Township of Old Bridge, NJ Fees, Professional Review Escrows, Guarantees and Off-Tract Improvements

Residential.

Minor subdivision: $850.

Major subdivision.

Preliminary approval: $850 plus $75 per lot.

Final approval: $850 plus $40 per lot.

Nonresidential.

Minor subdivision: $850.

Major subdivision.

Preliminary approval: $850 plus $175 per acre or portion thereof.

Final approval: $850 plus $90 per acre or portion thereof.

Site plans.

Residential.

Minor site plan: $850.

Major site plan.

Preliminary approval: $850 plus $75 per dwelling unit.

Final approval: $850 plus $40 per dwelling unit.

Nonresidential.

Minor site plan: $850.

Major site plan.

Preliminary approval: $850 plus $175 per acre and $.10 per square foot of gross floor area.

Final approval: $850 plus $90 per acre and $0.05 per square foot of gross floor area.

[3]

Waiver of site plan. Application fee: $150.

General development plan.

Residential: $850 plus $45 per dwelling unit.

Nonresidential: $850 plus $0.06 per square foot of gross floor area.

Amended residential: $850 plus $20 per dwelling unit.

Amended nonresidential: $850 plus $0.03 per square foot of nonresidential gross floor area.

Variances.

Appeals (N.J.S.A. 40:55D-70a): $150.

Interpretation (N.J.S.A. 40:55D-70b): $150.

Bulk (N.J.S.A. 40:55D-70c).

Fee for one setback violation: $225.

Fee for multiple setback violations: $325.

Use (N.J.S.A. 40:55D-70d): $465.

Permit (N.J.S.A. 40:55D-34 and/or 40:55D-36): $150

Conditional use permits: see site plan fees (N.J.S.A. 40:55D-67).

Appeals to governing body: $365.

Certificate of approval, exempt subdivision: $50; $25 for recertification.

Land disturbance permit: $50 plus $10 for each 10 acres in excess of the first 10 acres.

Sign permit: $22 per sign plus annual renewal fee of $22 per sign.

Notice of decision: $30 (other than applicant).

Concept plan: $500 plus $30 per lot or $55 per acre, whichever is greater.

Extension of time of approval (per extension request): $100.

Photocopying charges.

Public records.

First page to 10^th page: $0.75 per page.

Eleventh page to 20^th page: $0.50 per page.

All pages over 20 pages: $0.25 per page.

The above rates shall apply unless otherwise set by state law.

If the Director of the Department of Community Development or his designee finds that there is no risk of damage or mutilation of such records and that it would not be incompatible with the economic and efficient operation of the office and the transaction of public business therein, he may permit any citizen who is seeking to copy more than 100 pages of records to use his own photographic process, approved by the Director of the Department of Community Development or his designee, upon the payment of a reasonable fee, considering the equipment and time involved, to be fixed by the Director of the Department of Community Development or his designee of not less than $10 nor more than $50 per day.

Waiver of fees.

The Township Council may waive the fees of any not-for-profit first aid squad or fire company holding tax-exempt status under the Federal Internal Revenue Code of 1954 [26 U.S.C. § 501(c) or (d)] upon application of said organization confirming its tax-exempt status and upon showing that:

The first aid squad or fire company operates exclusively or primarily within the boundaries of the Township of Old Bridge; and

The action applied for will directly benefit the residents of the Township as a whole.

The Township Council may waive the fees of any governmental or quasi-governmental entity which operates within the municipal boundaries of the Township of Old Bridge, including, but not limited to, the Old Bridge Township Housing Authority and the Old Bridge Township Municipal Utilities Authority.

Zoning permit fees.

New home.

For tract homes from major subdivision: $100.

For individual lot or minor subdivision lot: $200.

Existing home.

Additional level: $50.

Additional footprint: $50.

Dormers: $50.

(d)

Porch: $50.

(e)

Garage conversion to living space: $50.

