Every applicant shall pay a fee to the township clerk at the time of filing an application for a land disturbance permit based upon a schedule set forth in subsection 13-14.1i.

A complete application for a land disturbance permit shall be filed with the township clerk.

If the application is within the jurisdiction of the township planning board, an applicant shall file 7 copies of the application form accompanied by 13 copies of the Plan and any other required documents.

If the application is within the jurisdiction of the township engineer, the applicant shall file 6 copies of the application form accompanied by 6 copies of the Plan and any other required documents.

All applications within the jurisdiction of the planning board shall be filed at least 21 days before a monthly meeting of the board at which formal action is taken, provided that no application shall be accepted by the township clerk more than 28 days prior to the date of the meeting selected to meet such 21-day requirement.

Upon receiving an application within the jurisdiction of the planning board, the township clerk shall note the date of submission on all copies of the application form, shall retain 1 copy of the application form together with 1 copy of the Plan and any other accompanying documents, shall forward 1 copy of the application form together with 1 copy of the Plan and any other accompanying documents to the township engineer, and shall deliver 4 copies of the application form together with 10 copies of the Plan and any other accompanying documents to the secretary of the planning board. The township clerk shall also forward 1 copy of the application form together with 1 copy of the Plan and any other accompanying documents to the township environmental commission.

Upon receiving an application within the jurisdiction of the township engineer, the township clerk shall note the date of submission on all copies of the application form, shall retain 1 copy of the application form together with 1 copy of the Plan and any other accompanying documents, shall forward 1 copy of the application form together with 1 copy of the Plan and any other accompanying documents to the planning board for informational purposes, and shall deliver 4 copies of the application form together with 4 copies of the Plan and any other accompanying documents to the township engineer.

Whenever it appears subsequent to submission to the township clerk that an application is incomplete, the secretary of the planning board or the township engineer, as the case may be, shall promptly notify the applicant of the deficiencies, but if such notice is not given to the applicant within 28 days after submission the application shall be deemed to be complete.

Whenever an incomplete application is supplemented so as to make it complete, the period of time limitation set forth in subsection 19-6.3 shall commence to run from the date when the application becomes complete. The new date shall be noted on the original application forms and upon the supplementing instruments received.

Whenever an applicant is seeking one or more related approvals for a project from the township planning board, zoning board of adjustment or township engineer, the application for a land disturbance permit shall be submitted as directed by the planning board or township engineer at a time when the status of the related approval or approvals will permit the application for a land disturbance permit to be properly evaluated. Premature submission of an application for a land disturbance permit constitutes grounds for denial of the application accompanied by a direction for re-submission at an appropriate time.

Applications for land disturbance permits within the jurisdiction of the planning board shall be reviewed by the planning board and the township engineer. The township engineer shall furnish comments on the application to the planning board within 14 days after the submission of the application unless the planning board advises the township engineer of a longer period of time for his review. The planning board may refer an application to the Morris County Soil Conservation District, the township environmental commission or any other qualified governmental agency or agencies or consultants for review and comments within a period of time indicated by the planning board.

Applications within the jurisdiction of the township engineer shall be reviewed by the township engineer. An application may be referred by the township engineer to the Morris County Soil Conservation District or any other qualified governmental agency or agencies or consultants for review and comments within a period of time indicated by the township engineer.

The purpose of every review shall be to determine whether or not the application, Plan and any other accompanying documents meet the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee and any higher standards established by this chapter.

The filing fee for an application for a land disturbance permit set forth in subsection 13-14.1 or incorporated in that subsection does not cover any of the following expenses which shall be borne by the applicant:

a. Expenses incurred by the township for professional services rendered in connection with an application for a land disturbance permit, including review, study, research, reports and/or testimony deemed necessary in order to assure compliance with applicable laws and regulations and township ordinances, rules, regulations and standards;

b. Expenses incurred by the township for professional services for the review and preparation of documents necessary in connection with the processing of an application for a land disturbance permit, including but not limited to resolutions, developer's agreements and performance guarantees, as well as conferences and correspondence relating to the foregoing;

c. Expenses incurred by the township for inspections by the township engineer of improvements constructed and installed by an applicant and/or inspections by the township engineer of measures required to be undertaken by the applicant pursuant to the land disturbance permit, all of which expenses are the subject of subsection 19-8.2.

