Township of Hazlet, NJ Fees, Guarantees, Inspections and off-Tract Improvements

[Adopted 2-3-2009. Amendments noted where applicable.]

§ 181-900 APPLICATION FEES AND ESCROW FEES.

[Amended 9-5-2006; Ord. No. 1571-2015; 5-9-2023 by Ord. No. 1710-23]

Fee Schedule. Every application for development shall be accompanied by a check made payable to Hazlet Township in accordance with the following schedule:

APPLICATION FEES.

Type of Application		Administrative Fee
Certification of Pre-existing Non-Conforming Use		$75
Appeals and Interpretations		$275
Special Meeting		$1,500
Conceptual/Informal Review		$575
Bulk Variances	Residential	$225 per variance
Bulk Variances	Non-Residential	$275 per variance
Accessory Buildings and Structures Residential Only		$225 flat fee
Use Variances	Residential	$750 plus $50 per dwelling unit
Use Variances	Non-Residential	$800 per acre of entire tract or $50 per 1,000 square feet gross floor area, whichever is greater
Conditional Use		$500
Tree Removal Permit	Residential	New residential building lots, $15 per tree up to a maximum of $350 per lot.
Tree Removal Permit	Non-Residential	$15 per tree up to maximum of $700 for EACH acre
Soil Removal Permit		$40 per permit
Subdivision	Minor	$350
	Major
	Preliminary	$650 plus $50 per lot
	Final	50% of preliminary fee
Site Plan	Minor
	Preliminary	$650 plus $50 per lot
	Final	$50% of preliminary fee
Site Plan	Major
Site Plan	Preliminary	$1,000 plus $50 per acre, plus $0.05 per square foot of proposed building area
	Final	50% of preliminary fee
Requested Waivers
	Environmental Impact Study	$150
	Traffic Study	$150
	Drainage/Storm Water	$150
	Exempt from Site Plan	$150
	Design (i.e. parking space size)	$100
	All others not included above	$100
Tax Map Revision Fee		$75 per lot for minor and major subdivisions to cover the cost to revise tax map
Re-submission or Revision Fee		$50 or 40% of original fee, whichever is greater
Certified List per MLUL		$10 or $0.25 per name whichever is greater
Extension of Approvals		$300

ESCROW FEES.

Type of Application		Fee
Appeals and Interpretations		$500
Conceptual/Informal Review		$575
Bulk Variances	Residential	$600
Bulk Variances	Non-Residential	$500 plus $100 per each variance requested
Use Variance		$1,500
Conditional Use		$1,000
Subdivision	Minor	$1,500
	Residential/Preliminary
	1 - 5 unit(s) and/or lot(s)	$2,000
	6 - 25 unit(s) and/or lot(s)	$3,500
	25 - 100 unit(s) and/or lot(s)	$5,000
	101 plus unit(s) and/or lot(s)	$7,500
	Residential/Final	50% of preliminary fee
Site Plan	Minor	$500
	Preliminary	$2,000 plus $25 per dwelling unit
	Final	50% of preliminary fee
	Major
	Commercial/Industrial/Preliminary
	0 - 1,250 square feet	$1,500
	1,251 - 10,000 square feet	$2,500
	10,001 - 25,000 square feet	$5,000
	25,001 - 75,000 square feet	$7,500
	Plus 75,000 square feet	$10,000
Final		50% of preliminary fee
Special Meeting		$500
Resubmission or Revision		$50 or 40% of original fee whichever is greater
Tree Removal Permit		refer to 181-523 escrow
Extension of Approval		$1,000
Soil Removal		$100 for review and inspection by Twp. Engineer, plus $0.05 per square foot of area disturbed due to removal

MISCELLANEOUS FEES.

Type of Application		Administrative Fee
Change of Zone Request		$250
Zoning Permits
	New Residential Single-Family Dwelling	$150 each unit
	New Non-Residential Construction	$250 for the 1st $25,000 of construction cost or any part thereof plus $5 for each $1,000 of construction cost thereafter
	Renovations:
	Residential
	Application Review Fee:	$25 Non-Refundable
	Permit Fee:	$10 for the 1st $1,000 of construction cost and $5 per $1,000 thereafter; Minimum fee: $25
	Non-Residential (Non-refundable)
	Application Review Fee:	$75
	Permit Fee:	$10 for the 1st $1,000 of construction cost and $5 per $1,000 thereafter; Minimum fee: $25
	Fence	$50 flat fee
	Retaining Wall	$50 flat fee
	Shed	$50 flat fee
	Signs	$1 per square foot, with minimum $25, plus application fee $75
	Non-Residential Use Permit/Occupancy
	Tenant change	$100
	Ownership change	$250
	Lot Grading and Drainage Plan
	Initial review by Twp. Engineer	$200 per lot
	Revised review by Engineer	$100 per lot
Final As-built Survey, includes 1 inspection by Twp. Engineer		$250
Revised Final As-Built		$100
Re-inspect of site and report preparation		$150
DRO Book		$75
Colored Zoning Map	(11" x 17")	$5
Colored Zoning Map	(2'x3')	$20
Photocopies		State Statue
	No charge for records sent email or fax
	Copying data to disk or CD	$0
Use of Tape for Transcript Purposes (Must supply their own stenographer to make transcript)		$0
Duplication of Tape Recordings		$0
Certificate of Occupancy [Refer to Chapter 170 of Hazlet Codes]

Purpose of Fee. The application charge is a flat fee to cover direct administrative expenses and is non-refundable. The escrow account is established to cover the costs of professional services including engineering, legal, planning and other expenses connected with the review of the submitted materials. In accordance with N.J.S.A. 40:55D-53 and N.J.S.A. 40:55D-53.1, sums not utilized in the review process shall be returned to the applicant upon written request. If additional sums are deemed necessary, the applicant shall be notified by certified mail or personal service of the required additional amount and shall add such sum to the escrow. Payment shall be due from the applicant within fifteen (15) days of receipt of the notice. If payment is not received within fifteen (15) days, the applicant shall be considered to be in default, and such default may be grounds for denial of the application.

