[Amended 10-20-1980 by Ord. No. 37-80; 11-15-1982 by Ord. No. 24-82]
A.
Completion of improvements.
[Amended 11-18-1991 by Ord. No. 36-91]
(1)
Following preliminary approval, but prior to final
subdivision approval, the subdivider may elect to install all improvements
as required by the Planning Board, under the supervision and inspection
of the Township Engineer, or he may post a performance guaranty to
assure the installation of any or all required improvements as hereinafter
provided and install any required improvements not covered by the
performance guaranty.
(2)
Following installation of improvements and/or posting
of performance guaranties as provided above, the subdivider shall
be entitled to file the final subdivision plat upon receipt of final
subdivision approval; however, no construction permits shall be issued
in the subdivision or section thereof for which final approval was
obtained until the complete installation of all required improvements,
including the filing with the Township Engineer of all as-built plans
and profiles of all utilities, including stormwater management facilities,
with a certification as to the actual construction, except the following:
[Amended 4-15-2002 by Ord. No. 14-02[1]]
(a)
The final bituminous surface course of streets;
(b)
Sidewalks;
(d)
Monuments;
(e)
Shade trees;
(f)
Detention basin landscaping;
[1]
Editor's Note: This ordinance also provided
that any subdivision which received preliminary subdivision approval
prior to the effective date of this ordinance shall be exempt from
the provisions of this ordinance.
(3)
All improvements covered by the performance guaranties
shall be completed within two years of final approval unless an extension
of time is granted by the Township Committee and shall be completed
to the satisfaction of the Township Engineer prior to the issuance
of the last 10% percent (rounded up to the next whole numeral) of
certificates of occupancy for the subdivision.
[Amended 4-15-2002 by Ord. No. 14-02[3]]
[3]
Editor's Note: This ordinance also provided
that any subdivision which received preliminary subdivision approval
prior to the effective date of this ordinance shall be exempt from
the provisions of this ordinance.
(4)
If the subdivider elects to post performance guarantees
pursuant to this section, the final plat shall contain the following
statement in bold letters:
[Amended 6-21-1999 by Ord. No. 14-99; 2-27-2003 by Ord. No. 3-03]
NOTICE
CONSTRUCTION OF ALL REQUIRED IMPROVEMENTS IS TO BE COMPLETED WITHIN TWO YEARS OF FINAL APPROVAL UNLESS AN EXTENSION OF TIME HAS BEEN OBTAINED FROM THE TOWNSHIP COMMITTEE. THE MUNICIPALITY HAS NO OBLIGATION TO CONSTRUCT ANY IMPROVEMENTS NOT COMMENCED, NOR TO COMPLETE ANY IMPROVEMENTS COMMENCED BY DEVELOPER EXCEPT TO THE EXTENT OF FUNDS RECEIVED FROM THE PERFORMANCE GUARANTEES POSTED BY DEVELOPER WITH THE MUNICIPALITY. NO BUILDING PERMITS SHALL BE ISSUED UNTIL COMPLETION OF ALL REQUIRED IMPROVEMENTS WITH THE EXCEPTION OF THOSE SET FORTH IN § 175-31A(2).
|
B.
To assure the repair and/or correction of certain
installed improvements during the period of construction prior to
Township acceptance, the Planning Board may require a performance
guaranty in an amount equal to 10% of the value of such installed
improvements. Pavement, curbing, drainage and items shown on the plans
or required by ordinance which have been installed during said construction
period may be subject to this requirement.
C.
The performance guaranty to be furnished shall comply
with the requirements of this chapter and of the Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq.
[Amended 2-19-1990 by Ord. No. 6-90[4]]
D.
The following construction standards and improvements are necessary to protect the health, safety, welfare and convenience of the residents and public as well as needed to meet local, county, regional, state and national goals and objectives. It is recognized, however, that in peculiar situations, all of the improvements listed below may not be appropriate or needed. These items may then be waived in accordance with § 175-8.
E.
To assure the repair and/or correction of certain
installed improvements during the period of construction prior to
Township acceptance, the Planning Board may require a performance
guaranty in an amount equal to 10% of the value of such installed
improvements. Pavement, curbing, drainage and items shown on the plans
or required by ordinance which have been installed during said construction
period may be subject to this requirement.
F.
