The purpose of this chapter shall be to provide
rules, regulations and standards to guide land subdivision in the
Township of Springfield in order to promote the public health, safety,
convenience and general welfare of the Township. It shall be administered
to ensure the orderly growth and development, the conservation, protection
and proper use of land and adequate provisions for circulation, utilities
and services.
[Amended 3-13-2024 by Ord. No. 2024-01]
The provisions of this chapter shall be administered
by the Land Development Board in accordance with the Municipal Land
Use Law of 1975, as amended.
For the purpose of this chapter, the terns used
herein are defined as follows:
AISLE
The traveled way by which cars enter and depart parking spaces.
ALLEY
A public or private street primarily designed to serve as
secondary access to the side or rear of those properties whose principal
frontage is on some other street.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat or site plan.
APPROVING AUTHORITY
The Land Development Board of the Township of Springfield,
unless a different agency is designated by ordinance when acting pursuant
to the authority of the Municipal Land Use Law.
[Amended 3-13-2024 by Ord. No. 2024-01]
ASCE
The American Society of Civil Engineers.
ASTM
The American Society for Testing Materials, Philadelphia.
BARRIER CURB
A steep-faced curb intended to prevent encroachments.
BELGIAN BLOCK CURB
A type of paving stone generally cut in a truncated, pyramidal
shape, laid with the base of the pyramid down.
CAPITAL IMPROVEMENT PROGRAM
A proposed schedule of all future projects listed in order
of construction priority, together with cost estimates and the anticipated
means of financing each project.
CARTWAY
The actual road surface area from curbline to curbline, which
may include travel lanes, parking lanes and deceleration and acceleration
lanes. Where there are no curbs, the cartway is that portion between
the edges of the paved, or hard surface, width.
CHANNEL
The bed and banks of a natural stream which convey the constant
or intermittent flow of the stream.
CHANNELIZATION
The straightening and deepening of channels and/or the surfacing
thereof to permit water to move rapidly and/or directly.
COMMON OPEN SPACE
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common space may contain
such complementary structures and improvements as are necessary and
appropriate for the use or enjoyment of residents and owners of the
development.
CUL-DE-SAC
A local street with only one outlet and having the other
end for the reversal of traffic movement.
CULVERT
A structure designed to convey a watercourse not incorporated
in a closed drainage system under a road or pedestrian walk.
CURB
A vertical or sloping edge of a roadway. See also “belgian
block curb,” “barrier curb,” “mountable curb.”
DEDICATION
An act conveying property or an interest thereto.
DESIGN FLOOD
The relative size or magnitude of a major flood of reasonable
expectancy, which reflects both flood experience and flood potential
and is the basis of the delineation of the floodway, the flood hazard
area and the water surface elevations.
DETENTION BASIN
A man-made or natural water collector facility designed to
collect surface and subsurface water in order to impede its flow and
to release the same gradually, at a rate not greater than that prior
to the development of the property, into natural or man-made outlets.
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 any other person
having enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining excavation or landfill; and any use or change in the use
of any building or other structure, land or extension of use of land.
DEVELOPMENT REGULATION
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance or other Township regulation of the use or
development of land, adopted pursuant to the Municipal Land Use Law.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means. This includes control of runoff during
and after construction or development to minimize erosion and sedimentation
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as for drainage and the means necessary
for water supply preservation or prevention or alleviation of flooding.
DRAINAGE SYSTEM
The system through which water flows from the land, including
all watercourses, water bodies and wetlands.
DRIVEWAY
A paved or unpaved area used for ingress or egress of vehicles,
and allowing access from a street to a building or other structure
or facility.
EASEMENT
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public purpose and within which
the owner of the property shall not erect any permanent structures.
ENVIRONMENTAL CONSTRAINTS
Features, natural resources or land characteristics that
are sensitive to improvements and may require conservation measures,
the application of creative development techniques to prevent degradation
of the environment, limited development or in certain instances may
preclude development.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
ESCROW
A deed, bond, money or a piece of property delivered to a
third person to be delivered by him/her to the grantee only upon fulfillment
of a condition.
FENCE
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials.