More than one Request. Where one (1) application for development includes several approval requests, the sum of the individual required fees shall be paid.

Costs of Review and Inspection. Each applicant for subdivision or site plan approval shall agree in writing to pay all reasonable costs for professional review of the application, including costs incurred with any informal review of a concept plan which may have preceded the submission of a preliminary application. Additionally, each applicant shall agree in writing to pay all reasonable costs for the municipal inspection of the constructed improvements. All such costs for review and inspection must be paid before any construction permit is issued and all remaining costs must be paid in full before any occupancy issued or bonding is released.

Court Reporter. If an applicant desires a court reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript to the municipality shall be at the expense of the applicant who shall arrange for the reporter’s attendance. The municipality provides for the tape recording of the proceedings before the Board.

Waiver of Fees for Affordable Housing. Notwithstanding any other provision of this Ordinance, a waiver of all municipal subdivision and site plan escrow fees, zoning permit, construction permit and certificate of occupancy fees shall be granted by the approving municipal agency for all housing units being provided by the applicant for low and moderate income families. If an applicant desires a court reporter, the cost of taking testimony and transcribing it and providing a copy of the transcript to the municipality shall be at the expense of the applicant who shall arrange for the reporter’s attendance. The municipality provides for the tape recording of the proceedings before the Board.

§ 181-901 (RESERVED)

§ 181-902 GUARANTEES REQUIRED FOR ON-AND-OFF-TRACT IMPROVEMENTS.

Guarantee Required. Before recording final subdivision plats or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65d, the approving Board, for the purpose of assuring the installation and maintenance of on- and off-tract (pursuant to N.J.S.A. 40:55D-42) improvements, shall require and accept in accordance with the standards adopted by this Ordinance, the following:

The furnishing of a performance guarantee in favor of the Township of Hazlet in an amount not to exceed 120% of the cost of installation, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in (Section 181-903B., Determination of Performance Guarantee Estimate) for improvements which the Board may deem necessary or appropriate, including; streets, grading, pavement, gutters, curbs, sidewalks, street lighting, shade trees, surveyor's monuments, as shown on the final subdivision plat and required by the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), culverts, storm sewers, drainage structures, public improvements of open space and, in the case of site plans only, other on-site improvements and landscaping. A separate estimate shall be prepared for soil erosion and sedimentation control devices.

Provision for a maintenance guarantee to be posted with the Township Committee 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 improvement, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in Section 181-903B., Determination of Performance Guarantee Estimate. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the municipality for such utilities or improvements.

The Municipal 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 developer.

Time Period for Installation. All public improvements shall be completed within six months of issuance of the last Certificate of Occupancy or five years of issuance of a Soil Disturbance Permit, whichever comes first. The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the Township Committee by resolution. As a condition or as part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in Section 181-903B., Determination of Performance Guarantee Estimate as of the time of the passage of the resolution.

Developer Liability. If the required improvements are not completed or corrected in accordance with the performance guarantee, the developer and surety, if any, shall be liable thereon to the Township for the reasonable cost of the improvements not completed or corrected and the Township may either prior to or after the receipt of the proceeds thereof complete such improvements. Such completion or correction of improvements shall be subject to the public bidding requirements of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.).

§ 181-903 CERTIFICATION OR GUARANTEE REQUIRED; ESTIMATE OF GUARANTEE.

Improvements to Be Installed No final plan shall be approved unconditionally by the Board until the satisfactory completion and performance of all such required improvements have been certified to the Board by the Municipal Engineer, unless the owner shall have filed with the municipality a performance guarantee sufficient in amount to cover the cost of all such improvements in uncompleted portions thereof as estimated by the Municipal Engineer, and assuring the installation of such uncompleted improvements on or before an agreed upon date.

Determination of Performance Guarantee Estimate A performance guarantee estimate shall be prepared by the Municipal Engineer or the developer's engineer and approved by the Municipal Engineer, setting forth all requirements for improvements as fixed by the Board and their estimated cost. The estimated cost of the installation of improvements determined by the Municipal Engineer shall be based on documented construction costs for public improvements prevailing in the general area of the Township. The developer may appeal the Municipal Engineer's estimate to the Township Committee. The Township Committee shall decide the appeal within 45 days of receipt of the appeal in writing by the Township Clerk. After the developer posts a guarantee with the Township based on the cost of the installation of improvements as determined by the Township Committee, he may institute legal action within one year of the posting in order to preserve the right to a judicial determination as to the fairness and reasonableness of the amount of the guarantee.

Determination of Maintenance Guarantee Estimate The approved performance guarantee estimate shall fix the requirements of maintenance of the utilities and improvements to be installed and completed by the developer. A surety company or cash bond meeting the requirements herein above set forth may be furnished to secure the maintenance guarantee, or the performance bond may be styled or amended to provide such security in reduced amount in keeping with the requirements.

