[Ord. No. 00-40, 7-24-2000; amended 2-11-2002 by Ord. No. 02-03; 3-12-2007 by Ord. No. 07-11; 8-27-2007 by Ord. No. 07-49; 2-10-2014 by Ord. No. 14-04]
A. 
Fee schedule. Every application for development shall be accompanied by a check payable to the Township of Neptune in accordance with the following schedule:
1. 
Developer's Agreement. Where a Developer's Agreement is required under this Chapter, the developer shall pay $400 for the preparation and/or review of the Developer's Agreement by the Township Attorney as set forth in Section LDO-1004C.
Table 10.1: Application Fees
Type of Application
Administrative Fee
Appeals and Interpretations
$100
Appeal to Governing Body
$250
Conceptual/Informal reviews
$50
Bulk Variances
Residential
$100
Nonresidential
$250 per variance
Use Variances
$750
Conditional Use
$500
Subdivision
Minor
$750
Major
Preliminary
$750 plus $75 per lot
Final
$500 plus $40 per lot
Site Plan
Minor Site Plan
$500
Major Site Plan
Residential
Prelim
$750 plus $60 per dwelling unit
Final
50% of Preliminary
Nonresidential
Prelim
$1,500 plus $50 per acre, plus $0.08 per square foot of proposed building area.
Final
50% of preliminary
General Development Plan
$2,000
Certified List per MLUL 40:55D-12c
$10 or $0.25/name, whichever is greater
Special Meeting
$1,500
Resubmission or Revision Fee
$100 or 40% of original fee, whichever is greater
Tax Map Revisions
$300 plus $25 per lot or unit
Zone Change Request
$250
Appeal to the Township Committee
$250
Tree Removal Permit
For new residential building lots, $25 per tree, up to a maximum of $300 per lot;
For all other properties, $25 per tree up to a maximum of $600 for each acre
Zoning Permit
$35
Historic Preservation Commission Certificate of Appropriateness
$10
Certification of Pre-existing Nonconforming Use (from Administrative Officer or Zoning Board of Adjustment)
$100 per use
Research Letter (from Administrative Officer)
$75
Extension of Approvals
$250
Soil Removal
$100 per lot
Historic Preservation Commission Demolition
(partial or total)
$25
Table 10.2: Escrow Fees
Type of Application
Escrow
Appeals and Interpretations
$750
Conceptual/Informal Board Review
$750
Conceptual/Informal Technical Review
$1,500
Bulk Variances
Residential
$200
Residential Requiring Engineering Review
$750
Nonresidential
$1,250
Use Variances
$1,500
Conditional Use
$2,000
Subdivision
Minor
$4,500
Major
Preliminary
0 to 5 lots: $4,500
6 to 24 lots: $6,000
25 to 100 lots: $8,000
101+: $10,000
Final
50% of Preliminary
Site Plan
Minor Site Plan
$1,500
Major Site Plan
Residential
Prelim
$2,500 plus $25 per dwelling unit
Final
50% of preliminary
Nonresidential
Prelim
$2,500 plus
0 to 5,000 square feet: $1,500
5,001 to 10,000 square feet: $3,500
10,001 to 25,000 square feet: $6,500
25,001 to 75,000 square feet: $8,500
75,000 square feet +: $10,000
Final
50% of preliminary
General Development Plan
Same as Preliminary Site Plan
Certified List
None
Special Meeting
$500
Resubmission or Revision Fee
40% of original fee
Administrative Approval of Changes
$500 per change
Appeal to the Township Committee
None
Issuance of a Permit in Certain Areas
$200
Tree Removal Permit
$500
Zoning Permit/Certificate of Appropriateness
None
Historic Preservation Commission Demolition
$1,800
Review of Architectural elevations by Township Architect (if required by Planning or Zoning Board Officials)
$1,500
Certification of Pre-existing Nonconforming Use (from Administrative Officer or Zoning Board of Adjustment)
None
Extension of Approvals
$1,000
Treatment Works Approval
$500
Soil Removal
$100 for review of an application by the Township Engineer and inspection of the site, plus $0.05 per square foot of area disturbed due to the removal of soil
Plot Plan/Grading Plan and As-built Survey Review
$750 per lot
[Ord. No. 00-40, 7-24-2000; amended 6-14-2004 by Ord. No. 04-22; 10-27-2008 by Ord. No. 08-39; amended in its entirety 6-11-2012 by Ord. No. 12-13]
[Amended 6-11-2012 by Ord. No. 12-13]
A. 
