Township of Washington, NJ
Gloucester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Washington 10-26-1995 by Ord. No. 26-1995 as Ch. XXI of the 1994 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Site plan review fees — See Ch. 80, Art. I.
Land use procedures — See Ch. 125.
Soil erosion and sediment control — See Ch. 205.
Soil removal — See Ch. 208.
Subdivision of land — See Ch. 220.
Trees — See Ch. 254.
Wellhead protection — See Ch. 273.
Zoning — See Ch. 285.
A. 
Title. This chapter shall be known as the "Washington Township Site Plan Review Ordinance."
B. 
Purpose. The purpose of site plan review is to determine whether the proposed use, building or structure, or addition to any building, structure or use, will conform to the revised statutes; Chapter 185, Zoning; Chapter 220, Subdivision of Land; and other applicable ordinances and requirements of the Township. Site plan review shall work towards the development of an aesthetically acceptable and well-ordered community serving the interest of the public health, safety and general welfare of the Township.
A. 
Whenever a term is used in this chapter which is defined in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning set forth in the definition of such term found in that statute, unless a contrary intention is clearly expressed from the context of this chapter.
B. 
The following specific words and terms are hereby defined:
APPROVAL, FINAL
The official action of the Planning Board taken on a preliminary approved 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.
APPROVAL, PRELIMINARY
The conferral of certain rights pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., prior to final approval, after specific elements of a development plan have been agreed upon by the Planning Board and the applicant.
BERM
A mound of soil on a site used as a view obstruction or to vary the grade pattern, either natural or manmade.
BUFFER
An area within a property or site generally adjacent to and parallel with the property line, consisting of either natural existing vegetation or created by the use of trees, shrubs, fences and/or berms designed to continuously limit view of the site from adjacent sites or properties.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
DRAINAGE RIGHT-OF-WAY
The dedicated lands required for the installation and/or maintenance of storm sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage. These lands shall not be used in the calculation of unit density.
EASEMENT
An area granted 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 structure for which a construction permit is required.
SITE PLAN
A development plan of one or more lots on which is shown all of the data and information required by this chapter, plus any other information that may be reasonably required in order to make an informed determination as a basis for a decision by the Planning Board.
SITE PLAN, MINOR
A site plan for a development requiring less than 10 parking spaces as required in this chapter, containing less than 2,500 square feet of floor area and not having more than 50% of lot coverage, provided that the site plan application contains the information reasonably required in order to make an informed determination as to whether the requirements established in this chapter for approval of a minor site plan have been met. Any site plan involving a planned development, any new street, the extension of any off-tract improvement which is to be prorated pursuant to N.J.S.A. 40:55D-42 shall be deemed a major site plan. If storm drainage facilities, including but not limited to detention basins, retention basins, inlets, piping or swales, are to be constructed as part of a new site plan, or if existing drainage facilities are to be modified or added to in any fashion, the site plan application shall not be deemed a minor site plan.
[Added 12-14-2000 by Ord. No. 35-2000]
A. 
Approval required. Prior to the excavation, grading or clearing of land for other than agricultural purposes, or construction or issuance of any permit by the construction official or zoning officer, such construction or permit pertaining to any building, structure or use within the Township, with the exception of one single-family dwelling, site plan approval for the proposed grading, building, structure or use must be obtained and no certificate of occupancy shall be issued or occupancy take place until and unless all construction and required improvements shall have been completed in conformity with the approved site plan.
B. 
Complete application. A complete application shall consist of the following:
(1) 
A properly completed application form furnished by the Township or submission of all of the information required by such form.
(2) 
Payment of the requisite fees and escrows.
(3) 
Proof that taxes for the subject property are current and paid to date.
[Amended 3-12-2003 by Ord. No. 4-2003]
(4) 
Plans and supporting documentation as required by this chapter.
(5) 
No application for development shall be deemed complete if there are outstanding uncollected fees and escrows resulting from past application or prior submissions involving the property in question or any part thereof, including the base tract, and no application shall be deemed complete if there are outstanding taxes.
C. 
Hearing date. No date for hearing shall be set until the administrative officer of the Board certifies the application as complete.
D. 
Compliance with subdivision requirements. All construction and improvements shall be in accordance with the design, construction, energy, landscape and improvement standards of Chapter 220, Subdivision of Land.
E. 
Inspection prior to issuance of certificate of occupancy. Prior to the issuance of a certificate of occupancy, the construction official shall request the Planning Board Engineer to make an inspection for compliance with the approved site plan.