Garage, carport, pole barn or shed greater than 100 square feet.

Attached: $50.

Detached: $50.

Shed less than 100 square feet: $55.

Fence: $30.

Gazebo: $50.

Deck: $50.

Pools and spas.

In-ground pool: $150.

Aboveground pool: $50.

Hot tub/spa: $30.

(9)

Commercial use change: $100.

(10)

Commercial building: $150.

(11)

Sign: $75.

(12)

Zoning verification letter: $150 per hour.

(13)

Retaining walls: $100.

(14)

Billboard: $500.

[Added 11-22-2010 by Ord. No. 2010-32]

§ 250-105 Professional review fees and escrows.

[Amended 11-2-1992 by Ord. No. 42-92; 9-11-1995 by Ord. No. 47-95; 9-26-1995 by Ord. No. 59-95]

Payments to professionals for services rendered. In addition to the fees set forth in § 250-104, inclusive, an applicant shall be responsible for reimbursing the Township for:

All expenses of professional personnel rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the Municipal Land Use Law, including without limitations:

Charges for reviews by professional personnel of applications and accompanying documents;

Issuance of reports by professional personnel to the approving board setting forth recommendations resulting from the review of any documents submitted by applicant;

Charges for any telephone conference or meeting requested or initiated by applicant, his attorney or any of his experts;

(d)

Review of documents submitted by applicant not required by ordinance and issuance of reports relating thereto;

(e)

Review or preparation of easements, developer's agreements, deeds, or the like;

(f)

Preparation for and attendance at meetings related to any application;

(g)

Preparation of summaries of preapplication and/or concept plan review meetings;

(h)

The preparation of resolutions of memorialization, including, without limitation, resolutions pertaining to an application for general development plan approval pursuant to § 250-16A of this chapter and an application concerning which the resolution must contain a summary of more that two experts testifying on behalf of the applicant in order for the resolution to contain adequate findings of fact and conclusions based thereon pursuant to N.J.S.A. 40:55D-10g.

(i)

The costs of expert advice and/or testimony obtained by the approving board for the purpose of eliciting testimony on the same subject matter of applicant's experts.

Fees or charges to be paid for review of applications for development, review and preparation of documents, inspection of improvements, or other purposes under the New Jersey Municipal Land Use Law shall be based upon a schedule adopted by the Township Council by resolution.

In addition to the aforesaid fees and charges, developers shall also pay such professionals or consultants for actual out-of-pocket expenses incurred, including normal and typical expenses incurred in processing applications and inspecting improvements.

The municipality or approving authority shall not bill the applicant, or charge any escrow account or deposit for any municipal clerical or administrative functions, overhead expenses, meeting room charges, or any other municipal costs and expenses except as provided for in this chapter, nor shall a municipal professional add any such charges to his bill.

The Township Council shall adopt a separate ordinance, at least annually, and from time to time, establishing the hourly base salary for any municipal professional employed by the Township of Old Bridge who reviews application, prepares or reviews documents, inspects improvements, or for other similar purposes under the New Jersey Municipal Land Use Law. Such hourly base salary shall be set as a calculation based upon a forty-hour workweek (or in certain cases, a thirty-five-hour workweek, wherein an employee works less than 40 hours), even though the municipal employee is a managerial employee and/or an overtime exempt employee and/or is compensated on a set annual salary basis.

(6)

Charges for professionals who are employees of the municipality may not exceed 200% of the sum of the products resulting from multiplying (1) the hourly base salary (established by ordinance, as aforesaid) by (2) the number of hours spent by the professional in reviewing the application for development or inspecting the developer's improvements, as the case may be.

(7)

Fees charged by consulting professionals, including those normally utilized by the municipality or approving authority, shall be at the same rate charged as all other work of the same nature by the professional when fees are not reimbursed or otherwise imposed on applicants or developers.

(8)

All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction.