In Holmdel Builder's Association V. Holmdel Township, 121 N.J. 550 (1990), the New Jersey Supreme Court determined that mandatory development fees are authorized by the Fair Housing Act of 1985 (the Act), N.J.S.A. 52:27D-301 et seq., and the State Constitution, subject to the Council on Affordable Housing's (COAH's) adoption of rules.
B. 
Pursuant to P.L. 2008, c. 46, Section 8 (N.J.S.A. 52:27D-329.2) and the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1 through 40:55D-8.7), COAH is authorized to adopt and promulgate regulations necessary for the establishment, implementation, review, monitoring and enforcement of municipal affordable housing trust funds and corresponding spending plans. Municipalities that are under the jurisdiction of the Council or court of competent jurisdiction and have a COAH-approved spending plan may retain fees collected from non-residential development.
C. 
This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance P.L. 2008, c. 46, Sections 8 and 32-38. Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate-income housing. This section shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:97-8.
[Amended 6-11-2012 by Ord. No. 12-13]
A. 
This section shall not be effective until approved by COAH pursuant to N.J.A.C. 5:96-5.1.
B. 
Neptune Township shall not spend development fees until COAH has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and N.J.A.C. 5:96-5.3.
[Amended 6-11-2012 by Ord. No. 12-13]
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 development.
COAH or THE COUNCIL
The New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning consideration in the State.
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 in N.J.A.C. 5:97-8.3.
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 (N.J.S.A. 54:1-35a through 54:1-35c).
[Amended 6-11-2012 by Ord. No. 12-13]
The following residential fees shall be determined annually by resolution of the Township Committee, in accordance with N.J.A.C. 5:97-8.3, limited to the following:
A. 
Imposed Fees.
1. 
Within the all zoning districts, residential developers, except for developers of the types of development specifically exempted below, shall pay a fee up to 1.5% of the equalized assessed value for residential development, provided no increased density is permitted.
2. 
When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d variance") has been permitted, developers may be required to pay a development fee of up to 6% of the equalized assessed value for each additional unit that may be realized. However, 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.
Example. If an approval allows four units to be constructed on a site that was zoned for two units, the fees could equal up to 1.5% of the equalized assessed value on the first two units; and the specified higher percentage up to 6% of the equalized assessed value for the two additional units, provided zoning on the site has not changed during the two-year-period preceding the filing of such a variance application.
B. 
Eligible exactions, ineligible exactions and exemptions for residential development.
1. 
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.
2. 
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.
A "substantial change" is a revision to an approved preliminary or final site plan or subdivision which meets any one of the following limitations:*
(a) 
Five feet of improvements into any yard setback;
(b) 
Seven feet in building height;
(c) 
One percent in floor area ratio;
(d) 
One percent in impervious coverage;
(e) 
Five feet in building spacing or location;
(f) 
Three parking spaces;
(g) 
Five feet in driveway locations;
(h) 
One percent in site disturbances;
(i) 
Five feet in lot line locations;
(j) 
Any change in residential density;
(k) 
Any new variances pursuant to N.J.S.A. 40-55D-70c or d;
(l) 
Any such change encumbered above shall not alter the percentage of low/moderate income housing in an approved project, if applicable.
* A substitution of similar landscaping material, lighting fixtures and signage is not a substantial change as long as there is no change in approved quantities or dimensions.
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.
3. 
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.
4. 