The performance guaranty to be furnished shall comply
with the requirements of this chapter and of the Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq.
[Amended 2-19-1990 by Ord. No. 6-90]
G.
The following construction standards and improvements are necessary to protect the health, safety, welfare and convenience of the residents and public as well as needed to meet local, county, regional, state and national goals and objectives. It is recognized, however, that in peculiar situations, all of the improvements listed below may not be appropriate or needed. These items may then be waived in accordance with § 175-8.
A.
Township standards. All standards and specifications
of the Township as now or hereafter adopted shall govern the design,
construction and installation of all improvements. Failure of the
subdivider, developer, his contractor or agent to conform to said
specifications shall be just cause for the suspension of the work
being performed. No subdivider shall have the right to demand or claim
damages from the Township, its officers, agents or servants by reason
of said suspension.
B.
Other standards.
(1)
In the event that the Township has not adopted standards
for a specific type of improvement, then generally accepted engineering
standards as set forth in engineering and construction manuals, as
may be approved and modified by the Township Engineer for a specific
situation, shall be used.
(2)
Gas, electric, telephone and similar utilities shall
be installed in accordance with applicable company, state and federal
requirements.
C.
Grades. All construction stakes and grades shall be
set by a licensed land surveyor in the employ of the subdivider, developer
or contractor. One copy of all cut sheets shall be filed with the
Township Engineer prior to the commencement of any construction.
D.
Inspection. Prior to the start of the construction
or installation of such improvements, the subdivider shall advise
the Township Engineer 48 hours prior to the commencement of such work.
No underground installation shall be covered until inspected and approved
by the appropriate official. If during installation of any of the
required improvements the subdivider fails to meet specification requirements
or to correct unacceptable work, the subdivider shall be notified,
in writing, by certified mail, return receipt requested, that the
subdivider has failed to comply with specifications or to correct
unacceptable work properly, and said notice shall set forth in detail
what has not been properly installed. If within 10 days after certified
date of receipt of such notice the subdivider has failed to perform
in accordance with the notice, the Township shall then cause the notice
of failure to comply to be served upon the subdivider, and a copy
shall be sent to the governing body and Planning Board for appropriate
action.
A.
Site conditions. During construction the site shall
be maintained and left each day in a safe and sanitary manner, and
any condition which could lead to personal injury or property damage
shall be immediately corrected by the subdivider.
B.
Disposal of dead trees, litter, building materials.
Developed areas shall be cleared of all stumps, litter, rubbish, brush,
weeds, dead and dying trees, roots and debris, and excess of scrap
building materials shall be removed or destroyed immediately upon
the request of and to the satisfaction of the Construction Official
prior to issuing an occupancy permit.
C.
Earth removal. No part of the top layer of soil shall
be removed from the site or used as spoil unless approved by the Township
Committee. At least six inches of such soil shall be provided within
25 feet of the structure and appropriately landscaped. All non-hard-surfaced
areas of the lot or those portions without structures shall be stabilized
by seeding or planting to prevent soil erosion. Areas where vegetation
has been removed or the surface has been disturbed and which constitute
a potential soil erosion problem shall be appropriately stabilized
to the satisfaction of the Township Engineer and Construction Official.
D.
Changes in elevation.
(1)
No change shall be made in the elevation or contour
of any lot or site by the removal of earth to another lot or site
other than as shown on an approved preliminary plat.
(2)
Minimal changes in elevations or contours necessitated
by field conditions may be made only after approval by the Township
Engineer. All said changes necessitated by field conditions shall
be shown on the final plat and indicated as a change from the preliminary,
or if final approval has been granted, said changes shall be shown
on the as-built plans.
E.
Temporary improvements. During construction, the Township
Engineer may require the installation or construction of improvements
to prevent or correct temporary conditions on the site which could
cause personal injury, damage to property or constitute a health hazard.
These conditions may result from erosion and landslide, flooding,
heavy construction traffic, creation of steep grades and pollution.
Improvements may include grading, plantings, retaining walls, culverts,
pipes, guardrails, temporary roads and others appropriate to the specific
condition.
A.
Surface water management improvements. Surface water management improvements and measures conforming to the standards in §§ 175-27T and 175-49 shall be provided.[1]
[Added 8-16-1982 by Ord. No. 19-82]
[1]
Editor's Note: Former Subsection A, Surface
Water Management, was repealed 5-18-1981 by Ord. No. 14-81.
