A. 
Obligation to pay development application fees and fees for professional services. By signing an application for development and submitting the application, the applicant shall pay such application fees as are due the City and all reasonable costs for professional services, including, without limitation, engineering, legal, planning, licensed stenographic court reporting and other services, incurred by the City in connection with the review, approval or denial by the Planning Board or Zoning Board of Adjustment, or other advisory committee or commission of the City, or by the Common Council of any aspect thereof, including appeals, informal review of a concept plan by such boards and reviews to ensure that conditions of approvals have been satisfied. Such professional services may be provided by employees of the City who are professionals, or by professionals or consultants retained by the City on a general basis or retained specifically for an application by the Board of jurisdiction or the City. In conjunction with payment of such professional fees, the applicant shall make an escrow deposit in the amount and manner set forth herein and shall execute an agreement in a form provided by the City obligating the applicant to pay such fees. The application fee is a flat fee to cover direct administrative expenses and is nonrefundable.
B. 
Amount of fees and escrow deposits due. Each applicant shall, at the time of application submission and prior to an application for development being deemed complete, submit to the administrative officer, in cash or by personal check, certified check or money order, the sums below as application fees and escrow deposits. Where one application for development includes more than one approval request (for example, a request for combined preliminary and final major subdivision approval or an application for development involving a new commercial building with a parking lot), the sum of the individual required fees shall be paid.
C. 
Computation of fees for professional services. In the case of City professionals not on an annual salary, but paid at an hourly rate for services, the cost to be billed shall be the amount actually billed for work done on the application at the rate which the professional bills the City for all municipal work of the same nature. In the case of a professional on salary from the City, the cost to be billed shall be the hourly prorated salary of the professional, multiplied by the number of hours spent on the application and further multiplied by 200% to include all staff support and overhead.
D. 
Accounting. The City shall render a written final accounting to the applicant on the uses to which the escrow deposit was put. Thereafter, the City shall, upon written request, provide copies of the vouchers withdrawing funds from the escrow deposit to the applicant.
E. 
Fees required.
1. 
Residential site plan and subdivision fees as established in Chapter A Schedule of Fees Appendix - Application Fees and Escrow Deposits.
2. 
Commercial/industrial development applications: subdivision fees as established in Chapter A Schedule of Fees Appendix, Development Fees - Application Fees and Escrow Deposits.
3. 
Commercial/industrial development applications: site plan fees as established in Chapter A Schedule of Fees Appendix, Development Fees - Application Fees and Escrow Deposits.
4. 
One- and two-family development application fees as established in Chapter A Schedule of Fees Appendix, Development Fees - Application Fees and Escrow Deposits.
5. 
Other submission fees as established in Chapter A Schedule of Fees Appendix - Application Fees and Escrow Deposits.
6. 
Amended submission fees as established in Chapter A Schedule of Fees Appendix - Application Fees and Escrow Deposits.
7. 
If there is any reasonable doubt as to the likelihood of the intended use conforming to the performance standards, the Planning Board or Zoning Board of Adjustment shall request a deposit as established in Chapter A Schedule of Fees Appendix, Development Fees - Application Fees and Escrow Deposits, to be submitted with the application, which will be used to defray the cost of the special reports required to process it.
8. 
Special meetings. Whenever an applicant has requested a special meeting or meetings of the Planning Board, Zoning Board of Adjustment, or the Common Council, the applicant shall be responsible for all costs incurred by the City as a result of such special meeting(s), including, without limitation, costs for attendance of the Board Secretary and Attorney, City professional services, City staff, custodial services in opening and closing the building in which the meeting is held, and all similar reasonable expenses.
F. 
Miscellaneous.
1. 
For site plans involving only expansion of or additions to existing buildings, fees and escrow deposits shall be calculated on the area of the expansion or addition in accordance with § 35-6.1E.
2. 
For modifications within the footprint of existing buildings, fees and escrow deposits shall be calculated in accordance with § 35-6.1E.
3. 
Professional review fees for subdivision or site plan applications may be proportioned to stages of submittals as approved by the board of jurisdiction.
4. 
Unexpended escrow deposits for concept plans shall be credited against escrow deposits due upon filing of an application for development.
G. 
