[Amended 6-19-2018 by Ord. No. 05-2018]
A.
Performance and/or maintenance guarantees.
(1)
Before filing of final subdivision plats or recording of minor
subdivision deeds or as a condition of final site plan approval, or
as a condition of the issuance of a zoning permit pursuant to N.J.S.A.
40:55D-65, the Township shall require and accept, in accordance with
the standards as contained herein and for the purpose of assuring
the installation and maintenance of any required certain on-tract
or off-tract improvements, the furnishing of a performance and/or
maintenance guarantee(s). No plans will be signed by the Township
Clerk and/or the appropriate administrative authority until and unless
the required performance guarantee has been approved by the Township's
Attorney and Engineer. Any such performance guarantee required by
the Township shall be furnished in favor of the Township in an amount
not to exceed 120% of the costs of installation of only those improvements
required by an approval or developer's agreement, ordinance, or regulation
to be dedicated to a public entity, and that have not yet been installed,
which cost shall be determined by the Township Engineer according
to the method of calculation set forth in the Municipal Land Use Law,
specifically N.J.S.A. 40:55D-53.4 et seq., for the following improvements
as shown on the approved plans or plat: streets, pavement, gutters,
curbs, sidewalk, streetlighting, street trees, surveyor's monuments,
as shown on the final map and as required by the Map Filing Law (N.J.S.A.
46:23-9.9 et seq.; repealed by section 2 of P.L. 2001, c.217) or N.J.S.A.
46:26B-1 through N.J.S.A. 46:26B-8, water mains, sanitary sewers,
community septic systems, water drainage structures, public improvements
of open space, and any grading necessitated by the preceding improvements.
(2)
Logan Township shall also require a performance guarantee to
include within an approved phase or section of a development privately
owned perimeter buffer landscaping, as required by local ordinance
or imposed as a condition of approval. At the developer's option,
a separate performance guarantee may be posted for the privately owned
perimeter buffer landscaping.
(3)
In the event that the developer shall seek a certificate of
occupancy (temporary or not) for a development, unit, lot, building,
or phase of development, as a condition of the issuance thereof, the
developer shall furnish a separate guarantee, referred to herein as
a "temporary certificate of occupancy guarantee," in favor of the
municipality in an amount equal to 120% of the cost of installation
of only those improvements or items which remain to be completed or
installed under the terms of the temporary certificate of occupancy
and which are required to be installed or completed as a condition
precedent to the issuance of the permanent certificate of occupancy
for the development, unit, lot, building or phase of development and
which are not covered by an existing performance guarantee. It shall
include items such as, but not limited to, sidewalks, landscaping
and street trees at subject property, roadway (including surface course)
from the property to the fully improved roadway, water and sewer infrastructure
from the property to main, stormwater conveyance to serve property,
and stormwater management structures/basins for the current project
phase. When uncompleted community facilities, such as recreation,
are to be included in the temporary certificate of occupancy guarantee,
it shall be required to the point of 50% occupancy. Each of these
items shall apply for both residential and nonresidential development.
Upon posting of a temporary certificate of occupancy guarantee, all
sums remaining under a performance guarantee, required pursuant to
this subsection, which relate to the development, unit, lot, building,
or phase of development for which the temporary certificate of occupancy
is sought, shall be released. The scope and amount of the temporary
certificate of occupancy guarantee shall be determined by the municipal
engineer or other designated municipal official. At no time may a
municipality hold more than one guarantee or bond of any type with
respect to the same line item. The temporary certificate of occupancy
guarantee shall be released by the Township upon completion of the
list of outstanding items.
(4)
A developer shall furnish to the Township a safety and stabilization
guarantee in favor of the Township. At developer's option, a safety
and stabilization guarantee may be furnished either as a separate
guarantee or as a line item of the performance guarantee. A safety
and stabilization guarantee shall be available to the municipality
solely for the purpose of returning property that has been disturbed
to a safe and stable condition or otherwise implementing measures
to protect the public from access to an unsafe or unstable condition,
only in the circumstance that:
(a)
Site disturbance has commenced and, thereafter, all work on
the development has ceased for a period of at least 60 consecutive
days following such commencement for reasons other than force majeure;
and
(b)
Work has not recommenced within 30 days following the provision
of written notice by the municipality to the developer of the municipality's
intent to claim payment under the guarantee. The Township will not
provide notice of its intent to claim payment under a safety and stabilization
guarantee until a period of at least 60 days has elapsed during which
all work on the development has ceased for reasons other than force
majeure. The Township shall provide written notice to a developer
by certified mail or other form of delivery providing evidence of
receipt.
