[HISTORY: Adopted by the Township Committee
of the Township of Hampton 3-25-1980. Amendments noted where applicable.]
This chapter shall be known as the "Site Plan
Review Ordinance of the Township of Hampton, Sussex County, New Jersey."
[Added 7-31-1984]
As used in this chapter, the following terms
shall have the meanings indicated:
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or permit to build in
a mapped area or for a structure not related to a street.
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.
The approval required prior to issuance of a building permit
or other permit authorizing the development of land.
Any security, other than cash, which may be accepted by a
township for the maintenance of any improvement required by this chapter.
[Added 8-31-1993]
A development plan of one or more lots, determined
by the Planning Board to be minor in scope, and which does not involve:
[Amended 6-28-1994]
A planned development, when permitted.
Any new street.
An installation or extension of any off-tract
improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42.
Industrial uses.
Soil removal uses.
Garden apartments.
Residential uses of more than three units.
Service stations and public garages.
Cemeteries.
Mortuaries.
Public utilities.
Tourist homes.
Wholesale establishments.
Warehouses.
Car washes.
Mental health and drug treatment facilities.
Juvenile and criminal supervision and correction
facilities.
A plan with 10 or more off-street parking spaces,
unless the structures, including the parking lot, are preexisting
and the Planning Board specifically classifies the application as
a minor site plan.
Community residences for the development of
the mentally disabled, shelters for victims of domestic violence,
group homes, family day-care homes and child-care centers, as defined
in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
Townhouses.
Auto repair shops.
Restaurants, where there is no existing sewage
treatment plant serving the proposed use.
Lumber yards.
New and used car sales.
Supermarkets.
Indoor theaters.
Motels.
The within definition is adopted pursuant to
the provisions of N.J.S.A. 40:55D-5 and N.J.S.A. 40:55D-46.1.
Site plan approval for the use of an existing
building is eligible for approval as a minor site plan if no addition
to the building or substantial changes to the exterior of the building
are proposed.
[Added 6-28-1994]
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any security, which may be accepted by a township, including
cash, provided that the township shall not require more than 10% of
the total performance guaranty in cash.
Planned unit development, planned unit residential development,
residential cluster, planned commercial development, planned industrial
development or other similar type development, if permitted.
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,
including front view and elevations of buildings.
Indicates that the preliminary site plan, as submitted, meets
all requirements of applicable township ordinances and confers upon
the applicant all of the benefits provided for in N.J.S.A. 40:55D-49.
The Planning Board.
[Amended 10-26-2021 by Ord. No. 2021-12]
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways.
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, water and sewer facilities, landscaping,
structures and signs, lighting and screening devices.
Any other information that may be reasonably
required in order to make an informed determination pursuant to an
ordinance requiring review and approval of site plans by the Planning
Board.
[Amended 12-8-1981; 3-14-2000 by Ord. No. 2000-1; 10-26-2021 by Ord. No. 2021-12]
Site plan shall be required for the construction
or change in use of any residential, industrial, commercial, public
or quasi-public structure or use or for the change or alteration of
any structure until the site plan has been reviewed and approved by
the Planning Board. This requirement shall be applicable to the removal
of vegetation or disturbance of soil in an area of over 5,000 square
feet and to changes in parking configuration, lighting or traffic
pattern, except that the approval of a site plan for a detached single-family
dwelling and its accessory building or buildings on a lot shall not
be necessary. The Board shall review the proposal, determine whether
or not the applicable standards provided by this chapter have been
observed, note objections to such parts of the plan as do not meet
the standards, make corrections and recommendations for desired changes
to effect compliance with this chapter and be satisfied that the site
plan represents the most desirable alternative for development of
the site in compliance with this chapter and, when satisfied that
the site plan complies with the requirements of this chapter, shall
approve the site plan.