Single family structures new or renovated that result in no additional residential structures;
5. 
Public government agencies and schools, which are classified by the Tax Assessor as exempt from payment of property taxes (Property Classes 15A and 15C), shall be exempt from paying development fees.
[Amended 6-11-2012 by Ord. No. 12-13]
A. 
Upon the granting of a preliminary, final or other applicable approval for a development, the applicable approving authority shall direct its staff to notify the construction official responsible for the issuance of a building permit.
B. 
The construction official responsible for the issuance of a final certificate of occupancy notifies the local assessor of any and all requests for the scheduling of a final inspection on property which is subject to a development fee.
C. 
Within 10 business days of a request for the scheduling of a final inspection, the municipal assessor shall confirm or modify the previously estimated equalized assessed value of the improvements of the development; calculate the development fee; and, thereafter, notify the developer of the amount of the fee.
D. 
Should Neptune Township fail to determine or 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 (N.J.S.A. 40:55D-8.6).
The development fee shall be collected at the issuance of the certificate of occupancy.
E. 
Appeal of development fees.
1. 
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 Neptune Township. 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, N.J.S.A. 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.
2. 
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 Neptune Township. 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, N.J.S.A. 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.
[Amended 6-11-2012 by Ord. No. 12-13]
A. 
There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Chief Financial Officer for the purpose of depositing development fees collected from residential and non-residential developers and proceeds from the sale of units with extinguished controls.
B. 
The following additional funds shall be deposited in the Affordable Housing Trust Fund and shall at all times be identifiable by source and amount:
1. 
Payments in lieu of on-site construction of affordable units;
2. 
Developer contributed funds to make 10% of the adaptable entrances in a townhouse or other multistory attached development accessible;
3. 
Rental income from municipally operated units;
4. 
Repayments from affordable housing program loans;
5. 
Recapture funds;
6. 
Proceeds from the sale of affordable units; and
7. 
Any other funds collected in connection with Neptune Township's affordable housing program.
C. 
Within seven days from the opening of the trust fund account, Neptune Township shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, the bank, and COAH to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).
D. 
All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH.
[Amended 6-11-2012 by Ord. No. 12-13]
A. 
The expenditure of all funds shall conform to a spending plan approved by COAH. Funds deposited in the housing trust fund may be used for any activity approved by COAH to address the Neptune Township'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, rehabilitation, new construction of affordable housing units and related costs, accessory apartment, market to affordable, or regional housing partnership programs, conversion of existing nonresidential 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, or any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through 8.9 and specified in the approved spending plan.
B. 
Funds shall not be expended to reimburse Neptune Township for past housing activities.
C. 
At least 30% of all development fees collected and interest earned 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 median income by region.
1. 
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.
2. 
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.
3. 
Payments in lieu of constructing affordable units on site and funds from the sale of units with extinguished controls shall be exempt from the affordability assistance requirement.
D. 
Neptune Township may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.
E. 
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 consultant fees necessary to develop or implement a new construction program, a Housing Element and Fair Share Plan, and/or an affirmative marketing program. In the case of a rehabilitation program, no more than 20% of the revenues collected from development fees shall be expended for such administrative expenses. 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 objecting to the Council's regulations and/or action are not eligible uses of the Affordable Housing Trust Fund.
[Amended 6-11-2012 by Ord. No. 12-13]
A. 
Neptune Township shall complete and return to COAH all monitoring forms included in monitoring requirements related to the collection of development fees from residential and non-residential developers, payments in lieu of constructing affordable units on site, funds from the sale of units with extinguished controls, barrier free escrow funds, rental income, repayments from affordable housing program loans, and any other funds collected in connection with Neptune Township's housing program, as well as to the expenditure of revenues and implementation of the plan certified by COAH. All monitoring reports shall be completed on forms designed by COAH.
[Amended 6-11-2012 by Ord. No. 12-13]
A. 
