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TOWNSHIP OF CHESTERFIELD ORDINANCE 2008 – 1 AN ORDINANCE TO AMEND SECTION 130-88.1 OF THE CODE OF THE TOWNSHIP OF CHESTERFIELD TO ESTABLISH PROCEDURES FOR THE REIMBURSEMENT OF COSTS INCURRED BY DEVELOPERS IN THEIR DEVELOPMENTS WITHIN OLD YORK VILLAGE OR ELSEWHERE WITHIN THE TOWNSHIP WHICH EXCEED A DEVELOPER’S FAIR AND PROPORTIONAL SHARE OF THE COSTS INCURRED BE IT ORDAINED AND ENACTED by the Township Committee of the Township of Chesterfield in the County of Burlington and State of New Jersey that: Section 1. Section 130-88.1 (e) of the Code of the Township of Chesterfield is hereby amended to add a new subsection 2 to read as follows: (2) Procedures for Reimbursement of Excess Costs Incurred. As elsewhere required above, developers within the Township of Chesterfield may be required to construct or install improvements beyond those directly needed for their developments. They are entitled to receive reimbursement from other property owners or developers within the community for those sums incurred by a developer which are determined to be beyond that which is a developers proportionate share of the costs incurred in accordance with the following procedures: a. Submission of a request for reimbursement. A developer seeking reimbursement for costs incurred said to be beyond their fair and proportionate share of the costs incurred for construction or installation of improvements within the Township shall submit to the Township Engineer three (3) copies of a request for reimbursement on forms approved by the Township Committee for this purpose providing: 1. The name, address, telephone, fax and other contact numbers, and any other pertinent information about the applicant. 2. The nature of the improvements constructed providing a description of the improvement. 3. The contractors, with contact information, who constructed or installed the improvement, the cost of which reimbursement is sought. 4. Copies of all contracts issued for the construction or installation of the improvements, and proof of payment for same, along with a summary and such other information as may be necessary to set forth the total cost of the reimbursement sought. 5. A statement to the extent known of all entities or persons who, in the mind of the developer, would be responsible for all or any portion of the reimbursement sought providing names, addresses, and telephone numbers of those entities or persons. 6. An escrow fee of $500 to cover the cost of the Township Engineer’s review and administration of the request.
b. Action of the Township Engineer. The Township Engineer shall provide one copy of the request to the Township Clerk to be kept on file. The Township Engineer shall, within thirty (30) days of the date submitted, determine whether sufficient information has been submitted to review the request. If the Township Engineer determines that sufficient information has been submitted, the Township Engineer shall notify the requesting developer of this fact. If the Township Engineer determines that additional escrow is necessary, the Township shall so notify the developer, and the developer shall immediately post same to allow for the timely review of their request. Failure to post additional escrow shall stay any timelines set forth under this section. In the event the Township Engineer shall determine that the information submitted is inadequate for review, the Township Engineer shall so notify the developer, and no further review will occur unless and until the additional information is submitted. In any event, the Developer shall be responsible to pay all costs incurred by the Township’s professional staff within thirty (30) days of the date a request for payment is sent by the Township Clerk or the application shall be deemed withdrawn. All charges shall reflect each professional’s hourly rate to the Township of Chesterfield for other work performed by the professional.
c. Actions by Township Engineer on Completion Determination. Upon the request being deemed complete for purposes of review, the Township Engineer shall send notice to each of the entities or persons identified by the Developer as parties from whom reimbursement shall be sought, that an application for reimbursement has been submitted, that a copy is on file with the Township Clerk, and available for review during the hours the Clerk’s office is open to conduct the public’s business. All to whom this notice is sent shall be entitled to submit to the Township Clerk within thirty (30) days of receipt of the notice any additional information which that entity or person deems pertinent to a determination on the request. All such information shall be submitted to the Township Engineer in triplicate. One copy, upon receipt, shall be given to the Township Clerk. One copy of the initial request form, along with one copy of any submission made by entities or persons who the Developer believes is responsible to reimburse the Developer for costs in issue shall be forwarded to the Township Solicitor for review and comment. d. Actions by Township Engineer upon Receipt of a Complete Request. Within ninety (90) days of the date a request is determined complete and all escrow funds have been posted, the Township Engineer shall conclude a review of the application and any related material submitted and shall issue a report which: 1. determines the amount which the Developer is entitled to receive for reimbursement, 2. sets forth who is to pay this amount, and the calculations used to reach that amount.