The owner or applicant shall submit 12 black-line
prints in tentative form for discussion purposes to the Secretary
of the Planning Board at least 15 days before the meeting at which
discussion is desired, together with six completed copies of the application
form. If any architectural plans are required to be submitted for
site plan approval, the preliminary plans and elevations shall be
sufficient. Within three days, the Secretary of the Planning Board
shall transmit a copy of the site plan and accompanying papers to:
If the Planning Board requires any substantial
amendment in the layout of improvements proposed by the developer
that have been the subject of a hearing, an amended application for
development shall be submitted and proceeded upon, as in the case
of the original application for development. The Planning Board shall,
if the proposed development complies with this chapter and the Act,
grant preliminary site plan approval.
A.
The applicant shall submit to the administrative officer
a site plan and such other information which is reasonably necessary
to make an informed decision as to whether the requirements necessary
for preliminary major site plan approval have been met. The site plan
and any engineering documents to be submitted shall be required in
tentative form for discussion purposes for preliminary approval of
major site plans. If any architectural plans are required to be submitted
for site plan approval, the preliminary plans and elevations shall
be sufficient. If an application is found to be incomplete, the applicant
shall be notified in writing of the deficiencies therein by the Planning
Board within 45 days of the submission of such application or it shall
be deemed to be properly submitted. When it has been determined by
the Planning Board that an application meets all requirements specified
in this chapter and in the rules and regulations of the Board, the
Planning Board shall immediately certify the application as complete,
and the application shall be deemed to be complete as of the day it
was so certified for the purposes of commencement of the time periods
for actions by the Board.
[Amended 10-26-2021 by Ord. No. 2021-12]
B.
Upon submission of a complete application for a site
plan which involves 10 acres of land or less and 10 dwelling units
or less, the Planning Board shall grant or deny preliminary approval
within 45 days of certification of completeness of such application
or within such further time as may be consented to by the applicant.
Except that if the application for site plan approval also involves
an application for relief pursuant to N.J.S.A. 40:55D-60, the Planning
Board shall grant or deny the approval within 95 days of the date
of certification of a complete application or within such further
time as may be consented to by the applicant.
C.
Upon submission of a complete application for a site
plan which involves more than 10 acres or more than 10 dwelling units
or for a subdivision of more than 10 lots, the Planning Board shall
grant or deny preliminary approval within 95 days of the date of certification
of completeness of such submission or within such further time as
may be consented to by the developer. Otherwise, the Planning Board
shall be deemed to have granted preliminary approval to the site plan.
D.
Any applicant wishing to make a change in an approved
application shall follow the same procedure as the original application.
If the County Planning Board exercises approval authority pursuant
to N.J.S.A. 40:27-12, its action shall be noted on the site plan.
A public hearing and notice in accordance with the Land Use Procedures Ordinance of the township, Chapter 15, shall be held on all site plan applications.
Each site plan submitted shall be at a scale
of one inch equals 50 feet. All plans shall be prepared by a licensed
architect or engineer, including accurate lot lines certified by a
licensed engineer or land surveyor, submitted on one of four of the
following standard sheet sizes: 8 1/2 inches by 13 inches, 30
inches by 42 inches, 24 inches by 36 inches or 15 inches by 21 inches,
and including the following data: (If one sheet is not sufficient
to contain the entire territory, the map may be divided into sections
to be shown on separate sheets of equal sizes, with references on
each sheet to the adjoining sheets.) name of the development and boundaries
of the tract; North arrow; scale; date; Tax Map lot and block numbers;
zoning districts; existing and proposed streets and street names;
contour lines at two-foot intervals in and within 100 feet of the
building under review and within 100 feet of any paved portion of
the tract; existing and proposed streams and easements; total acreage
to 1/100 of an acre; total building coverage in acres and percent
of lot; total number of parking spaces; all dimensions that are needed
to confirm conformity with the Zoning Ordinance, such as but not limited
to buildings, lot lines, setbacks, parking spaces and yard areas;
a small key map giving the general location of the parcel to the remainder
of the municipality; and the site in relation to all remaining lands
in the applicant's ownership; location showing adjacent property owners
and surrounding properties within a distance of 200 feet of the applicant's
property; and the names and addresses of the owner and developer of
the property as well as the name, address and title of the person
or persons preparing the plan.
