12-27-2018 by Ord. No. 2018-39]
As per P.L. 2017 Chapter 312, Senate, Number 3233 which amends
Section 41 of P.L. 1975, c. 291 (C. 40:55D-53) the City hereby adopts
the following regulations.
a.
Guarantees required; surety; release. 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 to the issuance of a zoning permit pursuant to subsection d. of section 52 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-65), the municipality may require and shall accept in accordance with the standards adopted by ordinance and regulations adopted pursuant to Section 1 of P.L. 1999, c. 68 (N.J.S.A. 40:55D- 53a) for the purpose of assuring the installation and maintenance of certain on-tract improvements, the furnishing of a performance guarantee, and provision for a maintenance guarantee in accordance with Subsection a1 and 2 of this section. If a municipality has adopted an ordinance requiring a successor developer to furnish a replacement performance guarantee, as a condition to the approval of a permit update under the State Uniform Construction Code, for the purpose of updating the name and address of the owner of property on a construction permit, the governing body may require and shall accept in accordance with the standards adopted by ordinance and regulations adopted pursuant to Section 1 of P.L. 1999, c. 68 (N.J.S.A. 40:55D-53a) for the purpose of assuring the installation and maintenance of certain on-tract improvements, the furnishing of a performance guarantee, and provision for a maintenance guarantee, in accordance with Subsection a1 and 2 of this section.
1.
Performance guarantee.
(a)
As required this section, the developer shall furnish a performance
guarantee in favor of the municipality in an amount not to exceed
120% of the cost 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 Board Engineer, as defined by
this chapter, according to the method of calculation set forth in
Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4), for the following
improvements as shown on the approved plans or plat: streets, pavement,
gutters, curbs, sidewalks, street lighting, street trees, surveyor's
monuments, as shown on the final map and required by "the map filing
law," P.L. 1960, c.141 (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 8, water mains,
sanitary sewers, community septic systems, drainage structures, public
improvements of open space, and any grading necessitated by the preceding
improvements. The Board Engineer, as defined by this chapter, shall
prepare an itemized cost estimate of the improvements covered by the
performance guarantee, which itemized cost estimate shall be appended
to each performance guarantee posted by the obligor.
(b)
A municipality may 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 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.
(c)
In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall, if required by an ordinance adopted by the municipality, furnish 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. Upon posting of a "temporary certificate of occupancy guarantee," all sums remaining under a performance guarantee, required pursuant to Subsection a1(a) of this section, 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 Zoning Officer, City Engineer, as defined by this chapter, or other municipal official designated by ordinance. At no time may a municipality hold more than one guarantee or bond of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the zoning officer, Board Engineer, as defined by this chapter, or other municipal official designated by ordinance upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.
(d)
A developer shall furnish to the municipality a "safety and
stabilization guarantee," in favor of the municipality. At the 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. A municipality shall
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. A municipality shall provide written notice to
a developer by certified mail or other form of delivery providing
evidence of receipt.
(e)
The amount of a safety and stabilization guarantee for a development
with bonded improvements in an amount not exceeding $100,000 shall
be $5,000. The amount of a safety and stabilization guarantee 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:
(f)
A municipality shall release a separate safety and stabilization
guarantee to a developer upon the developer's furnishing of a performance
guarantee which includes a line item for safety and stabilization
in the amount required under this subsection.
(g)
A municipality shall release a safety and stabilization guarantee
upon the Board Engineer's, as defined by this chapter, determination
that the development of the project site has reached a point that
the improvements installed are adequate to avoid any potential threat
to public safety.
2.
Maintenance guarantee.
(a)
As required by this section, the developer shall post with the municipality, prior to the release of a performance guarantee required pursuant to Subsection a1(a) or (b), or Subsection a1(a) and (b), of this section, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.
(b)
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, in-flow 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 Section 15 of P.L. 1991, c. 256 (N.J.S.A.
40:55D-53.4).