(c)
Safety and stabilization guarantee amounts:
[1]
For a development with bonded improvements in an
amount not exceeding $100,000 shall be $5,000.
[2]
For a development with bonded improvements exceeding
$100,000 shall be calculated as a percentage of the bonded improvement
costs of the development or phase of development as follows: $5,000
for the first $100,000 of bonded improvement costs, plus 2.5% of bonded
improvement costs in excess of $100,000 up to $1,000,000, plus 1%
of bonded improvement costs in excess of $1,000,000.
(5)
Performance guarantees shall be provided to the Township with
a minimum 10% cash portion.
B.
Cost estimates of improvements. The Township Engineer shall prepare
an itemized cost estimate of the improvements covered by the performance
guarantee, which itemized cost estimate shall be appended to each
performance guarantee posted by the obligor.
C.
Further provisions.
(1)
The developer shall post with the municipality, prior to the release of a performance guarantee required pursuant to Subsection A of this section, a maintenance guarantee, in an amount not to exceed 15% of the cost of the installation of the public improvements which are being released.
(2)
If required, the developer shall post with the municipality,
upon the inspection and issuance of final approval of the following
private site improvements by the municipal engineer, a maintenance
guarantee in an amount not to exceed 15% of the cost of the installation
of the following private site improvements: stormwater management
basins, in-flow and water quality structures within the basins, and
the out-flow pipes and structures of the stormwater management system,
if any, which cost shall be determined according to the method of
calculation set forth in N.J.S.A. 40:55D-53.4.
(3)
The term of the maintenance guarantee shall be for a period
of two years and shall automatically expire at the end of the established
term. In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed, or the improvements
are covered by the performance or maintenance guarantee to another
governmental agency, no performance or maintenance guarantee, as the
case may be, shall be required by the municipality or such utilities
or improvements.
(4)
Maintenance guarantees shall be provided to the Township with
a minimum 10% cash portion.
D.
Time for improvements to be completed. All on-tract and/or off-tract
improvements, as required, shall be completed by either (a) 18 months
after construction has begun on the development in question or (b)
at such time as one-half of the certificates of occupancy have been
issued in said development, whichever event occurs first. If the development
is to take place in phases or stages, then the same shall apply to
each phase or stage, once construction has begun on the same. In the
event that any or all off-tract and/or on-tract improvements are common
to all phases or stages, and are specific to no single phase or stage,
then all such on-tract and off-tract improvements shall be completed
once one-half of the certificates of occupancy have been issued for
the entire development, regardless of the phases or stages begun or
completed. The time allowed for installation of the guarantee improvements
for which the performance guarantee has been provided may be extended
by resolution of the Township Council. As a condition or as a 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 Township Engineer according to the method of calculation set
forth in N.J.S.A. 40-55D-53.4 as of the time of the passage of the
resolution.
E.
Noncompletion. If the required guarantee improvements are not completed
or corrected in accordance with the performance guarantee, the obligor
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.).
(1)
In no case shall any paving work be done without permission
from the Township Engineer. At least two working days' notice shall
be given to the Township Engineer, or an authorized Township representative,
so that either may be present at the time that the work is to be completed.
(2)
Streets should not be paved with a wearing course until all
heavy construction has been completed. Shade trees shall not be planted
until all grading and earthmoving is completed. The seeding of grass
and the placing of surveyor's monuments shall be among the last operations.
Where berming and/or natural screening is to take place as a buffer
due to the development being along either a Township, county or state
road or highway, and said berming or natural screening is to have
trees or other forms of vegetation, such improvement shall be among
the first to take place in the development and shall be completed
prior to the issuance of the first certificate of occupancy, and all
such trees or other forms of required vegetation shall be fertilized
and sprinklerized in a manner to be approved by the Township's Planner,
so as to insure both the survivability of said trees or vegetation
and to insure the rapid growth of the same.