[Amended 7-31-1984]
A.
A complete application for preliminary approval shall
also consist of the following:
(1)
A properly completed site plan application form.
(2)
The required fees.
(3)
A site plan prepared and certified by a licensed civil
engineer or architect on which the following is set out:
(a)
A survey of the subject property, the scale of which
shall not exceed one inch equals 50 feet.
(b)
Locater map showing the nearest roads and intersections.
(c)
All existing structures, wooded areas and topography
with two-foot intervals, except where the slope exceeds 15%, in which
case, contour intervals may be 10 feet, along with proposed grading
and contours.
(d)
All lot lines, dimensions and area in square feet
and owners of lots within 200 feet if the site and locations of all
structures within 100 feet of the property and, for plans with areas
greater than 50 acres, owners within 500 feet and structures within
200 feet.
(e)
Sidewalks, driveways, streets, easements, watercourses
and rights-of-way, existing and proposed, showing size and locations,
curbing, sight lines and radii.
(f)
Indicate existing zones of the development site and
of any different zones within 200 feet of the property and, for plans
with areas greater than 50 acres, owners within 500 feet and structures
within 200 feet.
(g)
Title, key map, location of development and the name
and address of the record owner and development applicant and tax
map lot and block and the site planner preparing the site development
plan.
(h)
Indicate proposed use or uses of the land and buildings,
including a description of the industrial process to be carried out.
(i)
Scale and graphic scale.
(j)
North arrow, in the same direction on all sheets exclusive
of architectural plans.
(l)
Preliminary architectural plans showing front view
or front elevation of the proposed structure's or structures' first
floor and finished grade elevations at all corners and entrances and
locations of structures with areas, setbacks, side lines and rear
yard distances.
(m)
Preliminary plans for parking, as set forth in § 108-26, lighting, as set forth in § 108-23, loading, signs and landscaping, as set forth in § 108-27 of the Revised General Ordinances of the Township of Hampton, buffering, etc., with dimensions of the parking lot, parking spaces, loading areas, access drives, traffic circulation, types of surface, paving and curbing, lighting specifications and radius of the light source and specific type of landscaping and garbage disposal.
(n)
Any off-tract improvements necessitated by the proposed
development.
(o)
A copy of the soil erosion and sedimentation control plan required by § 91-19 of the Revised General Ordinances of the Township of Hampton.
(p)
Indicate all existing or proposed exterior lighting, freestanding and/or on-building for size, nature of construction, lumens, heights, area and direction of illumination, radius of light source, footcandles produced, as well as the time controls proposed for outdoor lighting and display in accordance with § 108-23 of the Zoning Ordinance.
(q)
Note all existing and proposed signs and their sizes;
nature of construction and location, height and orientation, including
all identification signs, traffic directional signs and arrows, freestanding
and facade signs and time control for sign lighting, if any.
(r)
A detailed landscape plan shall be submitted.
(s)
Comparative table of zoning requirements and development
proposals.
(t)
The proposed location of all drainage, sewage and
water facilities and fire protection facilities, with proposed grades,
sizes, capacities and types of materials to be used, including any
drainage easements acquired or required across adjoining properties.
The method of sewage and waste disposal and waste incineration, if
any, shall be shown, and percolation tests from sufficient locations
on the site to allow a determination of adequacy by the Township Board
of Health where septic tanks and leaching fields are proposed and
permitted shall be included. Such plans shall be reviewed by the Township
Board of Health or the Township Engineer, as applicable, with recommendations
to the Planning Board.