This subsection 19-6.1 applies only to the expenses referred to in a. and b. above, and for convenience the funds to be paid to the township by an applicant in order to cover such expenses are hereinafter referred to as "professional service fees".

The provisions of subsection 13-14.7, Fees for Professional Services Rendered to Municipal Agencies in Connection with an Application for Development, of Chapter XIII, Land Use Procedures and Fees, respecting the deposit of funds to cover professional service fees, the administration of such funds and their disbursement shall be applicable and shall be adhered to by the applicant and the township, provided, however, that the initial deposit for professional service fees made at the time of filing an application for a land disturbance permit shall be in an amount which equals five (5) times the amount of the filing fee required to be paid pursuant to the provisions of subsection 13-14.1.

It is not intended that an applicant for a land disturbance permit, who has also filed an application for development pursuant to another Chapter of the Land Use Ordinance of the Township of Mendham with respect to the same property and who has provided escrow funds pursuant to the provisions of subsection 13-14.7, shall be required to provide other escrow funds pursuant to this subsection 19-6.1 solely by reason of the application for a land disturbance permit, provided that the escrow funds already on deposit with the township are deemed sufficient to cover the costs of the professional services in connection with the application for the land disturbance permit. If such funds are deemed to be insufficient, the applicant shall deposit such further funds as may be requested by the township, which request shall be reasonable in regard to the nature and scope of the professional services which may be necessary. No professional review or other services shall be performed by the township with respect to the application until such deposit is made.

An application within the jurisdiction of the planning board shall be approved by the planning board if upon review the board determines that the application meets the standards referred to in subsection 19-6.1. An application within the jurisdiction of the township engineer shall be approved by the township engineer if upon review he determines that the application meets such standards.

In the event that an application does not meet the standards referred to in subsection 19-6.1, the planning board or the township engineer, as the case may be, may approve the application subject to the imposition of terms and conditions which will provide for compliance with such standards. Any such terms and conditions shall be endorsed upon or attached to the application before approval is granted.

Other special terms and conditions may be imposed upon an application by the approving authority in order to assure proper implementation of the Plan in accordance with the intent and purposes of this chapter and may include fixing the time schedule for exposure of land areas and for the construction and installation of improvements or the taking of other measures to prevent soil erosion, sedimentation and flooding and may require that such work be completed prior to any site development work.

All terms and conditions imposed by the planning board or township engineer, as the case may be, shall become a part of the approved Plan for all purposes of the provisions of this chapter.

As to every application which is approved, the approving authority shall endorse thereon the amount of the performance guarantee required pursuant to the provisions of subsection 19-7.1.

If an application is disapproved, the reason for disapproval shall be endorsed upon or attached to the application.

As soon as any application has been reviewed and acted upon, 3 copies of the application with endorsements or attachments shall be forwarded to the township clerk. The township clerk shall promptly notify the applicant in writing of the action taken by the planning board or township engineer, as the case may be, indicating whether the application was approved as submitted, approved subject to attached conditions, or denied for reasons stated. In cases of approval, the township clerk shall also notify the applicant of the amount of the performance guarantee required to be furnished to the township.

The township clerk shall also notify the township environmental commission of action taken by the planning board on applications within its jurisdiction.

The township planning board or township engineer, as the case may be, shall approve or disapprove an application for a land disturbance permit within a period of 30 days after the submission of a complete application to the township clerk, unless by mutual agreement in writing between the applicant and the reviewing authority the period of 30 days is extended for an additional period of 30 days.

Failure to approve or disapprove a complete application within such period or such extension thereof shall constitute approval of the application, and the applicant shall be entitled to the issuance of a land disturbance permit by the township clerk as though the application had been approved pursuant to the provisions of subsection 19-6.2 in the form in which the application was submitted.

For purposes of this subsection, a major revision by the applicant of the Plan accompanying the application shall constitute a new submission of an application by the applicant.

The provisions of this subsection shall not relieve an applicant of the obligation to furnish a performance guarantee as required by subsection 19-7.1, nor shall the provisions of this subsection relieve an applicant of any other obligation imposed by this chapter upon a person to whom a land disturbance permit is issued.