Escrow deposits.
1. 
Within 45 days after the filing of an application for development, the administrative officer shall review the application to determine whether the escrow amounts set forth above are adequate, including whether escrow fees should be charged for applications for which the escrow deposit is listed as "none." In conducting such review, the following criteria shall be considered:
a. 
The presence or absence of public water or sewer servicing the site.
b. 
Environmental considerations, including, but not limited to, geological, hydrological and ecological factors.
c. 
Traffic impact of the proposed development.
d. 
Impact of the proposed development on existing aquifer or water quality.
e. 
Impact on improvements which might require off-tract or off-site contribution agreements.
f. 
Impact on open space landscaping, woodlands and the like.
g. 
The need for a developer's agreement between the applicant and the City.
h. 
The anticipated costs for professional services to be paid by the applicant in accordance with this article.
2. 
If additional sums are deemed necessary, the applicant shall be notified of the required additional amount and shall add such sum to the escrow within 15 days of receipt of such notice for additional sums. Each applicant shall, at the time of application submission, and prior to the application being deemed complete, submit to the administrative officer, in cash or by personal check, certified check or money order, the amount of additional escrow deposit determined by the administrative officer to be due in accordance with this section, and shall complete all forms as required by such designated official. The board of jurisdiction may make the continued current payment of all escrow fees due and to be due under this section from an applicant a condition of the approval of any application.
H. 
Payment of additional escrow fees due.
1. 
Upon the funds in the escrow account being reduced to 30% of the amount initially deposited, the administrative officer shall forthwith bill the applicant for any charges for professional services, it being the intent of this article that the 30% be retained in the escrow account at all times until any refunds are due.
2. 
The administrative officer shall also bill the applicant for any professional services covered by this article, whether or not funds have been refunded pursuant to this article.
3. 
Payment is due within 15 days of receipt of such bills.
I. 
Failure to pay escrow amounts due.
1. 
If an applicant has failed to pay any amounts due under this article, the City may stop construction until such amounts, together with penalties equal to an interest payment on unpaid bills of 1 1/2% per month and any legal fees and expenses necessary to collect any unpaid bills, are paid; deny the issuance of any construction permits or certificates of occupancy if such amounts are due and payable; or deem any approval conditioned by the board of jurisdiction on applicant's payment of any amounts under this article to be null and void as though the board of jurisdiction had denied such application on the date of conditional approval. The Board of jurisdiction may in its discretion dismiss, adjourn or deny the application if the applicant has failed to pay any amounts due under this article.
2. 
In addition, all escrow charges which have been billed and remain unpaid shall become a lien on the premises with respect to which said charges are required and shall remain so until paid. Said overdue charges shall accrue the same interest from time to time as taxes upon real estate in the City. The City shall have the same remedies for the collection thereof with interest, costs and penalties as it has by law for the collection of taxes upon real estate. The applicant shall be responsible for all costs of collection of unpaid escrow fees, including attorneys' fees and all costs.
J. 
Appeals of amounts charged against escrow.
1. 
The applicant shall notify, in writing, the Common Council, with copies to the Chief Financial Officer, the approving authority, and the professional whenever the applicant disputes a charge against escrow for services rendered.
2. 
The process for reviewing the appeal, and those processes for further consideration of the Common Council's decision, are stipulated in N.J.S.A. 40:55D-53.2a et seq.
K. 
Unexpended escrow funds. All unexpended escrow funds shall be refunded to the applicant within a reasonable time after the last certificate of occupancy is issued and all conditions and requirements of development approvals and any development agreement are satisfied, or such earlier time as the administrative officer certifies that all professional services to be paid by escrow funds have been completed and billed. The refunding process will be in accordance with the guidelines and procedures established by the City in effect at that time. In no event, however, shall any application fees required pursuant to this article be refunded.
L. 
Itemized bills. An itemized accounting for fees paid or due and owing from escrowed funds will be forwarded to the applicant when the escrow amount has been reduced to less than 30% of the amount initially deposited, it being the intent of this section that 30% of such amount be retained in the escrow account until the inspections are completed. Payment is due within 15 days of receipt of such bill. Interest at the rate of 1 1/2% per month shall be charged on all payments not received within 15 days of receipt of the bill. All unexpended escrow funds shall be returned to the applicant within a reasonable time after receipt of written request of the applicant, and the City Engineer certifies that the inspections have been completed, and the release of escrow funds approved.