(u)
All public services shall be connected to an approved
public utilities system where one exists. The developer shall arrange
with the servicing utility for the underground installation of the
utilities' distribution supply lines and service connections in accordance
with the provisions of the applicable standard terms and conditions
incorporated as a part of its tariff as the same are then on file
with the State of New Jersey Board of Public Utility Commissioners,
and the developer shall provide the township with four copies of a
final plan showing the installed location of these utilities. The
developer shall submit to the Board, prior to the granting of final
approval, a written instrument from each service utility which shall
evidence full compliance or intended full compliance with the provisions
of this subsection; provided however, that lots which abut existing
streets where overhead electric or telephone distribution supply lines
and service connections have heretofore been installed may be supplied
with electric and telephone service from those overhead lines, but
any new service connections from the utilities' overhead lines shall
be installed underground. In the case of existing overhead utilities,
should a road widening or an extension of service or other such condition
occur as a result of the development and necessitate the replacement
or relocation of such utilities, such replacement or relocation shall
be underground. An installation under this subsection to be performed
by a serving utility shall be exempt from any provisions requiring
performance guaranties and inspection and certification by the Township
Engineer.
(v)
A written description of the proposed operations of
the building or buildings, including the number of employees or members
of nonresidential buildings; the proposed number of shifts to be worked
and the maximum number of employees on each shift; expected truck
and tractor-trailer traffic; emission of noise, glare, air and water
pollution; safety hazards; and anticipated expansion plans incorporated
in the building design.
(w)
Recycling. All site plans shall be prepared to include
an area for the storage and pickup of recyclable materials. All site
plans for the construction of 25 or more units of multifamily residential
housing and any commercial or industrial development proposal for
the utilization of 1,000 square feet or more of land shall include
separate specific facilities for the separation, collection and pickup
of recyclable materials on or within the site. The provisions of the
Hampton Township Recycling Ordinance shall be complied with.
[Added 8-31-1988]
(x)
Wetlands.
[Added 7-25-1989]
[1]
A letter of interpretation from the New Jersey
Department of Environmental Protection indicating the absence of freshwater
wetlands or indicating the presence and verifying delineation of the
boundaries of freshwater wetlands;
[3]
A copy of any application made to the New Jersey
Department of Environmental Protection for any permit concerning a
proposed regulated activity in or around freshwater wetlands.
|
The Planning Board may waive or defer the above
requirements for good cause.
[Amended 10-26-2021 by Ord. No. 2021-12] |
B.
In some circumstances, additional information beyond
the above requirements for a complete application may be required
of the applicant. If so, these should be indicated by the reviewing
board as early in the proceedings as possible for the orderly presentation
of the application.
[Added 7-25-1995[1]]
A complete application for minor site plan shall consist of the items set forth in Schedule B-1A, contained in § 15-30.1 of the Land Use Procedures Ordinance.
[Added 11-27-1984]
A.
The reviewing municipal board may require the applicant
to submit an environmental impact statement in accordance with the
requirements of the Hampton Township ordinances if, in the opinion
of the reviewing municipal board, the information contained in the
environmental impact statement is required in order to make a decision
on the application.
[Amended 8-31-1988; 7-29-1997 by Ord. No. 97-9]
A.
Design standards for residential site plans. The applicant
for site plan approval of a development to be utilized for residential
purposes shall conform to the design standards contained in the New
Jersey Residential Site Improvement Standards contained in N.J.A.C.
5:21-1.1 et seq.
B.
Design standards for nonresidential site plans. The applicant shall comply with the design standards for nonresidential site plans contained in Chapter 108, Zoning, of the Township, including without limitation, §§ 108-23, 108-26 and 108-27, as well as the nonresidential standards of this chapter. Site plans which meet the definition of "major development," as defined in Chapter 109, Stormwater Control, shall also comply with the requirements of Chapter 109, Stormwater Control.
[Amended 4-11-2006 by Ord. No. 2006-7]
C.
In any event, the standards noted above and elsewhere
in this chapter shall be for the general purposes of:
(1)
Enhancing the neighborhood.
(2)
Providing adequate access and off-street parking and
loading facilities for employees and visitors.
(3)
Providing fencing and/or landscaping where reasonably
necessary for safety and/or aesthetic purposes.
(4)
Preventing uses which may or may not tend to endanger
life or property or create hazards from fire, explosion or radiation
or produce objectionable smoke, heat, glare, vibration or noise, whether
or not any of such hazards is confined to the property shown on the
site plan.
