[HISTORY: Adopted by the Mayor and Council
of the Borough of Totowa as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-15-1956 by Ord. No. 603 (Ch.
130 of the 1974 Code)]
All installations of public utilities such as
water mains and sanitary sewers, and all improvements such as roadways,
storm sewers, culverts, sidewalks, curb and gutters, where such installation
is not being made by the Borough of Totowa and is not subject to the
Land Subdivision Ordinance of the Borough of Totowa,[1] shall be supervised and inspected by the Borough Engineer
of the Borough of Totowa during such installation. This article shall
not apply to repairs or replacements of sidewalks, curb and gutters
or installations by utility companies which already have the right
to make such installations and are properly bonded.
[Amended 11-20-1956 by Ord. No. 618]
The standard of improvements for all utilities
and improvements shall be equal to or superior to New Jersey State
Highway Standard Specifications of 1941, as amended, except that only
cast-iron pipe shall be permitted to be used for water mains.
All plans and specifications must be approved
by the Borough Engineer and the Borough Council.
All permits required under the Borough ordinance
regulating the opening of streets[1] or any necessary permits for opening county roads shall
be obtained by the party making the installation.
Services rendered by the Borough Engineer in
connection with the supervision and inspection of such installation
shall be for the account of the party making the installation. Bills
for such services shall be in such sums as the Borough Engineer shall
submit and the Borough Council shall deem to be reasonable, and shall
be paid directly to the Engineer.
Services rendered by the Borough Attorney in connection with the approval of the performance guaranty and the preparation of any agreements necessary to protect the Borough, required by § 388-8 below, shall be for the account of the party making the installation. Bills for services shall be in such sums as the Borough Council shall deem to be reasonable and shall be paid directly to the Attorney.
A.
No plans and specifications shall be approved by the
Borough Council unless and until the party making the installation
shall post a performance guaranty with the Borough Clerk sufficient
in amount to cover the cost of all such improvements, including utilities,
as estimated by the Borough Engineer and assuring the installation
of the improvements, including utilities, on or before an agreed date
and their maintenance for a specified period.
B.
The performance guaranty shall also guarantee:
(1)
That after the installation is completed, plans and
profiles, in duplicate, one for the Superintendent of the Department
of Public Works and one for the Superintendent of the Sewer Department,
of storm and sanitary sewers and water mains showing the exact location
of the sewer or main and laterals, Ts and shutoffs, accompanied by
a linen tracing of the same on a scale of 50 or 100 feet to the inch,
shall be filed with the Borough Clerk.
C.
Such performance guaranty shall be approved by the
Borough Attorney as to form, sufficiency and execution.
D.
The performance guaranty may be in the form of a performance
bond which shall be issued by a bonding or surety company approved
by the Borough Council; a certified check, returnable after full compliance;
or any other type of surety approved by the Borough Attorney. The
amount of the performance guaranty may be reduced by the Borough Council
when portions of the improvements have been installed.
E.
If the required improvements are not installed in
accordance with the performance guaranty, the obligor and surety shall
be liable to the Borough for the reasonable cost of the improvements
not installed, and upon receipt of the proceeds thereof the Borough
shall install such improvements.
[Adopted 11-13-1990 by Ord. No. 11-90 (Ch.
129 of the 1974 Code)]
The following shall constitute the off-site
contribution to be paid by all developers and property owners within
the contributing area, more particularly described on the attached
Exhibit A.[1]
A.
The base off-site contribution for sewer per lot or
unit basis shall be $1,425.
B.
The base off-site contribution for water per lot or
unit basis shall be $1,845.
C.
Upon the final approval of a major subdivision, 50%
of the total amount computed for the water and sewer shall be paid.
The balance of 50% shall be paid on the issuance of each building
permit for the prorated share for water and sewer, with the final
balance to be paid within two years of the final subdivision approval.
At the end of the two years, the balance, if any, shall be apportioned
to the remaining undeveloped properties and there shall be a lien
placed upon the subject properties after the two-year period of final
approval. Properties specified herein shall accrue interest as is
permitted by state law and the resolution as adopted by the Mayor
and Council of the Borough of Totowa for outstanding balances on taxes.
E.
For any properties that are sold to a private owner
from the approved subdivision or other sales of property within the
area as described in Exhibit A, the full amount of the contribution
shall be paid in full upon the filing of a deed.
[1]
Editor's Note: Exhibit A is on file in the
office of the Borough Clerk and may be examined there during regular
office hours.
On any other property that is not developed in the area as indicated in Exhibit A, with the exception of those properties under the provisions of § 388-9C, D and E, within two years of the adoption of this article, there shall be a surcharge of 5% for each year for five consecutive years, in addition to the base charge as described in § 388-9A and B, not to exceed 25%, which shall be payable in full upon the issuance of a building permit.
On any property, when subdivided and building lots are approved, the filed map shall be the determining factor as to the amount of lots to be required for the contribution as described in § 388-9C. In the event that there are further subdivisions of a subdivided lot, the addition of any further building lots shall be subject to the provisions of § 388-9A and B.
Upon the adoption of this article, the Municipal Clerk shall cause to be filed with the Registrar of Deeds a certified copy of this article, along with a list of the properties, designated by block and lot, located within the area of Exhibit A. For any properties created after the adoption of this article by a subdivision, the provisions of § 388-9C, D and E shall govern.
The Planning Board, Board of Adjustment, Construction Code Official or Zoning Officer of the Borough of Totowa shall, as a condition for the issuance of any approvals, variances, building permits or certificates of occupancy, subdivision, minor or major, site plan approval, preliminary or final, or any other type of building, zoning or development approval, require all developers or property owners within the contributing area referred in § 388-9 to comply with the terms and provisions of this article by resolution, builders agreement or agreement with the Borough of Totowa.
