[Ord. 12/5/60 § 1; Ord. 12/20/82 § 1; Ord. #08-14]
Pursuant to the statutes in such case made and provided, known
as the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), there is
hereby created the Planning Board of the Town of Guttenberg consisting
of nine members.
[Ord. 12/5/60 § 2; Ord. 12/20/82 § 2]
The members of the Planning Board shall be appointed by the
Mayor and hold their respective offices in accordance with the terms
and provisions of N.J.S.A. 40:55D-1 et seq.
[Ord. 12/5/60 § 3; Ord. 12/20/82 § 3]
The Planning Board shall, subject to the terms of the Municipal
Land Use Law as amended or supplemented and pursuant to appropriate
ordinances enacted by the Town, pursue the purposes and objects of
studying, guiding and planning the coordinated, adjusted and harmonious
development of the Town, to promote, in accordance with the present
and future needs of the community and in accordance with its resources,
the efficient planning and use of the land and resources of the Town,
to prevent the incidence of slums and blight in the community, to
foster the efficient development of the community and to promote the
economic welfare and living standards and health of the people and
the prosperity, safety, order, conveniences, education, and general
welfare of the inhabitants of the Town, both in the present and for
the future, as provided by law.
[Ord. 4/18/90; Ord. #007/02]
There shall be four alternate members of the Planning Board.
The alternate members of the Planning Board shall be appointed and
shall serve in accordance with the provisions of N.J.S.A. 40:55D-23.1.
[1]
Editor's Note: Former § 26-2 previously codified
herein and containing sections of Ord. #3/87 was replaced by Ord.
No. 017-1995 which combined the duties of the Planning Board and the
Zoning Board of Adjustment.
[Ord. No. 017-1995, Preamble]
The Town of Guttenberg has created a Planning Board in accordance
with the statutory dictates of N.J.S.A. 40:55D-23 et seq. and created
a Board of Adjustment pursuant to the dictates of N.J.S.A. 40:55D-69
et seq.; and the New Jersey Legislative Branch has amended the Municipal
Land Use Law, known as N.J.S.A. 40:55D-1 et seq., so as to allow municipalities
with populations less than 10,000 residents, the option of creating
a Planning Board and vesting the same powers of the Board of Adjustment
in the Planning Board.
The amendment is delineated in N.J.S.A. 40:55D-25c, which states
in part that a municipality having a population of 10,000 or less,
may create a nine member Planning Board with two alternates, which
shall exercise to the same extent and subject to the same restrictions,
all of the powers of a Board of Adjustment; but the Class I and III
members (Mayor and Council person) shall not participate in the consideration
of applications for development which involve relief pursuant to Subsection
d of N.J.S.A. 40:55D-70.
The intent and purpose of the amendment is to allow for the
selection of members to a Board willing to comply with the requirements
imposed upon Board members in complying with the ethics disclosure
statement and requiring compliance with all of the dictates of the
Statutes anent the position of municipal Board member.
The legislative branch of the State took into consideration
the difficulties of filling all of regular and alternate positions
on the voluntary Zoning and Planning Boards and the potential negative
effect this hardship had on the municipalities and applicants who
sought relief from the appropriate board.
The further intent of the legislative branch of the State was
to lessen the costs of operating two separate and diverse Boards and
such financial outlay was considered severe and a hardship on local
municipalities and their respective governing bodies.
The Planning and Zoning Boards of the Town of Guttenberg have
had a limited number of applications filed and heard in the last year,
and further, the financial expenditures for each respective Board
were still tendered for that period of time pursuant to the various
expenses of the Boards and the financial savings attendant to the
adoption and creation of a single Board is self evident and beneficial
to Guttenberg, this financial consideration being a major factor and
determinative of the intent of the legislative branch.
[Ord. No. 017-1995 § 1]
Effective upon adoption of this section, the Planning Board
shall be empowered with all of the powers and responsibilities as
delineated in N.J.S.A. 40:55D-25c and the Planning Board shall be
the sole Board for the hearing of all development applications filed
pursuant to the dictates of the Municipal Land Use Law, also known
as N.J.S.A. 40:55D-1 et seq.
[Ord. #008-10, § 1]
The purpose of this section is to provide for the establishment
of a fee schedule for the payment of fees with respect to all applications
submitted to the Town of Guttenberg pursuant to the Town's zoning
and land use regulations.
