[Added 3-3-1977 by Ord.
No. 77-7 as Chapter XXI of the General Ordinances]
[Amended 12-1-2021 by Ord. No. 2021-23]
The purposes of this article are to provide a uniform set of
procedures for administering the issuance of applications and payment
of fees in processing applications for subdivision and development
submitted to the Planning Board and Zoning Board of Adjustment; to
assure the completion and maintenance of the off-site and on-site
improvements included in the site plan as will affect the public interest;
to establish fees to reimburse the Township for costs of administrative
review of applications, technical review of plans, issuance of permits
and inspections to ensure compliance with requirements; and to incorporate
the mandatory provisions of the New Jersey Municipal Land Use Law
expressed in N.J.S.A. 40:55D-53 in their entirety, as if fully set
forth at length herein.
[Amended 6-18-1996 by Ord. No. 96-7; 6-7-2001 by Ord. No. 2001-11]
All applications for street vacation, and subdivision and development,
site plan review, general development plan approval, Planned Apartment
or Shopping Center District zoning amendments and/or Planned Apartment
or Shopping Center District development and construction and appeals
to the Zoning Board of Adjustment shall be made to the Zoning Officer
and/or his designated representative. Application fees as indicated
herein shall be paid by the applicant at the time the application
is submitted.
[Amended 6-18-1996 by Ord. No. 96-7; 3-10-2011 by Ord. No. 2011-01]
In all cases where the Planning Board or Zoning Officer determines that engineering or other technical review of plans is required to assure appropriate provisions for drainage, sewer and water utilities or other required on- and off-tract facilities, a deposit in the amount as set forth in Chapter 11 shall be paid by the applicant to the Township at the time the application is accepted as complete by the Planning Board. If said deposit is insufficient to cover engineering and other technical review costs, the applicant shall be notified and required to make additional deposits in an amount determined by the Zoning Officer to cover said costs.
[Amended 6-2-1983 by Ord.
No. 83-11; 7-7-1988 by Ord. No. 88-7; 6-18-1996 Ord. No. 96-7; 3-10-2011 by Ord. No. 2011-01; 12-1-2021 by Ord. No. 2021-23]
Before the Planning Board, Township Clerk and/or appropriate
approving authority shall affix their signatures to the final subdivision
plats, subdivision improvement plans or site plans, or as a condition
of a zoning permit or prior to the applicant's commencement of
construction of any improvements or infrastructure, 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 the following guarantees, as appropriate. No plans will be signed
by the appropriate authority until and unless the required guarantees
have been approved by the Township's Attorney and Engineer.
A.
Performance guarantees.
(1)
Any such performance guarantee, whether a surety performance bond,
guaranty, cash escrow security, letter of credit or other form of
security acceptable in form and content to the Township Solicitor,
that is 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.
(2)
The cost shall be determined by the Township Engineer according to
the method of calculation set forth herein and in N.J.S.A. 40:55D-53.4,
et seq. and shall include the following improvements as shown on the
approved plans or plat: streets, pavements, gutters, curbs, sidewalks,
streetlighting, street trees, surveyor's monuments, water mains,
sanitary sewers, community septic systems, drainage structures, public
improvements to open space, and any grading necessitated by the preceding
improvements.
(3)
Performance guarantees shall consist of cash or a certified check
for not less than 10% of the estimated cost of the improvements, and
the balance of the cost shall be guaranteed by a corporate surety
performance bond issued by a corporation authorized to issue bonds
in the State of New Jersey, or letter of credit or other form of security
guaranty approved by the Township Solicitor. The amount of the performance
bond may be reduced by resolution of the Township Committee upon certification
of the Township Engineer when portions of the required improvements
have been installed, but no part of the cash security shall be refunded
until all of the improvements have been completed.
B.
Inspection fee escrow deposit.
(1)
The applicant shall post inspection fees in escrow in an amount not to exceed, except in extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements that are subject to performance guarantees under Subsections A(1) above and C below, and not to exceed 5% of the cost of private site improvements that are not subject to a performance guarantee under Subsection A(1) above, the cost of which shall be determined pursuant to Section 15 of P.L. 1991, c.256 (N.J.S.A. 40:55D-53.4; provided, however, that the minimum escrow deposit shall be as set forth in Chapter 11 and shall be deposited at the time of application.
(2)
If at any time during the inspection of the construction of the said
improvements it becomes evident that the escrow deposit is or will
be insufficient to cover the costs thereof, the applicant shall make
such additional deposits in amounts to be determined by the Zoning
Officer based upon the estimated remaining costs required to properly
review and inspect the on- and off-site improvements; provided, however,
that the municipality delivers to the developer a written inspection
escrow 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.
C.
Perimeter buffer landscaping performance guarantee. The Township
shall require a performance guarantee to include, within an approved
phase or section of a development, privately owned perimeter buffer
landscaping as required by Township ordinance or imposed as a condition
of approval. At the applicant's option, a separate performance
guarantee may be posted for the privately owned perimeter buffer landscaping.