(5)
Requiring that all raw materials, fuel, goods in process,
finished goods, machinery, equipment, trucks and other motor vehicles
shall be confined within areas which are either housed or screened
from public view from abutting streets or adjoining residential properties.
(6)
Prohibiting the emission of noxious, toxic or corrosive
fuels, gases or odors or the exhaust of waste into the air of dust
or other substances.
(7)
Providing off-street parking areas which shall meet the construction standards set forth in § 108-26.
(8)
Recycling. All site plans shall be prepared to include
an area for the storage and pickup of recyclable materials. All site
plans for the construction of 25 or more units of multifamily residential
housing and any commercial or industrial development proposal for
the utilization of 1,000 square feet or more of land shall include
separate specific facilities for the separation, collection and pickup
of recyclable materials on or within the site. The provisions of the
Hampton Township Recycling Ordinance[1] shall be complied with.
D.
Compliance with State Highway Access Management Code. Land adjacent to state highways shall be developed in conformity with the State Highway Access Management Code adopted by the Commissioner of Transportation, N.J.A.C. 16:47-1 et seq.; lands adjacent to county roads shall be developed in accordance with the County Access Management Code adopted pursuant to N.J.S.A. 27:16-1; and land abutting township roads shall comply with the requirements relating to access contained in Chapter 88 of the Hampton Township Code, including, without limitation, § 88-14.
[Added 9-8-1998 by Ord. No. 98-7]
[Added 7-31-1984]
A.
Preliminary approval of a site plan, except as provided in Subsection B of this section, shall confer upon the applicant the following rights for a three-year period from the date of the preliminary approval.
(1)
General terms and conditions.
(a)
The general terms and conditions on which preliminary
approval was granted shall not be changed, including but not limited
to:
[1]
Use requirements.
[2]
Layout and design standards for streets, curbs
and sidewalks; lot size.
[3]
Yard dimensions and off-tract improvements.
[4]
Natural resources to be preserved on the site.
[5]
Vehicular and pedestrian circulation; parking
and loading.
[6]
Screening, landscaping and location of structures.
[7]
Exterior lighting, both for safety reasons and
streetlighting.
(2)
The applicant may submit for final approval on or
before the expiration date of preliminary approval the whole or a
section or sections of the preliminary site plan; and
(3)
The applicant may apply for and the reviewing board
may grant extensions on such preliminary approval for additional periods
of at least one year but not to exceed a total extension of two years,
provided that if the design standards have been revised by ordinance,
such revised standards may govern.
B.
C.
The applicant may apply for thereafter and the reviewing
board may thereafter grant an extension to preliminary approval for
such additional period of time as shall be determined by the reviewing
board to be reasonable, taking into consideration:
D.
If the design standards have been revised by ordinance,
such revised standards may govern.
[Added 8-31-1993]
Minor site plan approval shall be deemed to
be final approval of the site plan by the board, provided that the
board may condition such approval upon terms ensuring the provision
of improvements pursuant to N.J.S.A. 40:55D-38, 40:55D-39, 40:55D-41
and 40:55D-53. The zoning requirements and general terms and conditions,
whether conditional or otherwise, upon which minor site plan approval
was granted shall not be changed for a period of two years after the
date of minor site plan approval.
[Added 7-31-1984]
A.
The reviewing board shall grant final approval if
the detailed drawings, specifications and estimates of the application
for final approval conform to the standards established by ordinance
for final approval and the conditions of preliminary approval, provided
that, in the case of a planned development, if and when permitted,
the reviewing body may permit minimal deviations from the conditions
of preliminary approval necessitated by change of conditions beyond
the control of the developer since the date of preliminary approval
without the developer being required to submit another application
for development for preliminary approval.
B.
Final approval shall be granted or denied within 45
days after submission of a complete application to the secretary of
the reviewing board or within such further time as may be consented
to by the applicant. Failure of the reviewing board to act within
the period prescribed shall constitute final approval of the application
for final approval as submitted. A certificate of the secretary of
the reviewing board as to failure of the reviewing board to act shall
be issued on request of the applicant and shall be sufficient in lieu
of the written endorsement or other required evidence of approval.
