A.
Prior to signing of a final plat, issuance of a development
permit and/or the commencing of any clearing, grading or installation
of improvements, the developer shall have filed with the Township
a performance guaranty.
(1)
The guaranty shall be sufficient in amount to equal
the total cost to the Township as estimated by the Township Engineer
of constructing those on-site, off-site and off-tract improvements
necessary to protect adjacent property and the public interest in
the event that development of the subdivision or site were not completed.
Such improvements shall include but are not limited to grading; surveyor's
monuments; drainage facilities necessary to protect off-tract areas
from flooding; erosion and sedimentation control facilities; required
landscaping, buffers, screening and fencing; all improvements within
public rights-of-way and easements such as streets, curbs, gutters,
culverts, storm sewers, sanitary sewers, water mains, sidewalks, streetlighting,
shade trees and others as may be required. The applicant shall provide
preliminary estimated types and quantities of improvements to be review
and verified by the Township Engineer.
(2)
Such guaranty shall assure the installation of such
improvements on or before an agreed date, guarantee the completion
of all improvements without damage to or interference with adjacent
properties or public facilities and hold the Township Committee and
the municipal agency and their employees and agents harmless with
respect to any acts of the developer, its agents, successors or assigns.
(3)
The total estimated cost to the Township of constructing
all improvements shall be based upon the estimated contract construction
costs, which would prevail upon expiration of the guaranty period,
and shall also include appropriate allowances for contract-related
costs such as engineering, legal, financial, and other usual costs,
which shall be estimated to be 20% of the estimated contract construction
costs. (Performance guaranty equals 120% of cost of improvement installation.)
(4)
Such performance guaranty may be in the form of cash,
certified check, negotiable securities, a performance bond issued
by a bonding company or surety company approved by the Township Attorney,
or any other type of surety acceptable to and approved by the Township
Committee and in form acceptable to the Township Attorney, provided
that at least 10% of the performance guaranty shall be in the form
of cash or certified check drawn on an insured banking institution
in the State of New Jersey; provided, however, that all rights to
said 10% portion, including the right to interest with dividends,
be assigned to the Township in a form of assignment acceptable to
the Township Attorney for a period of the bond and that the principal
amount without interest be returned to the developer upon completion
of the bonded improvements, or, in the event of default, any interest
and principal shall be used by and for the benefit of the Township
in the completion of said improvements.
B.
If, at the time the performance guaranty is filed
with the Township, the developer has not also filed with the Township
proof that any other necessary performance guaranties have been filed
and accepted by governmental bodies, authorities, public utility companies,
and private utility companies other than the Township which have jurisdiction
over improvements in the site or subdivision, the amount of the performance
guaranty shall be increased to reflect the cost of such improvements.
C.
All performance guaranties shall run to and be in
favor of the Township of Weymouth in the County of Atlantic.
D.
The performance guaranty shall be approved by the
Township Attorney as to form, sufficiency and execution and shall
be subject to the following conditions:
(1)
Such performance guaranty shall run for a period to be fixed by the Township Committee, but in no case for a term longer than the period of final approval (normally two years) set by N.J.S.A. 40:55D-1 et seq., and/or § 155-70G of this chapter or for the installation of all or any portion of the improvements, whichever is shorter.
(2)
The time allowed for installation of improvements for which the performance guaranty has been provided may be extended by resolution of the Township Committee, provided that, if required, the period of final approval has been extended by the municipal agency in accordance with N.J.S.A. 40:55D-1 et seq., and/or § 155-70G of this chapter, and provided further that:
(a)
Such extension shall not exceed one year;
(b)
There shall not be more than three such extensions;
and
(c)
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 120% of the cost of
the installation of all uncompleted improvements as determined by
the Township Committee as of the time of the passage of the resolution.
(3)
If the required improvements are not completed or
corrected in accordance with the performance guaranty, the obligor
and surety, if any, shall be liable thereon to the Township for the
reasonable cost of the improvements not completed or corrected, and
the Township may, either prior to or after the receipt of the proceeds
thereof, complete such improvements.
E.
If, during the period of the performance guaranty,
the developer fails to prosecute the work of completing the improvements
so as not to create hazards to life, health, property or public safety,
the Township may, after five days' notice, perform, or cause to be
performed, any necessary corrective work and deduct the cost thereof
from the ten-percent cash or certified check portion of the guaranty.