Immediately following action by the township planning board or township engineer, as the case may be, pursuant to subsection 19-6.2, whether such action constitutes approval or disapproval, the township clerk shall forward 1 of the 3 complete applications received from the planning board or township engineer to the Morris County Soil Conservation District, together with such other information as the District may require.

In the event that an applicant obtains approval by inaction under the provisions of subsection 19-6.3, the township clerk shall obtain from the planning board or township engineer, as the case may be, 2 complete applications, and the township clerk shall forward 1 complete application to the Morris County Soil Conservation District, together with a statement of approval by inaction and such other information as the District may require.

Following approval of an application for a land disturbance permit and prior to the issuance of the permit, the applicant shall enter into an agreement with the Township of Mendham with respect to the construction or installation of any required improvements and/or the undertaking of any required measures, which agreement shall include provisions respecting compliance with the terms and conditions of approval, the schedule of work and completion date, the inspection and approval of work and/or measures by the township engineer, the payment of inspection fees, the correction of any defective work and/or measures, the furnishing of a performance guarantee in an amount specified by the board or official having jurisdiction over the application, or as fixed by the township engineer in event of approval by inaction as provided in subsection 19-6.3, and the rights of the township to enforce compliance with the agreement and to alleviate any adverse conditions or impacts caused by the applicant and not corrected after due notice, with the costs of the foregoing to be borne by the applicant.

The performance guarantee shall be in favor of the township and shall be equal to one hundred twenty percent (120%) of the total estimated costs of (1) any required improvements called for by the approved Plan and (2) any required measures called for by the approved Plan. The total estimated costs shall be determined by the township engineer. In determining the estimated costs of any improvements and/or measures, the township engineer shall prepare an itemized cost estimate of the improvements and/or measures to be covered by the performance guarantee, and the itemized cost estimate shall be appended to each performance guarantee posted by the applicant. The cost of the construction and installation of any required improvements and/or the cost of any required measures shall be estimated by the township engineer based upon documented construction costs for public improvements prevailing in the general area of the township.

The applicant may appeal the township engineers estimate to the township committee. The township committee shall decide the appeal within 45 days of the receipt of the appeal in writing by the township clerk. After the applicant posts the performance guarantee with the township based upon the estimated cost as determined by the township committee, the applicant may institute legal action within one (1) year of the posting in order to preserve the right to a judicial determination as to the fairness and reasonableness of the amount of the performance guarantee.

The performance guarantee shall set forth the date or dates on or before which any improvements are to be constructed or installed and/or the date or dates before which specified measures are to be undertaken. The performance guarantee shall run for a term not to exceed two (2) years from the date of the approval of the application for the land disturbance permit. Upon the request of an applicant, and with the consent of any other obligor and the surety on any performance bond, the time allowed for the completion of improvements may be extended by the township committee by resolution. The planning board shall have a 30-day period in which to comment upon any proposed extension. As a condition or as 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 estimated cost of the installation of the remaining improvements and/or measures as determined by the township engineer as of the time of the adoption of the resolution. Such determination shall be made by the same method used for the original calculation of the estimated cost of improvements and/or measures as hereinabove provided.

The performance guarantee shall also assure the furnishing of a maintenance guarantee as required by section 19-9.

Ten percent (10%) of the performance guarantee shall be in the form of a cash deposit with the township pursuant to a cash deposit agreement between the applicant and the township. The balance of the performance guarantee may be in the form of an irrevocable letter of credit or a surety bond in favor of the township issued by a banking institution or a surety company, as the case may be, authorized to do business in the State of New Jersey and in good financial standing and acceptable to the township. A bank issuing an irrevocable letter of credit shall meet or exceed capital requirements of regulatory agencies, shall not be operating under any type of supervisory constraint or agreement, and shall not be financing the development as to which the irrevocable letter of credit is issued. A surety company shall not be operating under any judicial orders or constraints.

The performance guarantee for land disturbance improvements and/or measures may be included in a performance guarantee provided pursuant to the provisions of subsection 16-7.4 when the applicant is simultaneously being granted other approvals pursuant to chapter XVI.

A separate performance guarantee for land disturbance shall be released as provided in section 19-9.3.

Upon receipt of an approved application, or upon approval by reason of inaction as provided in subsection 19-6.3, and the receipt of a performance guarantee meeting the requirements of subsection 19-7.1, the township clerk shall issue a land disturbance permit to the applicant. The township clerk shall attach to the permit a copy of the complete application as approved, including the Plan and all accompanying documents.

