a. No zoning permit shall be issued for the erection, construction, reconstruction, alteration, conversion or installation of a structure or building until a performance guaranty, as detailed in subsection 30-13.2b. below, has been posted and approved as to all improvements set forth in subsection 30-13.1c. hereunder.

b. No final subdivision or site plan plat shall be approved until a developer's agreement has been accepted and all items required to be bonded (on site, off site, on-tract and off-tract) have been either installed, and approved by the Municipal Engineer and accepted by the Governing Body and a maintenance guaranty has been filed and accepted by the Governing Body or their installation shall have been provided for by a performance guaranty accepted and approved by the Governing Body. No maintenance bond shall be accepted for any item that has further stages of work or which will need to be altered or reworked. Any improvements installed prior to final plat application that do not meet required standards shall be added to the performance guaranty.

c. Items to be guaranteed shall include at least those outlined in N.J.S.A. 40:55D-53a(1), as well as others that might be identified during the plan review process that relate to the public health, safety and welfare. In the case of site plans, on-site improvements to be bonded shall include those outlined in N.J.S.A. 40:55D-33A(1), plus, but not limited to, driveway and parking improvements, lighting and landscaping. The approving authority may waive bonding for on-site improvements for minor and major site plans, provided that the on-site improvements that are waived do not directly or indirectly affect other public facilities or the general health, safety and welfare of the Township. (1976 Code § 78-13; Ord. No. 3-82; Ord. No. 12-83; Ord. No. 94-12)

The applicant shall submit the performance guaranty and developer's agreement to the Municipal Engineer, Attorney and Governing Body for review and approval by resolution. Final plat submission shall not be made until the performance guaranty has been accepted and approved by the Governing Body. In the event that final approval is by stages or sections, the provisions of this section shall be applied by stage or section.

a. In any performance bond, the developer shall be principal, and the surety shall be either an acceptable surety company licensed to do business in New Jersey and/or cash or certified check which shall be deposited with the Township Treasurer. Any performance bond submitted to the Governing Body by a developer which is obtained from a surety company shall be issued in the name of and executed by a representative of the developer on its behalf. In addition, at least one (1) corporate officer, partner or member of a joint venture or other similar entity shall also sign the bond in his individual capacity. The Treasurer shall issue a receipt for such deposits. If the improvements have not been completed in accordance with the standards or within the stipulated time, but no longer than two (2) years, the obligor and surety shall be liable thereon for the reasonable cost of completing the improvements. The Township may, either prior to or after receipt of the proceeds thereof, complete such improvements.

b. The performance guaranty shall equal one hundred twenty (120%) percent of the cost of installing the improvements. Ninety (90%) percent of this total shall be either a certified check, bank money order or surety bond of a bonding company approved by and at the option of the Governing Body. The remaining ten (10%) percent shall be equivalent to cash, such as a certified check, bank money order or other security acceptable to the Township Attorney, payable to the Township. In the event of default, the cash fund ten (10%) percent shall be first applied to complete the requirements, and the cash, certified check or surety bond shall thereafter be resorted to, if necessary. Where the cash, check or other acceptable security is used, the developer shall be notified, in writing, that it shall be replaced within thirty (30) days, and the developer shall do so. The Municipal Engineer's certification that the principal has satisfactorily installed the improvements or has defaulted shall be the basis for the Governing Body's action which accepts or rejects the improvements, withholds approval or may extend the time allowed for installation of the improvements. As a condition 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 one hundred twenty (120%) percent of the cost of the installation as determined as of the time of the passage of the resolution.

c. If the property or any part of same is sold, or otherwise conveyed to a successor developer prior to the completion and acceptance of all improvements, an Assignment of Developer's Agreement, and new performance or maintenance guaranty shall be required from the new owner or successor developer. Upon the transfer of ownership of property that is the subject of a construction permit, and prior to beginning or continuing work authorized by the construction permit, the new owner or successor developer shall file with the Building Department an application for a permit update to notify the Building Department of the name and address of the new owner or successor developer and of all other changes to information previously submitted to the Building Department. The Building Department shall not approve the application for a permit update until it receives notification from the Governing Body or its designee that the new owner or successor developer has furnished adequate replacement performance or maintenance guaranty and Assignment of Developer's Agreement. (1976 Code § 78-13; Ord. No. 3-82; Ord. No. 2014-15)