§ 181-904 APPROVAL BY TOWNSHIP ATTORNEY.

The applicant shall present two copies of the performance guarantee in an amount equal to the amount of the approved performance guarantee estimate for approval as to form and execution by the Department of Finance with assistance by the Township Attorney, if necessary.

The Department of Finance shall forward its approval of the form of the performance guarantee for consideration for adoption by the Governing Body.

§ 181-905 BONDING AND CASH REQUIREMENTS.

The performance guarantee shall be the approved performance guarantee estimate and as surety a performance bond in which the applicant shall be principal, the bond to be provided by an acceptable surety company licensed to do business in the State of New Jersey, an irrevocable letter of credit drawn on a banking or savings and loan institution located in and licensed to do business in the State of New Jersey or such other form of security as may be approved by the Township Attorney, or cash, or a certified check shall be deposited with the Township of Hazlet by payment to the Township Treasurer. The performance guarantee in favor of the Township shall be in an amount not to exceed 120% of the cost of the installation and improvements. The Township Treasurer shall issue its receipt for such cash deposits and shall cause the same to be deposited in a bank named by the Township for this purpose to be retained as security for completion of all requirements and to be returned to the developer on completion of all required work and expiration of the period of maintenance guarantee or, in the event of default on the part of the subdivider, to be used by the Township of Hazlet to pay the cost and expense of obtaining completion of all requirements. Every bond, whether cash or surety, shall contain a clause to the effect that the obligation shall remain in fun force and effect until such time as certification is received from the Municipal Engineer that the principal has met and complied with all specifications and requirements for which said cash or surety bond has been posted.

10% of the amount of the approved performance guarantee estimates shall be deposited with the Township by the applicant in cash. The remaining 90% may be in cash, surety bond or other securities or guaranties approved by the Township Attorney. In the event of default, the ten-percent fund herein mentioned shall be first applied to the completion of the requirements and the cash or the surety shall thereafter be resorted to, if necessary, for the completion of the requirements. The cash or surety may recite the foregoing provisions. The Municipal Engineer's determination that the principal has defaulted in his obligation shall be binding and conclusive upon the principal.

Irrevocable letters of credit shall include, but not be limited to, the following provisions:

An unconditional payment obligation of the issuer running solely to the Township for an express initial period of time in the amount determined pursuant to N.J.S.A. 40:55D-53 and Section 181-903B., Determination of Performance Guarantee Estimate.

Is for a period of time of at least two years; and

Permits the Township to draw upon the letter of credit if the developer fails to furnish another letter of credit that complies with the provisions of this subsection 30 days or more in advance of the expiration date of the letter of credit or such longer period in advance thereof as is stated in the letter of credit.

§ 181-906 INSPECTIONS AND TESTS.

All improvements and utility installations shall be inspected during the time of their installation under the supervision of the Township Engineer to ensure satisfactory completion. The cost of said inspection shall be the responsibility of the applicant, and he shall deposit with the Township Treasurer for placement in a trust fund account a sum equal to 6% of the amount of the performance guarantee estimate of the cost of public improvements to be built in the subdivision or site development to be applied to the payment of inspection costs. If inspection costs exceed such fund, the developer shall deposit with the Township Treasurer additional sums upon notice from the Township Engineer. The inspection fee shall in no case be less than $500. The Township Treasurer shall return any balance of the inspection deposit to the developer upon expiration of the maintenance bond, together with the paid invoices for all expenses charged.

In no case shall any paving work be done without permission from the Township Engineer's office. At least two days' notice shall be given to the Township Engineer's office prior to any such construction so that he or a qualified representative may be present at the time the work is to be done.

The Township Engineer's office shall be notified after each of the following phases of the work has been completed so that he or a qualified representative may inspect the:

Soil disturbance activities;

Road subgrade;

Curb and gutter forms;

Curbs and gutters;

Road paving;

Sidewalk forms;

Sidewalks;

Drainage pipes and other drainage structures before backfilling;

Street name signs;

10.

Survey monuments; and

11.

Street trees;

and in the case of site plan inspection:

Parking lots;

Lighting;

Landscaping; and

Signage.

A final inspection of all improvements and utilities will be done by the Township Engineer within 10 days of notification by the developer to determine whether the work is satisfactory and in agreement with the approved final plat drawings and the Township specifications. The general condition of the site shall also be considered. Upon a satisfactory final inspection report, action will be taken to release or declare in default the performance guarantee covering such improvements and utilities.

Inspection by the Township of the installation of improvements and utilities by the applicant shall not subject the Township to liability for claims, suits or any other liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter; it is recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the applicant and his contractors, if any.

Improvements installed without notice for inspection shall constitute a valid cause for any of the following actions:

The issuance of a stop work order;

The removal of any improvements not so inspected;

The payment by the developer of any costs of materials testing by the municipal for the improvements not so inspected;

The restoration of the site from disturbance caused by the materials testing process.

Improvements installed contrary to the approved plat shall be a rebuttable presumptive that such approval is null and void.

§ 181-907 REDUCTION OF GUARANTEE.

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 developer may request of the Township Committee in writing, by certified mail addressed in care of the Township Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Section 181-902, Guarantee Required, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the developer shall send a copy of the request to the Municipal Engineer. As-built plans, pursuant to Section 181-910, As Built Required, shall be submitted prior to the request for a reduction in the guarantee. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the developer. Thereupon the Municipal Engineer shall inspect all improvements covered by the developer's request and shall file a detailed list and report, in writing, with the Township Committee, and shall simultaneously send a copy thereof to the developer not later than 45 days after receipt of the developer's request.