FINAL APPROVAL
The official action of the Land Development Board taken on
a preliminary approved major subdivision or site plan after all conditions,
engineering plans and other requirements have been completed or fulfilled
and the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
[Amended 3-13-2024 by Ord. No. 2024-01]
FINAL PLAT
The final map of all or a portion of a subdivision which
is presented to the approving agency for final approval in accordance
with these regulations, as well as the New Jersey Map Filing Law,
and which, if approved, shall be filed with the proper County Recording
Officer.
GENERAL DEVELOPMENT PLAN
A plan outlining general, rather than detailed, development
intentions. It describes the basic parameters of a major development
proposal rather than giving full engineering details. As such, it
allows general intentions to be proposed and discussed without the
extensive costs involved in submitting a detailed proposal.
GRADE
The slope of a street or other public way specified in percentage
terms.
GUTTER
A shallow channel, usually set along a curb or the pavement
edge of a road, for purposes of catching and carrying off runoff water.
HISTORIC DISTRICT
One or more historic site and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
HISTORIC SITE
Any real property, man-made structure, natural object or
configuration, or any portion or group of the foregoing, which has
been formally designated in the Master Plan as being of historical,
archaeological, cultural, scenic or architectural significance.
IMPERVIOUS SURFACE
A surface that has been compacted or covered with a layer
of material so that it is highly resistant to infiltration by water.
IMPOUNDMENT
A body of water, such as a pond, confined by a dam, dike,
floodgate or other barrier.
IMPROVED PUBLIC STREET
For subdivision purposes or site plan, any street which complies
in width and construction with Township standards.
IMPROVEMENT
Any man-made, immovable item which becomes part of, placed
upon or is affixed to real estate.
ISLAND
In street design, a raised area usually curbed, placed to
guide traffic, separate lanes or used for landscaping, signing or
lighting.
ITE
The Institute of Transportation Engineers.
LAND
Real property, including improvements and fixtures on, above
or below the surface.
LAND DEVELOPMENT BOARD
The Township Land Development Board established pursuant
to N.J.S.A. 40:55D-23.
[Amended 3-13-2024 by Ord. No. 2024-01]
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
LOT AREA
The size of a lot measured within the lot lines and expressed
in terms of acres or square feet.
LOT FRONTAGE
That portion of a lot extending along a street line.
MAINTENANCE BOND
Any security that is acceptable to the Township Council to
assure the maintenance of approved installations by developers.
MAINTENANCE GUARANTEE
Any security, other than cash, that may be accepted by the
Township for the maintenance of any required improvements.
MANHOLE
An inspection chamber whose dimensions allow easy entry and
exit and working room for a person inside.
MANNING EQUATION
A method for calculating the hydraulic capacity of a conduit
to convey water.
MARGINAL ACCESS STREET
A service street that runs parallel to a higher-order street
which, for purposes of safety, provides access to abutting properties
and separation from through traffic. It may be designed as a residential
access street or subcollector as anticipated daily traffic dictates.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the Township as set forth and adopted by the Land
Development Board pursuant to N.J.S.A. 40:55D-28.
[Amended 3-13-2024 by Ord. No. 2024-01]
MINOR SITE PLAN
A site plan which consists of minor additions, modifications, renovations or changes in use which do not entail a change in the drainage system, an impact on any county facility or the addition of off-street parking pursuant to the provisions of Chapter
215, Zoning, and is in accordance with the definition of minor site plan set forth in N.J.S.A. 40:55D-5.
MINOR SUBDIVISION
Any subdivision containing not more than two new lots and a remainder, with all lots fronting on an existing improved street, not involving a planned development or a new street or road or the extension of Township facilities, not adversely affecting the development of the remainder of the parcel or adjoining property and not in conflict with any provision or portion of the Master Plan, Official Map, Chapter
215, Zoning, or this chapter. If a parcel or tract of land has been granted a minor subdivision approval, it may not be further subdivided as a minor subdivision for a period of two years from the date of the previous minor subdivision approval.
OFFICIAL MAP
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32
et seq. Such map shall be deemed to be conclusive with respect to
the location and width of the streets, public parks and playgrounds
and public drainageways shown thereon.
OFF-SITE
Located outside the lot lines of the lot in question but
within the property, of which the lot is a part, which is the subject
of a development application, or within a contiguous portion of a
street or right-of-way.