[Amended 3-12-2003 by Ord. No. 4-2003; 12-14-2006 by Ord. No. 31-2006]
A. 
Change of use; review required.
(1) 
With the exception of single-family or multifamily dwelling units, any change of use, proprietorship or occupancy shall void the previously issued certificate of occupancy and require the issuance of a new certificate of occupancy. In addition, there must be a new site plan review, but only for a property where there has been a change to the principal use of the property, or building or structure thereon, not where there has been a change in the proprietorship or occupancy. This new site plan review shall assure that the existing facilities are adequately maintained and functioning in accordance with the approved plans and are designed to handle any increased demands upon the site imposed by the change of use.
(2) 
For the purposes of this section, the term "change of use" shall be defined as a substantial change to the nature and quality of the activity engaged in or performed on the property with regard to its principal or primary use, exclusive of consideration of any accessory use.
B. 
Waiver of review requirement. Notwithstanding the provisions of § 199-4, upon submittal of a complete application, the Planning Board may waive formal site plan review if the only change is from one principal or primary use to another, considering the definition set forth in Subsection A(2) above, which has equivalent demands on facilities.
(1) 
Conditions for waiver. Any applicant may request a waiver from site plan review as required under the terms of this chapter, providing the applicant's site plan involves:
(a) 
An existing building.
(b) 
No new construction.
(c) 
No extension of the on-tract parking requirements.
(d) 
No change in the existing drainage.
(e) 
Construction of a building for agricultural purposes.
(f) 
No off-site improvements.
(g) 
No additional utility connections.
(2) 
Application. Request for waiver of site plan review shall be made by completion of an appropriate form provided by the administrative officer and payment of the requisite fee.
(3) 
There shall be no requirement for site plan review if the only change is that of proprietorship or ownership wherein the use of the existing site or facility remains the same and all of the conditions for waiver set forth under Subsection B(1) are met.
C. 
Credit for fees paid. In the event that site plan waiver is not granted, the applicant's fee will be applied toward the site plan application. The applicant will then be required to go forward with the requisite site plan application. The balance of the fee and all escrows will be required in the event site plan review is not waived.
A. 
Prohibition. It shall be illegal to make any site plan modifications after the issuance of a certificate of occupancy without first following the procedures set forth in § 199-4.
B. 
Existing sites. Existing sites predating the regulations set forth herein shall not be modified without first obtaining a site plan approval or waiver, as set forth in § 199-4.
C. 
Lapse of time. A site plan property shall not be modified in any way after a lapse of time from issuance of the certificate of occupancy without first complying with the regulations of this chapter.
A. 
Preliminary site plan.
(1) 
Submission of application; distribution.
(a) 
The applicant shall submit 12 copies of the preliminary site plan to the administrative officer. If the application appears complete, the administrative officer shall transmit the site plans to the Planning Board and to the following agencies:
[1] 
Municipal utilities authority.
[2] 
Traffic Safety Officer.
[3] 
Fire Marshal.
[4] 
County Planning Department.
[5] 
Planning Board Engineer.
[6] 
Township Planner.
[7] 
Police Department.
[Added 3-12-2003 by Ord. No. 4-2003]
(b) 
For site plans submitted to the Zoning Board of Adjustment, the Secretary of that Board shall submit the plan to the Zoning Board of Adjustment for review at its meeting in addition to the above agencies.
(2) 
Completeness of application. The appropriate Boards shall review the plan and advise the administrative officer or Secretary if the plan is complete. The administrative officer or Secretary will, in turn, notify the applicant. For all site plans, the administrative officer shall certify the application complete or advise the applicant in writing within 45 days of submission should any submission be deemed incomplete.
(3) 
Review by Board; report. The Planning Board and/or Zoning Board of Adjustment shall review the plans, at which time the applicant may be called to explain, amplify or discuss the plan. The appropriate Board shall then prepare its report containing a statement regarding the completeness of the plan and conditions and recommendations for approval. For Zoning Board of Adjustment site plans, the Planning Board shall send a report to the Zoning Board of Adjustment which shall pertain to the site plan only and not to the entire application.
(4) 
Amendments prior to public hearing. The applicant is not required to amend the plan until after Planning Board or Zoning Board of Adjustment action at a public meeting, as all conditions and recommendations prior thereto are purely advisory.
(5) 
Action by Board; time.