(9)

Review fees shall be charged only in connection with an application for development presently pending before the approving authority, or upon review of compliance with conditions of approval, or review of requests for modification or amendment made by the applicant.

(10)

A professional shall not review items which are subject to approval by any state governmental agency and not under municipal jurisdiction, except to the extent consultation with a state agency is necessary due to the effect of state approvals in the subdivision or site plan.

(11)

Inspection fees shall be charged only for actual work shown on a subdivision or site plan or required by an approving resolution. Professionals inspecting improvements under construction shall charge only for inspections that are reasonably necessary to check the progress and quality of the work, and such inspections shall be reasonably based on the approved development plans and documents.

Notwithstanding any of the above, the amount of inspection fees collected for inspection of the installation of public improvements, before dedication to the Township, shall be determined as provided for in § 250-106K of this chapter and N.J.S.A. 40:55D-53 et seq.

[Added 4-9-2018 by Ord. No. 2018-10]

(12)

If the municipality retains a different professional or consultant in the place of the professional originally responsible for development, application review, or inspection of improvements, the municipality or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the municipality or approving authority shall not bill the applicant or charge the deposit or the escrow account for any such services.

Escrow deposits for review of development applications.

Any applicant for development shall post the following initial sums to be held in escrow:

[Amended 3-11-2002 by Ord. No. 06-02; 3-12-2012 by Ord. No. 2012-05]

Type of Development Application				Professional Review Escrow Fee
Minor subdivision				$500 per lot
Major subdivision:
	Preliminary:
		1 to 50 lots		$2,500 (1st lot) + $100 each additional lot up to 50
		51 to 250 lots		+ $75 each additional lot over 50 up to 250 lots
		Over 250 lots		For all additional lots above 250, $50 per lot
	Final:
		1 to 50 lots		$1,250 (1st lot) + $50 each additional lot
		51 to 250 lots		+ $37.50 each additional lot over 50
		Over 250 lots		+ $25 each additional lot over 250
Minor site plan				$1,000
Major site plan
	Residential — preliminary			$2,500 (1st unit) + plus $100 each additional unit
	Residential — final			$2,500 (1st unit) + $50 each additional unit
	Nonresidential — preliminary
		Less than 1,001 square feet		$3,500
		1,002 — 5,001 square feet		$4,000
		5,002 — 10,001 square feet		$5,000
		More than 10,001 square feet		$7,500
	Nonresidential — final			$3,000
General development plan as per N.J.S.A. 40:55D-45.1
		Less than 100 acres		$5,000
		100 acres to 1,000 acres		$7,500
		1,001 acres and greater		$10,000
		Application to revise or amend General Development Plan		$5,000
Planning permits (pursuant to N.J.S.A. 40:55D-34 and N.J.S.A. 40:55D-35)				$1,500
Appeal (as set forth in N.J.S.A. 40:55D-39a, Appeal from Administrative Official or Agency)				$1,500
Interpretation (pursuant to N.J.S.A. 40:55D-70b)				$1,000
Conceptual review before Planning Board:
	Proposed small-scale development (less than 10 acres)			$1,500
	Proposed large-scale development (more than 10 acres)			$3,000
Yard and bulk variances (pursuant to N.J.S.A. 40:55D-70c)
	Lot variance (application involving only one lot occupied or to be occupied by only one single-family dwelling)			$500
	Application by single- or two-family homeowner of single lot or bulk variance (homeowner application involving remodeling, deck, pool, or expansion of existing home)			$250
	Use variance
			D variance for floor area ratio, height and/or density for a single building	$750
			All other variances sought under N.J.S.A. 40:55D-70d	$2,000
Resubmission of plans (required for all applications)				30% of original escrow fees
Informal technical review - preapplication: Unless waived by administrative officer, escrow fees will be posted as follows:
	Proposed small scale development (less than 10 acres)			$1,500
	Proposed large scale development (more than 10 acres)			$3,000
Special meeting fee. If the applicant requests a special meeting to be scheduled for consideration of an application and the board grants such request, the following additional amount shall be deposited to escrow as a condition for holding the said meeting:
	For each special meeting to be deposited within 24 hours of the granting of the request			$1,500

An application shall be deemed incomplete if the initial sums to be deposited in escrow are not posted.