(3)
The Township Engineer shall be notified prior to the commencement
of each of the following phases of work so that he or she, or an authorized
Township representative, may inspect the following work (which list
shall be neither exclusive not exhaustive):
(a)
Road subgrade;
(b)
Curb and gutter forms;
(c)
Road paving;
(d)
Sidewalk forms;
(e)
Sidewalks;
(f)
Drainage pipes and other drainage construction;
(g)
Street name signs;
(h)
Monuments;
(i)
Fire hydrants;
(j)
Water facilities;
(k)
Sanitary sewers;
(l)
Detention and/or retention basins;
(m)
Topsoil, seeding and planting;
(n)
Underground utilities;
(o)
Recreational and open space amenities;
(p)
Buffering amenities.
(4)
Any improvement installed without notice for inspection having been given pursuant to Subsection E(3), immediately above, shall constitute just cause for:
(a)
Removal of the uninspected improvement at the developer's expense;
(b)
Payment by the developer of any cost for materials testing and
subsequent inspections;
(c)
Restoration by the developer of any improvements distributed
during any material testing; and/or
(d)
Issuance of a stop-work order by the Township Engineer pending
the resolution of any dispute.
(5)
Inspection by the Township of the installation of improvements
and utilities shall not subject the Township to liability, directly
or indirectly, for claims, suits or liability of any kind that may
arise because of defects or negligence during construction, or at
any time thereafter. It shall be the responsibility of the developer,
and the contractors or subcontractors acting under his authority or
control, to maintain safe conditions at all times during construction.
F.
Upon substantial completion of all required street improvements (except
for the top course) and appurtenant utility improvements, and the
connection of the same to the public system, the obligor may request
of the Township Council in writing, by certified mail, return receipt
requested, and in care of the Township Clerk, that the Township Engineer
prepare, in accordance with the itemized cost estimate prepared by
the Township Engineer and appended to the performance guarantee as
hereinbefore set forth, a list of all uncompleted, or unsatisfactorily
completed, guarantee improvements. If such a request is made, the
obligor shall send a copy of the request to the Township Engineer.
The request shall indicate which guarantee improvements have been
completed and which guarantee improvements remain uncompleted in the
judgment of the obligor. Thereupon the Township Engineer shall inspect
all guarantee improvements covered by the obligor's request and shall
file a detailed list and report, in writing, with the Township Council,
and shall simultaneously send a copy thereof to the obligor not later
than 45 days after receipt of the obligor's request.
G.
The list prepared by the Township Engineer shall state, in detail,
with respect to each guarantee improvement determined to be incomplete,
or unsatisfactorily completed, the nature and extent of the incompleteness
of each incomplete improvement, or the nature and extent of, and remedy
for, the unsatisfactory state and nature of each improvement deemed
to have been unsatisfactorily completed. The report prepared by the
Township Engineer shall identify each guarantee 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 Township Engineer
and appended to the performance guarantee as required and set forth
herein.
H.
The Township Council, by resolution, shall either approve the guarantee
improvements determined to be complete and satisfactory by the Township
Engineer, or reject some or all of these guarantee improvements upon
establishment in the resolution of the reason for such rejection,
and shall approve and authorize the amount of reduction to be made
in the performance guarantee relating to the guarantee improvements
accepted, in accordance with the itemized cost estimate prepared by
the Township Engineer and appended to the performance guarantee as
set forth and required herein. 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
Council, the obligor shall be released from all liability pursuant
to its performance guarantee with respect to the 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 total performance guarantee and "safety and
stabilization guarantee" posted may be retained to ensure completion
and acceptability of all improvements. The "safety and stabilization
guarantee" shall be reduced by the same percentage as the performance
guarantee is being reduced at the time of each performance guarantee
reduction.
I.
For the purpose of releasing the obligor from liability pursuant
to its performance guarantee, the amount of the performance guarantee
attributable to each approved guarantee improvement shall be reduced
by the total amount for each such improvement, in accordance with
the itemized costs estimate prepared by the Township Engineer and
appended to the performance guarantee as previously set forth herein,
including any contingency factor applied to the cost of installation.