[Ord. #008-10, § I]
a.
Administration of Fees and Escrow Deposits.
1.
Application fees covering administration and overhead shall be charged
to the applicant and shall be submitted at the time of an application
for a review or hearing by the Joint Planning/Zoning Board.
2.
In addition to the fees to be paid herein, the applicant shall submit
escrow deposits at the time of submission of an application for a
review or hearing by the Joint Planning/Zoning Board.
3.
All application fees and escrow funds shall be paid in cash, certified
check, attorney's check, or money order made payable to the Town
of Guttenberg. Application fees and escrow funds shall be paid to
the Town with separate certified checks or money orders. Along with
the application fees and escrow funds, the applicant shall submit
a letter breaking out the totals into its component parts, pursuant
to Subsections 4 and 5 below.
4.
Where an application involves more than one of the categories itemized
below, the fees and/or escrow deposit applicable to each category
shall be required.
5.
The escrow funds shall be deposited into a separate trust account
by the Town, pursuant to N.J.S.A. 40:55D-53.1, and if the deposit
amount required is greater than $5,000, interest will accrue to the
applicant. Disbursements may be made from the escrow fund only after
approval by the Town of Guttenberg's Chief Financial Officer.
6.
Escrow funds shall be placed in an escrow account by the Chief Financial
Officer. Such funds shall be used to pay the Board's Attorney,
Professional Engineer, Professional Planner, Traffic Engineer, and
other experts deemed necessary to review and comment on the application.
Said experts shall submit vouchers to the Town for all reasonable
and necessary fees for review of the application, which fees shall
be paid from the escrow account in a manner prescribed in N.J.S.A.
40:55D-53.2.e and N.J.S.A. 40A:5-16 through 40A:5-18.
7.
Where the review costs exceed the escrow deposit fee, the applicant
shall pay the additional amount within 15 days of the request. Failure
to remit the additional required deposit within the requested timeline
shall render the application incomplete, and no further action or
proceedings shall be taken by the Joint Planning/Zoning Board until
after compliance. Where the review costs are less than the amount
of the escrow deposit, the difference shall be returned to the applicant
within 120 days of final disposition of the application.
8.
In the event that an application is withdrawn, application fees are
nonrefundable, but any escrow funds remaining at the time of withdrawal
shall be returned to the applicant. If the same application is resubmitted
at a later time, the applicant shall be required to repay all application
fees and establish a new escrow account.
9.
An application is deemed incomplete until all application fees and
escrow deposits are submitted.
[Ord. #008-10, § 1]
a.
Site Plan or Subdivision.
1.
Application Fees.
(a)
Minor site plan: $500.
(b)
Preliminary residential site plan: $500, plus $50 per dwelling
unit.
(c)
Preliminary site plan under 5,000 square feet: $500.
(d)
Preliminary site plan between 5,000 and 9,999 feet: $1,000,
plus $50 for every 1,000 square feet.
(e)
Preliminary site plan between 10,000 and 25,000 square feet:
$1,500, plus $50 for every 1,000 square feet.
(f)
Preliminary site plan over 25,000 square feet: $2,000, plus
$50 for every 1,000 square feet.
(g)
Final site plan: 50% of preliminary site plan fee.
(h)
Amendment or extension of preliminary or final site plan: $500.
(i)
Minor subdivision: $500, plus $100 per lot.
(j)
Preliminary major subdivision: $500, plus $100 per lot.
(k)
Final major subdivision: $500, plus $50 per lot.
(l)
Amendment or extension of preliminary or final subdivision:
$500.
2.
Escrow Deposits.
(a)
Minor site plan: $1,000.
(b)
Preliminary residential site plan: $1,000, plus $100 per dwelling
unit.
(c)
Preliminary site plan under 5,000 square feet: $1,000.
(d)
Preliminary site plan between 5,000 and 9,999 square feet: $4,000.
(e)
Preliminary site plan between 10,000 and 25,000 square feet:
$4,000.
(f)
Preliminary site plan over 25,000 square feet: $5,000.
(g)
Final site plan: 50% of preliminary site plan fee.
(h)
Amendment or extension of preliminary or final site plan: $1,000.
(i)
Minor subdivision: $1,000.
(j)
Preliminary major subdivision: $2,500.