B.
Sanitary sewage disposal.
(1)
Provisions shall be made to convey sanitary waste
from each lot through laterals and interceptors of sufficient size,
material and capacity to collectors and then to trunk sewers to public
treatment facilities. Where a public sanitary sewer system is not
reasonably accessible, approved individual septic systems shall be
installed for each lot except as noted below.
(2)
Where a public sanitary sewage disposal system is
not now reasonably accessible but will be within three years of date
of preliminary approval, as evidenced by a letter from the appropriate
sewer authority, the subdivider may be required by the Planning Board
to install within the subdivision a complete sewer pipe system, including
provisions for the connection thereto at each structure. Until such
time as the public sanitary sewage disposal system is capable of becoming
operable, individual septic systems or other appropriate and approved
waste treatment facilities shall be required. A sanitary waste disposal
system shall include all or part of the following: pipes and necessary
appurtenances such as manholes, lampholes, pumping stations, drainage
tiles, valves and siphons.
(3)
Where connection to a public sanitary sewage disposal
system is not proposed, the minimum lot requirements in a residential
zone shall be the bulk requirements of the R-1/R-2 Zone or the zone
in which they are actually located, whichever is greater.
[Added 2-15-1988 by Ord. No. 3-88; amended 10-15-2001 by Ord. No. 32-01; 6-17-2002 by Ord. No.
22-02]
(4)
Where connection to a public sanitary sewage disposal
system is proposed, at the time of application, the applicant shall
submit a letter from the appropriate Municipal Utilities Authority
stating:
[Added 8-19-1991 by Ord. No. 26-91; amended 11-18-1996 by Ord. No. 30-96]
(a)
The tract is within the Authority's service
area.
(b)
The tract could be served by the Authority subject to availability of capacity at time of approval, as per § 175-22E(3).
(5)
Where connection to a public sanitary sewage disposal system is proposed, as a condition precedent to approval by the Planning Board, the appropriate Municipal Utilities Authority shall state, in writing, that a public sanitary sewer disposal system will be available per § 175-22E(3).
[Added 8-19-1991 by Ord. No. 26-91; amended 11-18-1996 by Ord. No. 30-96]
C.
Water.
(1)
Provision shall be made to provide each lot with an
adequate and continuous supply of potable water.
(2)
Where a public water system is reasonably accessible, all lots shall be connected thereto, provided that adequate yield and pressure are available without a negative effect on present users as defined in § 175-22E(1).
[Amended 11-18-1996 by Ord. No. 30-96]
(3)
In the event that such an adequate public system is
not reasonably accessible, the subdivider shall submit plans to provide
a suitable system for supplying water at the subdivider's expense.
(4)
Where an adequate public water system is not now reasonably
accessible but will be within three years of date of preliminary approval,
as evidenced by a letter from the Municipal Utilities Authority or
appropriate franchised water company, the subdivider may be required
by the Planning Board to install within the subdivision a complete
water distribution system including provisions for connection to each
structure. Until such time as the system is capable of becoming operable,
individual wells shall be installed.
(5)
A water system shall include all or part of the following:
pipes and necessary appurtenances of sufficient size, material and
capacity, pumps, valves, pumping stations, standpipes and fire hydrants.
(6)
Fire hydrants shall be of a design and type approved
by the Township and shall be installed in accordance with Township
requirements.
(7)
For subdivisions of five or more lots, a fire-protection system shall be provided. Where public water is not proposed, the system shall meet the criteria set forth in § 175-50.
[Added 2-16-1987 by Ord. No. 3-87; amended 6-17-1991 by Ord. No. 13-91]
(8)
Where connection to public water is not proposed,
the minimum lot requirements in a residential zone shall be the bulk
requirements of the R-1/R-2 Zone or the zone in which they are actually
located, whichever is greater.
[Added 2-15-1988 by Ord. No. 3-88; amended 10-15-2001 by Ord. No. 32-01; 6-17-2002 by Ord. No.
22-02]
D.
Private utilities. Gas lines, telephone lines, electrical
service, cable television and similar utilities shall consist of those
improvements and proper installation of the same required by the applicable
municipal, federal or state law or public utility regulation.
E.
