A.
As a condition of the grant of final approval, the
subdivider shall have installed or shall furnish a performance guaranty
insuring the ultimate installation of the following:
(1)
Streets.
(2)
Grading.
(3)
Street signs.
(4)
Pavement.
(5)
Curbs or curbs and gutters.
(6)
Sidewalks.
(7)
Streetlighting.
(8)
Shade trees.
(9)
Topsoil.
(10)
Monuments.
(11)
Storm sewers.
(12)
Sanitary sewers.
(13)
Water mains.
(14)
Drainage structures.
(15)
Public improvements of open space.
(16)
Such other improvements as may be required to
properly develop the subdivision.
B.
All of the required improvements shall be installed
in accordance with the rules, regulations and specifications adopted
by the Board and such other regulations, ordinances or requirements
of appropriate county or municipal bodies having jurisdiction over
the subject matter.
C.
In the case of subdivisions with large lot sizes and
wide frontages in wooded or lake areas, the Board may waive the requirement
for sidewalks and curbing, and permit greater use of open swales for
conveyance of storm drainage.
No final plat shall be approved by the Board until the completion of all such required improvements has been certified to the Board by the appropriate county or municipal bodies, unless the subdivision owners shall have agreed to file with the municipality a performance guaranty sufficient in amount to cover the cost of all such improvements or uncompleted portions thereof as estimated by the Municipal Engineer, and assuring the installation of such uncompleted improvements on or before an agreed date. Such performance guaranty shall conform to the applicable requirements of Chapter 94, Land Use Regulations, of this Code. Upon release of said performance guaranty, the developer shall post a two-year maintenance guaranty, which guaranty shall likewise conform to the requirements of Chapter 94, Land Use Regulations, of this Code.
A.
Schedule required. Prior to the granting of any final
approval of a major subdivision or section of a major subdivision
and as a condition of such final approval, the developer shall submit
for approval by both the Board and the Evesham Township Engineer a
schedule for the construction of all public improvements required
in the subdivision or section thereof (except for streets designated
as construction traffic routes).
B.
Contents of schedule; street segments.
(1)
The schedule required by § 135-15A shall list the commencement and completion dates for each public improvement. The dates shall be expressed in terms of the percentage of completion from the start of the construction based on certificates of occupancy with the subdivision or section thereof to which the schedule applies. Construction shall be deemed to have started when initial clearing, grading or excavating is commenced.
(2)
For the purposes of this article, the term "public
improvement" shall include any street, curbing, sidewalk, bikepath,
parking area, planting, drainage facility, recreational facility or
other improvement which is required by the Board.
(3)
All public improvements related to streets, including
but not limited to sidewalks, streetlights and storm drains, shall
be scheduled on a street-segment basis. Subject to the approval of
the Township Engineer, the developer may designate the length of each
street segment. The Township Engineer shall not approve the designation
of any street segment which cannot reasonably be completed within
two years of the starting date for that segment.
C.
List of public improvements; performance guaranties.
(1)
The Township Engineer shall prepare a list of all
required improvements indicating the estimated quantity and the cost
per unit for each material. There shall be a separate list for each
section of the subdivision. In the case of sections containing more
than one street segment, the list of improvements shall be divided
accordingly. The estimates of the Township Engineer shall be reasonable
as to quantity and cost.
(2)
The performance guaranty required by § 135-14 shall incorporate by reference the list of improvements as well as the schedule required by the section.
(3)
If the scheduled period for construction of public
improvements should exceed two years from the date of final approval,
the Township Council may increase the amount of the guaranty by acting
on an application by the developer for an extension of time pursuant
to N.J.S.A. 40:55D-53, Subdivision b. Any such increase shall be to
an amount equal to 120% of the then current cost of public improvements
which shall not yet have been approved as completed by the Township
Engineer. Any estimate by the Township Engineer relative to increasing
the amount of the guaranty shall be reasonable as to quantity, cost
and the amount of the work remaining to be completed.
D.
Revision of schedule.
(1)
At any time prior to the expiration date of final
approval for a section of a subdivision, the developer may request
from the Board a revision of the approved public improvement schedule
for that section.
(2)
Revision of the schedule shall be permitted only if the performance guaranty shall be satisfactory to the Township Attorney regarding both form and amount or if the performance guaranty should be increased so as to be satisfactory to the Township Attorney regarding both form and amount, in accordance with § 135-15C(3), under the terms of this article and the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.). The Board shall not permit revision of the schedule if, in its opinion, the revision will unreasonably delay completion of the improvements or result in a threat to the health or safety of the public.
E.
Scheduling of streets, curbing and sidewalks. When
providing information on the scheduling of street paving, the developer
shall specify a completion schedule for the subbase, a completion
schedule for the base course and a completion schedule for the leveling
course/surface course.
F.
Violation of schedule.
(1)
The developer will be considered to have violated
the provisions of this article and the terms of the performance guaranty
incorporating the schedule required by this section if:
(a)
Prior to the occupancy of a dwelling, the base
course paving of the street and any required corresponding curbing
should not be completed along the frontage of that dwelling lot (so
as to provide access to the driveway) or not be extended continuously
to the nearest street providing unbroken access to public roads or
roads external to the subdivision. In the case of corner dwelling
lots, only the frontage along the street on which the driveway is
located must be completed under this subsection.
(b)
The corresponding requirements of Chapter 62, Subdivision and Site Plan Design Standards, have not been met (when sidewalks are required by the Board).
(c)
The base course pavement and corresponding curbing
for the entire street segment, as defined in this section, be not
completed prior to the date on which 50% of the total dwellings accessed
by that street segment are first occupied.
(d)
The leveling course, if required, and surface
course for a street segment should not be completed either within
one year and 60 days from the completion of the base course pavement
for the entire street segment or within 60 days of the date of occupancy
of the last constructed dwelling depending on that street segment
for access (weather permitting, in either case), unless the street
segment is proposed to be used for other construction traffic within
the subdivision. In the event that the aforesaid one-year and sixty-day
period should expire before the last dwelling is occupied, the Township
Engineer shall inspect the base course at the request of the developer;
and if the said base course is acceptable to the Township Engineer,
the Board may approve an extension of the time limits set in this
section for installation of the leveling/surface course until 60 days
after the date of occupancy of the last constructed dwelling depending
on that street segment for access.
