[Amended by Ord. No. 03-93]
A.
Certificates of occupancy. It is the intention of
the Township Committee that residents living in each new section of
a development be provided with a lot and/or dwelling unit which has
adequate improvements to provide for the health, safety and welfare
of the residents and to allow the Township to adequately provide for
such services. It is further the intention to provide for a tract
area that is as complete as possible with respect to tract and individual
lot and/or dwelling unit improvements. In order to accomplish this
objective, no certificate of occupancy shall be issued, notwithstanding
final approval has been granted, unless all improvements required
for the subdivision by the subdivision improvement standards have
been completed and their completion thereafter is certified to the
Township Committee by the Township Engineer, except for sidewalks,
the surface course of any street and street or shade trees.
B.
Restoration guarantees. No land disturbance construction
permits shall be issued for subdivisions until the appropriate restoration
guarantee has been furnished by the developer to insure the restoration
of the subdivision site to a safe and stable condition. Said guarantee
shall be in favor of the Township in an amount equal to 120% of the
cost to restore the subdivision site. A restoration guarantee shall
run until such time as the subdivision site is in a safe and stable
condition as certified by the Township Engineer.
C.
Performance guarantees; subdivisions. No final approval
shall be given for subdivisions until completion of all required improvements
has been certified to the Township Committee and to the approving
authority by the Township Engineer; provided, however, the developer
may furnish a performance guarantee in favor of the Township in an
amount equal to 120% of the cost of the improvements required for
subdivision in accordance with the provisions of N.J.S.A. 40:55D-53.
Such estimate shall be based on documented construction costs for
public improvements prevailing in the general area of the municipality
and shall be equal to the amount that the municipality might reasonably
be expected to spend to accomplish complete installation of the required
improvements and the term of the performance guarantee shall be determined
by the Township Committee. The Township Committee may also extend
the period allotted for completion of all required improvements by
resolution.
[Amended by Ord. No. 07-94]
D.
Developer agreement.
(1)
If the developer does not install all improvements required as a condition of final subdivision approval and elects to post a performance guarantee in accordance with Subsection C above, then in that event before the final map is filed in the Office of the Clerk of the County of Warren it shall have imprinted thereon the following:
(a)
All improvements required as a condition for
final subdivision approval have not been completed as of the date
of the filing of this map and a performance guarantee has been posted
by the developer of the property shown on this map in accordance with
the provisions of N.J.S.A. 40:55D-53. Therefore, all purchasers of
property shown hereon are notified that the issuance of a building
permit and a certificate of occupancy for any house and or structure
to be constructed on any lot shown hereon is limited and subject to
the terms and conditions of a builder's agreement on file with the
Office of the Clerk of the Township of Mansfield. This notice shall
remain effective until such time as the conditions of the builder's
agreement are satisfied and notice prepared by the Mansfield Township
Committee is filed by the developer in the Warren County Clerk's office
as to such conditions having been met.
(2)
Builder's agreement.
(a)
If a performance guarantee is posted in accordance
with N.J.S.A. 40:55D-53, before the final map is filed in the office
of the Clerk of the County of Warren, the developer shall enter into
a builder's agreement with the Township of Mansfield, which shall
address the following matters:
[1]
Time period for installation of improvements.
[2]
Phasing schedule.
[3]
Maintenance of improvements prior to acceptance.
[4]
Insurance coverage.
[5]
Conditions precedent to the issuance and the
number of building permits and certificates of occupancy.
[6]
Remedies upon default.
[7]
Liens for municipal costs.
[8]
Other matters deemed relevant by the Township
Committee to protect the public health, safety and general welfare
of the residents of the Township of Mansfield.
(b)
The purpose of the developer's agreement shall
always be to promote the public health, safety and general welfare
of the residents of the Township of Mansfield and to secure their
safety from fire, flood, panic and other natural and man-made disasters
to the end that each dwelling unit and tract area is as complete as
possible before residents are residing or using the facilities located
therein.
E.
Maintenance guarantees. Prior to the acceptance of
any improvements to be dedicated to the Township or release of any
performance guarantee thereto, the developer shall furnish a maintenance
guarantee. The amount of the maintenance guarantee, in favor of the
Township, shall be based on 15% of the cost of installing or constructing
those improvements dedicated to the Township as determined by the
Township Engineer. The maintenance guarantee shall run for a period
of two years from acceptance.