The list prepared by the Municipal Engineer shall state, in detail, with respect to each 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 improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Section 181-902, Guarantee Required.

The Township Committee, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Township Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Section 181-902, Guarantee Required. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Committee, the developer shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements.

If the Township Engineer fails to send or provide the list and report as requested by the developer pursuant to Section 181-907, Reduction of Guarantee, within 45 days from receipt of the request, the developer may apply to the court in a summary manner for an order compelling the Township Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

If the Township Committee fails to approve or reject the improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Township Engineer's list and report, the developer may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Section 181-902, Guarantee Required, paragraph A; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

In the event that the developer has made a cash deposit with the Township or approving authority as part of the performance guarantee, then any partial reduction granted in the performance guarantee pursuant to this subsection shall be applied to the cash deposit in the same proportion as the original cash deposit bears to the full amount of the performance guarantee.

If any portion of the required improvements is rejected, the approving authority may require the developer 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.

Nothing herein, however, shall be construed to limit the right of the developer to contest by legal proceedings any determination of the Township Committee or the Township Engineer.

The developer shall reimburse the municipality for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements; provided that the Township of Hazlet may require of the developer a deposit for a portion of the reasonably anticipated fees to be paid for such inspection. The initial deposit made by a developer shall not exceed 25% of the reasonably anticipated inspection fees unless the developer offers to pay an additional deposit amount. The developer shall be required to maintain the deposit at not less than 10% of the balance of the anticipated inspection fees as that balance is adjusted from time to time by the amount paid to the Township Engineer for inspection. For those developments for which the reasonably anticipated fees are less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited by a developer shall be 50 of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspection, the developer shall deposit the remaining 50% of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees. When the balance on deposit drops 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspection, the developer shall make additional deposits of 25% of the reasonably anticipated fees. The Township Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit.

In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-38, the provisions of this section shall be applied by stage or section.

§ 181-908 CONDITIONS FOR ACCEPTANCE OF IMPROVEMENTS; MAINTENANCE GUARANTEE.

The approval of any plat under this Article by the approving Board or Township Committee, or both, shall in no way be construed as acceptance of any street or drainage system or any other improvement required by this Ordinance, nor shall such plat approval obligate the Township in any way to maintain or exercise jurisdiction over such street or drainage system or other improvement. No improvement shall be accepted by the Township Committee unless and until all of the following conditions have been met.

The Township Engineer shall have certified in writing that the improvements are complete and that they comply with the requirements of this Ordinance.

The final plat shall have been approved by the Board.

Maintenance Guarantee.

After final acceptance of all improvements, the developer shall have filed with the Township Committee a maintenance guarantee in an amount equal to not more than 15% of the original estimate of the cost of installing the improvements and shall run for a period not exceeding two years. The procedures and requirements governing such maintenance guarantee shall be identical with the procedures and requirements for a performance guarantee set forth in this Article. The requirements for a maintenance guarantee may be waived by the Township Committee only if the Township Engineer has certified that the improvements have been in continuous use for not less than two years from the date the Township Engineer certified completion of such improvements and that during this period the developer has maintained the improvements in a satisfactory manner.

In the event that any other Township or 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 municipal or governmental agency, no performance or maintenance guarantee, as the case may be, shall be required by the Township for such utilities or improvements.

Acceptance of Publicly Dedicated Streets. A publicly dedicated street shall be deemed accepted by the municipality when the Governing Body grants full release of the performance guarantee and acceptance of the maintenance guarantee.

Acceptance of Street Lighting on Publicly Dedicated Streets. The Township shall accept responsibility for the costs of street lighting on publicly dedicated streets within 30 days upon written notice when the following conditions have been fulfilled by the developer:

The street lights have been connected to a public utility;

The street lights have been installed and accepted for service by the public utility; and

Certificates of occupancy have been issued for at least 50% of the dwelling units and 50% of the floor area of the nonresidential uses by section or phase of development;

Compliance by the municipality with the provisions of this subsection shall not be deemed to constitute acceptance of the street by the Township.

§ 181-909 ISSUANCE OF CERTIFICATE OF OCCUPANCY.

Occupancy permits for any buildings will be issued only when all construction and development conforms to the plans approved by the Planning Board or Zoning Board as the case may be. The installation of any curbs, all utilities, all functioning water supply and sewage treatment facilities, all necessary storm drainage to ensure proper drainage of the lot and surrounding land, rough grading of lots, final course for the driveway and base course for the streets, unless formally waived by the Municipal Engineer, are installed to serve the lot and structure for which the permit is requested.

Streets, if installed prior to final approval, shall not be paved until all heavy construction is complete; shade trees shall not be planted until all grading and earthmoving is completed; and seeding of grass areas shall be the last operation.

§ 181-910 AS-BUILT PLAN REQUIREMENTS.

As-built plans shall be presented to the Municipal Engineer before improvements may be inspected. No certificate of occupancy shall be issued unless an as-built plan is submitted and approved by the Municipal Engineer.

An as-built plan shall be submitted which indicates the constructed conditions and/or location of:

Final grading;

Roads including curbing and sidewalks;

Utilities;

Building location;

Driveways and parking lots;

Stormwater management facilities, including as-built topographic contours and volume calculations;

Walls and fences, and

Other structures deemed pertinent by the Township Engineer.

