Whenever a term is used in this chapter which is defined in c. 291, P.L. 1975,[1] such term is intended to have the meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of this chapter.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Added 3-25-1980; amended 3-31-1992]
A. 
Performance guaranties.
(1) 
"Performance guaranty" means any security which may be accepted by the township, which shall be limited to letters of credit and cash as permitted by N.J.S.A. 40:55D-53.5, 40:55D-53.3, 40:55D-6, 40:55D-53 and other applicable laws.
[Amended 4-25-1995]
(2) 
It may be required as a condition of approval of an application for development or the issuance of a zoning permit that a performance guaranty shall be posted by the applicant to guarantee the installation of improvements. Whenever the posting of a performance guaranty in favor of the municipality is required, the amount thereof shall not exceed 120% of the cost of installation, which cost shall be estimated by the Municipal Engineer based on documented construction costs for public improvements prevailing in the general area of the township in accordance with N.J.S.A. 40:55D-53 or other applicable section of the Municipal Land Use Law. The developer may appeal the Municipal Engineer's estimate to the governing body. The governing body shall decide the appeal within 45 days of receipt of the appeal, in writing, by the Municipal Clerk.
(3) 
Upon the substantial completion of all required improvements and connection of the same to the public system, the obligor may request of the Township Committee, in writing, an approval of the improvements and a release of the performance guaranty pursuant to the provisions of N.J.S.A. 40:55D-53.
(4) 
If any portion of any required improvements is rejected by the township and the township is forced to complete such improvements with the proceeds of the performance guaranty, such completion of improvements shall not be subject to the bidding requirements of the Local Public Contracts Law.[1]
[1]
Editor's Note:  See N.J.S.A. 40A:11-1 et seq.
(5) 
Right to require performance guaranties prior to final approval. The reviewing municipal body may require an applicant to post guaranties with the township as a condition of preliminary site plan, preliminary subdivision or conditional use approval, in accordance with § 15-38.1 of the Code of the Township of Hampton. Said guaranties may be required as a condition of preliminary subdivision approval or preliminary site plan approval if municipal property, roads or drainage or county roads or drainage is affected by an improvement to be undertaken prior to final approval.
(6) 
Obligation of developer to remove snow and ice from subdivision streets and site plan streets. The applicant shall furnish the following as a condition of preliminary subdivision approval:
[Added 6-28-1994]
(a) 
A letter from the applicant agreeing to remove all snow and ice from any street in said development upon which a residence has been constructed within eight hours of daylight after the same shall fall or be formed thereon as a continuing obligation until such time as any such street or streets have been accepted by the Township of Hampton.
(b) 
The applicant shall post a performance guaranty in a form acceptable to the Township Committee, either a letter of credit, a performance bond or, if the applicant chooses, cash in the amount of $1,000 guaranteeing the applicant's obligation to remove snow and ice from new streets in the subdivision prior to their acceptance as township streets by the Township Committee as set forth in the preceding subsection. If the applicant fails to remove the snow and ice as aforesaid, the township may remove the snow and ice and charge the applicant or the performance guaranty for the cost thereof.
B. 
Upon substantial completion of all required appurtenant utility improvements and the connection of the same to the public system, the obligor may notify the Township Committee in writing of such completion or substantial completion as provided for in N.J.S.A. 40:55D-53d, and, after inspection and report of the Municipal Engineer, the Township Committee may approve, partially approve or reject the improvements. Where partial approval is granted, the bond of the obligor may be reduced, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Notice shall be given to the obligor as required by N.J.S.A. 40:55D-53e.
C. 
Maintenance guaranties.
(1) 
"Maintenance guaranty" means any security which may be accepted by the township for the maintenance of any improvements required as a condition of approval of an application for development or for the issuance of a zoning permit pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., which shall be limited to letters of credit and cash as permitted by  N.J.S.A. 40:55D-53.5, 40:55D-53.3, 40:55D-6, 40:55D-53 and other applicable laws.