A developer requesting either a preapplication meeting or concept plan review prior to submitting an application for development shall submit with such request a fee, in addition to that required by § 250-104, in the amount of 30% of the escrow deposit required by this chapter; provided, however, that the combined fee charged under this subsection for a preapplication meeting and a concept plan review in connection with a particular development shall not exceed such 30%. Such fee shall be held in escrow for the uses and purpose described in this § 250-105. The developer shall receive a credit in the amount paid under this § 250-105. The developer shall receive a credit in the amount paid under this subsection against the fee charged for application review escrows at the time of filing its application for development.

No subdivisions plats or deeds, or site plan, shall be signed nor shall any zoning permits, building permits, certificates of occupancy or any other types of permits be issued with respect to any approved application for development until:

All bills for reimbursable services have been received by the municipality from professional personnel rendering the services in connection with such application;

Payment of such bills has been approved by the governing body; and

The applicant has reimbursed the municipality for the excess of such bills over the escrow amount otherwise herein provided for.

In the event the Planning Office determines that the amount remaining in the escrow deposit is insufficient to pay for reasonably anticipated fees and charges of professionals with respect to pending application or development, the Administrative Officer or the Chief Financial Officer shall require the applicant to post additional escrow amount. Said additional amount shall be determined by the Administrative Officer or the Chief Financial Officer and be paid by the applicant prior to advancing to the next step in the approval procedure. The term "next step" shall include in its definition continuance of hearings before the approving board.

[Amended 2-22-2022 by Ord. No. 2022-04]

Deposits for inspection fees. Any developer shall post deposits for reasonably anticipated fees to be paid to the Township Engineer for inspection of improvement as follows:

Unless the reasonably anticipated fees for inspections equal or exceed $10,000, the developer shall post all reasonably anticipated fees for inspection of improvements. Such sums shall be posted as a condition precedent to the signing of any plans or the issuance of any permit.

In the event the reasonably anticipated fees are $10,000 or greater, fees may, at the option of the developer, be paid in four installments. The initial amount deposited by a developer shall be 25% of the reasonably anticipated fees. When the balance on deposit drops to 10% of the reasonably anticipated fees because the amount deposited by the developer has been reduced by the amount paid to the Municipal Engineer for inspection, the developer shall make additional deposits of 25% of the reasonably anticipated fees. The Municipal Engineer shall not perform any inspection if sufficient funds to pay for those inspections are not on deposit. In the event an inspection must be made to protect health or safety for which insufficient sums are on deposit, the Engineer shall render such inspections and charge such work against future replenishment of the escrow fund or against the developer directly.

Financial control and accounting for charges against escrow deposits.

Each payment charged to the deposit for review of applications, review and preparation of documents and inspection of improvements shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service, and for each date the services performed, the hours spent to 1/3 hour increments, the hourly rate and the expenses incurred.

All professionals shall submit vouchers to the Chief Financial Officer of the municipality on a monthly basis in accordance with schedules and procedures established by the Chief Financial Officer of the municipality. The professional shall send an informational copy of all vouchers or statements submitted to the Chief Financial Officer of the municipality simultaneously to the applicant.

If the services are provided by a municipal employee, the municipal employee shall prepare and submit to the Chief Financial Officer of the municipality a statement containing the same information as required on a voucher, on a monthly basis.

The Chief Financial Officer of the municipality shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest earnings, disbursements, and the cumulative balance of the escrow account.

This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis, if monthly charges exceed $1,000.

(6)

If an escrow account or deposit contains insufficient funds to enable the municipality or approving authority to perform required application reviews or improvement inspections, the Chief Financial Officer of the municipality shall provide the applicant with a notice of the insufficient escrow or deposit balance.