C.
A final site plan and supporting drawing and documentation
constitute the complete development of the site plan proposal and
become the basis for the construction of the plan and inspection by
the township.
E.
The site plan and any engineering or architectural
documents required shall be in final form and accurate for final approval.
F.
The developer may, at his option, submit a final site
plan in stages to include only a portion of the original preliminary
site plan. Approval of the final site plan for a section shall not
extend the time limit of preliminary approval for the remaining sections.
G.
The appropriate township body shall ensure that any
improvements required for the site plan as a whole, which might have
an adverse effect on an approved section if the remaining sections
were not completed, shall be installed as a condition of approval
for any section. This shall include but not be limited to roads, open
space, recreation, soil and erosion control, landscaping, lighting
and similar improvements.
H.
Notwithstanding any other provisions of this chapter,
the granting of final approval terminates the time period of preliminary
approval for the section granted final approval and authorizes the
issuance of zoning and construction permits by the appropriate officials.
[Added 7-29-1997]
[Added 7-31-1984]
A.
Final site plans are primarily a refinement of preliminary
details by providing final engineering and architectural information
which shall be classified as site plan construction details. Whereas
preliminary site plan data may have been tentative, the final data
shall be accurate.
C.
The applicant shall file with the Clerk of the reviewing
municipal board (the Planning Board) two copies of the subdivision
plat reduced to the current scale of the official Hampton Township
Tax Map encompassing the area of the subdivision or, in the alternative,
reduced to a scale chosen by the Township Engineer. The applicant
shall pay to the Township of Hampton the cost of transferring the
data on the final map including, without limitation, lot lines, easements
to public bodies and conveyances for road purposes. A deposit for
this cost shall be made with the Clerk of the reviewing municipal
board in the amount of $200.
[Added 4-11-1989; amended 10-26-2021 by Ord. No. 2021-12]
[Added 7-31-1984]
A.
The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to § 85-9.1, whether conditionally or otherwise, shall not be changed for a period of two years after the date of final approval. If the developer has followed the standards prescribed for final approval, the reviewing board may extend such period of protection for extensions of one year, but not to exceed three extensions. Notwithstanding any other provisions of this chapter, the granting of final approval terminates the time period of preliminary approval pursuant to § 85-9.1 for the section granted final approval.
B.
In the case of a site plan for a planned development of 50 acres or more or conventional site plan for 150 acres or more, the reviewing board may grant the rights referred to in Subsection A of this section for such period of time, longer than two years, as shall be determined by the reviewing board to be reasonable, taking into consideration:
C.
The developer may apply for thereafter and the reviewing
board may thereafter grant an extension of final approval for such
additional period of time as shall be determined by the reviewing
Board to be reasonable, taking into consideration:
[Added 7-31-1984]
Nothing in this section precludes a developer
from submitting his preliminary and final site plan as one submission,
provided that all requirements of the final site plan shall be adhered
to.
[Added 7-31-1984]
The developer shall undertake construction in
compliance with the approved final site plan. He shall not deviate
from that plan without prior approval of the appropriate township
body, which may require such additional fees as may be necessary.
[Amended 8-26-1986]
As a condition of preliminary site plan approval
or final site plan approval, the reviewing Board may require and shall
accept in accordance with the standards adopted by this chapter for
the purpose of assuring the installation and maintenance of on-tract
improvements.
A.
Performance guaranty.
(1)
The furnishing of a performance guaranty in favor of the township in an amount not to exceed 120% of the cost of installation for improvements it may deem necessary or appropriate, including streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, shade trees, surveyor's monuments, as shown on the final map and required by the Map Filing Law, N.J.S.A. 46:232-9.9 et seq., and 40:55D-53, water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and sedimentation control devices, public improvements of open space and other on-site improvements and landscaping pursuant to § 15-38.1A.