[Amended 4-25-1995]
(2) 
Whenever the posting of a maintenance guaranty is required pursuant to the terms of the Land Subdivision or Site Plan Review Chapters, said guaranty shall be posted for a period not to exceed two years after the final acceptance of the improvement in an amount not to exceed 15% of the cost of the improvement, which cost shall be determined by the Municipal Engineer according to the method of calculation set forth in N.J.S.A. 40:55D-53. In the event that other government agencies or public utilities automatically will own the utilities to be installed or the improvements are covered by a performance or maintenance guaranty to another governmental agency, no maintenance guaranty shall be required by the municipality for such utilities or improvements.
(3) 
If any correction or reconstruction of any such improvement is necessary and is to be performed by the township with the proceeds of any maintenance guaranty, the cost thereof shall not be subject to public bidding requirements under the Local Public Contracts Law, provided that no public funds are expended.
[Added 7-31-1984; amended 10-10-1989]
A developer, as a condition of approval of an application for development, may be required to pay impact fees or a pro rata share of the cost of providing only reasonable and necessary street improvements, transportation improvements, water facilities, sewage facilities, drainage facilities, educational facilities, open space, recreational facilities, cultural facilities, fire protection facilities and general municipal or public facilities and easements therefor located outside the property limits of the development but reasonably related to construction or improvements within the development as set forth herein.
A. 
Improvements to be constructed at the sole expense of the developer. In cases where an off-tract improvement or improvements are reasonably related to construction or improvements within the development and where no other property owners receive a special benefit thereby, the reviewing municipal board shall require the developer, as a condition of approval, at the developer's sole expense, to provide for and construct such improvements as if such were on tract improvements in the manner provided hereafter and as otherwise provided by law.
B. 
Contributions by developer toward required off-tract improvements.
(1) 
In cases where an off-tract improvement or improvements are reasonably related to construction or improvements within the development and where the Planning Board determines that properties outside the development will also be benefited by the improvements, such determination shall be made by the reviewing municipal board, in writing. Such resolution or determination of the board shall specify the off-tract improvement or improvements which are reasonably related to construction or improvements within the development and the terms and conditions which shall be imposed upon the developer to ensure the successful and reasonable implementation of the same. General criteria to be considered by the reviewing municipal board include the total cost of the off-tract improvement, the benefits conferred and the needs created by the development, the population and land use projections for the general area of the developer's property and other areas to be served by the off-tract improvement, the estimated time for construction and the condition and periods of usefulness of the improvement, which periods may be based in part upon the criteria of N.J.S.A. 40A:2-22. In addition, the need to protect the health, safety and general welfare of the township and the area should be considered as well as the township development ordinances and Master Plan. The board may seek the assistance of the Board Attorney, Engineer and any other consultants, qualified experts or township officials.
(2) 
In the event that the reviewing municipal board determines that one or more improvements constitute off-tract improvements, the Board shall notify the Township Committee, specifying the Board's recommendation relative to the estimated cost of the same, the developer's prorated share of the cost and possible methods or means to implement the same, including but not limited to performance and maintenance guaranties, cash contributions, development agreements, construction by the developer or construction by the township.
(3) 
The reviewing board shall not grant final approval on the development until all aspects of such conditions have been mutually agreed upon by both the developer and the Township Committee and a written resolution to that effect by the Township Committee has been transmitted to the reviewing municipal board.
C. 
Methods of construction. When the recommendation of the reviewing municipal board is received by the Township Committee together with estimates of the cost of construction, the Township Committee shall then decide whether the off-tract improvement is to be constructed by the township as a general improvement; by the township as a local improvement; by the applicant solely; or by the applicant under a formula providing for partial reimbursement by the township for benefits to properties other than the development.
D. 
Methods of implementation.
(1) 
Performance and maintenance guaranties. The reviewing municipal board may require a performance guarantee and/or maintenance guarantee to insure the construction of an off-tract improvement as a condition of approval of the development.
(2) 
Developer's agreement. The reviewing municipal board may require as a condition of approval a developer's agreement to be entered into between the applicant and the Township Committee governing the installation of improvements within and outside of the development, including off-tract improvements. Said agreement shall be approved as to form by the reviewing municipal board, Board Attorney and Board Engineer. The agreement shall specify the manner of construction of the improvements, the amount of cash contributions and amount and form of performance and maintenance guaranties, the timing of the installation and payment of contributions and the posting of performance guaranties and maintenance guaranties and other appropriate obligations of the parties.