(7)

In order for work to continue on the development or the application, the applicant shall within a reasonable time period post a deposit to the account in an amount to be agreed upon by the municipality or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds.

Close-out procedures for escrow deposits.

The following close-out procedure shall apply to all deposits and escrow accounts established under the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.) and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved as provided in Section 41 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-53), in the case of improvement inspection escrows and deposits.

The applicant shall send written notice by certified mail to the Chief Financial Officer of the municipality and the approving authority, and to the relevant municipal professional, that the application or the improvements, as the case may be, are completed.

After receipt of such notice, the professional shall render a final bill to the Chief Financial Officer of the municipality within 30 days, and shall send a copy simultaneously to the applicant.

The Chief Financial Officer of the municipality shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill.

Any balances remaining in the deposit or escrow account, including interest in accordance with Section 1 of P.L. 1985, c. 315 (N.J.S.A. 40:55D-53.1), shall be refunded to the developer along with the final accounting.

Disputes and appeals.

An applicant shall notify in writing the governing body with copies to the Chief Financial Officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for service rendered to the municipality in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).

The governing body, or its designee, shall within a reasonable time period attempt to mediate any disputed charges.

If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the County Construction Board of Appeals established under Section 9 of P.L. 1975, c. 217 (N.J.S.A. 52:27D-127) any charge to an escrow account or a deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the Municipal Engineer pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).

An applicant or his authorized agent shall submit the appeal in writing to the County Construction Board of Appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the municipality, approving authority, and any professional whose charge is the subject of the appeal.

An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional's voucher required by Subsection c of Section 13 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.2), except that if the professional has not supplied the applicant with an informational copy of the voucher, then the applicant shall file his appeal within 60 days from receipt of the municipal statement of activity against the deposit or escrow account required by Subsection c of Section 13 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.2).

(6)

An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually.

(7)

The contract between Old Bridge Township and any outside professional employee who will be paid from developer's escrows shall contain provision requiring reimbursement to the municipality in the event such fees are successfully challenged.

(8)

In the event an applicant disputes any unpaid charge against any escrow account for professional fees or expenses, the professional must justify the reasonableness of such fees and charges to the Chief Financial Officer in order that he pay it.

§ 250-106 Performance, safety and stability and maintenance guarantees.

[Amended 2-21-1995 by Ord. No. 5-95; 4-9-2018 by Ord. No. 2018-10]

Performance guarantee. As a condition of granting final approval of a subdivision or site plan, the approving board shall require for the purpose of assuring the installation and maintenance of public improvements the furnishing of a performance guarantee in favor of the Township in an amount not to exceed 120% of the cost of installation to be determined by the Township Engineer as set forth in Subsection D of this section, for improvements to be dedicated to the Township, as shown on the approved plans or plat, including streets, pavement, gutters, curbs, sidewalks, street lighting, street trees, surveyor's monuments as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46-23-9.9 et seq.),[1] water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements, as well as privately owned perimeter buffer landscaping as required by ordinance or imposed as a condition of approval for each section or phase of development.

At the developer's option, a separate performance guarantee may be posted for the privately owned perimeter buffer landscaping.

In the event that a developer shall seek a temporary certificate of occupancy 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 "temporary certificate of occupancy guarantee" in compliance with the provisions of N.J.S.A. 40:55D-53(1)(c) et seq. The municipal official designated to administer this provision of this section is the Township Engineer.

Should a successive developer request a permit update under the State Uniform Construction Code for the purpose of updating the name and address of the owner of property on a construction permit, as a condition of such permit update, the new owner shall provide replacement performance guarantees, safety and stability guarantees and/or maintenance guarantees as applicable to the then current stage of development.