[Amended 4-25-1995]
(2)
The Township Engineer shall itemize the improvements
which he recommends to be bonded for by the applicant. The reviewing
Board shall then establish the improvements to be bonded and forward
a list of the same to the applicant. The applicant shall then forward
an estimate of the cost of such items, including detailed calculations
of the same, to the board and the Township Engineer. The Township
Engineer shall then review these estimates and forward his recommendations
to the reviewing Board, which shall establish the amount of performance
guaranty and maintenance guaranty required. The applicant shall forward
his estimate of the cost of the improvements and calculations within
30 days of a request therefor from the reviewing Board.
B.
The furnishing of a maintenance guaranty 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. In the event that other governmental
agencies or public utilities automatically shall own the utilities
to be installed, or the improvements are covered by a performance
or maintenance guaranty to another governmental agency, no performance
or maintenance guaranty, as the case may be, shall be required for
such utilities or improvements.
Whenever it is required as a condition to subdivision
or site plan approval that a performance guaranty must be furnished
in favor of the municipality in an amount not exceeding 120% of the
estimated cost of any required improvements within a stated time,
the time allowed for installation of the improvements for which the
performance guaranty has been provided may be extended by the Township
Committee by resolution. As a condition of or as part of any such
extension, the amount of any performance guaranty shall be increased
or reduced, as the case may be, to an amount not to exceed 120% of
the cost of the installation as determined as of the time of passage
of the resolution.
Upon substantial completion of all required
appurtenant utility improvements and the connection of the same to
the public system, the obligor may notify the Township Committee in
writing of such completion or substantial completion as provided for
in N.J.S.A. 40:55D-53d, and, after inspection and report of the Municipal
Engineer, the Township Committee may approve, partially approve or
reject the improvements. Where partial approval is granted, the bond
of the obligor may be reduced, provided that 30% of the amount of
the performance guaranty posted may be retained to insure completion
of all improvements. Notice shall be given to the obligor as required
by N.J.R.S. 40:55D-53e.
A.
When all of the required improvements have been completed,
the obligor shall notify the Township Committee in writing, by certified
mail addressed in care of the Township Clerk, of the completion of
such improvements and shall send a copy thereof to the Township Engineer.
Thereupon, the Township Engineer shall inspect all of the improvements
and shall file a detailed report, in writing, with the Township Committee,
indicating either approval, partial approval or rejection of the improvements
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
B.
If the required improvements are not completed or
corrected in accordance with the performance guaranty, 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 improvement.
C.
If any portion of the required improvements is rejected,
the reviewing board may require the obligor to complete such improvements
and, upon completion, the same procedure of notification as set forth
in this section shall be followed.
The Township Committee shall either approve, partially approve or reject the improvements on the basis of the report of the Township Engineer and shall notify the obligor in writing, by certified mail, of the contents of such report and the action of the reviewing board with relation thereto, not later than 65 days after receipt of the notice, in writing, from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved. (See § 109-12.) Failure of the Township Committee to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability pursuant to such performance guaranty.
The applicant shall reimburse the township for
all reasonable inspection fees paid to the Municipal Engineer for
any such inspections and improvements. The applicant shall post a
deposit to be applied toward the cost of said fees as set forth in
the Land Use Procedures Ordinance and the Fee Ordinance of the Township
of Hampton.[1]
Amended 2-25-2020 by Ord. No. 2020-03]
Sections 108-23, 108-26 and 108-27 are incorporated by reference herein. All provisions in Chapter 108 that are authorized by the MLUL for inclusion in site plan review ordinances, including but not limited to engineering and construction design standards relating to the construction of such items of infrastructure as drainage, lighting, streets, utilities, on-site traffic circulation and the like, shall be deemed to be incorporated by reference herein except to the extent any such provision is a zoning regulation pursuant to § 108-6.1A.
[Added 10-10-1989]
Off-tract improvements and/or impact fees may be required as a condition of approval of the development by the reviewing municipal board in accordance with the provisions of § 15-38.3 of the Land Use Procedures Ordinance of the township.
[Amended 7-25-1995]
Any person or entity violating any provision of this chapter or the terms and conditions applicable to any site plan approved by a reviewing municipal board or agency shall be subject to the penalties set forth in § 1-14.1 of the Hampton Township Code.