As-built plans shall be submitted by a New Jersey licensed land surveyor in the form of three prints.

§ 181-911 OFF-TRACT IMPROVEMENTS.

Payment of Pro Rata Share. The Board of Jurisdiction shall require as a condition of final subdivision or final site plan approval that the applicant pay for his or her pro rata share of providing off-tract improvements, including the acquisition of land and easements, necessitated or required by the approved development. The applicant shall either install the necessary off-tract improvements or pay the pro rata share to the municipality at the option of Hazlet Township. Such off-tract improvements shall be clearly, directly and substantially related to the approved development.

Improvements to Be Constructed at the Sole Expense of the Applicant. In cases where the need for an off-tract improvement is created by the proposed subdivision or site plan and where no other property owners receive a special benefit thereby or where no planned capital improvement by a governmental entity is contemplated, the applicant shall be solely responsible for the cost and installation of the required improvements.

Other Improvements.

In cases where the need for any off-tract improvement is created by the proposed subdivision or site plan and where the Board of Jurisdiction determines that properties outside the subdivision or tract will also be benefited by the improvement, the Board shall forward to the Township Committee a list and description of all such improvements together with its request that the Township Committee determine and advise the Board of the procedure to be followed in its construction or installation. The Board shall defer final action upon the subdivision or site plan until receipt of the Township Committee's determination or until the expiration of 30 days after the forwarding of such list and description to the Township Committee without such determination having been made, whichever occurs sooner.

The Township Committee, within 30 days after receipt of said list and description, shall determine and advise the Board whether:

The improvement or improvements are to be constructed or installed by the municipality:

As a general improvement, the cost of which is to be borne at general capital improvement (except as otherwise provided as a contribution by the applicant); or

As a local improvement, all or part of the cost of which is to be specially assessed against properties benefited thereby in proportion to benefits conferred by the improvements in accordance with N.J.S.A. 40:56 (except as otherwise provided as a contribution by the applicant); or

The improvement or improvements are to be constructed or installed by the applicant under a formula for partial reimbursement as hereinafter set forth.

If the Township Committee determines that the improvement or improvements shall be constructed or installed as a general capital improvement, the Municipal Engineer shall estimate the amount, if any, by which the total cost thereof will exceed the total amount by which all properties, including the subject tract, will be specially benefited thereby, and the applicant shall be liable to the municipality for such excess. The Township Committee shall adopt an Ordinance authorizing and providing for the financing of the capital improvement or improvements in a manner consistent with the obligation of the applicant for any difference in the total cost over total benefits conferred.

If the Township Committee determines that the improvement or improvements shall be constructed or installed as a benefit assessment, the Municipal Engineer shall estimate the difference between the total costs to be incurred and the total amount by which all properties, including the subject tract, will be specifically benefited by the improvement. The applicant shall be liable to the municipality for the difference in total cost over total benefits occurred as well as for the amount of any special assessments against the subdivision property or tract for benefits conferred by the improvement or improvements. The Township Committee shall adopt an ordinance authorizing and providing for the financing of the improvement or improvements and the assessment of benefits arising in a manner consistent with the obligation of the applicant. The Township Committee shall proceed in accordance with N.J.S.A. 40:56, except to the extent modified by the obligation of the applicant for any excess of total costs over total benefits conferred.

Cost Allocation. Nothing in this section shall be construed to prevent the municipality and applicant from agreeing to use a different method of allocating cost.

Costs included. The cost of an improvement shall be construed to encompass all costs related to such improvement, including, but not limited to, planning, feasibility studies, surveying, permit acquisition, property and easement acquisition, design, construction, and inspection of a project.

Performance Guarantee. The applicant shall be required to provide, as a condition for final approval a performance guarantee for the off-tract improvements in accordance with 181-902, Guarantee Required.

Refund of Deposit. In any case in which an applicant shall deposit money with the municipality for the completion of an improvement that is to be constructed pursuant to this Ordinance by the municipality, the applicant shall be entitled to full refund of such deposit if the Township Committee of the municipality shall not have enacted an ordinance authorizing the improvement within 10 years after the date of all other improvements are completed.

Deposit of Funds. All monies paid an applicant pursuant to this section shall be deposited with the municipality in a trust fund account. Such funds shall be used only for the improvements for which they are deposited or improvements serving the same purpose.

Redetermination of Assessment. Upon completion of off-tract improvements required pursuant to this section, the applicant's liability, shall be recalculated in accordance with the actual, as compared with the estimated, cost of the improvements. To the extent that it shall decrease the amount of the cost estimate, the Township shall refund the amount of such difference to the applicant. In cases where improvements are specially assessed against all benefited properties, recalculation shall be made by the municipal assessing authority in the course of the special assessment proceedings. In other cases, it shall be made by the Municipal Engineer.

§ 181-912 DEVELOPMENT FEES.

[Added 3-5-2019 by Ord. No. 1636-19; Amended 6-18-2019 by Ord. No. 1646-19]

Purpose. This section establishes standards for the collection, maintenance, and expenditure of development fees that are consistent with COAH's regulations developed in response to P.L. 2008, c. 46, Sections 8 and 32-38 (C. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7). Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate-income housing in accordance with a Court-approved Spending Plan.

Basic Requirements.

This Ordinance shall not be effective until approved by the Court.

The Township of Hazlet shall not spend development fees until the Court has approved a plan for spending such fees (Spending Plan).