If the sum of the approved guarantee improvements would exceed 70%
of the total amount of the performance guarantee, then the Township
may retain 30% of the amount of the total performance guarantee and
safety and stabilization guarantee to ensure completion and acceptability
of guarantee improvements, as provided above, except that any amount
of the performance guarantee attributable to guarantee improvements
for which a temporary certificate of occupancy guarantee has been
posted shall be released from the performance guarantee even if such
release would reduce the amount held by the Township below 30%.
J.
If the Township Engineer fails to send or provide the list and report
as requested by the obligor and pursuant to the requirements as herein
set forth, within 45 days of receipt of the request, the obligor 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.
K.
If the Township Council fails to either approve or reject the guarantee
improvements determined by the Township Engineer to be compete 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 obligor may apply to the
court in a summary manner for an order compelling, within a stated
time, approval of the complete and satisfactory improvements and approval
of a reduction in the performance guarantee for the approvable complete
and satisfactory improvements in accordance with the itemized cost
estimate prepared by the Township Engineer and appended to the performance
guarantee as set forth hereinbefore, and the cost of applying to the
court, including reasonable attorney's fees, may be awarded to the
prevailing party.
L.
In the event that the obligator 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, provided that if the developer has furnished
a safety and stabilization guarantee the Township may retain cash
equal to the amount of the remaining safety and stabilization guarantee.
M.
If any portion of the required guarantee improvements is rejected,
the approving authority may require the obligor to complete or correct
such improvements and, upon completion or correction, the same procedure
of notification as set forth in this section shall be followed.
N.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest, by legal proceedings, any determination by
the Township Council or the Township Engineer.
O.
The obligor shall reimburse the Township for reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements; which fees shall not exceed the sum of the amounts set forth in Subsection O(1) and (2) of this subsection. The Township may require the developer to post the inspection fees in escrow the amount:
P.
For those developments for which the inspection fees total less than $10,000, fees may, at the option of the developer, be paid in two installments. In any such event, the initial amount deposited in escrow by the developer shall be equal to 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspections, the developer shall deposit the remaining 50% of the inspection fees. For those developments for which the inspection fees total $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited in escrow by a developer shall be 25% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Township Engineer for inspections, the developer shall make additional deposits of 25% of the inspection fees. If the Township determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to Subsection O(1) and (2) of this section, is insufficient to cover the cost of additional required inspections, the Township may require the developer to deposit additional funds in escrow provided that the Township delivers to the developer a written inspection escrow deposit request, signed by the Township Engineer, which informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections. In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-38, the provisions of this section shall be applied by stage or section.
Q.
To the extent that any of the improvements have been dedicated to
the Township on the subdivision plat or site plan, the Township Council
shall be deemed, upon the release of any performance guarantee required
pursuant to such requirements as have been hereinbefore set forth,
to accept dedication for public use of streets or roads and any other
improvements made thereon according to site plans and subdivision
plats approved by the approving authority, provided that such improvements
have been inspected and have been received final approval by the Township
Engineer.
R.
Standardized form for performance guaranteed, maintenance guarantee,
letter of credit. A standardized form, and accompanying regulations,
in accordance with the provisions of N.J.S.A. 40:55D-53a, -53b, N.J.A.C.
5:39-1.1 and N.J.A.C. 5:39-1.3, shall be utilized for all performance
guarantees, maintenance guarantees, or letters of credit to be used
pursuant to the terms, conditions and requirements of this section.
A.
Payment of fees. The processing of applicants of development shall
be subject to payment of the following application fees, review fees
and inspection fees.