(k)
Final major subdivision: $1,000.
(l)
Amendment or extension of preliminary or final subdivision:
$1,000.
b.
Appeals, Interpretations and Variances.
1.
Application Fees.
(a)
Hear and decide appeals, pursuant to N.J.S.A. 40:55D-70a: $300.
(b)
Hear and decide interpretation of the Zoning Map or Ordinance,
pursuant to N.J.S.A. 40:55D-70b: $300.
(c)
Variance pursuant to N.J.S.A. 40:55D-70c: $300 for the first
variance, $150 for each additional variance.
(d)
Variance pursuant to N.J.S.A. 40:55D-70d: $500 for the first
variance, $250 for each additional variance.
2.
Escrow Deposits.
(a)
Hear and decide appeals, pursuant to N.J.S.A. 40:55D-70a: $500.
(b)
Hear and decide interpretation of the Zoning Map or Ordinance,
pursuant to N.J.S.A. 40:55D-70b: $500.
(c)
Variance pursuant to N.J.S.A. 40:55D-70c: $1,000 if not part
of site plan or subdivision.
(d)
Variance pursuant to N.J.S.A. 40:55D-70d: $1,000 if not part
of site plan or subdivision.
d.
Inspection Fees. Inspection fees for drainage, paving, landscaping,
curbing and other improvements which relate to matters involving public
facilities: The greater of $100 or 10% of the cost of the improvements.
[Added 3-25-2019 by Ord. No. 05-19]
With respect to all applications for subdivision and site plan
approval, the Town of Guttenberg Joint Zoning and Planning Board shall
condition any such approval upon the execution of a developer's
agreement between the Town of Guttenberg Joint Zoning and Planning
Board (the "Board") and the applicant specifying, in part, off-site,
on-tract or off-tract improvements, public improvements, bonding requirements,
escrow requirements, other conditions imposed by the Town and such
other terms and conditions as the Town deems appropriate. The Board
may waive the requirement of a developer's agreement in appropriate
circumstances. Unless so waived, no certificate of occupancy or building
permit shall be issued respecting any application for development
requiring subdivision or site plan approval unless the applicant has
entered into a developer's agreement of a form specified herein.
a.
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), or as a condition of
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 Town shall require and shall accept
in accordance with the standards set forth hereinbelow 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 as set forth in this section.
1.
The developer shall furnish a performance guarantee in favor of the
Town 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 Town 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), for the
following improvements as shown on the approved plans or plat:
(a)
Streets.
(b)
Pavement.
(c)
Gutters.
(d)
Curbs.
(e)
Sidewalks.
(f)
Street lighting.
(g)
Street trees.
(h)
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 N.J.S.A. 46:26B-8.
(i)
Water mains.
(j)
Sanitary sewers.
(k)
Community septic systems.
(l)
Drainage structures.
(m)
Public improvements of open space.
(n)
Any grading necessitated by the preceding improvements.
2.
The developer shall also furnish a performance guarantee to include,
within an approved phase or section of a development, privately owned
perimeter buffer landscaping, as required by the Town Code or imposed
as a condition of approval. At a developer's option, a separate
performance guarantee may be posted for the privately held perimeter
buffer landscaping.
3.
The Town Engineer 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.
a.
The developer shall also furnish to the Town a safety and stabilization
guarantee in favor of the Town. 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 Town 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.
2.
Work has not recommenced within 30 days following the provision of
written notice by the Town to the developer of the Town's intent
to claim payment under the guarantee.
3.
The Town 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. The Town shall provide written
notice to the developer by certified mail or other form of delivery
providing evidence of receipt.
4.
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.
5.
The amount of a safety and stabilization bond 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:
6.
The Town 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.
7.
The Town shall release a safety and stabilization guarantee upon
the Town Engineer's or other municipal official's (designated
by ordinance) 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.
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 furnish
a separate guarantee, referred to herein as a "temporary certificate
of occupancy guarantee," in favor of the Town 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 previously furnished
by the developer 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 Town
Engineer or such other municipal official designated by ordinance.
The temporary certificate of occupancy guarantee shall be released
by the Town Engineer 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.
a.
The Town may accept a performance guarantee in favor of the municipality
from a successor developer as a replacement for a performance guarantee
that was previously furnished, pursuant to Section 41 of P.L. 1975,
c. 291 (N.J.S.A. 40:55D-53), for the purpose of assuring the installation
of improvements. The Town shall not accept a replacement performance
guarantee without securing:
1.