OFF-STREET PARKING SPACE
A temporary storage area for a motor vehicle that is directly
accessible to an access aisle, and that is not located on a dedicated
street right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
ON-SITE
Located on the lot in question.
ON-STREET PARKING SPACE
A temporary storage area for a motor vehicle which is located
on a dedicated street right-of-way.
ON-TRACT
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space; provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
PARKING LANE
A lane usually set on the sides of streets, designed to provide
on-street parking for vehicular traffic.
PARKING SPACE
An area provided for the parking of a motor vehicle.
PERC TEST (PERCOLATION TEST)
A test designed to determine the ability of ground to absorb
water, and used in determining the suitability of a soil for drainage
or for the use of a septic system.
PERFORMANCE GUARANTEE
Any security, including cash, which may be accepted by the
Township to ensure installation of required subdivision and/or site
plan improvements; provided that the Township shall not require more
than 10% of the total performance guarantee in cash.
PERVIOUS SURFACE
Any material that permits full or partial absorption of stormwater
into previously unimproved land.
PLANNED DEVELOPMENT
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
PLANNED DEVELOPMENT OVERLAY DISTRICT (PDOD)
The planned development overlay districts as shown on the
Zoning Map, as amended; where planned unit residential development
and residential clusters are permitted and where the clustering of
development between noncontiguous parcels is authorized.
[Added 3-8-2006 by Ord. No. 2006-7]
PLANNED UNIT DEVELOPMENT
An area with a specified minimum contiguous acreage of 10 acres or more, to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public, commercial or industrial areas, in such ranges of ratios of nonresidential uses to residential uses as shall be specified in the Chapter
215, Zoning.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
A form of planned development to be developed as a single
entity according to a plan containing one or more residential clusters,
which may include public or quasi-public uses.
[Amended 3-8-2006 by Ord. No. 2006-7]
PLAT
A map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
40:55D-48 and 40:55D-49 prior to final approval after specific elements
of a development plan have been agreed upon by the Land Development
Board and the applicant.
LAND DEVELOPMENT BOARD
The Township Land Development Board established pursuant
to N.J.S.A. 40:55D-23.
[Amended 3-13-2024 by Ord. No. 2024-01]
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
PRELIMINARY PLAT
The preliminary map indicating the proposed layout of the
subdivision which is submitted to the Land Development Board for preliminary
approval and meeting the requirements of this chapter.
[Amended 3-13-2024 by Ord. No. 2024-01]
PUBLIC DRAINAGEWAY
The lands reserved or dedicated for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the biological as well as drainage function
of the channel and providing for the flow of water to safeguard the
public against flood damage, sedimentation and erosion, to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground, where practical, and to lessen nonpoint
pollution.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to the
Township, Township agency, Board of Education, state or county agency
or other public body for recreational or conservational uses.
PUD
See “planned unit development.”
RESIDENTIAL ACCESS STREET
The lowest order of residential street. Provides frontage
for access to private lots, and carries traffic having destination
or origin on the street itself. Designed to carry traffic at slowest
speed. Traffic volume should not exceed 250 ADT at any point of traffic
concentration. The maximum number of housing units should front on
this class of street. See also "street hierarchy."
RESIDENTIAL CLUSTER
A form of planned residential development to be developed
as a single entity according to a plan and containing residential
housing units that have a private or public open space area as an
appurtenance.
[Added 3-8-2006 by Ord. No. 2006-7]
RESIDENTIAL COLLECTOR STREET
The highest order of residential street. Conducts and distributes
traffic between lower-order residential streets and higher-order streets,
arterials and expressways. Since its function is to promote free traffic
flow, access to homes and parking should be prohibited. Collector
streets should be designed to prevent use as shortcuts by nonneighborhood
traffic. Total traffic volume should not exceed 3,000 ADT. See also
"street hierarchy."
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
RESIDENTIAL SUBCOLLECTOR STREETS
Middle order of residential streets. Provides frontage for
access to lots and carries traffic to and from adjoining residential
access streets. Traffic should have origin or destination in the immediate
neighborhood. Traffic volume should not exceed 500 ADT at any point
of traffic concentration. See also "street hierarchy."
RESUBDIVISION
A.
The further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law; or
B.
The alternation of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instruments.
RETAINING WALL
A structure erected between lands of different elevation
to protect structures and/or to prevent the washing down or erosion
of earth from the upper slope level.