Upon notice of any such deduction, the developer shall, within 10
days, restore the full ten-percent cash balance or his or her performance
guaranty will be held to be void and the Township may take action
as if final plat approval had not been obtained.
F.
Upon completion and/or substantial completion of all required improvements as defined Subsection A above [except the final application of bituminous concrete (wearing surface), street shade trees, concrete monuments and iron pins], and the connection of applicable improvements to the public system, the obligor may notify the Township Committee, in writing, by certified mail addressed in care of the Township Clerk of the completion or substantial completion of improvements and shall send a copy thereof to the Township Engineer. The developer's or obligor's design professional shall prepare and certify unto the Township a detailed list of completed and/or substantially completed improvements having off-site, on-tract and/or off-tract effect plus on-site improvements. The detailed list shall be consistent with Schedule "A" of the performance bond estimate originally prepared by the Township Engineer for the referenced project. Thereupon the Township Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the Township Committee, indicating either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.
G.
The Township Committee shall either approve, partially
approve, or reject the improvements, on the basis of the report of
the Township Engineer and shall notify the obligor in writing, by
certified mail, of the contents of said report and the action of said
approving authority with relation thereto, not later than 65 days
after receipt of the notice from the obligor of the completion of
the improvements. Where partial approval is granted, the obligor shall
be released from all liability pursuant to its performance guaranty,
except for that portion adequately sufficient to secure provisions
of the improvements not yet approved; provided that 30% of the amount
of the performance guaranty posted may be retained to ensure completion
of all improvements. Failure of the Township Committee to send or
provide such notification to the obligor within 65 days shall be deemed
to constitute approval of the improvements, and the obligor and surety,
if any, shall be released from all liability pursuant to such performance
guaranty for such improvements.
H.
If any portion of the required improvements are rejected,
the Township Committee may require the obligor to complete such improvements
and, upon completion, the same procedure of notification as set forth
in this section shall be followed. Performance guaranty for the remaining
improvements not yet approved (30% minimum) shall be approved by the
Township Attorney as to form, sufficiency and execution and shall
run for such additional period as it shall be deemed sufficient or
until acceptance of public improvements by the Township. Should the
Township Committee approve or partially approve the reduction request,
the ten-percent cash or certified portion of the performance guaranty
provided by the obligor shall remain on deposit with the Township
until such time all improvements are complete and accepted by the
municipality. The performance guaranty for the remaining improvements
not yet approved (30% minimum) plus the ten-percent cash or certified
portion of the performance guaranty provided by the obligor shall
be deemed adequate to cover that partial reduction granted for which
the obligor is released from liability pursuant to the performance
guaranty.
I.
Nothing herein, however, shall be construed to limit
the right of the obligor to contest by legal proceedings any determination
of the Township Committee or the Township Engineer.
J.
The obligor shall reimburse the Township for all reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements, provided that the municipality may require of the developer, a deposit for all or a portion of the reasonable anticipated fees to be paid to the Township Engineer for such inspection, and provided further, that such reasonable anticipated fees are hereby determined and set forth in § 155-73 of this chapter.
[Amended 6-19-1996 by Ord. No. 344-96]
K.
In the event that final approval is by stages or sections
of development pursuant to the N.J.S.A. 40:55D-38, Subsection a, the
provisions of this section shall be applied by such stage or section.
[Added 12-6-2006 by Ord. No. 451-2006]
A.
In order for the Township to provide for appropriate recreation facilities for all Township residents, the Planning/Zoning Board shall require all major subdivisions to post an off-tract assessment in accordance with Subsection B herein.
B.
The contribution cost is established at $5,000 on each newly created
lot (not including the original lot) and dwelling unit, as the case
may be. The requirements for such fee shall be imposed by the Planning/Zoning
Board at the time of the major subdivision approval or site plan,
and shall be made a condition to be satisfied prior to the subdivision
plat being filed with the County Clerk, it being the responsibility
of the Planning/Zoning Board Chairman to confirm such payment prior
to the signing of a final plat.
C.
If the applicant perfects the subdivision by the filing of deeds
rather than the filing of the subdivision plat, the fee shall be paid
prior to the filing of such deeds. The applicant shall send written
confirmation of payment to the Chairman of the Planning/Zoning Board.