Written confirmation from the new obligor that the intent of the
new obligor is to furnish a replacement performance guarantee, relieving
the predecessor obligor and surety, if any, of any obligation to install
improvements; and
2.
Written verification from the Town Engineer that the replacement
performance guarantee is of an amount sufficient to cover the cost
of the installation of improvements, but not to exceed 120% of the
cost of the installation, which verification shall be determined consistent
with Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53).
b.
An approving authority shall notify the governing body whenever it
accepts a replacement performance guarantee. Notice shall contain
a copy of the written confirmation of the new obligor's intent
to furnish a replacement performance guarantee and the municipal engineer's
written verification of the sufficiency of the amount of that replacement
performance guarantee.
c.
Within 30 days after receiving notice from the approving authority
of its acceptance of a replacement performance guarantee, the governing
body, by resolution, shall release the predecessor obligor from liability
pursuant to its performance guarantee.
a.
Prior to the release of a performance guarantee required pursuant
to this section, the developer shall post with the Town a maintenance
guarantee in an amount not to exceed 15% of the cost of the installation
of the improvements which are being released.
1.
The developer shall post with the Borough, upon the inspection and
issuance of final approval of the following private site improvements
by the Town Engineer, a maintenance guarantee in an amount not to
exceed 15% of the cost of the installation of the following private
site improvements, 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):
2.
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.
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 Town for such utilities or improvements.
a.
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 Town 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.
b.
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 Town for the reasonable cost
of the improvements not completed or corrected, and the Town 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.).
c.
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 Town Clerk, that the Town Engineer prepare, in accordance with
the itemized cost estimate prepared by the Town Engineer and appended
to the performance guarantee pursuant to 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 Town 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 Town 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.
1.
The list prepared by the Town 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 Town 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 Town Engineer and appended to the performance guarantee pursuant to Subsection a of this section.
2.
The governing body, by resolution, shall either approve the bonded
improvements determined to be complete and satisfactory by the Town
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 Town Engineer and appended
to the performance guarantee pursuant to this section. This resolution
shall be adopted not later than 45 days after receipt of the list
and report prepared by the Town 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.
3.
For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bond improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the Town 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 Town may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of all 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 Town below 30%.
4.
If the Town Engineer fails to send or provide the list and report
as requested by the obligor pursuant to 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 Town 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.
5.
If the governing body fails to approve or reject the bonded improvements
determined by the Town 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 Town 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 Town
Engineer and appended to the performance guarantee pursuant to this
section; and the cost of applying to the court, including reasonable
attorney's fees, may be awarded to the prevailing party.
6.
In the event that the obligor has made a cash deposit with the Town
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 Town may retain cash equal
to the amount of the remaining safety and stabilization guarantee.
d.
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.
e.
Nothing herein shall be construed to limit the right of the obligor
to contest by legal proceedings any determination of the governing
body or the Town Engineer.
a.
The obligor shall reimburse the Town for reasonable inspection fees
paid to the Town Engineer for the foregoing inspection of improvements;
which fees shall not exceed the sum of the amounts set forth hereinbelow.
The Town shall require the developer to post the inspection fees in
escrow in an amount:
1.
Not to exceed, except for extraordinary circumstances, the greater
$500 or 5% of the cost of bonded improvements that are subject to
a performance guarantee under this section; and
2.
Not to exceed 5% of the cost of private site improvements that are
not subject to a performance guarantee under this section, which cost
shall be determined pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A.
40:55D-53.4).
b.
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 Town Engineer
for inspections, the developer shall deposit the remaining 50% of
the inspection fees.
c.
For those developments for which the inspection fees are 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 Town Engineer
for inspection, the developer shall make additional deposits of 25%
of the inspection fees.
d.
If the Town determines that the amount in escrow for the payment
of inspection fees, as calculated hereinabove, is insufficient to
cover the cost of additional required inspections, the developer shall
deposit additional funds in escrow. In such instance, the Town shall
deliver to the developer a written inspection escrow deposit request,
signed by the Town 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 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.
To the extent that any of the improvements have been dedicated
to the Town on the subdivision plat or site plan, the 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 Town Engineer.