(a) 
The Planning Board shall take action on the site plan at a public meeting of the Planning Board, within 45 days following certification of completeness if the area involves 10 acres of land or less and 10 dwelling units or less, or within 95 days following certification if the area of the site involves more than 10 acres or more than 10 dwelling units.
(b) 
The Zoning Board of Adjustment shall take action on the site plan at a public meeting within the 120-day period following submission of the plan, as set forth in N.J.S.A. 40:55D-73, which time period also requires the Zoning Board of Adjustment to act on all other matters set forth in the applicant's application.
(c) 
The Planning Board or the Zoning Board of Adjustment, as the case may be, shall either approve, approve with conditions to which the Township Engineer can certify compliance, or disapprove the site plan. Such action shall be made by resolution.
(6) 
Conditional approval; amendment of plan. If the site plan is approved with conditions, an amended site plan conforming to the amendments required by the approving resolution shall be submitted by the applicant and certified by the Planning Board or Planning Board Engineer prior to the applicant's submittal of final plans.
(7) 
Preliminary site plan approval shall expire and be of no further effect unless a complete application for final approval for such site plan has been submitted to the Washington Township Planning Board or Zoning Board within a three-year period from the date of which the resolution of preliminary approval was adopted or prior to the expiration of any extensions granted by the Planning Board or Zoning Board on such preliminary approval for additional periods of time as permitted by law.
[Added 10-27-2004 by Ord. No. 21-2004]
B. 
Dual requests.
(1) 
Variance. An applicant shall submit to the Planning Board for approval a site plan that also includes a request for a variance from lot area, lot dimensional setbacks and yard requirements.
(2) 
Conditional uses. All applications containing a request for a conditional use shall be submitted to the Planning Board.
(3) 
Jurisdiction of Board. The Board agency originally granting preliminary approval shall be responsible for reviewing and acting on the final site plan.
(4) 
Separate applications and fees. The applicant shall complete an application for each request for relief, such as site plan, subdivision, variance, or conditional use, regardless of to which Board it is submitted, and the applicant shall pay each fee.
C. 
Final site plan.
(1) 
Submission, distribution of application; certification of completeness; amendment of plan. The applicant shall submit 12 copies of the final site plan to the administrative officer. If the application is complete, the administrative officer shall transmit the site plans to the agencies listed in § 199-6A(1)(a). They shall prepare reports containing recommendations and/or conditions of approval and a certification as to completeness. The administrative officer shall advise the applicant of the certification within 45 days of submission. The applicant is not required to amend the plan until after Planning Board or Zoning Board of Adjustment action at a public meeting.
(2) 
Time for decision. The Planning Board or Zoning Board of Adjustment shall take action on the site plan at a public meeting of the Board within 45 days of the certification.
(3) 
Report from County Planning Board. The Planning Board or Zoning Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the Gloucester County Planning Board or approval by the Gloucester County Planning Board's failure to report thereon within the required time period.
(4) 
Actions of Board. The Planning Board or Zoning Board of Adjustment shall either approve, approve with conditions to which the Planning Board Engineer can certify compliance, or disapprove the site plan. In the event of a disapproval, the Planning Board or Zoning Board of Adjustment shall set forth its reasons for the rejection of the plan by resolution.
(5) 
Conformance of plan to approval. After Planning Board or Zoning Board of Adjustment approval, the applicant shall submit six sets of the site plan to the Planning Board or Planning Board Engineer for certification. Such plans shall conform to the Planning Board or Zoning Board of Adjustment approvals and approvals of any other agencies.
(6) 
Certification of final plan required prior to issuance of permits. No building permit shall be issued or construction commenced unless the final site plan has been certified by the Planning Board or Planning Board Engineer.
(7) 
Completion of improvement prior to issuance of certificate of occupancy. No certificate of occupancy shall be issued nor shall occupancy take place until and unless all construction and required improvements shall be complete or bonded for in conformity with the approved site plan and all conditions required as a part of such approval.
D. 
Site plan submissions.
(1) 
Expedited approval. The applicant may request at the time of preliminary filing that the plan be processed through the preliminary and final stages concurrently. If the Planning Board or Zoning Board of Adjustment concur, the application may be processed in one step, with preliminary and final approvals being granted concurrently. However, the Planning Board or Zoning Board of Adjustment, at its discretion, may grant only preliminary approval at the time of first review, thereby requiring the applicant to make a separate final site plan submittal.
(2) 
Submission requirements for expedited approval. It should be noted by the applicant that preliminary and final site plan submissions require different plat design requirements. In the event that both preliminary and final site plan submissions are required, nothing herein shall be construed so as to prohibit a simultaneous submission at the same meeting of preliminary and final plan applications.