D.
The contribution for dwelling units created by site plans for residential
development shall be paid prior to the issuance of a building permit
for any such dwelling unit.
A.
Duties of Township Engineer, Township Attorney and
Township Clerk. No performance guaranties shall be presented for approval
of the Township until the officials listed below have performed the
following and have made certification of their performance, in writing,
to the Township Committee.
(1)
Township Engineer. The Township Engineer shall:
(a)
Where applicable, examine the plat map of a
subdivision to make certain that it complies with all state laws and
this chapter relative to the preparation and filing of maps or plans
for the subdivision of land.
(b)
Determine those acts or things the applicant
is to do to protect the Township, such as to provide proper drainage,
streets, curbs, signs monuments or any other item or thing and the
cost of each, as well as the maximum time he or she recommends granting
the applicant to provide each item or all items; also, advise the
applicant of the amount required to pay the Township as a proper inspection,
testing and administration fee.
(2)
Township Clerk. The Township Clerk shall:
(a)
Ascertain that the plat of a site plan or subdivision has been approved by the Atlantic County Planning Board and the Township Planning Board. In the Pinelands Area, letters from the Pinelands Commission that the application will not be reviewed pursuant to § 155-73.
[Amended 12-2-2015 by Ord. No. 543-2015]
(b)
Determine if the landowner is an individual,
corporation or partnership; if an individual, his or her full name
and address; if a corporation, its correct name, date and state of
incorporation, the name of its President and Secretary and location
of its principal office in this state; if a partnership, the names
and addresses of all partners.
(c)
Give the applicant a form of the surety company bond required by the Township, and all figures, dates and detail required by Subsection A(1)(b) above so the same may be included in the bond to be furnished to the Township.
(e)
The Township Engineer's certificate shall also
state and give the nature of cash, or its equivalent, deposited as
a portion or all of the performance guaranty (i.e., cash, certified
check, cash escrow deposit or other security).
(3)
Township Attorney. Upon receipt from the Township
Clerk of the surety bond and the Engineer's certificate, the Township
Attorney shall promptly examine said bond and determine whether or
not it is correct in form, content and execution. If the bond is not
correct, the Township Attorney shall directly notify the applicant
of its shortcomings. When the bond is or has been made correct, the
Township Attorney shall make a written certificate to that effect
to the Township Committee. Thereupon said Attorney shall deliver the
bond and Engineer's and Attorney's certificates to the Township Clerk.
(4)
Township Clerk. Upon the receipt from the Township
Attorney of the bond and certificates of the Engineer and Attorney,
the Township Clerk shall:
(a)
Collect from the applicant the proper fee or
fees, if any, payable to the Township in accordance with the Engineer's
certificate.
(b)
Place the matter of approval of bond(s) on the
agenda of the next regular meeting of the Township Committee for its
consideration.
(c)
Submit the bond, certificate and fees to the
Township Committee at the next regular meeting of said Council.
B.
Certificates: form, dating. Each of said certificates
shall be dated and written in letter form upon the stationery of the
maker or of the Township and signed by him or her or his or her authorized
agent or representative.
C.
Bond requirements. There must be attached to said
bond an authority of the surety company empowering the person or persons
who executed said bond for the surety company to do so. If the bonding
company is not a New Jersey corporation, there should also be attached
to the bond proof of its authority to do business in New Jersey and
a copy of its last financial statement, made not more than one year
before, showing its financial condition. If the principal on the bond
is a corporation, there must be attached to the bond a certified copy
of a resolution adopted by its Board of Directors authorizing the
execution and delivery of said bond. Said bond must also bear the
corporate seal of the surety company and the seal, corporate or otherwise,
of the principal.
D.
Copies. The Township Clerk and Administrative Officer
(Planning Board Secretary) shall keep a supply of copies of these
bond requirements in his or her office for the use of applicants and
the general public.
A.
General requirements. Where the municipal agency determines
that off-tract improvements are necessary for the proper development
and utilizing of the proposed site or subdivision and the surrounding
area, may require either that such off-tract improvements be installed
or that the developer contribute to the installation of such off-tract
improvements. Where the municipal agency has determined that off-tract
improvements are required, it shall be a condition of the granting
of final approval that such improvements be constructed or that the
developer shall make payments toward the ultimate installation of
off-tract improvements, such as but not limited to streets, curbs
and gutters, sidewalks, water mains, sanitary sewers, storm sewers
and culverts, monuments and street lights, all in accordance with
the specifications governing on-tract improvements.