The ability for Neptune Township to impose, collect and expend development fees shall expire with its substantive certification unless Neptune Township has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned for substantive certification, and has received COAH's approval of its development fee ordinance. If Neptune Township fails to renew its ability to impose and collect development fees prior to the expiration of substantive certification, it may be subject to forfeiture of any or all funds remaining within its municipal 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 (N.J.S.A. 52:27D-320). Neptune Township shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or judgment of compliance, nor shall Neptune Township retroactively impose a development fee on such a development. Neptune Township shall not expend development fees after the expiration of its substantive certification or judgment of compliance.
[Ord. No. 00-40, 7-24-2000]
A. 
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 an 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 Chapter, the following:
1. 
The furnishing of a performance guarantee in favor of the Township of Neptune 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 LDO-1003B, 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[1] (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.
[1]
Editor's Note: See N.J.S.A. 46:26B-1 et seq.
2. 
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 LDO-1003B, 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.
3. 
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.
B. 
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 LDO-1003B, Determination of Performance Guarantee Estimate, as of the time of the passage of the resolution.
C. 
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.).
[Ord. No. 00-40, 7-24-2000]
A. 
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.
B. 
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.
C. 
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.
[Ord. No. 00-40, 7-24-2000]
A. 
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.
B. 
The Department of Finance shall forward its approval of the form of the performance guarantee for consideration for adoption by the governing body.
C. 
Developer's Agreements. In addition to those requirements of this Chapter, there shall be required on all major subdivisions and all major site plans a Developer's Agreement prepared by the Township Attorney. The terms of said agreement shall be by the general development of the tract, the site plan and/or subdivision approval resolution and the following terms and procedures:
[Added 2-10-2014 by Ord. No. 14-04]
1. 
Any of the terms set forth in this section and this Chapter concerning performance;
2. 
The manner in which the performance guarantee shall be held by the Township with the additional provision that the cash deposit shall be the last amount of security released by the Township so that the entire performance guarantee shall be reduced and released prior to release of any cash deposit posted therein;
3. 
That the developer shall maintain or shall be responsible for having others maintain all roads within the subdivision, which maintenance shall include snow removal, cleanup and repair until final acceptance by the Township, or approval of a Municipal Service Agreement;
4. 
The developer shall be responsible for all garbage and refuse pickup and disposal, including from any buildings or dwellings that may receive a Certificate of Occupancy on any new street, until final acceptance by the Township or approval of a Municipal Service Agreement;
5. 
The developer shall be responsible for the cost and maintenance of all fire hydrants installed on any new street until final acceptance by the Township or approval of a Municipal Service Agreement;
6. 
The developer shall be responsible for all street lighting and the cost of maintaining the same until the date of final acceptance by the Township or approval of a Municipal Service Agreement;
7. 
The developer shall deliver to the Township a Certificate of Insurance for general liability coverage in the amount of not less than $1,000,000/$2,000,000 naming the Township as an additional insured and in the form acceptable to the Township Attorney, which shall remain in effect until the date of final acceptance by the Township;
8. 
The developer, its successors or assigns are required to comply with the Developer's Fee Ordinance of Neptune Township pursuant to this Chapter of the Township of Neptune to the extent applicable. The developer shall make any Affordable Housing Contribution relating to that portion of the development allowed by law and applicable to said development;
9. 
The developer, its successors or assigns shall repair and maintain all decorative lighting fixtures, lighting fixture poles, sidewalks and/or trees installed and approved by final plan, including those decorative lighting fixtures installed and trees planted within the public right-of-way, if any, as required by such plan and not on developer's property;
10. 
Said Developer's Agreement shall be in recordable form and the same shall be recorded in the Clerk's Office of Monmouth County, with the recording fees paid for by the developer;
11. 
The Mayor and Township Committee shall have the right to waive, under appropriate circumstances, any and all of the provisions that may be required by this section and a Developer's Agreement.
[Ord. No. 00-40, 7-24-2000]
A. 
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 Neptune 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 Neptune 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.
B. 