Prior to construction, the developer shall arrange for a preconstruction conference among the developer, contractor and Municipal Engineer. The Municipal Engineer shall be notified by registered mail by the developer at least seventy-two (72) hours in advance of the start of construction. The cost of inspection shall be the responsibility of the developer, who shall reimburse the Township for all reasonable inspection fees by submitting a check to the Township Clerk. For those developments for which the reasonably anticipated fees are less than ten thousand ($10,000) dollars, fees may, at the option of the developer, be paid in two (2) installments. The initial amount deposited by a developer shall be fifty (50%) percent of the reasonably anticipated fees as established by the Township Engineer. When the balance on deposit drops to ten (10%) percent 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 deposit the remaining fifty (50%) percent of the anticipated inspection fees. For those developments for which the reasonably anticipated fees are ten thousand ($10,000.00) dollars or greater, fees may, at the option of the developer, be paid in four (4) installments. The initial amount deposited by a developer shall be twenty-five (25%) percent of the reasonably anticipated fees.

When the balance on deposit drops to ten (10%) percent 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 twenty-five (25%) percent of the reasonably anticipated fees.

The Municipal Engineer shall not perform any inspections if sufficient funds to pay for those inspections are not on deposit. The above specified fees shall be paid prior to the commencement of any preparatory site work, including but not limited to clearance of the property, grading or excavation. These inspection fees shall be in addition to the amount of the performance guaranty and all application fees as specified in this chapter.

Upon completion of the development and all inspections and at the request of the developer, the developer shall receive an accounting of the expended funds, and any unspent funds shall be returned to the developer with the exception of an amount not exceeding one (1%) percent of the cost of the required improvements, which shall be held and used for inspection during any applicable maintenance periods regarding the improvement. Any of the funds remaining at the time of release of the maintenance bond shall be returned to the developer. (1976 Code § 78-13; Ord. No. 3-82; Ord. No. 87-21; Ord. No. 88-42; Ord. No. 91-42; Ord. No. 92-18)

No work shall be done without permission from and inspection by the Municipal Engineer. No underground installation shall be covered until inspected and approved. The Municipal Engineer's office shall be notified after each of the following phases of the work has been completed so that he may inspect the work: road subgrade; curb and gutter forms; curbs and gutters; road paving (after each coat, in the case of priming and sealing); drainage pipes and other drainage structures before backfilling; shade trees and planting strips; street name signs; and monuments. (1976 Code § 78-13; Ord. No. 3-82)

All utility installations installed by utility companies shall not be subject to the inspection requirements or bonding. (1976 Code § 78-13; Ord. No. 3-82)

Occupancy permits will be issued only when required fire alarms, curbs, aprons, utilities, functioning water supply and sewage treatment facilities, gutters and other necessary storm drainage to ensure proper drainage of the lot and surrounding land, fine grading of lots, clearing of sight triangles, soil stabilization, including topsoil and seeding, and the base course for the street and sidewalks are installed to serve the lot and structure for which the permit is requested. Streets shall not receive surface course paving until all heavy construction is completed. Shade trees shall not be planted until all grading and earth-moving is completed. (1976 Code § 78-13; Ord. No. 3-82)

Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the Township Committee 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, a list of all uncompleted or unsatisfactorily completed improvements. If such a request is made, obligor shall send a copy of the request to the Township Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the developer. Thereupon the Township Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the Township Committee and shall simultaneously send a copy thereof to the obligor not later than forty-five (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 of each completed improvement determined to be unsatisfactory. The report prepared by the Township Engineer shall identify each improvement determined to be complete and satisfactory together with the recommendation as to the amount of reduction to be made in 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. (1976 Code § 78-13; Ord. No. 3-82; Ord. No. 91-42)

The Township Committee, by resolution, shall either approve the amendments determined to be complete and satisfactory by the Township Engineer, or reject any and all of these improvements upon the establishment and the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating the approvements accepted, in accordance with the itemized cost estimate prepared by the Township Engineer and appended to the performance guarantee. This resolution shall be adopted not later than forty-five (45) days after receipt of the list and report prepared by the Township Engineer. Upon adoption of the resolution by the Township Committee, the obligor shall be released from all liability pursuant to its performance guarantee with respect to those approved improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that thirty (30%) percent of the amount of the performance guarantee posted may be retained to insure completion and acceptability of all improvements. (1976 Code § 78-13; Ord. No. 3-82; Ord. No. 91-42)

If any portion of the required improvements is rejected, the approving authority may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification, as set forth in subsection 30-13.7 shall be followed. (1976 Code § 78-13; Ord. No. 3-82; Ord. No. 91-42)

No improvement shall be accepted by the governing body unless and until all of the following conditions have been met:

a. The Municipal Engineer shall have certified, in writing, that all the improvements are complete and they comply with this and other applicable ordinances.