M. 
Deposit of escrow funds. The City Treasurer shall deposit all escrow funds in accordance with N.J.S.A. 40:55D-53.1 and shall charge the administration fee permitted to defray the cost of administrating said account.
A. 
Requirements for approval of final plat. No final plat shall be approved until all items required to be bonded (on-site, off-site, on-tract and off-tract) have been installed, approved by the City Engineer, or their installation shall have been provided for by a performance guarantee accepted and approved by the City Engineer. No partially completed facility shall be accepted for any item which has further stages of work or which will need to be altered or reworked due to the installation of any other facility. A performance bond for an approved site plan shall be provided.
B. 
Submission of estimate of cost. The performance guarantee estimate of the cost of improvements shall be submitted by the applicant to the City Engineer, who will accept or modify the amounts in that estimate as part of his report on final plat review. The approving authority or City Engineer may request the applicant to update this estimate as required.
C. 
Performance guarantee requirements.
1. 
Before filing of final subdivision plats or recording 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 Subdivision d of N.J.S.A. 40:55D-65, the City shall require and shall accept in accordance with the standards set forth herein below and regulations adopted pursuant to 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 the provisions of this section.
a. 
The developer shall furnish a performance guarantee in favor of the City 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 City 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: streets, pavement, gutters, curbs, sidewalks, streetlighting, 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[1]) or N.J.S.A. 46:26B-8 through N.J.S.A. 46:26B-8, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements.
[1]
Editor's Note: See now N.J.S.A. 46:26B-1 et seq.
b. 
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 City Code or imposed as a condition of approval. At the developer's option, a separate performance guarantee may be posted for the privately held perimeter buffer landscaping.
c. 
The applicant shall prepare and submit to the City Engineer for review 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.
d. 
The performance guarantee shall be in the City's prescribed form of performance bond on which the developer shall be principal, and secured either by a bonding or surety company approved by the Council or by a certified bank or cashier's check, the proceeds of which shall be returnable to the developer without interest after full compliance by the developer with all of the requirements of this chapter and the developer's agreement.
e. 
The performance guarantee shall be approved by the City Engineer as to form, sufficiency and execution. Such performance guarantee shall run for a period to be fixed by the approving authority but, in no case, for a term of more than three years. However, with the consent of the owner and of the surety, if there be one, the Common Council may, by resolution, extend the term of such performance guarantee for an additional period or periods not to exceed, in the aggregate, three years. 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, as determined as of the time of the passage of the resolution. The amount of the performance guarantee may be reduced by the Common Council by resolution when portions of the required improvements have been installed.
f. 
A successor developer must 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.
g. 
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 City 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 § 35-6.2C1a, 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, or other municipal official designated by ordinance. At no time may the City 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, City 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.
2. 
The developer shall also furnish to the City a safety and stabilization guarantee, in favor of the City. 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 City 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:
a. 
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
b. 
Work has not recommenced within 30 days following the provision of written notice by the City to the developer of the City's intent to claim payment under the guarantee. The City 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 City shall provide written notice to a developer by certified mail or other form of delivery providing evidence of receipt.
c. 
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.
d. 
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:
(1) 
Five thousand dollars for the first $100,000 of bonded improvement costs; plus
(2) 
Two and a half percent of bonded improvement costs in excess of $100,000 up to $1,000,000; plus
(3) 
One percent of bonded improvement costs in excess of $1,000,000.
e. 
The City 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.
f. 
The City shall release a safety and stabilization guarantee upon the City Engineer's 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.
3. 
Prior to the release of a performance guarantee required pursuant to this section, the developer shall post with the City a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.
4. 
If required, the developer shall post with the City, upon the inspection and issuance of final approval of the following private site improvements by the City Engineer, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, inflow and water quality structures within the basins, and the outflow pipes and structures of the stormwater management system, if any, which cost shall be determined according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
a. 
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.
b. 
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 City for such utilities or improvements.
5. 
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 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 Borough 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.
6. 