Ten percent 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 10% 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 its obligation shall be binding and conclusive upon the principal.
C. 
Irrevocable letters of credit shall include, but not be limited to, the following provisions:
1. 
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 LDO-1003B, Determination of Performance Guarantee Estimate;
2. 
Is for a period of time of at least two years; and
3. 
Permits the Township to draw upon the letter of credit if the developer fails to furnish another letter of credit which complies with the provisions of this paragraph 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.
[Ord. No. 00-40, 7-24-2000]
A. 
All improvements and utility installations shall be inspected during the time of their installation under the supervision of the Municipal 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 5% of the amount of the cost of installation improvements 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 Municipal 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.
B. 
In no case shall any paving work be done without permission from the Municipal Engineer's office. At least two days' notice shall be given to the Municipal 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.
C. 
The Municipal 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:
1. 
Soil disturbance activities;
2. 
Road subgrade;
3. 
Curb and gutter forms;
4. 
Curbs and gutters;
5. 
Road paving;
6. 
Sidewalk forms;
7. 
Sidewalks;
8. 
Drainage pipes and other drainage structures before backfilling;
9. 
Street name signs;
10. 
Survey monuments; and
11. 
Street trees;
And in the case of site plan inspection:
12. 
Parking lots;
13. 
Lighting;
14. 
Landscaping; and
15. 
Signage.
D. 
A final inspection of all improvements and utilities will be done by the Municipal 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.
E. 
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.
F. 
Improvements installed without notice for inspection shall constitute a valid cause for any of the following actions:
1. 
The issuance of a stop-work order;
2. 
The removal of any improvements not so inspected;
3. 
The payment by the developer of any costs of materials testing by the municipal for the improvements not so inspected;
4. 
The restoration of the site from disturbance caused by the materials testing process.
G. 
Improvements installed contrary to the approved plat shall be a rebuttable presumptive that such approval is null and void.
H. 
The hourly rate for inspections by the Municipal Engineer shall be in accordance with the hourly rate as established by the prevailing contract with the Township of Neptune. The hourly rate for inspections by the Township's Engineering Department shall be as follows:
[Added 2-12-2007 by Ord. No. 07-07; amended 2-10-2014 by Ord. No. 14-02]
1. 
Director of Engineering and Planning: $131.
2. 
Engineering Technician: $84.
3. 
Assistant Engineer: $56.
[Ord. No. 00-40, 7-24-2000]
A. 
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 LDO-1002, 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 LDO-1010B, 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.
B. 
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 LDO-1002, Guarantee Required.
C. 
The Township Committee, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Municipal 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 LDO-1002, Guarantee Required. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution by the 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.
D. 
If the Municipal Engineer fails to send or provide the list and report as requested by the developer pursuant to Section LDO-1007, 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 Municipal Engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
E. 
If the Township Committee fails to approve or reject the improvements determined by the Municipal Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Municipal Engineer's list and report, the 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 Municipal Engineer and appended to the performance guarantee pursuant to (Section LDO-1002, Guarantee Required, Paragraph A); and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
F. 
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.
G. 
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.
H. 
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 Municipal Engineer.
I. 
The developer shall reimburse the municipality for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements, provided that the Township of Neptune 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.
J. 
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.
[Ord. No. 00-40, 7-24-2000]
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 Chapter, 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.
A. 
The Municipal Engineer shall have certified in writing that the improvements are complete and that they comply with the requirements of this Chapter.
B. 
The final plat shall have been approved by the Board.
C. 
Maintenance guarantee.
1. 
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.
2. 
In the event that any other Township or governmental agencies or public utilities automatically win 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.
D. 
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.
E. 
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:
1. 
The street lights have been connected to a public utility;
2. 
The street lights have been installed and accepted for service by the public utility; and
3. 
Certificates of occupancy have been issued for at least 50% of the dwelling units and 50% of the floor area of the non-residential uses by section or phase of development.