Editor's Note: N.J.S.A. 46:23-9.7 to 46:23-9.16 were repealed by L. 2011, c. 217, § 2, effective 5-1-2012. See now N,J.S.A. 46-26B-1 et seq.

Safety and stabilization guarantee. The developer shall furnish to the Township a safety and stabilization guarantee to be available to the Township 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 in compliance with the provisions of N.J.S.A. 40:55D-53(1)(d) et seq. and as follows:

At the developer's option, the safety and stabilization guarantee may be provided as a separate guarantee or as a line item in the performance guarantee.

The amount of the safety and stabilization guarantee shall be as follows: for bonded improvements in an amount not exceeding $100,000, the guarantee shall be $5,000. The amount of the safety and stabilization guarantee for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of all the bonded improvements, or applicable phase or stage of development as follows: $5,000 for the first $100,000 of bonded improvements 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.

Maintenance guarantee. As a condition precedent to the issuance of a zoning permit, the approving board shall require the furnishing of a maintenance guarantee to be posted with the governing body as provided for herein. Upon final acceptance of the improvements by the Municipal Engineer consistent with the procedures as outlined in this section and before the release of the performance guarantee by the governing body, the developer shall post a maintenance guarantee with the Township in the amount of 15% of the costs of the installation of the public improvements which are being released. The developer shall also post a maintenance guarantee in an amount not to exceed 15% of the costs of the installation of the following private site improvements: stormwater management system, inflow and water quality structures within the basins, and the outflow pipes and structures of the stormwater management system, if any. Said maintenance guarantee(s) to run for a period of two years after release of the performance guarantee of the improvements if such are dedicated to the public or the date of approval by the Township Engineer if private improvements. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a maintenance guarantee to another governmental agency, no maintenance guarantee shall be required by the municipality for such utilities or improvements. Cash cannot be required as any part of such maintenance guarantee by the approving board, though the developer at its option may so provide all or a portion in cash.

The cost of installation of improvements for the purposes of Subsection A, B and C of this section shall be estimated by the Township Engineer based on documented construction costs for the public improvements prevailing in the general area of the municipality. The developer may appeal the Township Engineer's estimate to the governing body. The governing body shall decide the appeal within 45 days of receipt of the appeal in writing by the Municipal Clerk. After the developer posts a guarantee with the municipality based upon the cost of the installation of improvements as determined by the governing body, he may institute legal action within one year of the posting in order to preserve the right to judicial determination as to the fairness and reasonableness of the amount of the guarantee. The approving board shall, in addition to other acceptable forms of surety, accept performance guarantee, temporary certificate of occupancy guarantee, safety and stability guarantee and maintenance guarantee which is an irrevocable letter of credit if it:

Constitutes an unconditional payment obligation of the issuer running solely to the Township for an express initial period of time in the amount determined pursuant to this section;

Is issued by a banking or savings institution authorized to do and doing business in this state;

Is for a period of time of at least one year; and

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

In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guarantee to another governmental agency, no performance or maintenance guarantee, as the case may be, shall be required for such utilities or improvements.

The time allowed for installation of improvements for which the performance guarantee has been provided may be extended by the governing body by resolution. 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 costs of the installation, which costs shall be determined by the Township Engineer as set forth in Subsection D of this section as of the time of passage of the resolution. Also as a condition of such extension the safety and security guarantee, and any temporary certificate of occupancy guarantee, shall be increased or reduced as applicable.

If the required improvements are not completed or corrected in accordance with the performance guarantee, the safety and stabilization guarantee, or the temporary certificate of occupancy 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 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, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.).

Review and recommendations of Township Engineer.

Upon substantial completion of all required street improvements (except for the top course), appurtenant utility improvements, and the connection of the same to the public system, 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 Subsection A of this section. The request shall indicate which improvements have been completed and which 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 governing body, and shall simultaneously send a copy thereof to the obligor no later than 45 days after receipt of the obligor's request.

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 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 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 Subsection A of this section.