(1)
Application fees. The following fee schedule shall apply with
respect to all applications for development or appeals before the
Planning Board, Zoning Board of Adjustment or the Logan Township Council:
|
Type
|
Fee
|
|---|---|
|
Minor subdivision
|
$250
|
|
Preliminary major subdivision
| |
|
25 lots or less
|
$500
|
|
26 to 100 lots
|
$800
|
|
101 to 500 lots
|
$1,100
|
|
501 to 1,000 lots
|
$1,700
|
|
Over 1,000 lots
|
$2,200
|
|
Final major subdivision
| |
|
25 lots or less
|
$500
|
|
26 to 100 lots
|
$800
|
|
101 to 500 lots
|
$1,100
|
|
501 to 1,000 lots
|
$1,700
|
|
Over 1,000 lots
|
$2,200
|
|
Minor site plan
|
$250
|
|
Preliminary site plan
|
$500
|
|
Final site plan
|
$500
|
|
Preliminary planned development site plan
| |
|
25 units/nonresidential acres or less
|
$1,000
|
|
26 to 100 units/nonresidential acres
|
$1,700
|
|
101 to 500 units/nonresidential acres
|
$2,500
|
|
501 to 1,000 units/nonresidential acres
|
$3,000
|
|
Final planned development site plan
| |
|
25 units/nonresidential acres or less
|
$500
|
|
26 to 100 units/nonresidential acres
|
$850
|
|
101 to 500 units/nonresidential acres
|
$1,250
|
|
501 to 1,000 units/nonresidential acres
|
$1,500
|
|
General development plan
|
$1,000
|
|
Conceptual plan review
|
$100
|
|
Informal concept review (no plans)
|
$75
|
|
Variances
| |
|
Use variance
|
$150
|
|
All other variances, each
|
$100 plus $25 for each additional variance
|
|
Extension of preliminary or final approval
|
$250
|
|
Appeal or interpretations, pursuant to N.J.S.A. 40:55D-70 and
76
|
$150
|
|
Publications of notices of hearing
|
$25 plus costs of publication
|
|
Publication of decisions
|
$25 plus costs of publication
|
|
Transcripts
|
Actual cost
|
|
Appeals to Township Council
|
$100
|
|
Application for waiver of site plan submission
|
$100
|
|
List of persons within 200 feet
|
$10 or $0.25/name, whichever is greater
|
|
Zoning permit
|
$35
|
|
Variance appeals
|
$100 plus advertising and transcript
|
|
Sign permits
|
$50 plus $0.50/square foot plus advertising and transcript cost
|
|
Temporary use permit
|
$50
|
|
Review fees (escrow deposits). In addition to paying the fees
set forth above, the applicant shall pay all costs incurred by the
Planning Board, Zoning Board of Adjustment or Township Council for
review by their engineer, solicitor, planner or other professionals
retained for review purposes. The following fees shall be deposited
into an applicant's escrow account by the applicant simultaneously
with the filing of an application and the following minimum escrow
balances shall be maintained:
[Amended 4-18-2023 by Ord. No. 13-2023] |
(a)
The schedule for escrows to be posted for residential development
site plan applications involving structures shall be as follows:
|
Units
|
Initial Escrow Deposit Fee
|
Minimum Escrow to be Maintained
|
|---|---|---|
|
0 to 5
|
$5,000
|
$0.00
|
|
6 to 20
|
$7,500
|
$3,000
|
|
21 to 49
|
$10,000
|
$4,000
|
|
50 to 100
|
$15,000
|
$5,000
|
|
101 to 1,000
|
$20,000
|
$10,000
|
(b)
The schedule for escrows for preliminary subdivision and major
subdivision applications shall be as follows:
|
Number of lots
|
Initial Escrow Deposit Fee
(Per Lot)
|
Minimum Escrow to be Maintained
|
|---|---|---|
|
1 to 10
|
$5,000
|
$500
|
|
Next additional 50
|
$5,000
|
$2,000
|
|
Next additional 50
|
$5,000
|
$2,000
|
|
Each lot in excess of 110
|
$100
|
$2,000
|
(c)
The schedule for escrows for minor subdivision and/or lot line
adjustment:
|
Number of lots
|
Initial Escrow Deposit Fee
(Per Lot)
|
Minimum Escrow to be Maintained
|
|---|---|---|
|
2
|
$2,500
|
$500
|
|
3
|
$3,000
|
$500
|
|
4
|
$3,500
|
$700
|
|
5 or more
|
$5,000
|
$1,000
|
(d)
The schedule of escrows for commercial/industrial development
site plan applications not involving structures is as follows:
|
Acres
|
Initial Escrow Deposit Fee
|
Minimum Escrow to be Maintained
|
|---|---|---|
|
0 to 3
|
$5,000
|
$2,000
|
|
In excess of 3
|
$7,500
|
$2,000
|
(e)
The schedule of escrows for commercial/industrial site plan
applications involving structures (total floor plan) is as follows:
|
Square feet
|
Initial Escrow Deposit Fee
|
Minimum Escrow to be Maintained
|
|---|---|---|
|
1,250 to 2,500
|
$5,000
|
$2,000
|
|
2,501 to 20,000
|
$7,500
|
$3,000
|
|
In excess of 20,000
|
$10,000
|
$4,000
|
(h)
Preliminary planned development site plan: $4,000 plus $250
per unit or acre of disturbance (or portion thereof) devoted to nonresidential
use.