(3) 
Cash contributions; method of payment. Where a cash contribution is required by this chapter, such contributions shall be deposited with the Treasurer of the township with a copy of the applicant's transmittal letter forwarded to the Township Committee, the Township Engineer and the Planning Board. Any and all moneys received by the Treasurer shall be deposited in an escrow account for the purpose of undertaking the improvements specified. Where the township has received funds from a developer for the purpose of providing facilities, the township shall deposit those funds in an interest-bearing bank account until used. If the township has not expended those funds in 10 years after collection, the funds shall be returned to the developer with accrued interest pursuant to N.J.S.A. 40:55D-53.1, upon application of the developer for the return of the funds.
(4) 
Cash contributions when not required. Cash contributions for off-tract improvements shall not be required under the following conditions:
(a) 
Where another county or state agency has jurisdiction over the subject improvement and requires a cash contribution, guaranty or other surety of the applicant in lieu of such conditions imposed by the township.
(b) 
Where a benefit assessment or other similar tax levy is imposed upon the applicant for the off-tract improvement provided.
(c) 
Where the applicant, where permitted by the reviewing municipal board, undertakes the improvement in lieu of the township, subject to standards and other conditions as may be imposed by the board and Township Committee.
(5) 
Pro rata formula for determining applicant's share of off-tract improvements. Where an off-tract improvement is required, the following criteria shall be utilized in determining the proportionate share of such improvement to the applicant:
(a) 
Streets; circulation improvements. Street widening, alignment, corrections, channelization of intersections, constructions of barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements not covered elsewhere and the construction of new streets and other similar street or traffic improvements. The applicant's proportionate share shall be in the ratio of the estimated peak-hour traffic generated by the proposed property or properties to the sum of the present deficiency in peak-hour traffic capacity of the present facility and the estimated peak-hour traffic generated by the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
(b) 
Water distribution facilities. Water distribution facilities, including the installation of new water mains, the extension of existing water mains, the relocation of such facilities and the installation of other appurtenances associated therewith. The applicant's proportionate cost shall be in the ratio of the estimated daily use of water from the property and properties in gallons to the sum of the deficiency in gallons per day for the existing system or subsystem and the estimated daily use of water for the proposed development. The ratio thus calculated shall be increased by 10% for contingencies.
(c) 
Sanitary sewage distribution facilities. Sanitary sewage distribution facilities, including the installation, relocation or replacement of collector and interceptor sewers and the installation, relocation or replacement of other appurtenances associated therewith. The applicant's proportionate cost shall be in the ratio of the estimated daily flow in gallons to the sum of the present deficient capacity for the existing system or subsystem and the estimated daily flow from the proposed project or development. In the case where the peak-flow period for the proposed development may occur during the peak-flow period for the existing system, the ratio shall be the estimated peak-flow rate from the proposed development in gallons per minutes to the sum of the present peak-flow deficiency in the existing system or subsystem and the estimated peak-flow rate from the proposed development. The greater of the two ratios thus calculated shall be increased by 10% for contingencies and shall be the ratio used to determine the cost to the applicant.
(d) 
Wastewater Management Plan.
[Added 8-14-1990[1]]
[1] 
The Water Quality Planning Act, N.J.S.A. 58:11A-1 et seq., as well as the New Jersey Department of Environmental Protection Regulations, N.J.A.C. 7:15-1 et seq., require that Hampton Township adopt a Wastewater Management Plan. This plan should be included in the Township Master Plan pursuant to N.J.S.A. 40:55D-28(b)(5). The funding of said plan, together with any revisions thereto, should be fairly allocated among developers of land who are to benefit from said study.
[2] 
A Wastewater Management Plan escrow account is hereby created. Said account is to be permanent in nature and to be used for the payment of the preparation of the original Wastewater Management Plan and any revisions thereto.
[3] 
All developers of land in Hampton Township who anticipate, or who may be reasonably expected to construct an on-site disposal system treating 2,000 gallons or more per day or expect to apply for connection to a public sewer system or intend to propose a package plant for their property or propose alternative methods of on-site wastewater disposal, shall participate in the funding of the Wastewater Management Plan.