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 City for the reasonable cost of the improvements not completed or corrected and the City may either prior to or after the receipt of the proceeds thereof complete such improvements.
7. 
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 City Engineer prepare, in accordance with the itemized cost estimate prepared by the City 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 City 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 City 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.
a. 
The list prepared by the City 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.
b. 
The report prepared by the City 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 City Engineer and appended to the performance guarantee pursuant to Subsection A of this section.
8. 
The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the City 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 City 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 City 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.
9. 
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 City Engineer and appended to the performance guarantee pursuant to 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 City 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 City below 30%.
10. 
If the City 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 City Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorneys' fees, may be awarded to the prevailing party.
11. 
If the governing body fails to approve or reject the bonded improvements determined by the City 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 City 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 City 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.
12. 
In the event that the obligor has made a cash deposit with the City 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 City may retain cash equal to the amount of the remaining safety and stabilization guarantee.
13. 
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.
14. 
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 City Engineer.
D. 
Regulations concerning inspection fees.
1. 
The obligor shall reimburse the City for reasonable inspection fees paid to the City Engineer for the foregoing inspection of improvements, which fees shall not exceed the sum of the amounts set forth in Subsections D1a and b of this subsection. The cost of inspections shall be 5% of the total site construction cost estimates developed by the applicant and approved by the City Engineer for engineering inspections and incidental engineering services in connection with approved development applications. The City may require the developer to post the inspection fees in escrow in an amount:
a. 
Not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements that are subject to a performance guarantee required in this section; and
b. 
Not to exceed 5% of the cost of private site improvements that are not subject to a performance guarantee required in 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).
2. 
For those developments for which the inspection fees total more 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 City Engineer for inspections, the developer shall deposit the remaining 50% of the inspection fees.
3. 
If the City determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to this section, is insufficient to cover the cost of additional required inspections, the City may require the developer to deposit additional funds in escrow, provided that the City delivers to the developer a written inspection escrow deposit request, signed by the City 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.
4. 
In the event that final approval is by stages or sections of development pursuant to Subdivision 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.
5. 
To the extent that any of the improvements have been dedicated to the City on the subdivision plat or site plan, the municipal governing body shall be deemed, upon the release of any performance guarantee required pursuant to 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 City Engineer.
6. 
Each applicant shall pay all reasonable costs (including overtime charged by any professional) for the City inspection of the construction site and off-site improvements and for all improvements not otherwise inspected pursuant to the Uniform Construction Code and shall execute an agreement in a form provided by the City obligating itself to do so. An escrow fund will be established within the City before construction begins, and such funds shall be used to pay the fee and costs of professional and incidental services incurred by the City to inspect the construction.
7. 
An initial fee of 5% of the estimated total cost of the improvements shall be deposited with the City prior to the issuance of any construction permit. The basis for fees to be charged by the City for inspection services shall be the same fee basis the City uses to pay for City related projects, including overtime charges. The estimated costs of improvements shall be calculated by the City Engineer based on current competitive prices for similar work in the area.
E. 
Use of performance bonds. Any performance bond, letter of credit or other guarantee provided by an applicant shall provide that the City may, in its sole and absolute discretion, apply any funds available from any such performance bonds, letter of credit or other guarantee posted by the applicant against amounts owed under § 35-6.1G, H and I by providing the applicant 15 days' prior written notice of the City's intent to draw against the performance bond, letter of credit or guarantee. If the City shall draw against the performance bond, letter of credit or other guarantee, the applicant shall replenish said draw within 15 days of written notice. Failure to restore funds shall be default, and the City shall have, in addition to any others, all rights set forth in this article.
F. 
Preconstruction conference. Prior to beginning construction, the developer shall arrange for a preconstruction conference between the developer, contractor, and City Engineer. The City Engineer shall be notified by the developer at least five days in advance of the start of construction.
G. 
Approval of City Engineer required. No work shall be done without permission from and inspection by the City Engineer. No underground installations shall be covered until inspected and approved. The City Engineer's office shall be notified after each of the following phases of the work has been completed so that he may inspect the work: road subgrade; sidewalk, curb and gutter forms; curbs and gutters; road paving (after each coat in the case of priming and sealing); sanitary sewer pipes, drainage pipes and other drainage structures before backfilling; shade trees and planting strips; street name signs; and monuments.