B.
Cost allocation. If the municipal agency determines
that the developer may contribute toward required off-tract improvements
in lieu of such improvements being installed, the municipal agency
shall allocate the cost of same off-tract improvements in accordance
with the standards hereinafter set forth. The improvement of a stream
and/or widening of, or the construction of drainage or other improvements
in, a street or road fronting on the tract to be subdivided and/or
developed shall not constitute an off-tract improvement, and the cost
of said improvement shall not be allocated.
(1)
The allocation of the cost of off-tract improvements
shall be determined in accordance with the following:
(a)
The municipal agency may consider the total
cost of the off-tract improvements, the benefits conferred upon the
site or subdivision, the needs created by the site or subdivision,
population and land use projects for the general areas of the site
or subdivision and other areas to be served by the off-tract improvements,
the estimated times of construction of off-tract improvements and
the condition of periods of usefulness, which periods may be based
upon the criteria of the Local Bond Law, N.J.S.A. 40A:2-22. The municipal
agency may further consider the criteria set forth below.
(b)
Road, curb, gutter and sidewalk improvements
may be based upon the anticipated increase of traffic generated by
the site or subdivision. In determining such traffic increase, the
municipal agency may consider traffic counts, existing and projected
traffic patterns, quality of roads and sidewalks in the area and other
factors related to the need created by the site or subdivision and
anticipated thereto.
(c)
Drainage facilities may be based upon the percentage
relationship between the site or subdivision acreage and the acreage
of the total drainage basins involved or upon calculations developing
the percentage contribution that the storm runoff from a particular
site or subdivision bears to the total design capacity of any improvement;
the particular methods to be selected in each instance by the Township
Engineer.
(d)
Water supply and distribution facilities and
sewage facilities shall be based upon the proportion as determined
by the current rules and regulations or procedures of the Township
of Weymouth Municipal Utilities Authority.
(2)
All moneys received by the Township in accordance
with the provisions of this section shall be paid to the Township
Treasurer, who shall provide for a suitable depository therefor. Such
funds shall be used only for the improvements for which they are deposited
or improvements are not initiated for a period of five years from
the date of payment, after which time said funds shall be transferred
to the capital improvement fund of the municipality.
(3)
The apportionment of costs shall be determined by
the municipal agency. The developer shall be afforded an opportunity
before said Board to present evidence relative thereto.
C.
Assessment not precluded. Nothing in this section
of the chapter shall preclude the municipality from assessing any
property benefiting from installation of any off-tract improvements
as provided in this section pursuant to the provisions of the N.J.S.A.
40:55D, an allowance being made to the respective parcels of realty
for payments herein.
Before any developer effectively assigns any
of his or her interest in any preliminary or final approval, he or
she must notify the Administrative Officer and supply detailed information
with regard to the name, address, principals, type of organization,
competency, experience and past performance of the assignee, transferee
or agent. Notice of such assignments or transfer shall be given no
later than 10 days after its effective date. The assignee must be
made acquainted with all the conditions of approval, and the developer
shall so certify.
A.
No contractor, builder, developer or subcontractor
shall engage any personnel in any of the work on constructing any
improvements unless they are continually supervised by a competent,
English-speaking supervisor acceptable to the Township Engineer.
B.
No less than five days prior to commencing construction
of any improvements on the site, the developer or his or her agent
shall provide the Township Engineer with the names, addresses, phone
numbers and emergency phone numbers of the subdivider and/or a representative
empowered to act for the developer and/or each contractor and their
supervisor in charge of the construction, setting forth the aspect
of construction for which each is responsible.
C.
The developer may retain throughout the course of
construction a registered New Jersey professional engineer to supervise
the implementation of the approved subdivision or site design and
to make periodic reports to the Township as well as to the developer
regarding conformance of the construction with the requirements of
final approval.
D.
If the developer proposes to retain someone other
than the engineer who prepared the final plat to supervise construction,
he or she shall notify the Township Engineer and the Administrative
Officer (Planning Board Secretary) of the name, address and license
number of the engineer retained. If at any time during the course
of construction, the developer elects or is required to replace the
responsible engineer and/or employ additional engineers, he or she
shall likewise notify the Township Engineer and the Administrative
Officer.