Definitions. The following terms, as used in this section, shall have the following meanings:

AFFORDABLE HOUSING DEVELOPMENT

A development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project or a 100% affordable housing development.

COAH or THE COUNCIL

The New Jersey Council on Affordable Housing established under the Fair Housing Act.

CONSTRUCTION OFFICIAL

The construction office or his/her designee.

DEVELOPER

The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT FEE

Money paid by a developer for the improvement of property as permitted at N.J.A.C. 5:93-8.

[Amended 8-6-2019 by Ord. No. 1649-19]

EQUALIZED ASSESSED VALUE

The assessed value of a property divided by the current average ratio of assessed to true value for the municipality in which the property is situated, as determined in accordance with Sections 1, 5, and 6 of P.L. 1973, c.123 (C.54:1-35a through C.54:1-35c).

GREEN BUILDING STRATEGIES

Those strategies that minimize the impact of development on the environment, and enhance the health, safety and well-being of residents by producing durable, low-maintenance, resource-efficient housing while making optimum use of existing infrastructure and community services.

TOWNSHIP

The Township of Hazlet.

Residential Development Fees.

Imposition of Fees.

Within the Township of Hazlet, all residential developers, except for developers of the types of developments specifically exempted below and developers of developments that include affordable housing, shall pay a fee of 1.5% of the equalized assessed value for all new residential development provided no increased density is permitted. Development fees shall also be imposed and collected when an additional dwelling unit is added to an existing residential structure; in such cases, the fee shall be calculated based on the increase in the equalized assessed value of the property due to the additional dwelling unit.

When an increase in residential density is permitted pursuant to a "d" variance granted under N.J.S.A. 40:55D-70d(5), developers shall be required to pay a "bonus" development fee of 6% of the equalized assessed value for each additional unit that may be realized, except that this provision shall not be applicable to a development that will include affordable housing. If the zoning on a site has changed during the two-year period preceding the filing of such a variance application, the base density for the purposes of calculating the bonus development fee shall be the highest density permitted by right during the two-year period preceding the filing of the variance application.

Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.

Eligible Exactions, Ineligible Exactions and Exemptions for Residential Developments.

Affordable housing developments, developments where the developer is providing for the construction of affordable units elsewhere in the municipality, and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.

Developments that have received preliminary or final site plan approval prior to the adoption of a municipal development fee ordinance shall be exempt from development fees, unless the developer seeks a substantial change in the approval. However, a residential development fee shall be imposed retroactively upon the development of Block 65, Lots 1.01 through 1.26 upon the entry of an Order or Judgment in the Matter entitled Devino and Jackiewicz, LLC v. Township of Hazlet. Where a site plan approval does not apply, a zoning and/or building permit shall be synonymous with preliminary or final site plan approval for this purpose. The fee percentage shall be vested on the date that the building permit is issued.

Owner-occupied residential structures demolished and replaced as a result of a fire, flood, or natural disaster shall be exempt from paying a development fee.

Developers of houses of worship and other uses that are entitled to exemption from New Jersey real property tax shall be exempt from the payment of a development fee, provided that such development does not result in the construction of any additional housing or residential units, including assisted living and continuing care retirement communities.

A development shall be exempt from an increase in the percentage of the development fee, provided the building permit was issued prior to the effective date of this section, or prior to any subsequent ordinance increasing the fee percentage. The developer shall have the right to pay the fee based on the percentage in effect on the date the building permit was issued.

With the exception of the construction of an accessory additions, alterations or improvements made to existing structures resulting in an increase in the equalized assessed value totaling less than $200,000 shall be exempt if:

(i)

The addition(s) increases the square footage of an existing structure by less than 50%; or

(ii)

The improvements involve alterations to, or the rebuilding and/or replacement of, less than 50% of the square footage of an existing structure.

(iii)

For purposes of determining eligibility for exemption from the imposition of development fees, all additions, improvements, alterations and any replacement or rebuilding of an existing structure shall be aggregated in determining the total increase in equalized assessed value.

Any development or improvement to structures of owner-occupied property in which there is located an affordable accessory residence. This exemption shall only apply to development or improvements to the property during the period of affordability controls.

The construction of a new accessory building or other structure on the same lot as the principal building shall be exempt from the imposition of development fees if the assessed value of the structure is determined to be less than $100,000.

Non-Residential Development Fees (NRDF).

Imposition of Fees.

Within all zoning districts, non-residential developers, except for developers of the types of developments specifically exempted below, shall pay a fee equal to 2.5% of the equalized assessed value of the land and improvements, for all new non-residential construction on an unimproved lot or lots.

Within all zoning districts, non-residential developers, except for developers of the types of developments specifically exempted below, shall also pay a fee equal to 2.5% of the increase in equalized assessed value resulting from any additions to existing structures to be used for non-residential purposes.

Development fees shall be imposed and collected when an existing structure is demolished and replaced. The development fee of 2.5% shall be collected pursuant to N.J.S.A. 40:55D-8.4 and Form N-RDF.

The nonresidential portion of a mixed-use inclusionary or market rate development shall be subject to the development fee of 2.5% unless otherwise exempted below.

The NRDF collected by the Township for Block 183, Lot 1.01 is ratified.

Any NRDF collected by the Township prior to the Court approval of a Spending Plan are authorized.

Eligible Exactions, Ineligible Exactions and Exemptions for Non-residential Development.

The 2.5% development fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within the existing footprint, reconstruction, renovations and repairs.