Vehicular and pedestrian improvements. Such improvements
shall include all or part of the following: street paving, curbs,
gutters, concrete sidewalks, bituminous concrete driveway aprons,
streetlighting, traffic signs, traffic control devices and guardrails
and other street improvements.
(1)
Streets. Streets shall meet the design specifications established in Article VII, Design Standards.
(2)
Street signs. The design and location of all street
signs shall be approved by the Planning Board. The name of all new
streets shall be approved by the governing body or its designee.
(3)
Sidewalks and driveways. In the R-1 Zone, sidewalks shall be installed on both sides of through streets. On dead-end streets in the R-1 Zone and on all streets in other zones, sidewalks may be required where deemed necessary in the interest of public safety. Sidewalks, where required, and driveways shall be constructed in accordance with Chapter 172, Streets and Sidewalks, Article II, Sidewalk Construction, and Article III, Driveway Construction.
[Amended 4-18-1983 by Ord. No. 9-83]
(4)
Traffic signs and control devices. These improvements,
such as stop, yield and one-way signs, etc., shall be designed and
installed in accordance with applicable federal, state and county
regulations. Recommendation as to their installation shall be reviewed
by the Police Department.
(5)
Guardrails. These shall be designed to prevent cars
from leaving the road. They shall be installed where danger exists
to the traveling public due to steep topography, narrow roadways,
location of drainage ditches or other similar conditions.
F.
Natural improvements. These improvements shall include
all or some of the following: shade trees, topsoil, earth removal,
borrow and fill, improvements to prevent erosion and landslides, improvements
to prevent damage to adjacent property, to protect vistas and existing
natural growth. All such improvements shall be installed within one
year of the issuance of any certificate of occupancy.
G.
Shade trees. The standards for shade trees and for
the installation thereof shall be as follows:
(1)
All trees must be nursery-grown according to the American
Association of Nurserymen guidelines.
[Amended 10-15-2001 by Ord. No. 31-01]
(2)
Trees are to be balled and burlapped, well branched
and with a good root system.
(3)
Trees are to have straight trunks.
(4)
Trees must be true to name.
(5)
Backfill should consist of 50% humus for each tree.
(6)
All trees are to be generously, thoroughly watered
at time of planting.
(7)
Trees will be properly pruned at time of planting.
(8)
All excess debris and soil is to be removed from the
planting site. No soil is to be piled around base of tree.
(9)
Trees are to be guaranteed for a period of two years
from the date that the Township Committee accepts the subdivision
streets.
[Amended 10-15-2001 by Ord. No. 31-01]
(10)
Trees shall be ed on site plans and shall be
covered by a performance bond. Notification of planting must be given
to the Shade Tree Committee one month prior to installation.
[Amended 12-17-1984 by Ord. No. 31-84]
(11)
Each tree will be staked approximately five
feet from the ground with two stakes two inches by two inches by six
feet long. Trees will be wired to stakes passing through a rubber
hose where attached to tree.
(12)
All trees shall be no less than two-and-one-half-inches
to three-inches caliper per the American Association of Nurserymen
guidelines, measured six inches above ground. Amended 3-17-1980 Ord.
No. 12-80; 3-21-1988 by Ord. No. 7-88; 10-15-2001 by Ord. No. 31-01
(13)
Shade trees shall not be planted within the
road right-of-way. A separate shade tree easement of a ten-foot width
shall be provided adjacent to the street right-of-way, except that
at intersections, the shade tree easement shall be adjacent to the
sight easement.
[Amended 2-18-1980 by Ord. No. 5-80; 5-18-1981 by Ord. No. 14-81; 12-17-1984 by Ord. No.
31-84]
(14)
Trees shall be planted 30 feet to 50 feet apart,
as determined by the Shade Tree Committee.
[Amended 9-21-1981 by Ord. No. 28-81; 12-17-1984 by Ord. No. 31-84]
(15)
The Shade Tree Committee shall provide the owner
or developer with a list of approved trees for planting. Said list
shall be selected by the Shade Tree Committee from the Trees for New
Jersey Streets, published by the New Jersey Federation of Shade Tree
Commissions. No evergreens are to be planted where they will shade
the road and cause icing conditions.
[Amended 3-17-1980 by Ord. No. 12-80; 9-21-1981 by Ord. No. 28-81; 12-17-1984 by Ord. No.
