A.
Prior to the construction of any required improvements,
the developer shall schedule and hold a preconstruction conference
with the Municipal Engineer. At the time of this preconstruction conference,
the developer shall provide the Municipal Engineer with the names
of the contractors who are intended to install the required improvements,
with certifications that each is qualified to perform the work involved.
This certification shall specify that work of a similar nature and
constituting of at least 50% of the cost of the improvement to be
installed in this project, has been satisfactorily completed in the
past.
B.
Except as set forth herein, all required improvements
shall be subject to inspection and approval by the Municipal Engineer,
who shall be notified by the developer at least 48 hours prior to
the start of any construction. No underground utilities or other underground
installation of improvements shall be covered until inspected and
approved.
C.
Fees to cover the cost of required inspections, including
landscaping, shall be posted with the municipality in the amount of
6% of the Engineer's estimate of required improvements. The requirement
of such inspection and the payment of the required fees shall be included
as a condition of final development approval. In the event that the
developer elects to install improvements prior to final approval,
the engineer's estimate shall be submitted for approval and inspection
fees shall be posted upon preliminary approval and prior to any construction
of improvements. Additionally, the requirements for a preconstruction
conference and the conditions thereof shall apply in the event the
developer so elects.
D.
The standard specifications of Haddon Township, as
presently or hereafter adopted or those otherwise set forth herein,
shall govern the construction and installation of all required improvements.
In the event that the particular specifications for any construction
are not set forth in this chapter, the standard specifications of
the New Jersey Department of Transportation and or New Jersey Residential
Site Improvement Standards (N.J.A.C. 5:21-1.1 et seq.), as amended,
shall govern such construction.
A.
Before recording of final subdivision plats or as
a condition of final site plan approval or as a condition to the issuance
of a zoning permit pursuant to N.J.S.A. 40:55D-65, the approving authority
may require and shall accept in accordance with the standards adopted
by ordinance for the purpose of assuring the installation and maintenance
of on-tract improvements:
(1)
The furnishing of a performance guarantee in favor
of the municipality in an amount not to exceed 120% of the cost of
installation, which cost shall be determined by the Municipal Engineer
according to the method of calculation set forth in N.J.S.A. 40:55D-53.4
for improvements which the approving authority may deem necessary
to appropriate, including: street, grading, pavement, gutters, curbs,
sidewalks, streetlighting, shade trees, surveyor's monuments, as shown
on the final map and required by the Map Filing Law, 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 only,
other on-site improvements and landscaping. The Municipal Engineer
shall prepare an itemized cost estimate of the improvements covered
by the performance guarantee, which itemized cost estimate shall be
appended to each performance guarantee posted by the obligor.
(2)
Provisions for maintenance guarantee to be posted
with the governing body 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-53.4. In the event that other governmental
agencies or public utilities automatically will own the utilities
to be installed or the other improvements are covered by a performance
or maintenance guarantee to another governmental agency, no performance
or maintenance guarantee, as the case may be, shall be required by
the municipality for such utilities or improvements.
B.
The time allowed for installation of the improvements
for which the performance guarantee has been provided may be extended
by the governing body by resolution. As a condition or as a part of
any such extension, the amount of any performance guarantee shall
be increased or reduced, as the case may be, to an amount not to exceed
120% of the cost of installation, which cost shall be determined by
the Municipal Engineer according to the method of calculation set
forth in N.J.S.A. 40:55D-53.4 as of the time of passage of the resolution.
C.
If the required improvements are not completed or
corrected in accordance with the performance guarantee, the obligor
and surety, if any, shall be liable thereon to the municipality for
the reasonable cost of the improvements not completed or corrected,
and the municipality may either prior to or after the receipt of the
proceeds thereof complete such improvements. Such completion or correction
of improvements shall be subject to the public bidding requirements
of the Local Public Contracts Law.
D.
List of uncompleted or unsatisfactorily completed
improvements.
(1)
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the Municipal Clerk, that the Municipal Engineer prepare, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A of this section, a list of all uncompleted or unsatisfactory completed improvements. If such a request is made, the obligor shall send a copy of the request to the Municipal Engineer. The request shall indicate which improvements have been completed and which improvements remain uncompleted in the judgment of the obligor. Thereupon the Municipal Engineer shall inspect all improvements covered by the obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after the receipt of the obligor's request.
(2)
The list prepared by the Municipal Engineer shall state, in detail, with respect to each improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, or remedy for, the unsatisfactory state of each completed improvement determined to be unsatisfactory. The report prepared by the Municipal Engineer shall identify each improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory improvement, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A of this section.
E.
Approval or rejection of improvements by governing
body.
(1)
The governing body, by resolution, shall either approve the improvements determined to be complete and satisfactory by the Municipal Engineer, or reject any or all of these improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Municipal Engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved improvements, except that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the performance guarantee posted may be retained to ensure completion and acceptability of all improvements.
(2)
Failure of Engineer to provide list or report; failure
of governing body to approve or reject improvements.