F.
A restoration, performance, or maintenance guarantee
estimate of construction quantities shall be prepared by the developer's
engineer and submitted to the Township Engineer for review and preparation
of the cost estimate to establish the amount of the guarantee. The
Township Committee shall pass a resolution either approving or adjusting
the amount of the restoration, performance or maintenance guarantee.
[Amended by Ord. No. 03-93]
A.
Restoration guarantees. No land disturbance construction
permits shall be issued for any site until the appropriate restoration
guarantee has been furnished by the developer to insure the restoration
of the site to a safe and stable condition. Said guarantee shall be
in favor of the Township in an amount equal to 120% of the cost to
restore the site as estimated by the Township Engineer. A restoration
guarantee shall run until such time as the site is in a safe and stable
condition as certified by the Township Engineer.
B.
Performance guarantees.
(1)
Improvements dedicated to a government agency. No
land disturbance construction permits shall be issued for any site
until a performance guarantee has been furnished by the developer
in favor of the Township in an amount equal to 120% of the cost of
all improvements which are dedicated to a governmental agency, provided
that if the agency waives the requirement of a performance bond or
accepts a bond for improvements to be dedicated to the agency, then
the developer need not provide for those facilities in the bond to
the Township. The amount of the bond shall be based on the estimated
cost of the improvements as determined by the Township Engineer.
(2)
Site improvements. No certificates of occupancy, temporary
or permanent, shall be given for a site plan developments until completion
of all required improvements has bee certified to the Township Committee
by the Township Engineer. At the option of the Township Committee,
on request of the developer, the Township Committee may waive the
completion of the surface course and landscaping required to be constructed
or improved in connection with the site plan, provided all other required
improvements have been certified complete in accordance with the Township
standards and the developer has furnished a performance guarantee
in favor of the Township in an amount equal to 120% of the cost of
installation of such surface course and landscaping as estimated by
the engineer.
C.
Maintenance guarantees. Prior to the acceptance of
any improvements to be dedicated to the Township or release of any
performance guarantee thereto, the developer shall furnish a maintenance
guarantee, in favor of the Township, shall be based on 15% of the
cost of installing or constructing those improvements to be dedicated
to the Township as determined by the Township Engineer. The maintenance
guarantee shall run for a period of two years from acceptance.
D.
A restoration, performance, or maintenance guarantee
estimate of construction quantities shall be prepared by the developer's
engineer and submitted to the Township Engineer for review and preparation
of the cost estimate to establish the amount of restoration, performance
or maintenance guarantee.
[Amended by Ord. No. 03-93]
A.
The subdivider shall present to the Township Attorney
not later than 10 days prior to the Board's meeting. Any proposed
restoration guarantee for his approval as to form and execution.
B.
The Township Attorney shall notify the secretary of
the Board prior to the meeting whether the restoration guarantee,
performance guarantee or maintenance guarantee is properly executed
and can be added to the agenda.
[Amended by Ord. No. 03-93]
A.
Any guarantee required herein shall be made payable
and deposited to the Mansfield Township and shall be in the form of
cash or a certified check or a performance bond, maintenance bond
or restoration bond, in which the owner shall be principal, the bond
to be provided by an acceptable surety company licensed to do business
in the State of New Jersey. Except in the case of a performance bond,
maintenance bond or restoration bond, the Township shall issue its
receipt for such deposits and shall cause the same to be deposited
in a bank named by the Township in the name of the Township to be
retained as security for completion of all requirements, and to be
returned to the owner on completion of all required work, or, in the
event of default on the part of the owner, to be used by the Township
to pay the cost and expense of obtaining completion of all requirements.
B.
In the event a performance bond is posted, 10% of
the amount of the approved guarantee shall be deposited by the owner
in cash with the Township. The remaining 90% may be in the form of
a surety bond. In the event of default, the ten-percent fund herein
mentioned shall be first applied to the completion of the requirements
and the surety bond shall thereafter be resorted to, if necessary,
for the completion of the requirements. The surety bond shall recite
the foregoing provisions.
A.
All improvements and utilities shall be inspected
by the Township Engineer's office to ensure satisfactory completion.
B.
In no case shall any construction be done without
permission from the Township Engineer's office. At least three working
days' notice shall be given to the Township Engineer's office prior
to any such construction, so that a representative of the Township
may be present at the time the work is to be done.
C.