Compliance by the municipality with the provisions of this paragraph shall not be deemed to constitute acceptance of the street by the Township.
[Ord. No. 00-40, 7-24-2000; amended 3-12-2007 by Ord. No. 07-11]
A. 
Occupancy permits for any buildings will be issued only when the installation of any curbs, sidewalk, aprons, 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, topsoil and seed for the lot, shade/street trees, unless formally waived by the Municipal Engineer, are installed to serve the lot and structure for which the permit is requested. Applicant shall submit copies of approved tree removal and soil removal permits (if applicable).
B. 
Streets, if installed prior to final approval, shall not be paved until all heavy construction is complete.
[Ord. No. 00-40, 7-24-2000; amended 3-12-2007 by Ord. No. 07-11; 12-22-2016 by Ord. No. 16-47]
A. 
Two signed and sealed copies of individual plot plans in accordance with N.J.A.C. 3:40-7.3 shall be submitted to the Township Engineer to accompany any permit application for any new construction and for any building addition or land disturbance greater than 150 square feet or 50 square feet in Ocean Grove section. The individual plot plan shall be utilized to review the project for adequate drainage and grading and compliance to all applicable Township standards.
B. 
The Township Engineer will review the submitted documents and either disapprove or approve the submitted plot plan. The applicant will be notified if any revisions are required.
C. 
The Construction Official shall not issue any construction permit until the Township Engineer approves the proposed individual plot plan.
D. 
Each individual plot plan shall be drawn to scale of not less than one inch equaling 50 feet, signed and sealed in accordance with N.J.A.C. 13:40-7.3 by a professional licensed to practice in the State of New Jersey, and shall be no smaller than 8 1/2 inches by 14 inches.
E. 
Individual plot plans shall include the following information:
1. 
Bearing and distances.
2. 
North arrow, written and graphic scale.
3. 
Existing/proposed easement and dedications.
4. 
Existing/proposed building, pool, decks, patios, porches, sheds and accessory structures dimensions.
5. 
Existing/proposed sidewalks, driveways and retaining walls.
6. 
Building envelope graphically depicting and dimensioning zoning setback requirements and/or setbacks approved by the Board if (applicable).
7. 
Street name, right-of-way width, pavement width and composition of the street(s) fronting the lot.
8. 
The title block on the plot plan must include the property address, the block and lot number of the property in question and the name of the applicant.
9. 
Limits of clearing and soil disturbance. Show number of trees over four inches diameter to be removed.
10. 
Existing trees to be protected and remain. Include tree replacement plan, if applicable as per Section LDO-525 of this Chapter.[1]
[1]
Editor's Note: See now Ch. 12, Property Maintenance, Section 12-4.
11. 
Location of wetlands, floodplains, stream encroachment lines and/or any other environmental constraints to the property. If there are no wetlands, then a note should be added to the plan stating that no wetlands exist on the subject property.
12. 
Sufficient street elevations, including center line, gutter and top of curb (if applicable); existing and proposed lot elevations to include, at a minimum, property corners, midpoints of property lines, building corners and center of lot; the finished floor, basement and garage floor elevations of the proposed adjacent dwellings, corner elevations and topography within 10 feet of property lines or as far as necessary to determine adequate drainage characteristics. All elevations shall be according to the NGVD (National Geodetic Vertical Datum) and the source of datum so noted. Any specific circumstances for which elevation requirements cannot be met will be subject to review by the Township Engineer and Construction Official on a case-by-case basis. Under no circumstances shall individual lots be graded in such a manner as to redirect stormwater runoff onto an adjacent and/or downstream property or disturb or change the existing drainage patterns of an adjacent lot. Drainage flow arrows shall be provided to clearly depict the directions of stormwater runoff. No grading or the creation of sump conditions shall be permitted on adjacent lot(s) unless permission has been specifically granted, in writing, by the owner of said adjacent lot(s).
13. 
Location of any storm drainage pipes within 25 feet of the property including pipe size, grade and invert.
14. 