D.
Safety and stabilization guarantee. The Township shall require a
Safety and Stabilization Guarantee; provided, however, that, at the
developer's option, such guarantee may be furnished either as
a separate guarantee or as a line item of the performance guarantee.
The 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. The Township shall provide written notice to a
developer by certified mail or other form of delivery providing evidence
of receipt.
(3)
The amount of the Safety and Stabilization Guarantee shall be as
follows:
(a)
For a development with bonded improvements in an amount not
exceeding $100,000, the guarantee shall be $5,000.
(b)
For a development with bonded improvements exceeding $100,000,
the amount 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.
E.
Temporary certificate of occupancy guarantee.
(1)
In the event that the developer seeks 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 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
the existing performance guarantee.
(2)
The Temporary Certificate of Occupancy Guarantee shall include items
such as, but not limited to, sidewalks, landscaping and street trees
at subject property, roadway paving (including surface course) from
the property to the fully improved roadway, water and sewer infrastructure
from the property to an operating 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 said guarantee, it shall be required at the
point of 50% occupancy of the development or phase.
(3)
The above items shall apply for both residential and nonresidential developments. Upon posting of a Temporary Certificate of Occupancy Guarantee, all sums remaining under a performance guarantee, required pursuant to Subsection E(3) of this section, which correspond 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 Township Engineer, or other municipal official designated by ordinance. At no time may more than one guarantee or bond of any type be held with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the Township upon completion of the list of outstanding items.
F.
Maintenance guarantee.
(1)
The applicant shall post with the Township Council, prior to the
release of the Performance Guarantee and/or Perimeter Landscape Buffer
Performance Guarantee, a maintenance guarantee, approved by the Township
Solicitor as to form, sufficiency and execution, for a period not
to exceed two years after final acceptance of the improvement, in
an amount not to exceed 15% of the cost of the improvements, which
cost shall be determined by the Township Engineer in accordance with
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 developer shall post with the Township Council, upon the inspection
and issuance of final approval, 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 structures
and water quality structures within the basins, and the outflow pipes
and structures of the stormwater management system.
[Amended 6-2-1983 by Ord.
No. 83-11; 6-7-1984 by Ord. No. 84-6; 7-7-1988 by Ord. No. 88-7; 6-18-1996 by Ord. No. 96-7; 12-4-1997 by Ord. No. 97-14; 6-7-2001 by Ord. No. 2001-11; 3-10-2011 by Ord. No. 2011-01; 12-1-2021 by Ord. No. 2021-23; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
No subdivisions, development or site plans shall be approved and no building permits shall be issued by the Township of West Deptford until such time as all application and technical review fees have been paid and all escrow accounts established for inspections and performance and maintenance guaranties posted, where required, in accordance with the requirements of § 102-43. Fees and escrow deposits shall be as provided in Chapter 11.
All moneys received by the Township in accordance with the provisions
of this article shall be paid to the Director of Finance-Chief Financial
Officer, who shall provide a suitable depository therefor and shall
establish individual escrow accounts where required by this article.
Such funds shall be used only for the purposes and requirements herein
stated. The cash security for performance guaranties and maintenance
guaranties and for plan review and inspections shall be held by the
Chief Financial Officer in escrow trust accounts. Under no circumstances
shall the Township pay or be liable for any interest on any funds
deposited with the Township as a performance or maintenance guaranty.
No final plan shall be approved by the Planning Board and/or
Board of Adjustment until the applicant has furnished to the Township
a surety performance bond, guaranty, cash escrow security, letter
of credit or other form of security acceptable in form and content
to the Township Solicitor sufficient in the amount to cover the cost
of all such on-site and off-site improvements as estimated by the
Township Engineer.
Performance guaranties shall consist of cash or a certified
check for not less than 10% of the estimated cost of the improvements,
and the balance of the cost shall be guaranteed by a corporate surety
performance bond issued by a corporation authorized to issue bonds
in the State of New Jersey, or letter of credit or other form of security
guaranty approved by the Township Solicitor. The amount of the performance
bond may be reduced by resolution of the Township Committee upon certification
of the Township Engineer when portions of the required improvements
have been installed, but no part of the cash security shall be refunded
until all of the improvements have been completed.
Upon completion of all the improvements in a good and workmanlike
manner and in accordance with all rules, regulations, standards, specifications
and ordinances and the filing of as-built drawings, the Township will
accept the improvements subject to the deposit and posting of maintenance
guaranties in an amount equal to 10% of the estimated cost of construction,
of which at least 1/2 shall be in cash or by certified check and the
balance in the form of a corporate surety maintenance bond. Maintenance
guaranties shall be approved by the Township Solicitor as to form,
sufficiency and execution and such guaranties shall run for a period
of two years.