A person to whom a land disturbance permit has been issued shall be responsible for the performance of all work in strict conformity with the approved Plan and all terms and conditions thereof, including the time schedule for exposure of land areas and for the construction and installation of improvements or the taking of other measures to prevent soil erosion, sedimentation and flooding.

The township engineer shall inspect every project for which a land disturbance permit has been issued. The township engineer shall be responsible for enforcing compliance with the permit and the provisions and requirements of this chapter.

To assist in making inspections, a copy of the land disturbance permit to which is attached a complete copy of the application with the accompanying Plan and other documents as well as any terms and conditions imposed by the approving authority shall be kept at the site at all times during construction.

Generally, inspections shall be conducted at the following times:

a. Prior to any construction or measures, in order to check details of location and field conditions.

b. Intermittently during construction and vegetative protection measures.

c. After completion of all construction and establishment of vegetation.

d. At least three times during the maintenance period.

e. At other times as may be necessary because of unsatisfactory conditions.

The township engineer shall bring to the attention of the person to whom a land disturbance permit has been issued, or to his agent in charge of work at the site, any deviations from the approved Plan and any other violations of this chapter in order that such deviations and violations may be immediately corrected.

All of the costs of inspections by the township engineer shall be borne by the applicant. The provisions of Section 13-15, Inspection Fees and Costs, of Chapter XIII, Land Use Procedures and Fees, respecting the deposit of funds to cover inspection fees, the administration of such funds and their disbursement shall be applicable and shall be adhered to by the applicant and the township.

It is not intended that an applicant to whom a land disturbance has been issued, who has also received approval for development pursuant to another Chapter of the Land Use Ordinance of the Township of Mendham with respect to the same property and who has provided escrow funds pursuant to the provisions of Section 13-15, shall be required to provide other escrow funds for similar expenses to be borne by the applicant solely by reason of the issuance of the land disturbance permit, provided that the escrow funds on deposit with the township are deemed sufficient to cover the inspection costs in connection with work pursuant to the land disturbance permit. If such funds are deemed to be insufficient, the applicant shall deposit such further funds as may be requested by the township, which request shall be reasonable in regard to the nature and scope of the inspection which may be necessary. No work or further work shall be performed by the applicant until such deposit is made, and, if necessary, a stop work order may be issued by the township.

When in his judgment the circumstances warrant such action, the township engineer may issue a stop work order to a person to whom a land disturbance permit has been issued or to his agent in charge of work at the site. Thereupon, until all deviations from the approved Plan and any other violations of this chapter have been corrected, no work shall be carried on at the site except such work as is necessary to effect such correction. If such deviations and violations are not promptly corrected, the township engineer shall bring the matter to the attention of the township administrator for appropriate action by the township.

When deemed necessary or appropriate by reason of conditions arising in the field during the course of the performance of work, the township engineer may order or approve amendments, changes or modifications of a minor nature in an approved Plan.

All work shall be carried on between the hours of 8 A.M. and 4:30 P.M., prevailing time, Monday through Friday, inclusive. No work shall be carried on at any other time unless permission therefor is granted by the township engineer to a person holding a land disturbance permit.

When the township engineer finds that all construction or installation work and all measures required under an approved Plan have been fully performed in accordance with all the terms and conditions thereof, the township engineer shall issue a certification to that effect.

The township engineer shall deliver 5 copies of every such certification to the township clerk, who shall retain 1 copy and forward a copy to each of the following: the person to whom the land disturbance permit was issued, the township construction official, the secretary of the township planning board, and the Morris County Soil Conservation District.

No certificate of occupancy shall be issued for any building or structure which is part of a project for which a land disturbance permit has been issued until the aforementioned certification has been received by the township construction official.