RETENTION BASIN
A pond, pool or basin used for the permanent storage of water
runoff.
RIGHT-OF-WAY
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, gas
pipeline, water main, sanitary or storm sewer main, shade trees or
for another special use.
RURAL PLANNING DISTRICTS
Five delineated areas of the municipality identified by differing
characteristics such as preserved farmland, environmental constraints,
transportation routes and/or historic settlement patterns that give
each area a distinct identifiable character and which separate the
municipality into traditionally accepted communities.
[Added 3-8-2006 by Ord. No. 2006-7]
SCS
The Soil Conservation Service.
SEDIMENTATION
The deposit of soil that has been transported from its site
of origin by water, ice, wind, gravity or other natural means as a
product of erosion.
SEPTIC SYSTEM
An underground system with a septic tank used for the decomposition
of domestic wastes.
SEPTIC TANK
A watertight receptacle that receives the discharge of sewage.
SETBACK
The distance between the street right-of-way line and the
front line of a building, or any projection thereof, excluding uncovered
steps.
SHOULDER
The graded part of the right-of-way that lies between the
edge of the main pavement (main traveled way) and the curbline.
SIDEWALK
A paved path provided for pedestrian use and usually located
at the side of a road within the right-of-way.
SIGHT TRIANGLE
A triangular shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
SITE PLAN
A development plan of one or more lots of which is shown:
A.
The existing or proposed conditions of the lot,
including, but not necessarily limited to, the topography, vegetation,
drainage, floodplains, marshes and waterways.
B.
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting
and screening devices.
C.
Any other information that may reasonably be required in order to make an informed determination pursuant to Chapter
164, Site Plan Review, review and approval of site plans by the Land Development Board, adopted pursuant to N.J.S.A. 40:55D-12.
[Amended 3-13-2024 by Ord. No. 2024-01]
SKETCH PLAT
The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of §
185-18.
STORM SEWER
Any pipe conduit used to collect and carry away stormwater
runoff from the generating source to detention/retention facilities
or receiving streams.
STORMWATER DETENTION
A provision for storage of stormwater runoff and the controlled
release of such runoff during and after a flood or storm.
STREET
A.
Any street, avenue, boulevard, road, land, parkway,
viaduct, drive or other way:
(1)
Which is an existing state, county or municipal
roadway; or
(2)
Which is shown upon a plat heretofore approved
pursuant to law; or
(3)
Which is approved by official action; or
(4)
Which is shown on a plat duly filed and recorded
in the office of the County Recording Officer prior to the appointment
of a Land Development Board and the grant to such Board of the power
to review plats; and
[Amended 3-13-2024 by Ord. No. 2024-01]
B.
Includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas and other areas within the
street lines. For the purpose of this chapter, streets shall be classified
as follows:
(2)
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
(3)
MINOR STREETSThose which are used primarily for access to the abutting properties.
(4)
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from traffic.
(5)
ALLEYSMinor ways which are used primarily for vehicular service access to the back or side of properties otherwise abutting a street.
STREET HIERARCHY
The conceptual arrangement of streets based upon function.
A hierarchical approach to street design classifies streets according
to function, from high traffic arterial roads down to streets whose
function is residential access. Systematizing street design into a
road hierarchy promotes safety, efficient land use and residential
quality.
STREET, LOOP
A street that has its only ingress and egress at two points
on the same subcollector or collector street.
STUB STREET
A portion of a street for which an extension has been proposed
and approved. May be permitted when development is phased over a period
of time, but only if the street in its entirety has been approved
in the preliminary plan.
SUBDIVISION
A.
The division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
if no new streets are created:
(1)
Divisions of land found by the Land Development
Board to be for agricultural purposes where all resulting parcels
are five acres or larger in size.
[Amended 3-13-2024 by Ord. No. 2024-01]
(2)
Divisions of property by testamentary or intestate
provisions.
(3)
Divisions of property upon court order, including,
but not limited to, judgments of foreclosure.
(4)
Consolidation of existing lots by deed or other
recorded instrument.
(5)
The conveyance of one or more adjoining lots,
tracts or parcels of land, owned by the same person or persons and
all of which are found and certified by the administrative officer
to conform to the requirements of the Township development regulations
and are shown and designated as separate lots, tracts or parcels on
the Tax Map.