31-84; 10-15-2001 by Ord. No. 31-01]
(16)
For installation of shade trees at street intersections,
the applicant shall comply with the Land Development Standards of
the County of Morris, New Jersey, as amended and supplemented.
(17)
No shade trees will be required where the existing
wood line is next to or encroaches into the shade tree easement.
[Added 10-15-1979 by Ord. No. 69-79; amended 12-17-1984 by Ord. No. 31-84; 10-15-2001 by Ord. No. 31-01]
I.
Lot suitability improvements. Lot substandard suitability improvements conforming to the requirements of § 175-46, including but not limited to site improvements implementing grading and drainage plans conforming to § 175-27R, as revised, such as grading, foundation, roof, yard and/or french drains, etc., sight easements and construction and design techniques.[3]
[Added 8-16-1982 by Ord. No. 19-82]
[3]
Editor's Note: Former Subsection j, Recreation
Facilities, added 6-17-1991 by Ord. No. 16-91, as amended 7-15-1991
by Ord. No. 22-91, which immediately followed this subsection, was
repealed 11-21-1994 by Ord. No. 23-94 and 8-21-1995 by Ord. No. 27-95.
J.
Geotechnical improvements. The geotechnical improvements required by §§ 175-30 and 175-52 to address site specific karst/solution features shall be installed prior to final approval or bonded. Inspection of these improvements shall be under the supervision of the Township Engineer in conjunction with the Township Geological Consultant and, if necessary, in the opinion of the Township Engineer, a Township Geotechnical Engineer as designated by the Township Engineer.
[Added 4-20-1998 by Ord. No. 4-1998]
A.
Performance guaranty and subdivision.
(1)
No final plat shall be approved by the Board until an agreement is entered into between the subdivider and the Township incorporating all of the terms and conditions of all approvals granted by the Planning Board. No final plat shall be approved by the Board until the subdivider shall have filed with the Township a performance guaranty in an amount not to exceed 120% of the cost of installation of all required improvements which have not been installed or completed prior to final approval as estimated by the Township Engineer, completion of all such required improvements has been certified, in writing, to the Board by the Township Engineer, assuring the installation of such improvements on or before an agreed date in accordance with the time set forth in Subsection C and certification from the subdivider's bonding company that it will issue the required maintenance bond at the time of completion of the improvements.
[Amended 12-18-1978 by Ord. No. 34-78; 11-18-1991 by Ord. No. 36-91]
(2)
Snow removal.
[Amended 12-18-1978 by Ord. No. 34-78; 4-21-1980 by Ord. No. 17-80; 9-17-1984 by Ord. No. 24-84]
(a)
Each developer shall be responsible for snow removal in major subdivisions until such time as roadway improvements are accepted by the Township pursuant to § 175-37, Acceptance of improvements. If the improvements to a street right-of-way are accepted by the Township for purposes of release of a performance guaranty any time from November 1 through March 31, the Township shall not be deemed to have accepted said right-of-way for the purposes of maintenance, snow removal and other street-related services. However, if a developer provides notice, in writing, to the Department of Public Works prior to November 1 that application for acceptance of improvements shall be made to the Township and that actual acceptance by the Township may occur sometime between November 1 and March 31, then general principles of law shall determine whether the Township has accepted the dedication.
(b)
Each developer shall be required to post a separate
cash performance guaranty for snow removal in the amount of $100 per
100 linear feet of road or $1,500, whichever is greater. In the event
of failure of the developer to satisfactorily provide snow removal
within eight hours of the start of snowfall, the Township shall have
the option to take the necessary actions and charge the cost of said
snow removal against the cash performance guaranty. The cost of snow
removal is hereby defined to include the personnel, equipment and/or
material for plowing of roads and/or spreading of salt/sand. Any depletion
of the cash bond caused by the reimbursing of the Township for snow
removal under the circumstances described above shall be restored
by the developer within 30 days. Upon acceptance of the subdivision
improvements by the Township, the remaining cash performance guaranty
balance shall be returned to the developer.
[Amended 8-21-1995 by Ord. No. 24-95]
(c)
Any person who fails to satisfactorily provide snow removal in accordance with the requirements of Subsection A(2)(a) and (b) above shall be subject, upon conviction, to the penalties provided in § 1-3 of this Code. Each day a particular violation continues shall constitute a separate offense. The above-stated penalties shall be in addition to the restoration of the snow removal guaranty as required in Subsection A(2)(b) above.