A. 
General.
(1) 
Scale. All site plans shall be drawn at the largest appropriate scale using one of the plat sizes in the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.). Additional sheets with sufficient detail to adequately explain the project may be required on larger sites. (See Article IV, Plan Details, of Chapter 220, Subdivision of Land.)[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(2) 
Minor changes. In the event that a submission consists only of minor site changes, some site plan details may be omitted from the plan if they are not relevant to the review of the submission as determined by the Planning Board Engineer and the Planning Board.
B. 
Preliminary site plan details.
(1) 
Required information. All preliminary site plans shall contain the following information:
(a) 
The name and address of the applicant and the owner of record and the name, address and title of the person preparing the plan, maps including appropriate map titles and accompanying data.
(b) 
Date of the original plan and each subsequent revision date.
(c) 
North arrow.
(d) 
Total tract acreage to one-tenth of an acre.
(e) 
Existing and proposed streets and street names.
(f) 
A key map showing the location of the site within the community.
(g) 
The zoning of the site, the owner and land use of all adjacent lots, and the tax map plate and block and lot numbers.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(h) 
The exact size, shape and location of all existing and proposed buildings, structures, parking areas, wetlands and floodplain areas, open spaces and wooded areas.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(i) 
The dimensions, locations and purpose of all existing and proposed easements, rights-of-way, lot lines, setbacks, yards, buffers and other encumbrances.
(j) 
The location size and arrangement of proposed vehicular accessways, curb, sidewalks, walkways and all other area devoted to pedestrian use.
(k) 
Parking in accordance with the Chapter 285, Zoning.
(l) 
Other information as required by the Planning Board or Zoning Board of Adjustment.
(m) 
A soil erosion and sediment control plan.
(n) 
The location and arrangement of vehicular accessways and locations size and capacity of all parking and loading areas shall be included.
(o) 
Pavement construction detail.
(p) 
Location of recycling areas for multifamily housing development, as defined in § 220-4 and as more fully set forth in § 220-56 of Chapter 220, Subdivision of Land.
(2) 
Additional information, as may be required by the Board preliminary site plans may be required to contain the following information if deemed necessary by the Planning Board:
(a) 
Name of development.
(b) 
Graphic scale.
(c) 
Floodplain areas based on one-hundred-year storms.
(d) 
All roads, driveways, watercourses and existing buildings within 200 feet of the tract.
(e) 
A title survey and topographic survey of the site with contours at two-foot intervals, certified by a licensed land surveyor.
(f) 
Storm drainage design, including size, type, location and grade of pipes, location of structures in the system, design calculations, and profiles. Drainage areas shall be shown where appropriate and include any off-tract areas.
(g) 
A statement of how the sewer, water and all utilities to service the project will be designed.
(h) 
The building floor plans and finished grade elevations at all building corners.
(i) 
Proposed grading plan showing contours at intervals of one foot where slopes are less than 15% and at two-foot intervals where slopes exceed 15%. Spot elevations shall be required at building corners and other points where contours do not adequately define the proposed elevation of the site. Spot elevations shall be required at critical locations such as high points, lot corners and swales.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(j) 
Soil borings distributed over the tract, according to the following schedule. These borings shall be to a depth of not less than 10 feet below the existing grade or 10 feet below finished grade, whichever is lower, and shall indicate the types of soil, depth to water table and the date of the boring. The number of borings may be increased if deemed necessary by the Township Engineer.[5]
Area of Tract
(acres)
Number of
Borings
Less than 2
2
2 - 3
3
3 - 5
5
5 - 10
8
10 - 40
10
Over 40, for each 4 acres
1
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(k) 
Design concerns of any topographic problems.
(l) 
The location, size and nature of the entire lot or lots in question, and any contiguous lots owned by the applicant or in which the applicant has a direct or indirect interest, even though only a portion of the entire property is involved in the site plan for which approval is sought; provided, however, that where it is physically impossible to show such entire lot or lots or contiguous lots on one map, a key map thereof shall be submitted.
(m) 
The location, names and widths of rights-of-way and paving of all existing and proposed streets, including cross sections and profiles abutting the lot or lots in question and within 200 feet of such lot.[6]
[6]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(n) 
An architectural elevation and design perspective of all proposed structures.
C. 
Final site plan details. All final site plans shall contain the preliminary site plan details required by the Planning Board, as well as the following information:
(1) 
A complete landscape plan, including size and type of all plants, shall be included.