b. The developer has provided a maintenance guaranty to the governing body in an amount equal to fifteen (15%) percent of the cost of improvements and running for two (2) years after final acceptance of the improvement by the governing body. The maintenance guaranty shall provide a guaranty to replace all work performed and all materials furnished found defective and make good any defects thereof which become apparent during the two (2) year period. In addition, the developer shall accomplish regular maintenance, such as curb replacement and repair, cleaning out catch basins and other matters. The maintenance guaranty shall be in a form acceptable to the governing body, Municipal Engineer and Attorney. In the event that other governmental agencies or public utilities will own the utilities or the improvements are covered by a guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, shall be required by the Township for such utilities or improvements.

c. To obtain release of the maintenance bond, the developer shall, after all required maintenance has been completed, submit an inspection fee of five-tenths (0.5%) percent of the cost of constructing the improvements by certified check or money order and apply to the governing body, in writing, by certified mail, with a copy to the Municipal Engineer, for final inspection of the work. The Municipal Engineer shall, within thirty (30) days of receipt of request for inspection, report, in writing, to the governing body indicating either approval, partial approval or rejection of the improvements, with a statement of reasons for any rejection.

d. The governing body shall either approve or reject the improvements and release of the maintenance bond or reduce the amount of the maintenance bond, following the same procedures for performance bonds. (1976 Code § 78-13; Ord. No. 3-82)

Upon acceptance by the Township of deeds submitted in conjunction with any development, the developer shall either cause the deeds to be recorded in the County Clerk's office and shall pay the costs of having the deeds recorded, or the developer shall, upon billing, reimburse the Township for the cost of recording the deeds, if the recording is done by the Township of Holmdel or its agents. (1976 Code § 78-13; Ord. No. 3-82; Ord. No. 24-83)

Whenever the Township is requested to accept dedication of properties to be maintained for detention or retention basin purposes which will result in the Township having to expend funds in the future for the maintenance of such properties, the Township shall, unless otherwise determined by the Township Committee, require the property owner dedicating such property post with the Township funds which will defray the estimated costs of maintenance for a ten (10) year period.

The estimated cost for maintenance shall be determined as set forth below. The estimated cost reflects the 1996 prices and shall be increased five (5%) percent per year for each year beyond 1996. The estimated costs shall be for a ten (10) year period and shall be ten (10) times the sum which results from adding the fixed costs to the variable costs, the calculation of which are as follows:

a. The fixed annual cost per detention basin lot, regardless of size, shall be four hundred thirty-two ($432.00) dollars and no cents. For each year beyond 1996, the fixed annual cost shall be increased five (5%) percent per year.

b. The variable cost is calculated based upon the size of the detention basin rounded to the nearest acre, except that in no circumstance shall the calculation be based on less than one (1) acre. The variable annual cost per acre is three hundred sixty ($360.00) dollars and no cents.

The Township Engineer shall calculate the maintenance cost based upon the foregoing.

The estimated maintenance cost contribution for the ten (10) year period shall be deposited with the Township Clerk prior to any signing of the final development maps by the appropriate municipal officials. (Ord. No. 96-29)

All previously adopted subdivision, site plan and zoning ordinances and their amendments, together with all other ordinances or parts thereof inconsistent with the provisions of this chapter are hereby repealed. (1976 Code § 78-14; Ord. No. 3-82)

See Section 30-13, Guaranties and Inspections. (1976 Code § 78-15; Ord. No. 3-82)

No zoning permit, building permit or certificate of occupancy shall be issued where improvements to a property, sale of land, use of property or subdivision(s) were undertaken in violation of this chapter. No zoning permit, building permit or certificate of occupancy shall be issued for any parcel of land or structure located in any flood hazard area until all plans have been reviewed for compatibility with the floodplain regulations of this chapter. Prior to issuing a permit in a flood hazard area, all necessary permits shall have been obtained from Federal, State or local authorities from which prior approval is required, and it shall be determined whether or not there is an adverse effect on the flood-carrying capacity of the drainage course. If there is no adverse effect, the permit may be granted. If there is an adverse effect, then flood damage mitigation measures shall be made a condition of the permit. (1976 Code § 78-16; Ord. No. 3-82)

A zoning permit shall be issued simultaneously with or before the issuance of any building permit or certificate of occupancy. (1976 Code § 78-16; Ord. No. 3-82; Ord. No. 94-12)

Building permits and procedure. Every application for a building permit shall be submitted in accordance with the State Uniform Construction Code. (1976 Code § 78-16; Ord. No. 3-82)