[Added 5-19-1997 by Ord. No. 16-97; amended 4-16-2007 by Ord. No. 9-07]
(3)
Soil erosion and sedimentation control.
[Amended 7-20-1992 by Ord. No. 12-92]
(a)
Prior to the start of any major subdivision
construction, including but not limited to clearing or grading, a
separate cash performance guaranty for soil erosion and sedimentation
control shall be posted in the amount of $200 per lot. In the event
of noncompliance with the provisions of this chapter and/or the approved
soil erosion and sedimentation control plan, the Township will issue
a written notice to the developer. After 72 hours have elapsed from
the receipt of said notice, the Township shall have the option to
take corrective actions and charge the cost of corrective actions
against the cash performance guaranty.
(b)
In the event that the charges exceed the amount
of the cash performance guaranty, the deficit shall be paid by the
developer within 60 days. Upon acceptance of the subdivision improvements
by the Township, the remaining cash performance guaranty balance shall
be returned to the developer.
B.
Type of guaranty. At least 10% of the performance
guaranty shall be in the form of cash to be deposited with the Township.
Such cash shall be deposited to the credit of the Township of Washington
and may be usable at any point by the Township for the nonperformance
of the subdivider. The remaining portion of the performance guaranty
shall be issued by a bonding or surety company authorized to do business
in the State of New Jersey, as approved by the Township Attorney.
[Amended 11-17-1980 by Ord. No. 62-80]
C.
Time of guaranty. Performance guaranties shall run
for a term not to exceed 24 months. Performance guaranties with the
consent of the principal and surety, if there is a surety, may be
extended by the governing body by resolution for an additional period
not to exceed 18 months. 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 as determined as of the time of the passage of the
resolution.
[Amended 2-19-1990 by Ord. No. 6-90]
D.
Township completion. If the required improvements have not been installed in accordance with the required standards and specifications of the Township within the time limit or extension thereof as described in Subsection C above and the requirements of the performance guaranties, the obligor and surety shall be liable thereon to the Township for all reasonable costs of the improvements not installed, and upon receipt of the proceeds thereof, the Township shall install such improvements and/or the Township may use such portions of said performance guaranties as have been deposited in cash with the Clerk to assure the completion of said improvements in accordance with the terms of this chapter and any applicable agreement.
E.
Items required prior to acceptance of performance
bond by the governing body. The following items shall be submitted
to the governing body before acceptance of any performance bond:
(1)
Letter from Township Engineer. Letter from the Township
Engineer stating that the proposed bond covers all the items required
by the Planning Board.
(2)
List of items. A list of the items to be covered and
the total cost thereof.
(3)
Township Attorney's approval. Approval by the Township
Attorney of the performance guaranty as to form and amount including
amount in cash.
(4)
Conformance with Township ordinances. A letter from
the Township Engineer stating that all plans and specifications meet
all applicable Township ordinances.
F.
Notification of completion or substantial completion.
Upon substantial completion of all required appurtenant utility improvements
and the connection of the same to the public system, the obligor may
notify the governing body, in writing, by certified mail, addressed
in care of the Municipal Clerk, of the completion or the substantial
completion of improvements and shall send a copy thereof to the Municipal
Engineer. Thereupon the Municipal 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.
[Added 2-19-1990 by Ord. No. 6-90]
G.
Approval, partial approval or rejection of improvements
by the Township Committee. The Township Committee shall either approve,
partially approve or reject the improvements, on the basis of the
report of the Municipal Engineer, and shall notify the obligor, in
writing, by certified mail, of the contents of said report and the
action of the Township Committee 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 provision
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.
[Added 2-19-1990 by Ord. No. 6-90]
H.
Completion of rejected improvements. 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 chapter,
shall be followed.
[Added 2-19-1990 by Ord. No. 6-90]
I.
Rights of obligor. 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 Municipal
Engineer.
[Added 2-19-1990 by Ord. No. 6-90]
J.
Inspection fees. The obligor shall reimburse the Township
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 all or a portion of the
reasonably anticipated fees to be paid to the Municipal Engineer for
such inspection.
K.
Provisions to be applied by stage or section. In the
event that final approval is by stages or sections of development
pursuant to N.J.S.A. 40:55D-38a, the provisions of this chapter shall
be applied by stage or section.