The Township Engineer’s report shall be filed with the Township Clerk and sent to the Developer and to each entity or person found by the Township Engineer to be responsible for reimbursement for all or any portion of the sums claimed by the Developer. e. Further action by Developer and Entities or Persons Found to be Responsible for Costs. Within thirty (30) days of the date that a developer or other entities or persons found to be responsible for all or any portion of the costs for which reimbursement is sought receives the report from the Township Engineer on the application, each shall have a right to submit any written objections to the contents and conclusions of the report. Any Developer, or other entity or person who receives a copy of the report and does not submit any objections shall be deemed to have accepted its contents. All written objections shall be submitted in triplicate within the thirty (30) day time period to the Township Engineer. The Township Engineer shall file one copy with the Township Clerk and provide one copy to the Township Solicitor. Written objections shall be simultaneously submitted to each entity or person identified in the report as being responsible for any sum required to be paid to reimburse the Developer. All such objections shall set forth their basis with specificity, along with all supporting documents sought to be considered, in support of any modification of the report. f. Actions by the Township Engineer. Within forth-five (45) days of the receipt of any written objection, the Township Engineer shall either affirm the previous report or modify its contents based on the material submitted. The final report shall be issued to the Township Clerk, Township Solicitor, Developer, and all impacted parties.
g. Appeal to the Township Committee. Any interested Developer, entity or person having an interest in the final report shall have the right to appeal the final report issued by the Township Engineer to the Township Committee by filing with the Township Clerk, with copy to the Township Engineer and Township Solicitor, a notice of appeal which shall set forth the basis for the appeal. The appeal shall also be submitted to all impacted parties. The Township Committee shall schedule a public hearing on the appeal before the Township Committee within forty-five (45) days of the date the appeal is filed. The Township Clerk shall provide notice of the hearing to the Developer and all entities or persons which the final report or the appeal states is responsible to pay any portion of the reimbursement sought. The appeal, unless the Township Committee otherwise directs, is limited to argument on the various documents submitted to or considered by the Township Engineer. Live witnesses shall normally not be called and the hearing before the Township Committee shall not be considered a trial of the issues in contest. All persons having an interest in the ultimate decision may be present and heard with or without an attorney. At the conclusion of the hearing or hearings, the Township Committee shall render a decision on the appeal which may affirm the final report, modify the final report, or remand the matter back to the Township Engineer for further review with instructions on the process to follow. A decision by the Township Committee to affirm or modify the Report shall be a final decision. Appeal of such decisions shall be to Superior Court, Burlington County.
h. Payment of the Sums Due. The Township Clerk shall notify all Developers, the Township Engineer, all entities and persons who are to pay any portion of the sums which are to be reimbursed of the decision of the Township Committee providing a copy of the Resolution adopted to memorialize it. All sums required by the decision are to be paid to the Township of Chesterfield within thirty (30) days of the date the Developer, entity, or person receives a copy of the Resolution.
i. Failure to Pay Sums Due. Should any Developer, entity, or person fail to pay the sums due by the Township Committee, it shall be deemed a debt collectable in the fashion of any other debt due in the Courts of the State of New Jersey. Further, such a payment is deemed a condition of approval for any development within the Township’s Receiving Zone (Old York Village). A failure to make the payment when due shall terminate any rights to develop under any approval given by the Land Use Board for the Township of Chesterfield. No building permits, occupancy permits, or other approvals shall be entertained unless and until these sums are paid.
Section 2. Repealer. All ordinances inconsistent with this Ordinance are repealed to the extent of its inconsistency. Section 3. Severability. If any section, paragraph, subdivision, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision and the remainder of this ordinance shall be deemed valid and effective. Section 4. Effective Date. This Ordinance shall take effect upon its proper passage and publication in accordance with the law. CHESTERFIELD TOWNSHIP COMMITTEE
Introduced: January 24, 2008 Adopted: February 13, 2008 |