The Construction Official may issue a temporary certificate of occupancy for a use related to the development of a permitted use for a reasonable period, but not to exceed six (6) months. No more than one (1) one-month extension may be granted. (1976 Code § 78-16; Ord. No. 3-82)

Any new lot or building or a change in use and/or tenancy shall require a zoning commencement of use permit and a certificate of occupancy inspection prior to its use. No certificate shall be issued unless the land, building and use comply with this subsection; all matters incorporated on the approved subdivision or site plan, such as streets, drainage, parking and water and sewer service, shall be completed comply with the Building and Health Codes. (1976 Code § 78-16; Ord. No. 3-82; Ord. No. 2010-18)

The fee for a zoning permit shall be as follows:

Building permit and certificate of occupancy fees shall be in accordance with Revised General Ordinances, Chapter X, Construction, subject to the State Uniform Construction Code. (1976 Code § 78-16; Ord. No. 3-82; Ord. No. 94-18; Ord. No. 2010-18; Ord. No. 2010-26; Ord. No. 2011-09)

No zoning permit, building permit or certificate of occupancy shall be issued for approval granted by the approving authority, if taxes or assessments for local improvements are due or delinquent on the property for which application is made. (1976 Code § 78-16; Ord. No. 3-82)

A zoning permit shall be required as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and shall acknowledge that such use, structure or building complies with the provisions of the Township development regulations or with a variance therefrom duly authorized by the Planning Board or Board of Adjustment. (1976 Code § 78-16; Ord. No. 3-82; Ord. No. 94-12)

a. When applying for permits as set forth herein, there shall also be filed in duplicate a plot plan showing to scale the size and location of all new construction and all existing structures on the site, distances from lot lines and the established street grades; and it shall be drawn in accordance with an accurate boundary line survey; except that for farm and farm residential applications wherein the farm is an existing and continuing enterprise at the time of application, the plot plan shall only be required to show to scale the size and location of all new construction in relationship to two (2) main structures; and it shall be sufficient to indicate the distances from the lot line rather than submit a plot diagram of the entire tract. In the case of demolition, the plot plan shall show all construction to be demolished and the location and size of all existing buildings and construction that are to remain on the site or plot; except that for farm and farm residential demolition applications wherein the farm is an existing and continuing enterprise at the time of application, the plot plan shall show all construction to be demolished in relationship to two (2) main structures which are to remain in the site.

b. Subsequent to the issuance of a building permit, but prior to the framing or installation of any structure, including but not limited to a dwelling, building, septic tank, etc., the holder of the building permit or his duly designated servant, agent or employee shall file with the Construction Official a foundation survey showing the boundaries of the premises in question and the actual location of the foundation of the structure being constructed.

c. After completion of a building or structure, except nonresidential farm buildings or structures, two (2) copies of a final survey certified by a licensed land surveyor, showing the locations of the buildings on the property, with all front, side and rear setback distances, individual water supply and sewerage facilities and driveways, shall be filed with the Construction Official prior to a request for final inspections and the issuance of a certificate of occupancy. A certificate of occupancy will not be issued nor may the premises be occupied until such final surveys have been submitted to and accepted by the Construction Official.

d. All foundation, surveys and final surveys required under subsection 30-16.9 paragraphs a., b. and c. shall be prepared by, signed and sealed by, a New Jersey licensed land surveyor. (1976 Code § 78-16; Ord. No. 3-82; Ord. No. 12-83; Ord. No. 91-24; Ord. No. 94-12)

Any person securing a permit for the removal or moving of a building or structure over, upon or across a public street, in addition to any other prescribed fees, shall file with the Township Clerk a bond with good and sufficient sureties to the Township of Holmdel as obligee, in the sum of twenty-five thousand ($25,000.00) dollars or such additional amount as recommended by the Township Engineer, conditioned upon the proper removal or moving of the building or structure without damage to the public streets, sidewalks, curbs or other public property and saving the Township and the public of the Township harmless from any and all damage that may be caused to any property or person by reason of the removal or moving of the building or structure, and agreeing to reimburse the Township for any moneys expended by it or by its public for repairs or damages. No permit shall be issued until such bond shall be filed as aforesaid. (1976 Code § 78-16; Ord. No. 3-82; Ord. No. 12-83; Ord. No. 94-12)

There is hereby established pursuant to P.L. 1975, c.291, a Planning Board of nine (9) members, consisting of the following four (4) classes, and two (2) alternate members:

a. Class I: the Mayor.

b. Class II: one (1) of the officials of the municipality other than a member of the governing body, to be appointed by the Mayor, provided that, if there is an Environmental Commission, the member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be deemed to be the Class II Planning Board member, if there is both a member of the Zoning Board of Adjustment and a member of the Board of Education among the Class IV or alternate members of the Planning Board.