(c)
The term of the maintenance guarantee shall be for a period
not to exceed two years and shall automatically expire at the end
of the established term.
3.
In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed or the improvements
are covered by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the municipality for such utilities or improvements.
b.
The time allowed for installation of the bonded improvements for
which the performance guarantee has been provided may be extended
by the governing body by resolution. As a condition or as part of
any such extension, the amount of any performance 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 municipal engineer according to the method of calculation set
forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4) as
of the time of the passage of the resolution.
c.
If the required bonded improvements are not completed or corrected
in accordance with the performance guarantee, the obligor and surety,
if any, shall be liable thereon to the municipality for the reasonable
cost of the improvements not completed or corrected and the municipality
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," P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.).
d.
List of improvements.
1.
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 governing body in writing, by certified mail addressed in care of the municipal clerk, that the municipal engineer prepare, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to Subsection a of this section, a list of all uncompleted or unsatisfactory completed bonded improvements. If such a request is made, the obligor shall send a copy of the request to the municipal engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon the municipal engineer shall inspect all bonded improvements covered by obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
2.
The list prepared by the municipal engineer shall state, in detail, with respect to each bonded 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 bonded improvement determined to be unsatisfactory. The report prepared by the municipal engineer shall identify each bonded 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 bonded improvement, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to subsection a. of this section.
e.
Approval.
1.
The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the municipal engineer, or reject any or all of these bonded 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 guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to Subsection a of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the municipal engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee with respect to those approved bonded 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. For the purpose of releasing the obligor from liability pursuant to its performance guarantee the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to Subsection a of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the municipality may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded 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 municipality below 30%.
2.
If the municipal engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection d of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the municipal 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. If the governing body fails to approve or reject the bonded improvements determined by the municipal 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 municipal 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 municipal engineer and appended to the performance guarantee pursuant to Subsection a of this section; and the cost of applying to the court, including reasonable attorneys fees, may be awarded to the prevailing party.
3.
In the event that the obligor has made a cash deposit with the municipality
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 municipality may retain
cash equal to the amount of the remaining safety and stabilization
guarantee.
f.
If any portion of the required bonded 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.
g.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
governing body or the municipal engineer.
h.
Reimbursement for fees.
1.
The obligor shall reimburse the municipality for reasonable inspection fees paid to the municipal engineer for the foregoing inspection of improvements; which fees shall not exceed the sum of the amounts set forth in Subsection h1(a) and (b) of this section. The municipality may require the developer to post the inspection fees in escrow in an amount:
2.
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 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 municipal engineer
for inspections, the developer shall deposit the remaining 50% of
the inspection fees.
3.
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 municipal engineer
for inspection, the developer shall make additional deposits of 25%
of the inspection fees.
4.
If the municipality determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection h1(a) and (b) of this section, is insufficient to cover the cost of additional required inspections, the municipality may require the developer to deposit additional funds in escrow provided that the municipality delivers to the developer a written inspection escrow deposit request, signed by the municipal 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.
i.
In the event that final approval is by stages or sections of development pursuant to Subsection a of Section 29 of P.L. 1975, c.291 (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.
j.
To the extent that any of the improvements have been dedicated to the municipality on the subdivision plat or site plan, the municipal governing body shall be deemed, upon the release of any performance guarantee required pursuant to Subsection a of this section, 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 municipal engineer.
[2000 Code § 30-49.2]
At least ten (10%) percent of the performance guarantee shall
be in cash deposited with the City. Such cash shall be deposited to
the credit of the City and may be usable at any time in the event
of the nonperformance of the applicant. Any interest earned by the
City on the cash deposit shall inure to the benefit of the applicant.
The remaining portion of the performance guarantee shall be issued
by a bonding or surety company authorized to do business in the State
of New Jersey.