B.
The term "subdivision" shall also include the
term "resubdivision."
SUBGRADE
The natural ground lying beneath a road.
TRIP
A single or one-way vehicle movement to or from a property
or study area. Trips can be added together to calculate the total
number of vehicles expected to enter and leave a specific land use
or site over a designated period of time.
ULI
The Urban Land Institute.
VARIANCE
Permission to depart from the literal requirements of the
zoning ordinance, pursuant to Subsection b of N.J.S.A. 40:55D-40 and
Subsections c and d of N.J.S.A. 40:55D-70.
Final approval of major subdivisions shall be
as follows:
A. Conformance to standards. The Land Development Board
shall grant final approval if the final plat and development plans
of the application for final approval conform to the standards established
by this chapter for final approval, the conditions of preliminary
approval and the standards prescribed by the Map Filing Law.
[Amended 3-13-2024 by Ord. No. 2024-01]
B. Time for decision. Final approval shall be granted
or denied within 45 days after submission of a complete application
to the administrative officer, or within such further time as may
be consented to by the applicant. Failure of the approving agency
to act within the period prescribed shall constitute final approval,
and a certificate of the administrative officer as to the failure
of the Board to act shall be issued on request of the applicant. Such
certificate shall be sufficient in lieu of written endorsement or
other evidence of approval herein required, and shall be so accepted
by the Burlington County Recording Officer for purposes of filing
subdivision plats.
C. Conditioned on county approval. Whenever review or
approval of the application by the Burlington County Land Development
Board is required by N.J.S.A. 40:27-6.3, the approving agency shall
condition any approval that it grants upon timely receipt of a favorable
report on the application by the Burlington County Land Development
Board or approval by the Burlington County Land Development Board
by its failure to report thereon within the required time period.
[Amended 3-13-2024 by Ord. No. 2024-01]
[Amended 7-14-2004 by Ord. No. 2004-13; 8-8-2018 by Ord. No. 2018-04]
A. Required guarantees; surety. For the purpose of assuring
the installation and maintenance of bondable land development improvements,
as a condition of all final site plan, subdivision, and/or zoning
permit approvals, the Board and/ or Zoning Officer shall require,
as appropriate, and the Township Council shall accept, in accordance
with the standards adopted hereinafter:
(1) The furnishing of a performance guarantee in favor
of the Township in an amount not to exceed 120% of the cost of the
improvement, 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 for any and all bondable items as permitted therein. 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.
(2) The furnishing of a maintenance guarantee in favor
of the Township in an amount not to exceed 15% of the cost of the
improvement, 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 for any and all bondable items as permitted therein.
(3) The
furnishing of a temporary certificate of occupancy guarantee in the
amount of 120% of the cost of installing the remaining improvements
required to be completed before the issuance of a permanent certificate
of occupancy. The scope and amount of such a guarantee will be determined
by the Township Engineer.
(4) The
furnishing of a safety and stabilization guarantee to return the property
to a safe and stable condition or to otherwise implement measures
to protect the public from access to an unsafe or unstable condition.
The amount of such a guarantee shall be $5,000 where the overall bonded
improvements are $100,000 or less. Where the overall bonded improvements
are $100,000 or more, then the Township Engineer shall calculate the
bond amount in accord with the following: $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.
B. Other governmental agencies. In the event that other
governmental agencies or public utilities will automatically 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 Township for such utilities or improvements.
C. Failure to perform; municipal completion. If the required
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.
D. Conformance with municipal standards. All improvements
shall be in accordance with the design standards of the Township Code
or as authorized by a design exception granted by the reviewing board
and shall be subject to inspection and approval by the Township Engineer.
The Township Engineer shall be notified 24 hours prior to the start
of the various phases of the work, and if discontinued, shall again
be notified when the work will be continued.
E. Release or reduction of performance guarantee.
(1) Upon substantial completion of all required improvements,
the obligor may request of the governing body, in writing, by certified
mail addressed 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 pursuant
to this chapter, a list of all uncompleted or unsatisfactorily completed
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 improvements have been completed and which improvements remain
uncompleted in the judgment of the obligor. Thereupon the Township
Engineer shall inspect all 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.
(2) The list prepared by the Township 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 Township 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 Township Engineer and appended to the performance guarantee
pursuant to this chapter.