[Amended 12-2-2015 by Ord. No. 543-2015]
E.
The supervising engineer shall immediately notify
the Engineer of any deviation (observed or proposed) from the requirements
of final approval and/or this chapter.
F.
At regular intervals during the course of construction,
but not less often than at monthly intervals, the supervising engineer
shall submit to the Township Engineer a report listing his or her
observations of the work undertaken during the reporting period, specifically
noting any deviation from the requirements of final approval and/or
this chapter and listing those improvements expected to be undertaken
during the next reporting period. The developer shall accompany any
request for acceptance of public improvements and/or release of performance
guaranties with a certification by the responsible engineer attesting
to the completion of the improvements in full conformance with the
requirements of final approval and this chapter and/or specifically
noting any deviation therefrom.
A.
Inspection, testing and engineering administration fees. Prior to signing of any final plat, issuance of a development permit or the start of construction of any improvements required by the provisions of this chapter, the developer shall deposit by cash or certified check with the Township Clerk an amount determined in accordance with the Fee Schedule under § 155-18 of this chapter. Said amount shall be used to defray the cost of inspection, testing, engineering, administration and other costs and fees paid by the Township in connection with the inspection and acceptance of the installation of the required improvements.
B.
Inspection notice. All required improvements except those utility improvements which are not the responsibility of the Township shall be subject to inspection and approval by the Township Engineer, who shall be notified by the developer at least five days prior to the initial start of construction and again 24 hours prior to the resumption of work after any idle period exceeding one working day. All of the utility improvements shall be subject to inspection and approval by the owner of or agency controlling the utility who shall be notified by the developer in accordance with the utilities' requirements. No underground installation shall be covered until it is inspected and approved by the owner of or agency controlling the utility or by the Township Engineer in all other cases. With respect to landscaping, inspection and approval notification shall be given by the developer to the Township Engineer pursuant to § 155-103E(8).
C.
Modification of improvements. Any time, whether as
a result of his or her inspection of work underway or otherwise, the
Township Engineer may recommend that the developer be required to
modify the design and extent of the improvements required, notifying
the municipal agency of his or her recommendations. The municipal
agency shall, if it considers such modifications to be major, or if
requested by the developer or Township Engineer, take formal action
to approve or disapprove such recommendations; provided, however,
that it must first afford the developer an opportunity to be heard.
If the Agency takes no formal action within 30 days of such recommendations,
or where the developer has not requested formal municipal agency action,
its approval will be assumed. Similarly, the municipal agency may
grant or deny the developer permission to effect such modification
upon his or her application and the Township Engineer's approval.
In either event, where such modification is to be effected, the appropriate
plat must be revised by the developer or his or her engineer to reflect
such modification and sufficient copies thereof submitted to the Administrative
Officer (Planning Board Secretary) for distribution.
[Amended 12-2-2015 by Ord. No. 543-2015]
D.
General inspection requirements. All improvements,
except as otherwise provided, shall be subject to inspection and approval
by the Township Engineer. No underground installation shall
be covered until inspection and approved by the Township Engineer
or those agencies having jurisdiction over the particular installation.
If such installation is covered prior to inspection, it shall be uncovered
or other inspection means used, such as a television or other pipeline
camera as may be deemed necessary the Township Engineer, and charges
for such work will be paid for by the developer.
E.
Inspection not acceptance. Inspection of any work
by the Township Engineer, or his or her authorized representative,
shall not be considered to be final approval or rejection of the work,
but shall only be considered to be a determination of whether or not
the specific work involved was being done to Township specifications
or other required standards at the time of inspection. Any damage
to such work or other unforeseen circumstances such as the effect
of the weather, other construction, changing conditions, settlement,
etc., between the time of installation and the time that the developer
wishes to be released from his or her performance guaranty, shall
be the full responsibility of the developer, and no work shall be
considered accepted until release of the performance guaranty.
F.
Payment to contractors. No developer shall enter into
any contract requiring the Township Committee, the Township Engineer
or any of their agents, employees or other representatives to make
any declaration, written or otherwise, as a condition of payment of
said developer to a contractor as to the acceptance or rejection of
the work. Neither the Township Committee, Township Engineer nor any
of their agents, employees or representatives shall make any such
declaration.