[2000 Code § 30-49.3]
Performance guarantees shall run for a term not to exceed thirty-six
(36) months. Performance guarantees with the consent of the principal
and surety, if there be a surety, may be extended by the City Council
by resolution for additional periods, provided that no one (1) extension
period shall exceed eighteen (18) months.
[2000 Code § 30-49.4]
If the required improvements are not completed or corrected in accordance with the standards and specifications of the City within the time limit or extension thereof as described in § 30-49.3 above and in the requirements of the performance guarantees, the obligor and surety shall then be liable to the City for all reasonable costs of the improvements completed or corrected. Prior or after receipt of the proceeds, the City shall install such improvements and/or may use such portions of the performance guarantees as have been deposited in cash with the City Clerk to assure the completion of the improvements in accordance with the terms of this article and any applicable agreement.
[2000 Code § 30-49.5]
a.
Before accepting a performance bond, the City Council shall have
the following:
1.
A letter from the City Engineer stating that the proposed bond covers
all items required by the Planning Board with a list of the items
and costs. The letter should also state that the plans and specifications
meet all applicable City ordinances.
2.
A letter from the City Attorney approving the performance guarantee
as to form and amount.
b.
After approval and acceptance of the performance guarantee by the
City Council, a letter stating that fact shall be sent to the Planning
Board before the Planning Board shall sign the final plats for filing
with the County or before a Zoning Permit may be issued for a development.
[2000 Code § 30-49.6]
The procedures established in N.J.S.A. 40:55D-53 shall govern
release of performance bonds. Before the City Council releases any
guarantees, or portions thereof, the following items shall be submitted
to the City Council.
a.
As-built plans and profiles of all utilities and roads with a certification
by the applicant's engineer as to the actual location and construction.
b.
A statement or affidavit from the developer that there are no liens
or other legal encumbrances on any of the improvements or utilities
proposed to be deeded to the City.
c.
A statement from the City Engineer that all utilities and improvements
required by the Planning Board have been installed and completed in
accordance with applicable City ordinances.
e.
Deeds, free and clear of all encumbrances, for all streets, public
easements, drainage and conservation easements, other lands dedicated
to public use, and any improvements to be dedicated or deeded to the
City or other public agency.
f.
The obligor shall reimburse the Municipality for all reasonable inspection
fees paid to the City Engineer for the foregoing inspection of improvements;
provided that the Municipality may require of the developer a deposit
for all or a portion of the reasonably anticipated fees to be paid
to the City Engineer for such inspection.
g.
In the event that final approval is by stages or sections of development,
the provisions of this section shall be applied by stage or section.
[2000 Code § 30-50.1; amended 12-27-2018 by Ord. No. 2018-39]
a.
As required by this Ordinance amending the City Code, the developer
shall post with the municipality, prior to the release of a performance
guarantee required pursuant to subparagraph (a), subparagraph (b),
or both subparagraph (a) and subparagraph (b) of paragraph (1) of
this subsection,[1] a maintenance guarantee in an amount not to exceed 15%
of the cost of the installation of the improvements which are being
released.
[1]
Editor’s Note: So in original.
b.
As 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,
in-flow and water quality structures within the basins, and the out-flow
pipes and structures of the stormwater management system, if any,
which cost shall be determined according to the method of calculation
set forth in section 15 of P.L.1991, c.256 (C.40:55D-53.4).
c.
The term of the maintenance guarantee shall be for a period not to
exceed two years and shall automatically expire at the end of the
established term.
[2000 Code § 30-51.1]
The City Council shall not accept any road or other improvements
into the municipal road system or for municipal ownership until the
maintenance bond has been posted and all deficiencies are corrected
or repaired. The City may, however, undertake to remove snow and perform
other municipal services as may be required on the roads prior to
final acceptance, if the applicant presents a written request to the
City Council and agrees in the request to hold the City harmless for
any damages to the roads or public improvements caused by snow removal
or other Municipal activities.
The City Council need not accept any roads or other improvements
if the road or other improvements will be used by the developer to
complete other portions of the development.