[4] 
All developers as aforesaid are to contribute to the Wastewater Management Plan account the sum of $1 per gallon of anticipated daily wastewater discharge.
[5] 
After the completion of the original Wastewater Management Plan, any developer who wishes to supplement and amend the plan may apply to do so at his own cost and expense in lieu of a contribution to the Wastewater Management Plan escrow account calculated as set forth above.
[6] 
Those developers who previously made payments to Hampton Township for the purpose of funding this original Wastewater Management Plan may apply for a refund of their pro rata share of any excess moneys generated from the initial funding of the plan, after the original plan is completely paid for, including all administration expenses to the township.
[7] 
The funds in question shall be administered by the township in accordance with N.J.S.A. 40:55D-53.1.
[1]
Editor's Note: This ordinance also provided for the renumbering of former Subsection D(5)(d) through (k) as D(5)(e) through (l), respectively.
(e) 
Stormwater and drainage improvements, including installation, relocation or replacement of transmission lines, culverts, catch basins and the installation, relocation of other appurtenances associated therewith. The applicant's proportionate cost shall be in the ratio of the estimated peak surface runoff as proposed to be delivered into the existing system, measured in cubic feet per second, to the sum of the existing peak flow in cubic feet per second deficient for the existing system and the estimated peak flow as proposed to be delivered. The ratio thus calculated shall be increased by 10% for contingencies. The applicant's engineer shall compute the drainage basin area and the area of the development and the percent of the total drainage basin area occupied by the development. Where no drainage system exists which will receive the flow of surface water from the applicant's development, the applicant shall furnish all drainage rights-of-way deemed to be necessary by the Planning Board.
(f) 
Recreational facilities and/or open space. The requirements contained herein shall apply to all residential developments. The purpose of this section is to ensure that adequate open space and recreational facilities are provided within residential developments in the township. Each residential development greater than 10 lots or multifamily development greater than 10 units shall be required to provide 0.0105 acre per person of park/playground area within the development. The reviewing municipal board shall determine the population density based upon the multipliers developed from the United States Department of Commerce, Bureau of the Census, United States Census of Population and Housing, 1980, and reproduced in the new Practitioners Guide for Fiscal Impact Analysis, Robert W. Burchell, David Listokin and William R. Dolphin (New Brunswick: Center for Urban Policy Research, Rutgers, The State University, 1985), and its revisions.
[1] 
Within each park/playground area, active recreational facilities shall be provided. The nature and type of the active recreational facilities to be provided shall be in accordance with the Recreation, Park and Open Space Standards and Guidelines, as published by the National Recreation and Park Association, and by such demographic studies as may be provided by the applicant, which studies shall project the numbers and ages of children and adults likely to populate the development. Notwithstanding anything herein to the contrary, each park/playground area shall contain playground apparatus suitable for use for preschool children. For each park/playground area created within the development, the developer shall create a homeowners' association or some other means acceptable to the reviewing municipal board for the development to control and maintain the park/playground area.
[2] 
The applicant, subject to a showing based upon competent evidence that the inclusion of the park/playground area would be inappropriate for the proposed development, may, as an alternative, contribute the fair market value of the cost for the development of such park/playground area. The fair market value shall be determined by the sum of the fair market value of the land on which the park/playground area would be located after subdivision or site plan approval, together with the costs of construction of said park/playground area, including grading, drainage, landscaping and cost of apparatus. Said contribution shall be contributed to a fund established by the township, which fund will be a separate and exclusive account specifically established for the purpose of creating open space and recreational facilities within the township. Said funds shall be administered by the Township Committee.
[3] 
The township shall be authorized to acquire such lands as they may deem necessary and appropriate to provide adequate open space and recreational facilities within the township. The township shall be required to keep books and records of all transactions and activities.
(g) 
Fire protection facilities. The purpose of this section is to ensure that adequate fire protection facilities are provided within residential developments.
[1] 
Each residential development greater than six lots or multifamily development greater than four units shall be required to install a fire protection system, including fire hydrants and water mains within the development. In the event that there is no public water system available in the area, the improvement shall be installed and available for connection at such time a public water facility is constructed or connected to a well on or off the tract. The fire prevention system shall meet the requirements of the National Board of Fire Underwriters and shall be approved by the Township Engineer or Board Engineer.