(2) 
Location of all utilities shall be shown, including water supply, sewers, gas and electric services, phone, cable TV, fiber optics, lighting, illumination and refuse storage area.[7]
[7]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
(3) 
Proposed signs, including type, facade, location, size and materials.
(4) 
Incorporation of requirements from other agencies having jurisdiction.
(5) 
Appropriate places for the signatures of the Chairperson and Secretary of the Board, the dates of the Board actions and the dates of the signatures.
Site plan review shall consider, but not be limited to, the following:
A. 
The height, bulk area and setback distances of all building structures.
B. 
The architectural design, including the appearance of and materials used on the exterior faces.
C. 
The architectural design, location, height and width, appearance and materials used in all signs.
D. 
Parking and traffic control, including location and material, requirements for curbing, driveways, parking areas, pedestrian walks and other requirements to protect the public health, safety and welfare.
E. 
Reasonable screening at all seasons of the year of playgrounds, trash/recycling areas, parking and service areas.
[Amended 3-12-2003 by Ord. No. 4-2003]
F. 
Lighting of buildings, grounds and signs to assure the elimination of any adverse effects on adjoining property owners while simultaneously requiring adequate lighting for the proposed development.
G. 
Provisions for necessary utilities such as water supply, sewers, gas and electric.
H. 
Provisions for energy efficient building and/or site plan design, and consideration of supplemental solar and wind systems.
I. 
The stormwater collection and disposal system.
J. 
Noise abatement, odor and rodent control, and trash, recycling and garbage collection facilities.
[Amended 3-12-2003 by Ord. No. 4-2003]
K. 
Provisions for incoming raw materials and outgoing finished products together with outdoor facilities for storing same.
L. 
Provisions for soil erosion and sedimentation control.
A. 
Preliminary plans. Site plans receiving preliminary approval shall expire at the end of the statutory three-year period, unless extensions are granted by the Board, as provided by law.
B. 
Final plans. The proposed construction receiving final site plan approval must be completed in all aspects within two years from the date of final approval, which date shall be when the Planning Board took action on the application. Failure of the applicant to complete construction within such periods will nullify and void the site plan. The applicant will be in violation of this chapter if any construction or excavation is undertaken or continued after the expiration date. Time period extensions may be granted by the Board, as provided by law.
[Amended 3-12-2003 by Ord. No. 4-2003]
A. 
Fees and escrows. The fees and escrows set forth in Chapter 80 of this Code shall be paid or deposited with the Township at the time of application.
B. 
Verification of payment. No building permit shall be issued until all outstanding bills have been paid.
C. 
Inspection fee for single-phase project. The inspection fees shall be as set forth in Chapter 80, with the first fee payment payable at the time of application for the first building permit. Applications for a certificate of occupancy shall be accompanied by an inspection fee payment. Inspection costs shall be billed at the Township Engineer's contract rates against the escrow account.
[Amended 3-12-2003 by Ord. No. 4-2003]
D. 
Inspection fee for multi-phase project. The applicant shall establish an escrow fund in the amount set forth in Chapter 80, payable at the time of application for the first building permit. Inspection costs shall be billed at the Township Engineer's contract rate against the inspection escrow account. After paying bills, the fund may be diminished to $250, at which point the applicant shall replenish the escrow fund to $1,000.
[Amended 3-12-2003 by Ord. No. 4-2003]
E. 
Escrow; surplus and deficiency. Sums not utilized in review and inspection process shall be returned to the applicant. If additional sums are deemed necessary for professional reviews or inspections, the applicant shall be notified of the required additional amount and shall add such sum to the escrow. Each applicant who shall submit a plan for site approval shall agree, in writing, and shall pay all reasonable costs for professional review of the site plan and for inspection of improvements, as required by the Planning Board.
F. 
Development Committee Review fee. An applicant required by a board to appear before the Development Review Committee shall pay a fee as set forth in Chapter 80 of this Code which shall be paid to the Township at the time of referral to the Development Review Committee.
[Added 4-28-2005 by Ord. No. 8-2005]
G. 
Escrow accounts utilized in the review and inspection process shall be maintained by the Township. An administrative fee shall be charged to each professional receiving a disbursement from an escrow account in an amount equal to 3% of the disbursement to the respective professional for review and inspection services rendered. The three-percent fee is not charged to the developer/applicant, but to the amount to be distributed to the professional on a per-payment basis. The escrow clerk for the Township will maintain a record of each administrative fee charged to the professional from each payment made, said record to be provided to the professional upon request.