[Added 2-19-1990 by Ord. No. 6-90]
L.
Items required by the governing body before releasing
the performance bond or any part thereof. The procedures established
in this chapter and in the Municipal Land Use Law, N.J.S.A. 40:55D-1
et seq., shall govern the release or reduction of performance bonds.
Before releasing any guaranties or portions thereof, the following
items shall be submitted to the governing body:
(1)
Recommendation. A recommendation by the Township Engineer
that the bonds be reduced or released.
(2)
As-built plans. An as-built plan and profiles of all
utilities and roads with a certification as to the actual construction,
the same to be approved by the Township Engineer and, where applicable,
by the Municipal Utilities Authority Engineer. One copy of each shall
be sent to the Clerk and a Mylar or similar copy to the Township Engineer.
When a septic tank installation is involved, an additional copy shall
be sent to the Washington Township Board of Health.
(3)
Liens. An affidavit from the developer that there
are no liens or other legal encumbrances on any of the improvements
or utilities proposed to be deeded to the Township.
(4)
Approval of installation. A written statement from
the Township Engineer that all utilities and improvements required
by the Planning Board have been installed and completed in accordance
with applicable Township ordinances and builders agreement with the
Township.
(6)
Deeds. Deeds, free and clear of all encumbrances,
for all streets, public easements, drainage and conservation easements,
other lands dedicated to public use and any improvements to be dedicated
or deeded to the Township or other public agency.
(7)
Letter from Clerk. After the release of the bond,
or any part thereof, a statement to that effect shall be sent to the
Planning Board by the Township Clerk.
All improvements required by the Planning Board
shall, before being accepted by the Township, be covered by a maintenance
bond running in favor of the Township of Washington in the amount
of 15% of the estimated cost of the improvements as estimated by the
Township Engineer. Said maintenance bond shall run for a period of
two years and provide for the proper repair and/or replacement of
any such improvements during said period. The two-year period shall
be from the date of the acceptance of the improvements by the Township,
and no performance guaranty shall be released by the Township until
such time as the maintenance bond herein required has been posted
with the Township.
[Amended 12-18-1978 by Ord. No. 34-78]
A.
The governing body shall not accept any road or other improvement into the municipal road system or for municipal ownership until the maintenance bond has been posted and all deficiencies are corrected or repaired. Each developer shall be responsible for snow removal in major subdivisions until the roads are accepted by the Township in accordance with § 175-35A(2).
B.
The Township Committee need not accept any roads or
other improvements if the roads or other improvements will be used
by the developer to complete other portions of the subdivision.
Fees for engineering inspections during and after construction and during the maintenance period shall be in accordance with § 175-11 herein as computed by the Township Engineer. In the event that construction proceeds at a very slow rate and the work is not pursued in a diligent manner resulting in an increase in the number of engineering inspections, or in the event of faulty installations, inferior materials or workmanship causing an increase in the number of engineering inspections, any additional fees charged to the Township by the Township Engineer and any additional inspection costs shall be paid by the subdivider.
[Amended 10-20-1980 by Ord. No. 41-80]
A.
For developments where preliminary approval is granted prior to the effective date of this amendment. Any subdivision requiring off-tract improvements, as defined herein, shall comply with the provisions of this chapter. Performance and maintenance guaranties shall be provided in accordance with §§ 175-35 and 175-36. The following criteria shall be utilized in determining the proportionate share of such improvement to the owner or subdivider:
(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 system or subsystem
and the estimated 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)
Stormwater and drainage improvements, including the
installation, relocation or replacement of storm sewers, culverts,
bridges and catch basins 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 peak surface
runoff, based on a fifteen-year storm frequency, as proposed to be
delivered into the existing system measured in cubic feet per second
to the sum of the deficient existing peak flow in cubic feet per second
for the existing system and the estimated peak flow as proposed to
be delivered. The ratio thus calculated shall be increased by 10%
for contingencies.
B.
For development applications where preliminary approval
is granted after the effective date of this section.
(1)
As a condition of preliminary approval, the developer
may be required by the approving agency to pay its pro rata share
of the cost of providing only reasonable and necessary street improvement,
recreational facilities, water, sewage, drainage and other utility
facilities, and easements therefor, located outside the property limits
of the development but necessitated or required by the proposed development.