(3) The
Township Council, by resolution, shall either accept the improvements
determined to be complete and satisfactory by the Township Engineer,
or reject any or all of these improvements upon the establishment
in the resolution of cause for rejection, and shall approve and authorize
the amount of reduction or release to be made in the performance guarantee
relating to the improvements accepted, in accordance with the itemized
cost estimate prepared by the Township Engineer and appended to the
performance guarantee pursuant to this chapter. 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 those accepted
improvements, except for that portion sufficient to secure completion
or correction of the improvements not yet accepted; provided that
30% of the amount of the performance guarantee posted may be retained
to ensure completion and acceptability of all improvements. If any
portion of the required improvements is rejected, the Township shall
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.
F. Inspection fees. The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements, provided that the municipality may require of the developer a deposit for the inspection fees in accordance with §
185-8I.
G. Phasing in sections. In the event that final approval
is by stages or sections of development pursuant to Subsection a of
Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the provisions
of this section shall be applied by stage or section.
H. Dedication and acceptance. To the extent that any
of the improvements have been dedicated to the Township on the subdivision
plat, site plan and/or zoning permit, the municipality shall be deemed,
upon the release of any performance guarantee required hereunder,
to accept dedication for public use any improvements made thereunder,
provided that such improvements have been inspected and have received
final approval by the Township Engineer.
I. Inspection escrow.
(1) The obligor shall reimburse the municipality for reasonable inspection fees paid to the Township Engineer for the inspections of improvements required under §
185-8A; which fees shall not exceed the sum of the amounts set forth in Subsections
I(1)(a) and
(b) of this subsection. The municipality may require the developer to post the inspection fees in escrow in an amount:
(a) Not to exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements that are subject to a performance guarantee under §
185-8A(1); and
(b) Not to exceed 5% of the cost of private site improvements that are
not subject to a performance guarantee under § 198-14A(1),
which cost shall be determined pursuant to section 15 of P.L.1991,
c.256 (N.J.S.A. 40:55D-53.4).
(2) For
those developments for which the inspection fees total less than $10,000,
fees may, at the option of the developer, be paid in two installments.
The initial amount deposited in escrow by a developer shall be 50%
of the inspection fees. When the balance on deposit drops to 10% of
the inspection fees because the amount deposited by the developer
has been reduced by the amount paid to the Township Engineer for inspections,
the developer shall deposit the remaining 50% of the inspection fees.
(3) 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 inspection, the developer shall make additional deposits of 25%
of the inspection fees.
(4) If the municipality determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to §
185-8I(1)(a) through
(b), is insufficient to cover the cost of additional required inspections, the municipality may require the developer to deposit additional funds in escrow provided that the municipality 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.
By the 15th of the month prior to the regular meetings of the approving agency, the developer shall file with the administrative officer at least 15 prints of the minor subdivision map for a minor subdivision, or of the sketch, preliminary or final plat for a major subdivision, of the proposed development for purposes of classification and preliminary discussion, together with the completed application, on forms provided by the Board, and the proper fees as provided for in this chapter and Chapter
91, Fees, §
91-10.
Submission of a sketch plat shall constitute
a request for informal review of a concept plan as provided by N.J.S.A.
40:55D-10.1.
Upon final approval and signing of the final
plat by the Chairperson of the approving agency, the administrative
officer and Board engineer, the applicant shall file the final plat
with the Burlington County Clerk within 95 days from the date of signing
the plat. The approving authority, for good cause shown, may extend
the period of recording for an additional period not to exceed 190
days from the date of signing the plat. Upon filing of the final plat,
the applicant shall provide the administrative officer with one duplicate
Mylar bearing the file number and date of filing and six paper prints
of each sheet of the final plat and final development plans.
In no case shall a building permit be issued
prior to final approval. Before a building permit is issued, the Construction
Code Official shall obtain a copy of the recorded plat bearing the
file number and date filed with the County Clerk and a copy of the
approved development plans.
Prior to the issuance of an occupancy permit,
the Construction Code Official shall obtain, in writing, the approval
of the Township Engineer that all required improvements have been
installed. In the event that such improvements are not completed,
the Construction Code Official may consult with the Township Council
to obtain permission to issue a certificate of occupancy.