G.
Procedure on acceptance of public improvements. When
the developer has constructed and installed the streets, drainage
facilities curbs, sidewalks, street signs, monuments and other improvements
in accordance with Township regulations, standards and specifications,
and desires the Township to accept said improvements, he or she shall,
in writing, addressed to and in a form approved by the Township Committee,
with copies thereof to the Township Engineer, request the Township
Engineer to make a semifinal inspection of the said improvements.
If the improvements have been constructed under a performance guaranty
after approval of a final plat, the developer shall submit an as-built
plan showing as-built grades, profiles and sections and locations
of all subsurface utilities such as French drains, combination drains,
sanitary sewage disposal systems, both public and individual water
lines, and control valves, gas lines, telephone conduits, monuments,
iron property markers and any other utility or improvements installed
other than as shown on the approved final plat. Said as-built plan
shall be certified to by a licensed New Jersey professional engineer.
If any improvements are constructed prior to final plat approval,
the final plat shall reflect all changes and as-built conditions and
be so certified. Said as-built plan shall be certified to by a licensed
New Jersey professional engineer. If any improvements are constructed
prior to final plat approval, the final plat shall reflect all changes
and as-built conditions and be so certified. Said as-built plan(s)
shall be submitted on reproducible media.
A.
It shall be the responsibility of the developer to
maintain the entire site or subdivision in a safe and orderly condition
construction. Necessary steps shall be taken by the developer to protect
occupants of the site or subdivision and the general public from hazardous
and unsightly conditions during the entire construction period. These
steps shall include but are not limited to the following:
(1)
Open excavations shall be enclosed by fencing or barricades
during nonconstruction hours. Movable barricades shall be equipped
with yellow flashing hazard markers or other lighting during the hours
of darkness.
(2)
The excavation of previously installed sidewalk and
pavement areas which provide access to occupied buildings in the site
or subdivision shall be clearly marked with signs and barricades.
Alternate sale access shall be provided for pedestrians and vehicles
to the occupied buildings.
(3)
Materials stored on the site shall be screened from
the view of occupants of the subdivision or site and adjoining street
and properties.
(4)
Construction equipment, materials and trucks shall
not be stored within 150 feet of occupied buildings in the site or
subdivision and adjoining streets and properties during nonconstruction
hours.
(5)
Safe vehicular and pedestrian access to occupied buildings
in the site or subdivision shall be provided at all times.
(6)
Construction activities which create obnoxious and
unnecessary dust, fumes, odors, smoke, vibrations or glare noticeable
in occupied buildings in the subdivision or site and adjoining properties
and streets shall not be permitted.
(7)
Construction activities which will result in damage
to trees and landscaping unoccupied buildings in the site or subdivision
or adjoining properties shall not be permitted.
(8)
All locations and activities in the site or subdivision
which present potential hazards shall be marked with signs indicating
the potential hazard.
(9)
Unsightly construction debris, including scrap materials,
cartons, boxes and wrappings must be removed daily at the end of each
working day.
(10)
Whenever construction activities take place
within or adjacent to any traveled way, or interfere with existing
traffic patterns in any manner, suitable warning signs, conforming
to the requirements of the Uniform Manual of Traffic Control
Devices, will be erected and maintained by the developer.
B.
Should the developer fail in his or her obligation
to maintain the site or subdivision in a safe and orderly condition,
the Township may, on five days' written notice or immediately in the
case of hazard to life, health or property, undertake whatever work
may be necessary to return the site or subdivision to a safe and orderly
condition and deduct the cost thereof from the ten-percent cash or
certified check portion of the performance guaranty. Upon notice of
such deduction, the developer shall, within 10 days, restore the full
ten-percent cash balance, or his or her performance guaranty will
be held to be void, and the Township may take action as if final plat
approval had not been obtained.
C.
The Construction Code Official shall, upon receiving
notice from the Township Engineer that a developer is in violation
of this section, suspend further issuance of certificates of occupancy
and building permits and may order cessation of work on any outstanding
permits.
A.
No permanent certificate of occupancy shall be issued
for any use or building until all required improvements are installed
and approved by the Township Engineer or other appropriate authority.
B.