[1]
Minimum escrow to be maintained: $2,000.
(i)
Final planned development site plant: $5,000 plus $175 per unit or
acre of disturbance (or portion thereof) devoted to nonresidential
use.
[1]
Minimum escrow to be maintained: $2,000.
(l)
General development plan: $5,000 per component plan plus $500
per report and/or schedule.
[1]
Minimum escrow to be maintained: $2,000.
(m)
Use ("d") variances: (A) For proposed commercial/industrial
use on land one acre or larger $5,000; (B) All others $2,500.
[1]
Minimum escrow to be maintained: (A) $1,500 (B)
$500.
(n)
All other variances: $1,500 for first variance, and $250 per
each additional variance.
[1]
Minimum escrow to be maintained: $500.
(o)
Conditional use: $3,500.
(p)
Administrative review: $1,500.
B.
Accounting, refund. Each quarter (January 1, April 1, July 1, and
October 1) of each year, the applicant shall receive an accounting
of the expended funds. Upon completion of the year development, any
unexpended funds shall be returned to the applicant with interest,
if applicable, pursuant to N.J.S.A. 40:55D-53-1.
C.
Replenishment of review fees. Should the initial deposit be reduced
below (a) the minimum escrow balance indicated above, or (b) 25% of
the original review fee (where no minimum escrow balance is stated),
the applicant shall deposit additional sums equal to 50% of the required
fee upon notice from the Township. The Planning Board or Board of
Adjustment shall take no action whatsoever on an application at a
regular meeting or work session when the replenishment fee has not
been paid and shall deny the application if said replenishment fee
is not paid within 30 days after notice to the applicant. Notice shall
be deemed effective upon mailing.
D.
Inspection fees.
(1)
Inspection fees. After site plan or subdivision approval has
been granted and prior to the issuance of any building permit, the
applicant shall tender to the Township of Logan a fee in cash or other
security approved by the municipal attorney, equal to 6% of the Township
Engineer's estimated cost for on-site improvements, which directly
or indirectly affect public streets and land within the Township of
Logan. At the discretion of the governing body and with the advice
of the Township Engineer, the said inspection fee requirement may
be reduced below 6% by resolution. The resolution shall specify the
required inspection fee and shall state the conditions upon which
a demand for replenishment may be made.
(2)
Inspection escrow account. All such fees shall be placed in
a separate account. The signatories for this account shall be countersigned
in the manner of other Township accounts.
(3)
Accounting; refund. Upon completion of the development and all
inspections, or each quarter (January 1, April 1, July 1 and October
1), pending completion of the development, the applicant shall receive
an accounting of the expended funds. Any unexpected funds shall be
returned to the applicant with interest, if applicable, pursuant to
N.J.S.A. 40:55D-53.1.
(4)
Replenishment of inspection fee. Should the initial deposit be reduced to less than 25% of the original inspection fee, replenishment of the inspection fee is required. The applicant shall deposit an additional sum equal to 50% of the fee required in Subsection D(1) above within 30 days after notice from the Township. The Township Treasurer or Assistant Treasurer shall advise the Township Engineer whether the inspection fee escrow fund has been replenished within the thirty-day time period. If the fund has not been replenished within that time, the Engineer shall cease inspection and the construction official shall be instructed not to issue any further construction permits and/or certificates of occupancy for the development.