[2] 
Special fire-fighting equipment or apparatus. In the event that the proposed development requires special fire-fighting equipment and/or apparatus, the developer shall either purchase or install the same for the development. As an alternative, if the purchase or installation within the development is inappropriate for the proposed development, the developer shall contribute the fair market value of the cost of said equipment or apparatus to the township. The contribution shall be deposited in a fund established by the township, which fund shall be a separate and exclusive account specifically established for the purpose of purchasing and maintaining fire-fighting facilities, equipment and apparatus. Said fund shall be administered by the Township Committee. The township shall be required to keep books and records of all transactions and activities with regard to said account.
(h) 
Watercourses. Where a development is traversed by a watercourse, drainageway, channel or stream, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width or construction as both will be adequate for the purpose of the township or other entity as designated by the reviewing municipal board.
(i) 
General municipal facilities. (Reserved)
(j) 
Cultural facilities. (Reserved)
(k) 
Educational facilities. (Reserved)
(l) 
General considerations. In calculating the proportionate or pro rata amount of the cost of any required off-tract improvement which shall be borne by the developer, the reviewing municipal board shall also determine the pro rata share of the cost to be borne by other owners of lands which will be benefited by the proposed improvements, if any.
E. 
Impact fees. For the purpose of this section, impact fees means cash or in-kind payments required to be paid by a developer as a condition of approval of a development for the developer's proportional share of the cost of providing new or expanded reasonable and necessary public improvements located outside the property limits of the development, but reasonably related to the development based upon the need for the improvement created by and the benefits conferred upon the development.
[Added 3-25-2025 by Ord. No. 2025-03]
All improvements in a subdivision, site plan and/or variance shall be inspected and approved by the Township Engineer. The applicant or their agent, employee or contractor shall notify the Township Engineer and the Board Secretary when the work is ready for any required inspection specified herein or required to be performed by the Township Engineer, the Construction Official or the appropriate subcode official. This notice shall be given at least 48 hours before the start of the construction and at least 48 hours before the time the inspection is desired. Inspection shall be performed within three business days after the time for which it is requested. The work shall not proceed in a manner which shall preclude the inspection until it has been made. No underground installation shall be covered until inspected and approved.
[1]
Editor's Note: Former § 15-38.4, Right to require guaranties prior to approval, added 7-31-1984, was repealed 3-31-1992.
[Added 7-31-1984]
The reviewing township board shall have the power to require the developer to submit a developer's agreement setting forth the following:
A. 
Improvements to be completed.
B. 
The time sequence of the construction of the development.
C. 
The phases of the development.
D. 
Other relevant terms.
All sections of the Land Subdivision Ordinance, Zoning Ordinance, Site Plan Review Ordinance or any other ordinance of the Township of Hampton which contain provisions contrary to the provisions of this chapter shall be and are hereby, to the extent of such inconsistency, repealed.
Pursuant to the provisions of c. 291, P.L. 1975, Section 81, the substantive provisions of the existing Land Subdivision Ordinance, Zoning Ordinance and Site Plan Review Ordinance of the Township of Hampton and the development regulations set forth therein shall continue in full force and effect for a period of six months from the effective date of said Act or until the township exercises the authority delegated by said Act to regulate development, whichever occurs first.
All applications for development filed prior to the effective date of this chapter may be continued, but any appeals arising out of decisions made on any such applications shall be governed by the provisions of Article IV of this chapter.
This chapter shall be known and may be cited as the "Land Use Procedures Ordinance of the Township of Hampton."
[Amended 8-26-1986]
The Township Clerk shall file with the County Planning Board copies of all ordinances of the township relating to land use, such as subdivision, zoning and site plan review ordinances and all amendments thereto. In accordance with the provisions of N.J.S.A. 40:55D-16, development regulations, except for the Official Map, shall not take effect until a copy thereof shall be filed with the County Planning Board. A zoning ordinance or amendment or revision thereto which, in whole or in part, is inconsistent with or not designed to effectuate the land use plan element of the Master Plan shall not take effect until a copy of the resolution required by N.J.S.A. 40:55D-76(2) shall be filed with the County Planning Board.
