[1997 Code § 224-176; Ord. No. 13-2005]
A.
Performance guaranties shall be posted prior to the granting of final
developmental approval.
B.
Performance guaranties shall be submitted in favor of the City of
Absecon in an amount not to exceed 120% of the cost of installation
of improvements it may deem necessary or appropriate, including streets,
grading, pavement, gutters, curbs, sidewalks, street lighting, shade
trees, surveyor's monuments, water mains, culverts, storm sewers,
sanitary sewers or other means of sewage disposal, drainage structures,
erosion control and sedimentation control devices, public improvements
of open space and in the case of site plans, other on-site improvements
and landscaping. 10% of the total performance guaranty shall be in
cash, deposited with the Chief Financial Officer of the City and the
remaining 110% shall be in a form acceptable to the City Attorney.
In the event the cost of improvements, as determined by the City Engineer,
exceed $2,000,000, the entire Performance Guaranty may be in the form
of a bond or other security, at the discretion of the City Council.
The form and content of the bond must be acceptable to the City Attorney.
Such guaranties may be usable at any point by the City for the nonperformance
of the applicant. Such guaranties shall run for a period of 18 months,
subject to extension by the City Council for additional periods of
18 months as deemed necessary by the City.
[Ord. No. 13-2005]
C.
If the required improvements are not completed or corrected in accordance
with the performance guaranties within the time limit or extension,
the obligor and surety shall be liable thereon to the City for all
reasonable costs of improvements not installed and upon receipt of
the proceeds thereof, the City shall install such improvements. In
the event the performance guaranty has no cash on deposit with the
City due to the total cost of improvements exceeding $2,000,000 pursuant
to paragraph B. above, the City will have the right to charge the
applicant all fees incurred by the City in pursuit of the surety for
performance under the bond.
[Ord. No. 13-2005]
D.
Prior to acceptance of a performance guaranty by the City Council,
the Council shall receive:
(1)
A letter from the City Engineer stating that the proposed bond
covers all items required.
(2)
A list of the items covered and their cost.
(3)
A letter of approval from the City Attorney as to bond form.
(4)
A letter from the City Engineer and Planning Board stating that
the plans meet all specifications.
E.
Following acceptance of a performance guaranty by the City Council,
a letter so stating shall be sent to the Planning Board prior to signing
of final plats for the development.
F.
Prior to release of a performance guaranty in full or in part in
accordance with N.J.S.A. 40:55D-53, the City Council shall receive:
(1)
A recommendation from the Planning Board.
(2)
As-built plans of all utilities and roads approved by the City
Engineer.
(3)
A statement from the developer/subdivider that there are no
liens or other legal encumbrances on any of the improvements or utilities
to be deeded.
(4)
Deeds, free and clear from all encumbrances, for all streets,
public easements, drainage easements or other dedicated lands.
[1997 Code § 224-177]
A.
All improvements required by the Planning Board shall, prior to the
release of performance guaranties, be covered by a maintenance guaranty
running in favor of the City in the amount of 15% of the estimated
cost of improvements, as determined by the City Engineer. Said bond
shall run for a period of two years following acceptance by the City
and shall provide for proper repair and/or replacement during this
period. In the event that all improvements have been completed prior
to granting of final approval by the Planning Board, the maintenance
bond shall be posted before final plat approval. Maintenance bonds
will be approved as to form by the City Attorney.
B.
In the event that other governmental agencies or public utilities
will automatically own the utilities to be installed or the improvements
are covered by a performance or maintenance guaranty to another governmental
agency, no performance or maintenance guaranty shall be required by
the municipality for such utilities or improvements.
[1997 Code § 224-178]
A.
City Council shall not accept any roadway or other improvement until
the maintenance guaranty has been posted and all deficiencies corrected
or repaired. The City may, however, agree to perform limited services
if requested, in writing, by the subdivision developer and if held
harmless for any damages resulting from such action.
B.
A deed for any roadway or improvement shall be submitted to the City
Council prior to being recorded after the twenty-four-month period
and upon certification from the City Engineer that no further maintenance
is required. The deed will be approved by the City Attorney and recorded
at the expense of the subdivider.
[1997 Code § 224-179]
A.
Any subdivision which requires off-tract improvements, as defined
below, shall comply with the provisions of this section.
B.
Definition. An off-tract improvement shall be one or more required
improvements necessary for successful completion of a development
in the interest of furthering public health, safety and general welfare
and located outside the bounds of the owner's or subdivider's property.
Off-tract improvement shall be required where:
C.
The proportionate contribution of any such off-tract improvement
to the owner or subdivider shall be reasonably related to the relative
benefit or use of the total area served in line with the following
formulas:
(1)
Street widening, alignment, corrections, channelization of intersections,
construction of barriers, new or improved traffic signalization, signs,
curbs, sidewalks, trees, utility improvements not covered elsewhere,
the construction of new streets and other similar street or traffic
improvements. The owner's or subdivider's proportionate cost 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.
(2)
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 owner's or subdivider's proportionate cost shall be
in the ratio of the estimated daily use of water from the property
or 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.
(3)
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 owner's or subdivider'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 daily flow
from the proposed project or development. In the case where the peak
flow from 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 minute 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 owner or subdivider.
(4)
Drainage facility improvements shall be based upon the percentage
relationship between the subdivision acreage and the total acreage
of the drainage basins imparted upon plus 10% for contingencies.
(5)
Other facilities or services shall be determined by use of equitable
formula.
D.
Planning Board determination of required off-tract improvements shall
be guided by the zoning articles, land use element and such professional
advice as it may deem necessary for the specific project. Once it
has determined that one or more off-tract improvements are necessary,
the Board shall notify the City Council via resolution of its findings
and shall provide an estimate of cost, a suggested pro-rata share
for the development in question and suggested means of payment. The
Board shall not take final action on a preliminary subdivision until
all aspects of such agreements have been mutually agreed to by developer/subdivider
and the City Council and the Board has been advised, in writing, by
the Council.
E.
Implementation. Where a performance or maintenance guaranty is required in connection with off-tract improvement, the procedures outlined in Sections 224-176 and 224-178 of this Article shall be followed. Cash contributions where required by agreement shall be deposited with the City Clerk, who shall place them in an escrow account for the purposes outlined. If improvements are not completed within 10 years, the funds shall be returned to the subdivider/developer under terms outlined by the City Attorney. Cash contributions shall not be required where County or State agencies have jurisdiction over subject improvements and where those units require a guaranty that would represent a duplication.
F.
Prior to release of a performance guaranty for off-tract improvements
in full or in part, in accordance with N.J.S.A. 40:55D-53, the City
Council shall receive:
(1)
A recommendation from the Planning Board.
(2)
As-built plans of all utilities and roads approved by the City
Engineer.
(3)
A statement from the developer/subdivider that there are not
liens or other legal encumbrances on any of the improvements or utilities
to be deeded.
(4)
Deeds, free and clear from all encumbrances, for all streets,
public easements, drainage easements or other dedicated lands.