Action of the Township Council, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Township Engineer or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to Subsection A of this section. The 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 governing body, the obligor shall be released from liability pursuant to its performance guarantee and safety and stability guarantee for 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 performance guarantee and safety and stability guarantee posted may be retained to ensure completion of all improvements. Failure of the governing body to send or provide such notification of passage of such resolution 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 guarantee for such improvements.

If the Township Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection H of this section within 45 days from 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 costs of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party. If the Township Council fails to approve or reject the improvements determined by the Township Engineer to be complete and satisfactory or reduce the performance guarantee and safety and security 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 and safety and stability guarantees for the approvable complete and satisfactory improvements in and approval of a reduction in the performance and safety and stability guarantees with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee pursuant to this section, and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.

In the event that the obligor has made a cash deposit with the Township 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 security guarantee, the Township may retain such cash equal to the amount of the remaining safety and security guarantee.

If any portion of the required improvements is rejected, the approving board 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.

The obligor shall reimburse the Township for reasonable inspection fees paid to the Township Engineer for foregoing inspections of improvements, provided that the Township may require of the developer a deposit for the inspection fees in the amount, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements subject to a performance guarantee as determined pursuant to Subsection D of this section and N.J.S.A. 40:55D-53(3)(h) et seq. Further, the Township may also require an escrow fee not to exceed 5% of the costs of the private site improvements that are not subject to the performance guarantee.

If the Township determines that the amount in escrow for the payment of inspection fees, as calculated pursuant to N.J.S.A. 40:55D-53, is insufficient to cover the costs 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 the additional inspections, details the items undertakings that require inspection, estimates the time required for those inspections and estimates the cost for performing those inspections.

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

Prior to the release or reduction of any performance guarantee, the developer shall notify affected owners of property in accordance with this subsection. The developer shall cause to be published a notice of public hearing in a newspaper circulated within the Township of Old Bridge, said publication to be at least 20 days prior to the date of the proposed requested, or by personal service upon all owners of land within the development and upon all owners of land which has contiguous borders to the development. The notice shall state that there will be a public hearing concerning the release or reduction of performance guarantees concerning the said development. The developer shall also send certified mail and regular mail notice to the homeowners' association. The aforesaid certified mail notification to owners of land and the homeowners' association shall be served not less than 20 days prior to the scheduled hearing. The notice shall be on a form provided by the Township Clerk. Any person noticed in accordance with this chapter shall submit his (or her) comments, in writing, to the Township Clerk, at least 12 days prior to the proposed hearing, as well as true copies of the same to the Township Engineer and applicant. As soon thereafter as is practicable, the Township Engineer shall inspect the improvements which are the subject of written public comment. Generally any person who receives actual notification of the hearing to reduce or release performance guarantees must file written public comment to be heard at the hearing. The Council President, in his sole discretion, may choose to recognize any person at the hearing, even if no written comments were submitted by said person at least 12 days prior to the hearing. The Council shall hold a public hearing as set forth in the notice and shall afford members, affected owners and the public the right to speak with regard to the final release or reduction of such performance guarantee.

No reduction in the amount of any performance guarantee shall be granted notwithstanding the installation of improvements, unless the amount of performance guarantee held by the Township is at least 120% of the current cost of installing all remaining improvements for which the performance guarantee was originally posted. The Township Council shall hold only so much of the performance guarantee as is necessary to assure completion of the required improvements in an amount equal to 120% of the current cost calculated by the Township Engineer.

Should the hearing be adjourned to a new date at the applicant's request, notice of such adjournment shall be given by public announcement on the hearing date and by newspaper advertisement and by regular and certified mail service to any homeowners' association. Such newspaper advertisement shall not be on less than five days' notice. At the discretion of the Township Council, it may require notification by certified or regular mail of any adjournment requested by the applicant. If the Township has requested the adjournment, the Township Clerk shall cause the newspaper advertisement to be published in the official Township newspaper.