If an applicant shall fail to complete any required improvements or shall fail to undertake and maintain any required measures in accordance with the terms and conditions of a land disturbance permit, or if the applicant shall fail to correct any deficiencies or defects in such improvements or measures, the applicant, any other obligor and any surety on a performance bond provided in accordance with the provisions of subsection 19-7.1 shall be liable thereon to the township for the reasonable cost of the improvements not completed or corrected and/or the reasonable cost of undertaking and maintaining the required measures, and the township may, either prior to or after the receipt of the proceeds thereof, complete or correct such improvements and/or undertake and maintain such measures. Such completion or correction of improvements and/or undertaking and maintaining required measures shall be subject to the public bidding requirements of the Local Public Contracts Law, R.S. 40A:11-1 and following. The reasonable cost of completing and/or correcting the required improvements and/or undertaking and maintaining the required measures shall include all expenses incurred by the township for the preparation of bidding documents and award of a contract or contracts.

The person to whom a land disturbance permit has been issued and the subsequent owners of the property subject of the permit shall be responsible for and shall maintain all construction and installation work and measures performed pursuant to the permit in good order for a period of two (2) years following the issuance of the certification by the township engineer as provided in subsection 19-8.6.

At the time of and prior to the issuance of the certification of completion under subsection 19-8.6, the person to whom the land disturbance permit was issued, or if such person is no longer the owner of the land comprising the project then the current owner or owners, shall furnish the township with a maintenance guarantee to assure compliance with the provisions of subsection 19-9.1. The maintenance guarantee shall be in an amount equal to fifteen percent (15%) of the total cost of the improvements and/or measures required by the approved Plan. The amount of the maintenance guarantee shall be calculated by the township engineer by the same method used for the calculation of the cost of improvements and/or measures as provided in subsection 19-7.1. The maintenance guarantee shall be in the form of an irrevocable letter of credit or a surety bond, provided that all of the requirements of subsection 19-7.1 for such guarantees shall be satisfied. A maintenance guarantee may be furnished, at the election of the person providing it, wholly or partly in the form of a cash deposit pursuant to a cash deposit agreement with the township.

In the event of a failure of compliance with the provisions of subsection 19-9.1, the township shall have the same rights with respect to the maintenance guarantee as are provided in subsection 19-8.7 with respect to a performance guarantee.

The maintenance guarantee shall be released by the township at the end of the 2-year period for maintenance, provided that all of the maintenance obligations set forth in subsection 19-9.1 have been satisfied.

19.9.3 Release of Performance Guarantee.

Upon the acceptance of a maintenance guarantee in accordance with the provisions of this section, the township shall release the performance guarantee furnished in accordance with the provisions of section 19-7.

Any person aggrieved by any decision or action of the township planning board or the township engineer in the administration of the provisions of this chapter may appeal to the township committee in writing, such appeal to be filed with the township clerk within ten (10) days from the date of the decision or action complained of. The appellant shall be entitled to a hearing before the township committee, which shall fix a date therefor not less than twenty (20) days nor more than thirty (30) days from the date of the decision or action which is the subject of the appeal. Upon such hearing or within ten (10) days thereafter the township committee shall affirm, alter or rescind the decision or action complained of by resolution setting forth written findings of fact and legal conclusions.

If any person violates any of the provisions of this chapter any of the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee, or any standard established by this chapter or if any person fails to comply with the provisions of an approved Plan, or any terms or conditions imposed by the municipal authority approving such Plan, the Township of Mendham may institute a civil action in the Superior Court of New Jersey for injunctive relief to prohibit and prevent such violation or violations and said court may proceed in a summary manner.

Any person who violates any of the provisions of this chapter any of the Standards for Soil Erosion and Sediment Control in New Jersey as promulgated by the State Soil Conservation Committee, or any standard established by this chapter and any person who fails to comply with the provisions of an approved Plan, or any terms or conditions imposed by the municipal authority approving such Plan shall be liable to a penalty of not less than $25.00 nor more than $3,000.00 to be collected in a summary proceeding pursuant to the Penalty Enforcement Law (R.S. 2A:58-1 and following). The Superior Court, County Court, County District Court and Municipal Court shall have jurisdiction to enforce said Penalty Enforcement Law. If the violation is of a continuing nature, each day during which it continues shall constitute an additional separate and distinct offense.

In the event of any inconsistency between the provisions of this chapter and any other provision of the Revised General Ordinances of the Township of Mendham, 1970, as amended and supplemented, the provisions of this chapter shall be controlling, provided, however, that this section 19-12 shall not be interpreted as relieving an applicant for a land disturbance permit or a person to whom a land disturbance permit has been issued from compliance with other ordinance provisions which set higher or more detailed standards than those set forth in this chapter.