Any such improvement shall be based upon the circulation and comprehensive
utility service elements of the Master Plan. The developer shall either
construct the off-tract improvement or contribute its pro rata share
of the cost at the option of the approving authority, subject to the
approval of the governing body. If the developer constructs the improvement,
it shall be compensated by the Township of Washington for all but
the developer's pro rata share of the cost of the improvement.
(2)
Standards for determining the developer's pro rata
share of the cost of an off-tract improvement.
(a)
If only the tract to be developed is benefited
by the off-tract improvement, the entire cost of the improvement will
be paid by the developer.
(b)
If both the tract to be developed and other
lots are benefited, the developer shall pay any difference between
the total cost of the off-tract improvement and the total amount by
which all lots serviced thereby, including the developed tract, have
been specially benefited, unless the governing body, on recommendation
or referral by the approving authority, determines that the improvement
shall be constructed as a local improvement, in which case the developer
shall pay, in addition, the value of the special benefit to be conferred
upon the developed property, and each other benefited property owner
shall pay the value of the benefit conferred upon its respective lot.
(c)
If any off-tract improvement is not to be constructed,
the developer's pro rata share shall be zero.
(3)
Determination of the amount by which each lot served
is benefited.
(a)
Upon request of the approving authority, the
Tax Assessor of the Township of Washington shall determine which lots
are benefited by the proposed off-tract improvement and the amount
by which each such lot is specially benefited.
(b)
The amount by which each tract is specially
benefited shall be determined in a manner consistent with N.J.S.A.
40:56-27 and the manuals, rules and regulations prescribed by the
State of New Jersey for assessment and valuation of property and other
recognized authority deemed necessary by the Tax Assessor.
(c)
If the Tax Assessor is unable to make the determination
required, the approving authority shall select a qualified valuation
company approved by the Tax Assessor to make the determination in
the manner prescribed.
(d)
Any cost of making the determination shall be
paid solely by the developer from the developer's deposit.
(e)
The determination of the Tax Assessor or valuation
company shall be confirmed, modified or rejected by the approving
authority after a hearing on notice to the developer. The hearing
shall be conducted in accordance with the approving authority's rules
of procedure.
(4)
Deposit.
(a)
Upon determination by the approving authority that an off-tract improvement is necessitated or required, the developer shall submit an additional deposit in the sum of 120% of the estimated cost of obtaining, making and reviewing the determination in Subsection B(3) above. All deposits shall be handled in the same manner as set forth in § 175-11B(2).
(b)
Failure of the developer to submit the deposit
within 15 days of request by the approving authority shall render
the application incomplete.
(c)
Only the formula for calculating the developer's
pro rata share of the estimated cost of the off-tract improvement
shall be determined in conjunction with preliminary subdivision approval.
The estimated cost may be modified prior to installation or in conjunction
with final subdivision approval. The actual amount shall be determined
after completion, and a refund will be made or an additional payment
required, depending on the actual cost of the improvement.
(d)
If the improvement is to be constructed by the
developer, the approving authority shall require the developer either
to pay 120% of the estimated cost of the improvement or to deliver
a performance guaranty in that amount, either prior to installation
or as a condition of final approval, whichever is earlier. If the
municipality is to construct the improvement, the approving authority
shall require the developer either to pay 120% of the developer's
pro rata share of the estimated cost of the improvement or to deliver
a performance guaranty in that amount as a condition of final approval.
The funds shall be used solely for the construction of the off-tract
improvement.
C.
DRAINAGE
STREET IMPROVEMENTS
Definitions. Unless the context otherwise indicates,
for the purpose of this chapter, certain words and phrases used are
defined for the purpose hereof as follows:
Includes without limitation, drainage necessary for street
or other improvements, including construction or improvement of ditches,
streams, rivers and other channels generally.
Includes, without limitation, all grading, pavement, curbing,
sidewalks, guardrails, shade trees, surveyor's monuments, traffic
control devices, right-of-way acquisitions and professional and administrative
costs relating thereto and all other expenses and appurtenances associated
therewith. Unless the approving authority specifies to the contrary,
street improvements shall be to full Master Plan standards.
In the event that other governmental agencies
or public utilities automatically will 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,
as the case may be, shall be required by the Township for such utilities
or improvements.