[Added 7-31-1984]
If any section, paragraph, subdivision, clause or provision of this chapter shall be adjudged by the courts to be invalid, such adjudication shall apply only to the section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this chapter shall be deemed valid and effective.
[Added 9-22-1989]
A. 
Procedures.
(1) 
Any developer requesting a zone change shall file with the Township Clerk such a request and simultaneously deposit with the Township Clerk an escrow amount for fees as hereinafter set forth.
(2) 
The Township Clerk shall thereupon notify the Township Committee, in writing, of the zone change request and, thereupon, forward copies of the request in narrative form and an accompanying map to the Planning Board for its review and recommendation on the request. Upon receipt of said request, the Secretary to the Planning Board shall send a copy of said zone change request to Planning Board members, the Planning Board Attorney and the Township Engineer.
(3) 
The Planning Board shall thereafter conduct a public hearing and render a decision on the zone change request and, thereupon, forward its recommendation to the Township Committee.
(4) 
Upon receipt by the Township Committee of the recommendation of the Planning Board, the Township Committee shall schedule a public hearing on the zone change request.
(5) 
The developer shall publish notice in the official township newspaper, and the developer shall provide private notice to the owners of all real property shown on the current Tax Maps of the township within 200 feet all directions of the property which is the subject of such a hearing at least 10 days prior to the hearing. Notice shall also be given to Clerks of adjoining municipalities within 200 feet.
B. 
Fees. The fee to be charged for a zone change request shall be determined in the following manner:
(1) 
The developer, when filing a zone change request, shall reimburse the township for the cost of professional services in connection with the review of said zone change request, including but not limited to shorthand reporting and transcripts, review, inspection and reports of the Township Engineer, professional planner, Township Attorney, Planning Board Attorney and any other professionals whose services are deemed necessary with respect to the review of the zone change request.
(2) 
All moneys required under this section shall be deposited by the Township Clerk in the township's escrow account, and the Township Treasurer shall set up a ledger page in the name of the developer. All disbursements to professional consultants or experts required to review the zone change request shall be charged against the developer's escrow account The amount of the initial deposit to the escrow account, to be remitted at the time of the submission of the zone change request by the developer, shall be $750. The developer shall also pay a nonrefundable application fee of $250.
(3) 
Any of the aforesaid escrow deposit remaining in the escrow account upon completion of the review procedure shall be returned to the developer.
(4) 
In the event that the funds in the escrow account shall become depleted prior to the completion of the review procedure and additional funds are needed to cover the cost of processing said zone change request, the developer shall deposit sufficient additional funds. In order to expedite the processing of all zone change requests, the Township Clerk shall notify the developer immediately upon the depletion of funds in the escrow account or as soon as an insufficiency of funds becomes evident or is expected.
(5) 
No township agency shall review and/or take action on a zone change request unless all fees and deposits required in the manner described above shall have been deposited by the developer with the Township Clerk.
(6) 
All bills submitted to a township agency by the stenographer, professional planner, Township Attorney, Planning Board Attorney or other professionals containing charges to be applied against the developer's escrow account established pursuant to this section shall specify the services performed in relation to the individually identified zone change request for which the charges have been incurred.
(7) 
Unit charges, i.e., per diem or hourly fees, inspection or expert testimony charges, levied by the stenographer, professional planner, Township Attorney, Planning Board Attorney or other professionals for services rendered in connection with a zone change request may not exceed those unit charges contracted for and/or approval by the township agency for services by said professionals.
(8) 
A periodic accounting of all funds to be withdrawn by the township from the escrow account shall be submitted by the Township Clerk to the developer at least 10 days prior to withdrawal of said funds. Within said 10 days, the developer shall have the opportunity to request, in writing, a hearing by the appropriate township agency with respect to the reasonableness of the intended charges against the escrow account. In the event that the developer requests such a hearing, no withdrawal shall be made from the escrow account until the township agency shall have ruled on the appeal. If the township agency finds in favor of the developer, the withdrawals from the escrow account shall be adjusted accordingly. If no objection is filed within 10 days, the funds shall be withdrawn from the escrow account and transferred to the township general funds.