H. 
Utility installations. All utility installations installed by utility companies shall not be subject to the inspection requirements.
I. 
Occupancy permits; paving of streets; landscaping. Occupancy permits will be issued only when the installation of curbs, utilities, functioning water supply and sewage treatment facilities, necessary storm drainage to ensure proper drainage of the lot and surrounding land, rough grading of lots, soil stabilization, base course for the street and driveway, and sidewalks are installed to serve the lot and structure for which the permit is requested. Streets shall not receive surface course paving until all heavy construction is completed. Shade trees shall not be planted until all grading and earthmoving is completed. Seeding or grass areas shall be the final operation.
J. 
City not to be held liable. Inspections by the City Engineer shall not subject the City to claims, suits, or liability of any kind that may arise because of defects or negligence, it being recognized that to maintain safe conditions at all times on all parts of the tract is the obligation of the developer and his contractors or subcontractors, if any.
K. 
Final inspection of work. After completing the improvements, the developer shall prepare two sets of the plans and the profiles amended to read "as constructed" and apply to the City Engineer for final inspection of the work. The City Engineer shall, within 30 days of completing the inspection, report in writing to the governing body, indicating either approval, partial approval, or rejection of the improvements with a statement of reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.
L. 
Approval, partial approval or rejection by governing body. The governing body shall either approve, partially approve or reject the improvements and shall notify the obligor by certified mail of the contents of the City Engineer's report, and the action of the approving authority with relation thereto, no later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from liability pursuant to its performance guarantee, except for a portion sufficient to secure compliance with the remaining items. Failure of the governing body to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from liability pursuant to such performance guarantee.
M. 
Rejection of improvements by governing body. If any portion of the required improvements is rejected, the approving authority may require the obligor to complete such improvements and, upon completion, the same procedure of notification as set forth shall be followed.
N. 
Reduction of performance guarantee. Upon request of the developer, in writing, by certified mail, with copies to the City Engineer, the governing body may reduce the amount of the performance guarantee after considering the report of the City Engineer. The performance guarantee retained shall be sufficient to cover the cost of uninstalled, uncompleted and defective improvements, engineering costs, and an amount equal to 15% of the cost of completed facilities to assure upkeep of these facilities until accepted by the governing body. Agreement to reduce the performance guarantee in accordance with this provision shall not constitute approval or acceptance of any of the improvements by the governing body. The reduction shall first be in the surety portion of the performance bond, and only in cash portion after the entire surety portion has been released.
O. 
Acceptance of street, drainage system or other improvements. The approval of any plat under this chapter by the approving authority shall in no way be construed as acceptance of any street, drainage system, or other improvement required by this chapter, nor shall such plat approval obligate the City in any way to maintain or exercise jurisdiction over such street, drainage system, or other improvements. Acceptance of any street, drainage system or other improvement shall be implemented only by favorable action by the governing body.
[Amended 10-7-2025 by Ord. No. 25-3356]
A. 
Requirements for issuance. No zoning permit, building permit, or certificate of occupancy shall be issued for any parcel of land or structure which was sold or on which improvements were undertaken in violation of the provisions of this chapter or for use of a lot which was created by subdivision after the effective date of, and not in conformity with, the provisions of this chapter. No site improvements, such as, but not limited to, excavation or construction of public or private improvements, shall be commenced except in conformance with this chapter in accordance with plat approvals and the issuance of required permits.
B. 
Zoning permit. A zoning permit or other form of written approval shall be issued when required by the Zoning Officer before the issuance of any building permit or construction code certificate of occupancy.
C. 
No person or entity shall alter the exterior, or totally or partially demolish any historic building or structure unless the Zoning Office has issued a zoning permit in accordance with the Historic Preservation Ordinance.[1]
[1]
Editor's Note: See Part V, Historic Preservation.
A. 