§ 250-107 Off-tract improvements.

In general.

Pursuant to N.J.S.A. 40:55D-42, an applicant is required to pay, prior to the granting of final subdivision or site plan approval by the approving board, a pro rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities, and easements therefor located outside the property limits of the development in an amount determined hereunder.

The methodology, except for trip generating factors and facility improvement costs, contained in a document entitled "Methodology for Off-Tract Pro-Rata Analysis for the Township of Old Bridge," by Louis Berger Associates, August 1980, as revised, is hereby declared to be expressly incorporated herein and made part of this chapter. A copy of this document is available for inspection in the office of the Township Engineer.

Trip generating factors and facility improvement costs are variables which require periodic adjustments as improvements are installed or as costs change and are not incorporated herein. The Township Engineer shall revise these factors and submit yearly a report to the Planning Board for its review and the approval of the governing body.

Drainage pro rata share.

The drainage pro rata share is intended to apportion the costs of improving culverts and cleaning stream channels in relation to the degree to which a specific development causes the existing culverts and stream channels to become over utilized.

For purposes of this Subsection B, "pro rata share" is defined as the sum of labor, material and engineering design costs needed to increase the capacity of particular culverts above the level needed to accommodate existing development. Labor and material cost for cleaning that portion of the stream channel within the drainage area of any one culvert is included. Pro rata share shall vary with the size and the type of the proposed development, the total amount and type of development within a particular culvert's drainage area and the number of culverts downstream of the proposed development.

A particular developer's pro rata shall be calculated in accordance with the following formula:

	Pro Rata Contribution = (Acres of Land Type) (Runoff Weight for Land Type)
	The sum of all weighted acres for all developable undeveloped land types upstream of the first affected culvert = Cost of Improvement to First Affected Culvert (Acres of Land Type) (Runoff Weight for Land Type)
	The sum of all weighted acres for all developable undeveloped land upstream of the second affected culvert = Cost of Improvement to Second Affected Culvert (Acres of Land Type) (Runoff Weight for Land Type)
	The sum of all weighted acres for all developable undeveloped land types upstream of the third affected culvert = Cost of Improvement to Third Affected Culvert (Acres of Land Type) (Runoff Weight for Land Type)
	The sum of all weighted acres for all developable undeveloped land types upstream of the last affected culvert = Cost of Improvements to Last Affected Culvert.

Transportation pro rata share.

The transportation pro rata share is intended to apportion the cost of making roadway improvements, the need for which is caused by new development. The amount of contributions of a new development is determined in relation to its absolute size and the relative amount of trips produced by the development type.

For purposes of this Subsection C, "pro rata share" is defined as the sum of base cost and adjusted base cost. Base cost consists of the land, labor, material and engineering design costs associated with the construction and/or installation of all traffic improvements needed to increase the capacity of the Township roadways to handle the traffic volumes which will be generated by new developments. Adjusted base cost is the product of the base cost minus the value of benefits accruing to existing property owners by virtue of the proposed traffic improvements.

Pro rata share shall be calculated in accordance with the following formula:

	Pro Rata Contribution	=	(Number of Units of Land Type) (Trip Factor for Land Type) Total trips produced by all currently vacant developable land in the district
	Adjusted base cost of all traffic improvements in the district.

Developer's agreements.

Where approval is conditioned on provision by the applicant of his pro rata share for off-tract improvements necessitated by his development, the board shall require the applicant to enter into a developer's agreement with the Township, setting forth:

A detailed description of exactly which improvements the applicant shall make.

A detailed description of the manner by which the applicant shall install said improvements.

The timing of the construction of any improvements.

The amount of and the manner for providing adequate performance guarantees to insure that the improvements will be installed.

A developer's agreement, as described above, may be either negotiated between the board and the applicant at the hearing, or the board may make the entering into of such an agreement a condition of the applicant's approval, and delegate the responsibility for drafting and negotiating same to the approving board attorney.