c. Class III: a member of the governing body to be appointed by the governing body.

d. Class IV: six (6) other citizens of the municipality to be appointed as regular members and two (2) other citizens of the municipality to be appointed as alternates, all such appointments to be made by the Mayor. The members of Class IV shall hold no other municipal office, except that one (1) regular member may be a member of the Zoning Board of Adjustment and one (1) may be a member of the Board of Education. A member of the Environmental Commission who is also a member of the Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV Planning Board member unless there be among the Class IV or alternate members of the Planning Board both a member of the Zoning Board of Adjustment and a member of the Board of Education, in which case the member of the Environmental Commission shall be deemed to be the Class II member of the Planning Board. (1976 Code § 78-17; Ord. No. 3-82; Ord. No. 20-82)

a. The term of the member composing Class I shall correspond with his official tenure. The terms of the members composing Class II and Class III shall be for one (1) year or terminate at the completion of their respective terms of office, whichever occurs first, except for a Class II member who is also a member of the Environmental Commission. The term of a Class II or Class IV member who is also a member of the Environmental Commission shall be for three (3) years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever comes first. The term of a Class IV member who is also a member of the Board of Adjustment or the Board of Education shall terminate whenever he is no longer a member of such other body or at the completion of his Class IV term, whichever occurs first. The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be evenly distributed over the first four (4) years after their appointment as determined by resolution of the governing body; provided, however, that no term of any member shall exceed four (4) years, and further provided that nothing herein shall affect the term of any present member of the Planning Board, all of whom shall continue in office until the completion of the terms for which they were appointed. Thereafter all Class IV members shall be appointed for terms of four (4) years except as otherwise herein provided. All terms shall run from January 1 of the year in which the appointment was made.

b. Alternate members shall be designated at the time of appointment by the Mayor as "Alternate No. 1" and "Alternate No. 2." The terms of the alternate members shall be for two (2) years, except that the terms of the alternate members shall be such that the term of not more than one (1) alternate member shall expire in any one (1) year; provided, however, that in no instances shall the terms of the alternate members first appointed exceed two (2) years. No alternate member shall be permitted to act on any matter in which he has either, directly or indirectly, any personal or financial interest. An alternate member may, after a public hearing if he requests one, be removed by the governing body for cause. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote. (1976 Code § 78-17; Ord. No. 3-82)

If a vacancy of any class, including alternate members, shall occur otherwise than by expiration of term, it shall be filled by appointment for the unexpired term. (1976 Code § 78-17; Ord. No. 3-82)

The Planning Board shall exercise the following powers and duties:

a. To make, adopt and amend a Master Plan for the physical development of the municipality pursuant to the provisions of N.J.S.A. 40:55D-28.

b. To administer the provisions of the subdivision and site plan provisions of this chapter.

c. To approve conditional use applications.

d. To participate in the preparation and review of programs or plans required by State or Federal law or regulations.

e. To assemble data on a continuing basis as part of a continuous planning process.

f. To consider and report to the governing body within thirty-five (35) days after referral of any proposed development regulation submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a and to pass upon other matters referred to it by the governing body pursuant to the provisions of N.J.S.A. 40:55D-26b.

g. In reviewing applications for approval of subdivision plats, site plans or conditional uses, the Board shall have the power to grant variances pursuant to N.J.S.A. 40:55D-60 and 40:55D-70c with the same power to grant, to the same extent and subject to the same restrictions as the Board of Adjustment and direct the issuance of a permit for a building or structure either not related to a street (N.J.S.A. 40:55D-36), or in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map (N.J.S.A. 40:55D-32). Whenever relief is requested pursuant to this subsection, notice of the hearing on the application for development shall include reference to the application for a variance or direction for issuance of a permit, as the case may be. Whenever an application for approval of a subdivision plat, site plan or conditional use includes a request for a variance or the issuance of a permit, the Planning Board shall grant or deny approval of the application within ninety-five (95) days after submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Failure of the Planning Board to act within this period shall constitute approval of the application.

h. To perform such other advisory duties as are assigned to it by ordinance or resolution for the aid and assistance of the governing body or other municipal agencies or officers.

1. To review and make recommendations on such matters as the location, character or extent of capital projects in accordance with N.J.S.A. 40:55D-31 to the governing body or other public agency having jurisdiction on capital projects necessitating the expenditure of public funds.

j. To hear appeals pursuant to Section 30-158, Riparian Zone Ordinance. (1976 Code § 78-17; Ord. No. 3-82; Ord. No. 2010-22 § I)