Required; exceptions. It shall be unlawful to use any lot, tract, or building or part thereof hereafter created or modified or involving a transfer or change in use, title or occupancy or change in tenancy, until a zoning certificate of occupancy shall have been issued by the Zoning Officer, except that no certificate shall be required for a transfer of title which is exempt from the payment of the realty transfer fee imposed under New Jersey Public Law 1968, c. 49, as amended, by reason of a deed: for a consideration of less than $100; which confirms or corrects a deed previously recorded; between husband and wife, or parent and child; in specific performance of a final judgment; by an executor or administrator of a descendent to a devisee or heir to effect distribution of the descendant's estate in accordance with the provisions of the descendant's will or the laws of the State of New Jersey; or recorded within 90 days following the entry of a divorce decree which dissolves the marriage between the grantor and grantee.
B. 
Compliance with chapter required. No certificate shall be issued unless the land, building and use comply with this chapter, all matters incorporated and certified by the City Engineer, any lawful prior orders issued under the authority of the construction, property maintenance, fire prevention and health codes are properly abated, and the property is in compliance with the items listed in § 15-6 of Chapter 15, Property Maintenance Code, of the Revised General Ordinances.
C. 
Temporary zoning certificate. The Zoning Officer may issue a temporary zoning certificate of occupancy when a notice of violation has been issued for the correction of defects or other conditions that are not materially adverse to public health, safety or welfare, and a schedule and escrow have been established that provide a reasonable time period for elimination of the defects or other conditions in an amount that will adequately cover the cost of eliminating the defects or conditions if the applicant fails to do so within the scheduled time period.
D. 
Fees. Each request for a zoning certificate of occupancy shall be accompanied by cash, check or money order payable to the City of Summit in the amount specified in the fee schedule contained in Appendix A of the Revised General Ordinances.
A. 
Saving provision. These regulations shall not be construed as abating any action now pending under prior existing subdivision, site plan or zoning regulations; or as abating or modifying any penalty accruing or about to accrue; or as affecting the liability of any person, firm, or corporation, or as waiving any right of the City under any provision existing at the time of adoption of this chapter; or as vacating or annulling any rights obtained by any person, firm, or corporation by lawful action of the City except as shall be expressly provided for in this chapter. Applications filed with the secretary of the approving authority having all fees paid prior to the adoption of this chapter shall be deemed pending.
B. 
Validity. If any provisions of this chapter shall be adjudged by the courts to be invalid, such adjudication shall apply only to that provision, and the remainder of this chapter shall be deemed valid and effective.
C. 
Violations and penalties.
1. 
In cases where any structure is erected, altered, converted, or maintained, or any structure or land is used in violation of this chapter, or any approved subdivision, site plan, variance, conditions of approval, or similar approval, the City or an interested party may institute appropriate action to prevent such unlawful erection, alteration, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of said structure or land; and to prevent any illegal act, conduct, business or use in or about such premises. Any person convicted of such violations before a court of competent jurisdiction shall be subject to a penalty not to exceed $2,000 and/or 90 days in jail in accordance with N.J.S.A. 40:49-5. Each day shall be deemed a separate violation.
2. 
If, before final subdivision approval, any person as owner or agent transfers or sells, or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, any land which forms a part of a subdivision for which municipal approval is required, such persons shall be subject to a penalty not to exceed $2,000 in accordance with N.J.S.A. 40:49-5. Each lot disposition so made may be deemed a separate violation.
3. 
In addition, the City may institute and maintain a civil action:
a. 
For injunctive relief; and
b. 
To set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-5, but only if the municipality has a Planning Board and has adopted by ordinance standards and procedures in accordance with N.J.S.A. 40:55D-38.
4. 
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.
D. 
Construction permits, site plan approvals and zoning variances outstanding. Nothing in this chapter shall require any change in a construction permit, site plan, or zoning variance which was approved before the enactment of this chapter, but is in violation of this chapter, provided that construction based on such a construction permit shall have been started within one year from the effective date of this chapter, and, in the case of a site plan or variance, a construction permit shall have been issued within one year following the date of the approval. In all instances, the project shall be continuously pursued to completion, otherwise said approvals and permits shall be void.
E. 
Compliance. All requirements of this chapter shall be met at the time of any erection, enlargement, moving or change in use. All developments resulting from subdivision and site plan approvals shall comply with all the design and performance standards, including conditions imposed by the approving authority as shown on the approved plat and/or included on the resolution adopted by the approving authority.