Lot grading shall be designed to provide positive runoff with grades at a minimum slope of 1.5%.
15. 
Swales designed to convey surface runoff shall be designed with suitable subgrade material containing well draining sand or gravel, stone, sand mix topsoil or other material acceptable to the Township Engineer. A construction detail shall be included on the plan.
16. 
Utility connections, including, but not limited to, water, sanitary sewer, gas, electric, telephone and cable.
17. 
Elevations, cross sections, details, and dimensions of driveways and retaining walls.
18. 
The plan shall show new or existing utilities to be utilized in accordance with applicable standards.
19. 
Location and direction of all existing and proposed downspouts.
20. 
If sidewalk and/or curbing is proposed details to be provided and sufficient proposed grades to ensure positive drainage.
21. 
A separate road opening permit is required for any disturbance in the Township Right-of-Way.
22. 
Prior Board approval or waiver granted for construction in easements.
23. 
Other items that may be required by the Township Engineer for proper construction of the site.
F. 
Plot plans of Planning Board approved projects still required individual grading plans and shall match the intent of approved subdivision/site plans.
G. 
If a basement is proposed, a subsurface soil investigation certified by a licensed engineer shall be submitted with the plot plan.
H. 
The applicant shall submit a foundation survey to the Zoning Officer prior to an inspection of the foundation for approval and backfilling. This survey shall include the location of the foundation and the actual floor elevations. If the as-built survey establishes locations or elevations different from those submitted in the plot plan, changes in the proposed grading shall be noted. A revised grading plan shall be submitted to the Engineering and Planning Department and a revised building plan to the Construction Official.
I. 
The applicant shall submit one copy of a final as-built survey for new construction, building addition or land disturbance over 150 square feet or 50 square feet for Ocean Grove. Building additions signed and sealed by a professional engineer or land surveyor licensed in the state of New Jersey prior to requesting a final certificate of occupancy (CO) inspection from the Municipal Engineer.
J. 
The as-built plan shall address constructed conditions and/or location of:
1. 
Final grading elevations;
2. 
Roads including curbing and sidewalks;
3. 
Utilities, new or existing;
4. 
Building location (s);
5. 
Driveways and parking lots;
6. 
Location and direction of downspouts;
7. 
Stormwater management facilities, including as-built topographic contours and volume calculations;
8. 
Walls and fences; and
9. 
Lighting;
10. 
Planting(s);
11. 
Signage;
12. 
Refuse Area;
13. 
Other structures or conditions deemed pertinent by the Municipal Engineer.
K. 
Exemption from the requirements of this section for new construction, building addition or land disturbance under 150 square feet or 50 square feet for Ocean Grove requires the approval of the Township Engineer, said exemption to be contingent upon:
1. 
Proof that the subject addition is not in a flood hazard zone.
2. 
A survey locating the existing dwelling and showing the proposed improvements.
3. 
A site inspection by a Township engineering inspector to verify that the proposed addition will not create drainage problems.
4. 
A notarized letter from the property owner stating there will be no adverse drainage impacts.
5. 
Submission of a $75 review fee; in the event that the review of the application does not prove acceptable for an exemption, a full grading plan/plot plan shall be submitted along with required application and fees for review.
[Ord. No. 00-40, 7-24-2000]
A. 
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 Neptune Township. Such off-tract improvements shall be clearly, directly and substantially related to the approved development.
B. 
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.
C. 
Other improvements.
1. 
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.
2. 
The Township Committee, within 30 days after receipt of said list and description, shall determine and advise the Board whether:
(a) 
The improvement or improvements are to be constructed or installed by the municipality:
(i) 
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
(ii) 
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
(b) 
The improvement or improvements are to be constructed or installed by the applicant under a formula for partial reimbursement as hereinafter set forth.
3. 
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.
4. 
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.
D. 
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.
E. 
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.
F. 
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 Section LDO-1002, Guarantee Required.
G. 
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 Chapter 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.
H. 
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.
I. 
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.