(a)
If the Municipal Engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection D of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Municipal Engineer to provide the list and report within a stated time, and the cost of applying to the court, including reasonable attorney fees, may be awarded to the prevailing party.
(b)
If the governing body fails to approve or reject the improvements determined by the Municipal Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Municipal Engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Municipal Engineer and appended to the performance guarantee pursuant to Subsection A of this section; and the cost of applying to the court, including reasonable attorney fees, as may be awarded to the prevailing party.
(3)
In the event that the obligor has made a cash deposit
with the municipality or approving authority as part of the performance
guarantee, then any partial reduction granted in the performance guarantee
pursuant to this subsection shall be applied to the cash deposit in
the same proportion as the original cash deposit bears to the full
amount of the performance guarantee.
F.
If any portion of the required improvements is rejected,
the approving authority may require the obligor to complete or correct
such improvements and, upon completion or correction, the same procedure
of notification as set forth in this section shall be followed.
G.
Nothing herein, however, shall be construed to limit
the right of the obligor to contest by legal proceedings any determination
of the governing body or the Municipal Engineer.
H.
The obligor shall reimburse the municipality for all
reasonable inspection fees paid to the Municipal Engineer for the
foregoing inspection of improvements; provided that the municipality
may require of the developer a deposit for the inspection fees in
an amount not to exceed, except for extraordinary circumstances, the
greater of $500 or 5% of the cost of improvements, which cost shall
be determined pursuant to N.J.S.A. 40:55D-53.4. For those developments
for which the reasonably anticipated fees are less than $10,000, fees
may, at the option of the developer, be paid in two installments.
The initial amount deposited by a developer shall be 50% of the reasonably
anticipated fees. When the balance on deposit drops to 10% of the
reasonably anticipated fees because the amount deposited by the developer
has been reduced by the amount paid to the Municipal Engineer for
inspection, the developer shall deposit the remaining 50% of the anticipated
inspection fees. For those developments for which the reasonably anticipated
fees are $10,000 or greater, fees may, at the option of the developer,
be paid in four installments. The initial amount deposited by a developer
shall be 25% of the reasonably anticipated fees. When the initial
amount deposited by a developer drops to 10% of the reasonably anticipated
fees because the amount deposited by the developer has been reduced
by the amount paid to the Municipal Engineer for inspection, the developer
shall make additional deposits of 25% of reasonably anticipated fees.
The Municipal Engineer shall not perform any inspection if sufficient
funds to pay for those inspections are not on deposit.
I.
In the event that final approval is by stages or sections
of development pursuant to Subsection a of N.J.S.A. 40:55D-38, the
provisions of this section shall be applied by stage or section.
J.
To the extent that any of the improvements have been dedicated to the municipality on the subdivision plat or site plan, the municipal governing body shall be deemed, upon the release of any performance guarantee required pursuant to Subsection A of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the Municipal Engineer.
A.
Payment of fees. The processing of applications for
development shall be subject to the payment of application fees, review
fees for professional services and inspection fees pursuant to an
ordinance adopted by the Township Commissioners.
B.
Handling and disbursement of fees. The collection
and disbursement of application, review and inspection fees shall
be governed by the provisions of N.J.S.A. 40:55D-53.1.
C.
Dispute of charges. If an applicant disputes the charges
by a professional for services rendered to the municipality, said
dispute shall be resolved pursuant to the standards of N.J.S.A. 40:55D-53.2a.
D.
Court reporters. If an applicant desires a certified
court reporter, the cost of taking testimony and transcribing it and
providing a copy of the transcript to the Township shall be at the
expense of the applicant, who shall also arrange for the reporter's
attendance.
A.
Prior to the acceptance by the Township of any improvements
installed in or as part of any development, the developer shall furnish
to the Township Engineer a set of as-built plans for the following,
drawn on Mylar base sheets not larger than 24 inches by 36 inches:
(1)
Roads (plans and profiles).
(2)
Surface and stormwater drainage (plans and profiles)
for facilities in roads and easements.
(3)
Sanitary sewers, including individual lot connections
and cleanouts (plans and profiles) for facilities in roads and easements.
(4)
Water mains, gas mains and underground electric, telephone
and community antenna television conduits (plans and profiles) for
facilities in roads and easements.
B.
All of the foregoing improvements and utilities may
be shown on the same location plans with appropriate legends.
A.
In the case of a subdivision, no certificate of occupancy
shall be issued for any building on any lot in a development until
installation of the following improvements required for such lot shall
have been completed, inspected and approved by the Township Engineer:
B.
In the case of a site plan, no certificate of occupancy
shall be issued for any building unless the Township Engineer has
certified that the site improvements necessary for the occupancy of
the building have been completed or have been completed to the extent
necessary to allow the safe occupancy of the building without inconvenience
to the occupants of the building. In these cases, where other site
improvements related to the Development Plan are incomplete, the applicant
shall agree in writing to complete said improvements within 180 days,
and shall post a guarantee to cover completion of said improvements.
In no case shall the final 10% of the development be occupied until
all site improvements have been completed.