Prior to the commencement of construction and in February
of each succeeding year, the subdivider shall submit a schedule of
his operations for the succeeding year to the Township Engineer.
D.
A final inspection of all improvements and utilities
shall be made to determine whether the work is satisfactory and in
substantial agreement with the approved drawings and the Township
specifications. The general condition of the site shall also be considered.
Upon substantial completion of all required improvements, the subdivider
or developer shall notify the Township Committee, in writing, by certified
mail addressed in care of the Township Clerk. A copy of such notice
shall also be sent to the Township Engineer, so that he or a qualified
representative may inspect the work.
E.
Prior to notifying the Township Committee of the completion
of any improvements covered by the performance guarantee, the subdivider
or developer shall prepare and submit to the Township Engineer a set
of the approved public improvements and public sewer and water plans
and profiles amended to read "as constructed."
F.
Subsequent to the final inspection, the Township Engineer
shall prepare and file with the Township Committee a detailed written
report indicating either his approval, partial approval or rejection
of the improvements inspected with stated reasons for any rejection.
The cost of the improvements as approved or rejected shall be set
forth and certified.
G.
In the event that final approval of a development
has been granted in stages or sections, and hence, the construction
of the required improvements is to be undertaken in stages or sections,
bonding and inspection of improvements shall also be in stages or
sections.
H.
Inspection by the Township of the installation of
improvements and utilities shall not operate to subject the Township
to liability for claims, suits or liability of any kind that may at
any time arise because of defects or negligence during construction
or at any time thereafter. The responsibility for maintaining safe
conditions at all times during construction and to provide proper
utilities and improvements shall be upon the owner and his contractors,
if any.
The approval of any application for development
by the Township shall in no way be construed as acceptance of any
street or drainage system, or any other improvements, nor shall such
approval obligate the Township in any way to maintain or exercise
jurisdiction over such street or drainage system or other improvements.
No improvement shall be accepted by the Township Committee unless
and until all of the following conditions have been met:
A.
The Township Engineer shall have certified in writing
that the improvements are complete and that they comply with the requirements
of the land use chapters;
B.
The final application for development shall have been
approved by the Board; and
C.
The owner shall have filed with the Township Committee
a maintenance guarantee in an amount equal to not more than 15% of
the original estimate of the cost of installing the improvements.
The maintenance guarantee shall run for a period of two years. The
procedures and requirements governing such maintenance guarantee shall
be identical with the procedures and requirements for a performance
guarantee set forth in this chapter. The requirements for a maintenance
guarantee may be waived by the Township Committee only if the Township
Engineer has certified that the improvements have been in continuous
use for not less than two years from the date the Township Engineer
certified completion of such improvements and that during this period,
the owner has maintained the improvements in a satisfactory manner.
A.
The Township Committee, by resolution, shall approve,
partially approve or reject the improvements inspected on the basis
of the final inspection report by the Township Engineer and release,
partially release or declare in default the performance guarantee
or portion thereof covering such improvements. The Township Committee
shall notify the subdivider or developer of such action in writing,
by certified mail, within 65 days of the notice of completion or substantial
completion of improvements. Failure to send or provide such notification
to the subdivider or developer within the sixty-five-day time periods
shall constitute approval of the improvements in question.
B.
The Township Committee shall take action on each performance
guarantee. A performance guarantee shall remain in full effect until
released, partially released or declared in default by resolution
of the Township Committee.
C.
The time allowed for installation of the improvements
for which the performance guarantee has been provided may be extended
by the Township Committee by resolution, provided, that no such extension
shall be approved unless extenuating circumstances have prevented
the developer from completing the improvements within the time allowed.
As a condition or part of any such extension, the amount of the original
performance guarantee shall be increased or reduced, as the case may
be, to 120% of the estimated cost of installation as certified by
the Township Engineer at the time of the passage of the resolution
extending the time.
D.
Where partial approval of improvements is granted
by the Township Committee, all but 120% of the cost of the outstanding
improvements or 30% of the amount of the original performance guarantee,
whichever is greater, shall be released.
E.
If any improvements have not been installed in accordance
with the performance guarantee, the subdivider or developer and surety
shall be liable thereon to the Township for the reasonable cost over
and above the ten-percent cash deposit on the improvements not installed
and, upon receipt of the proceeds thereof, the Township shall install
such improvements. The Township shall also have all other remedies
as may be lawfully available.