Non-residential developments shall be exempt from the payment of non-residential development fees in accordance with the exemptions required pursuant to the Statewide Non-Residential Development Fee Act (N.J.S.A. 40:55D-8.1 through 8.7), as specified in Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption". Any exemption claimed by a developer shall be substantiated by that developer.

A developer of a non-residential development exempted from the non-residential development fee pursuant to the Statewide Non-Residential Development Fee Act shall be subject to the fee at such time as the basis for the exemption no longer applies, and shall make the payment of the non-residential development fee, in that event, within three years after that event or after the issuance of the final Certificate of Occupancy for the non-residential development, whichever is later.

If a property which was exempted from the collection of a non-residential development fee thereafter ceases to be exempt from property taxation, the owner of the property shall remit the fees required pursuant to this section within 45 days of the termination of the property tax exemption, Unpaid non-residential development fees under these circumstances may be enforceable by the Township of Hazlet as a lien against the real property of the owner.

Pursuant to P.L. 2009, c. 90 and P.L.2011, c. 122, the non-residential statewide development fee of 2.5% for non-residential development is suspended for all non-residential projects that received preliminary or final site plan approval subsequent to July 17, 2008 until July 1, 2013, provided that a permit for the construction of the building has been issued prior to January 1, 2015.

Collection Procedures.

Upon the granting of a preliminary, final or other applicable approval for a development, the approving authority or entity shall notify or direct its staff to notify the Construction Official responsible for the issuance of a Construction Permit.

For non-residential developments only, the developer shall also be provided with a copy of Form N-RDF "State of New Jersey Non-Residential Development Certification/Exemption" to be completed as per the instructions provided. The developer of a non-residential development shall complete Form N-RDF as per the instructions provided. The Construction Official shall verify the information submitted by the non-residential developer as per the instructions provided in the Form N-RDF. The Tax Assessor shall verify exemptions and prepare estimated and final assessments as per the instructions provided in Form N-RDF.

The Construction Official responsible for the issuance of a Construction Permit shall notify the Township Tax Assessor of the issuance of the first Construction Permit for a development which is subject to a development fee.

Within 90 days of receipt of such notification, the Township Tax Assessor shall prepare an estimate of the equalized assessed value of the development based on the plans filed.

The Construction Official responsible for the issuance of a final Certificate of Occupancy shall notify the Township Tax Assessor of any and all requests for the scheduling of a final inspection on a property which is subject to a development fee.

Within 10 business days of a request for the scheduling of a final inspection, the Township Tax Assessor shall confirm or modify the previously estimated equalized assessed value of the improvements associated with the development; calculate the development fee; and thereafter notify the developer of the amount of the fee.

Should the Township of Hazlet fail to determine or to notify the developer of the amount of the development fee within 10 business days of the request for final inspection, the developer may estimate the amount due and pay that estimated amount consistent with the dispute process set forth in Subsection b. of Section 37 of P.L. 2008, c.46 (C.40:55D-8.6).

The fees for residential and non-residential developments shall be collected at the time of issuance of the Certificate of Occupancy.

[Amended 6-27-2023 by Ord. No. 1714-23]

Appeal of Development Fees.

A developer may challenge residential development fees imposed by filing a challenge with the County Board of Taxation. Pending a review and determination by the Board, collected fees shall be placed in an interest bearing escrow account by the Township of Hazlet. Appeals from a determination of the Board may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S. 54:48-1, et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

A developer may challenge non-residential development fees imposed by filing a challenge with the Director of the Division of Taxation. Pending a review and determination by the Director, which shall be made within 45 days of receipt of the challenge, collected fees shall be placed in an interest bearing escrow account by the Township of Hazlet. Appeals from a determination of the Director may be made to the tax court in accordance with the provisions of the State Tax Uniform Procedure Law, R.S.54:48-1, et seq., within 90 days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

Affordable Housing Trust Fund.

There is hereby created a separate, interest-bearing Affordable Housing Trust Fund to be maintained by the Chief Financial Officer of the Township of Hazlet for the purpose of depositing development fees collected from residential and non-residential developers and proceeds from the sale of units with extinguished controls.

The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:

Payments in lieu of on-site construction of a fraction of an affordable unit, where permitted by ordinance or by agreement with the Township of Hazlet;

Funds contributed by developers to make 10% of the adaptable entrances in a townhouse or other multistory attached dwelling unit development accessible;

Rental income from municipally operated units;

Repayments from affordable housing program loans;

Recapture funds;

Proceeds from the sale of affordable units; and

Any other funds collected in connection with Hazlet Township's affordable housing program.

In the event of a failure by the Township of Hazlet to comply with trust fund monitoring and reporting requirements or to submit accurate monitoring reports; or a failure to comply with the conditions of the judgment of compliance or a revocation of the judgment of compliance; or a failure to implement the approved Spending Plan and to expend funds within the applicable required time period as set forth in In re Tp. of Monroe, 442 N.J. Super. 565 (Law Div. 2015) (aff'd 442 N.J. Super. 563); or the expenditure of funds on activities not approved by the Court; or for other good cause demonstrating the unapproved use(s) of funds, the Court may authorize the State of New Jersey, Department of Community Affairs, Division of Local Government Services (LGS), to direct the manner in which the funds in the Affordable Housing Trust Fund shall be expended, provided that all such funds shall, to the extent practicable, be utilized for affordable housing programs within the Township of Hazlet, or, if not practicable, then within the County or the Housing Region.