No temporary certificate of occupancy shall be issued
for any use or building involving the installation of utilities or
street improvements, parking areas, buffer areas, storm drainage facilities,
other site improvements, the alteration of the existing grade on a
lot or the utilization of a new on-site well or sanitary disposal
system unless the Township Engineer or other appropriate authority
shall have, where applicable, certified to the following:
(1)
Utilities and drainage: All utilities, including but
not limited to water, gas, storm drains, sanitary sewers, electric
lines and telephone lines shall have been properly installed and service
to the lot, building or use from such utilities shall be available.
(2)
Street rights-of-way: All street rights-of-way necessary
to provide access to the lot, building or use in question shall have
been completely graded and all slope retaining devices or slope planting
shall have been installed.
(3)
Sidewalks: All sidewalks necessary to provide access
to the lot, building or use in questions shall have been properly
installed.
(4)
Streets: Curbing and the bituminous base course of
parking bituminous concrete streets or the curbing and pavement course
for Portland cement concrete streets necessary to provide access to
the proposed lot, building or use shall have been properly installed.
(5)
Curbing and parking areas: Curbing and the bituminous
base course of parking areas necessary to provide access to the required
number of parking spaces for the building or use in question shall
have been properly installed.
(6)
Obstructions: All exposed obstructions in parking
areas, access devices or streets such as manhole frames, water boxes,
gas boxes and the like shall be protected by building to the top of
such exposures with bituminous concrete as directed by the Township
Engineer.
(7)
Screening, fences and landscaping: All required screening,
fencing and/or landscaping related to the lot, building or use in
question shall have been properly installed unless the Township Engineer
shall direct the developer to delay the planting of screening and
landscaping until the next planting season in order to improve the
chances of survival of such plantings.
(8)
Site grading: All site grading necessary to permit
proper surface drainage and prevent erosion of soils shall have been
completed in accordance with the soil disturbance plans approved by
the Cape Atlantic Soil Conservation District.
(9)
Public water supply: Where the proposed lot, building
or use is served by a public water supply, said supply shall have
been installed and tested and all required fire hydrants or fire connections
shall have been installed and tested and approved.
(10)
Lighting: All outdoor lighting shall have been
installed and shall be operational.
(11)
Street signs and traffic control devices: All
street signs, paint lining and/or traffic control devices affecting
the proposed lot, building or use and required under the terms of
approval of a subdivision or site plan or by federal, state, county
or municipal rules, regulations or laws shall have been installed.
(12)
Performance guaranty: The Township Engineer
shall have received a statement signed by the developer and any entity
providing any performance guaranty, which contains language identical
or similar to the following: "The issuance of any certificate or occupancy
(temporary or permanent) shall not be a basis for any claimed reduction
in any performance guaranty."
(13)
Other: Any other conditions established for
issuance of a certificate of occupancy by the municipal agency as
a condition of final site plan approval shall be complied with.
C.
Temporary certificates of occupancy shall be issued
for a specified period of time, not to exceed one year, and the applicant
shall post a cash guaranty with the Township in an amount equal to
the cost, to the Township, of constructing all uncompleted improvements,
prior to the issuance of any such temporary certificate of occupancy.
A maintenance guaranty shall be furnished by the developer upon release of the performance guaranty, acceptable of public improvements by the Township Committee and/or approval of site improvements by the Township Engineer. The developer may elect to furnish such maintenance guaranty either by maintaining on deposit with the Township the ten-percent cash or certified check portion of the performance guaranty provided in accordance with § 155-74 of this article or by a bond issued by a bonding company or surety company, or other type of surety acceptable to and approved by the Township Attorney and Township Committee in an amount equal to 15% of the total performance guaranty provided in accordance with § 155-74 of this article. The maintenance guaranty shall begin with the release of the performance guaranty and shall run for a period of two years. The maintenance guaranty shall be to the effect that the applicant, developer, owner or user guarantees the complete maintenance of all improvements for a period of two years from the release of his or her performance guaranty. Should he or she fail in his or her obligation to properly maintain all improvements, the Township may, on 10 days' written notice or immediately, in the case of hazard to life, health or property, proceed with necessary repair or replacement of any unacceptable improvements and charge the cost thereof against the guaranty. At the end of the maintenance guaranty, the cash or certified check on deposit will be returned to the subdivider less any sums, properly documented by the Township, which have been expended to repair or replace any unsatisfactory improvements.