[Added 5-12-2005 by Ord. No. 12-2005]
H. 
A developer shall reimburse the municipality for reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements, which fees shall not exceed the sum of the amounts set forth in Subsections A and B of this section. The municipality shall require the developer to post the inspection fees in escrow in an amount:
[Added 5-9-2018 by Ord. No. 6-2018]
(1) 
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; and
(2) 
Not to exceed 5% of the cost of private site improvements that are not subject to a performance guarantee, which cost shall be determined pursuant to Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4). If the Township of Washington determines that the amount in escrow for the payment of inspection fees is insufficient to cover the cost of additional required inspections, the Township may require the developer to deposit additional funds in escrow, provided that the Township delivers to the developer a written inspection escrow deposit request, signed by the Township Engineer, which shall include the need for additional inspections, details of the items or undertakings that require inspection, an estimated time required for those inspections, and cost estimates of performing those inspections.
[Amended 3-12-2003 by Ord. No. 4-2003; 5-9-2018 by Ord. No. 6-2018]
A. 
Performance bonds. In approving a site plan, the reviewing board shall require, at its discretion and depending on the complexity of the project, that the applicant first furnish a performance bond for the purposes of guaranteeing the completion of such items as are set forth in the site plan which will be dedicated to a public entity. Estimated quantities shall be prepared by the applicant for review by the Township Engineer. Unit pricing shall follow a schedule to be established by the Township Engineer. These estimates shall be established in order to determine the amount of the performance guarantee. The performance guarantee shall be reviewed and have the approval of the Township Solicitor as to both form and amount prior to the issuance of any permits.
B. 
Maintenance bonds.
(1) 
A maintenance bond for the site plan improvements shall be required at the time of release of the performance bond. The maintenance bond shall be in the form and amount and under the procedures as required by the statutes of the State of New Jersey and other developmental ordinances of the Township of Washington concerning maintenance bonds.
(2) 
A developer shall post with the Township, prior to the release of a performance guarantee, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.
(3) 
A developer shall post with the Township, upon the inspection and issuance of final approval of the following private site improvements by the Township Engineer, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, in-flow and water quality structures within the basins, and the out-flow pipes and structures of the stormwater management system, if any, which cost shall be determined according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4). The term of the maintenance guarantee shall be for a period not to exceed two years and shall automatically expire at the end of the established term.
C. 
In addition to a performance guarantee required pursuant to § 220-67,[1] a developer shall furnish to the Township of Washington a separate guarantee, referred to herein as a "safety and stabilization guarantee." The amount of a safety and stabilization guarantee for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000. The amount of a safety and stabilization guarantee for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the development or phase of development as follows: $5,000 for the first $100,000 of bonded improvement costs, plus 2 1/2% 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. The safety and stabilization guarantee shall be available to the Township solely for the purpose of returning property that has been disturbed to a safe and stable condition or otherwise implementing measures to protect the public from access to an unsafe or unstable condition, only in the circumstance that: i) site disturbance has commenced and, hereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure, and ii) work has not recommenced within 30 days following the provision of written notice by the Township to the developer of the Township's intent to claim payment under the guarantee. The Township shall not provide notice of its intent to claim payment until a period of at least 60 days has elapsed during which all work on the development has ceased for reasons other than force majeure. The Township shall provide written notice to a developer by certified mail or other form of delivery providing evidence of receipt. In the event that the developer has made a cash deposit with the Township as part of the performance guarantee, then any partial reduction granted in the performance guarantee 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 safety and stabilization guarantee is included as a line item of the performance guarantee, the municipality may retain cash equal to the amount of the remaining safety and stabilization guarantee.
[1]
Editor's Note: Chapter 220, Subdivision of Land, § 220-66, concerns performance guarantees; for maintenance guarantees, see § 220-67.
[Added 4-2-1998 by Ord. No. 10-1998]
All site plans approved under the standards of this chapter shall be required to pay the mandatory development fee pursuant to Chapter 80, Fees, of this Code.
[Added 4-2-1998 by Ord. No. 10-1998]
All site plans approved under the standards of this chapter shall be required to pay the mandatory development fee pursuant to Chapter 80, Fees, of this Code.
Any person violating any of the provisions of this chapter shall be subject to the penalty provisions of Chapter 1, General Provisions, Article I, of this Code. Each and every day a violation of this chapter continues shall be deemed to be a separate and distinct violation thereof.