Any party may bring a motion before the Superior Court presenting evidence of such condition(s), and the Court may, after considering the evidence and providing the municipality a reasonable opportunity to respond and/or to remedy the non-compliant condition(s), and upon a finding of continuing and deliberate non-compliance, determine to authorize LGS to direct the expenditure of funds in the Trust Fund. The Court may also impose such other remedies as may be reasonable and appropriate to the circumstances.

Interest accrued in the Affordable Housing Trust Fund shall only be used to fund eligible affordable housing activities approved by the Court.

Use of Funds.

The expenditure of all funds shall conform to a Spending Plan approved by the Court. Funds deposited in the Affordable Housing Trust Fund may be used for any activity approved by the Court to address the Township of Hazlet's fair share obligation and may be set up as a grant or revolving loan program. Such activities include, but are not limited to: preservation or purchase of housing for the purpose of maintaining or implementing affordability controls; housing rehabilitation; new construction of affordable housing units and related costs; accessory apartments; a market to affordable program; Regional Housing Partnership programs; conversion of existing non-residential buildings to create new affordable units; green building strategies designed to be cost saving and in accordance with accepted national or State standards; purchase of land for affordable housing; improvement of land to be used for affordable housing; extensions or improvements of roads and infrastructure to affordable housing sites; financial assistance designed to increase affordability; administration necessary for implementation of the Housing Element and Fair Share Plan; and/or any other activity permitted by the Court and specified in the approved Spending Plan.

Funds shall not be expended to reimburse the Township of Hazlet for past housing activities.

At least 30% of all development fees collected and interest earned on such fees shall be used to provide affordability assistance to low- and moderate-income households in affordable units included in the municipal Fair Share Plan. One-third of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning 30% or less of the median income for Housing Region 4, in which Hazlet Township is located.

Affordability assistance programs may include down payment assistance, security deposit assistance, low interest loans, rental assistance, assistance with homeowners association or condominium fees and special assessments, and assistance with emergency repairs. The specific programs to be used for affordability assistance shall be identified and described within the Spending Plan.

Affordability assistance to households earning 30% or less of median income may include buying down the cost of low or moderate income units in the municipal Fair Share Plan to make them affordable to households earning 30% or less of median income. The specific programs to be used for very low income affordability assistance shall be identified and described within the Spending Plan.

Payments in lieu of constructing affordable housing units on site, if permitted by ordinance or by agreement with the Township of Hazlet, and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.

The Township of Hazlet may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including its programs for affordability assistance.

No more than 20% of all revenues collected from development fees may be expended on administration, including, but not limited to, salaries and benefits for municipal employees or consultants' fees necessary to develop or implement a new construction program, prepare a Housing Element and Fair Share Plan, and/or administer an affirmative marketing program or a rehabilitation program.

In the case of a rehabilitation program, the administrative costs of the rehabilitation program shall be included as part of the 20% of collected development fees that may be expended on administration.

Administrative funds may be used for income qualification of households, monitoring the turnover of sale and rental units, and compliance with COAH's monitoring requirements. Legal or other fees related to litigation opposing affordable housing sites or related to securing or appealing a judgment from the Court are not eligible uses of the Affordable Housing Trust Fund.

Monitoring. The Township of Hazlet shall provide annual reporting of Affordable Housing Trust Fund activity to the State of New Jersey, Department of Community Affairs, Council on Affordable Housing or Local Government Services or other entity designated by the State of New Jersey, with a copy provided to Fair Share Housing Center and posted on the municipal website, using forms developed for this purpose by the New Jersey Department of Community Affairs, Council on Affordable Housing or Local Government Services. The reporting shall include an accounting of all Affordable Housing Trust Fund activity, including the sources and amounts of funds collected and the amounts and purposes for which any funds have been expended. Such reporting shall include an accounting of development fees collected from residential and non-residential developers, payments in lieu of constructing affordable units on site (if permitted by ordinance or by agreement with the Township), funds from the sale of units with extinguished controls, barrier free escrow funds, rental income from Township owned affordable housing units, repayments from affordable housing program loans, and any other funds collected in connection with Hazlet Township's affordable housing programs, as well as an accounting of the expenditures of revenues and implementation of the Spending Plan approved by the Court.

Ongoing Collection of Fees.

The ability for the Township of Hazlet to impose, collect and expend development fees shall expire with the expiration of the repose period covered by its Judgment of Compliance unless the Township of Hazlet has first filed an adopted Housing Element and Fair Share Plan with the Court or with a designated State administrative agency, has petitioned for a Judgment of Compliance from the Court or for Substantive Certification or its equivalent from a State administrative agency authorized to approve and administer municipal affordable housing compliance and has received approval of its Development Fee Ordinance from the entity that will be reviewing and approving the Housing Element and Fair Share Plan.

If the Township of Hazlet fails to renew its ability to impose and collect development fees prior to the expiration of its Judgment of Compliance, it may be subject to forfeiture of any or all funds remaining within its Affordable Housing Trust Fund. Any funds so forfeited shall be deposited into the "New Jersey Affordable Housing Trust Fund" established pursuant to Section 20 of P.L. 1985, c. 222 (C. 52:27D-320).

The Township of Hazlet shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its Judgment of Compliance, nor shall the Township of Hazlet retroactively impose a development fee on such a development. The Township of Hazlet also shall not expend any of its collected development fees after the expiration of its Judgment of Compliance.