[Amended 1-17-2012 by Ord. No. 12-01; 4-16-2018 by Ord. No. 18-09]
Prior to the granting of final approval of subdivisions, the developer shall have installed all improvements specified in § 195-64 or shall have furnished performance guarantees as specified in § 195-65 for the ultimate installation of those improvements. Improvements for residential uses shall conform to the Residential Site Improvements Standards (RSIS), N.J.A.C. 5:21-1.1 et seq. These standards shall be considered the minimum for all nonresidential uses, with modifications or additions as required by the Township Engineer and Board having jurisdiction over the applications or as modified elsewhere in this Part 2.
A.
Streets. All streets shall be paved from curbline to curbline.
B.
Street signs. Appropriate street signs shall be installed at all
street intersections and shall be of a type specified by the Division
of Engineering. Street signs shall be installed prior to the issuance
of certificates of occupancy, and the cost of signs and installation
of same shall be borne by the subdivider.
C.
Clear view at intersections.
(1)
No fence, structure, planting or shrubbery over 30 inches in height
above the level of the pavement at the center of the street, opposite
the point in question, shall be erected, planted or maintained on
any corner lot, in any zone, within 25 feet of the intersection formed
by the projection of the two street sidelines at the corner.[1]
(2)
No fence, structure, planting or shrubbery shall be permitted within
three feet of any street sideline, on any lot, in any zone. The branches
of all trees and shrubs projecting beyond such street sideline must
be trimmed at all times in order to insure unobstructed vision and
clearance eight feet above the ground or sidewalk level.
D.
Topsoil protection. No topsoil shall be removed from the site or
used as spoil unless permission is first obtained from the Township
Engineer and the Planning Board. Topsoil moved during the course of
construction shall be redistributed so as to provide at least four
inches of cover to all areas of the subdivision and shall be stabilized
by seeding or planting.
E.
Monuments. Monuments shall be of the size and shape required by N.J.S.A.
46:23-11(r) and shall be placed in accordance with such statute.
F.
Catch basins. Catch basins shall be constructed as directed and located
by the Township Engineer.
G.
Soil or earth moving. No change shall be made in the elevation or
contour of any lot or site, except as approved by the Township Engineer
and the Planning Board. All changes in elevation and contours approved
by the Township Engineer and the Planning Board shall be shown on
the preliminary and final plat and profiles.
H.
Fire hydrants. Fire hydrants shall be installed in locations approved
by the Fire Department.
I.
Construction stakes and grades. All construction stakes and grades
thereon shall be set by a licensed professional engineer or land surveyor
in the employ of the subdivider, or his/her contractor, and a duplicate
copy of the notes made therefrom shall be filed with the Township
Engineer.
J.
Commencement of construction work. No construction work shall commence
without the Township Engineer being properly notified. Such notice
shall be given at least one week before the commencement of work.
K.
Debris. All stumps, litter, rubbish, brush, weeds, dead and dying
trees, roots and debris shall be removed from the site to the satisfaction
of the Township Engineer. None of the above shall be buried or covered.
L.
Construction standards and specifications. The construction standards
and specifications of the Township, as now or hereafter adopted, shall
govern the construction and installation of all of the above improvements.
Failure of the subdivider or his/her contractor or agent to conform
to such specifications shall be just cause for the suspension of the
work being performed and all permits being revoked, and no person
shall have the right to demand or claim damages from the Township,
its officers, agents or servants by reason of such suspension or revocation.
M.
Inspection. No underground installation shall be covered until inspection
has been made and is approved by the Division of Engineering.
N.
As-built improvement plans. The subdivider shall provide and file
with the Township Engineer one complete set of as-built improvement
plans and profiles showing actual construction as approved prior to
the release of the performance guarantees.
[Amended 4-16-2018 by Ord. No. 18-09]
A.
All improvements, except electric, gas and waterlines, shall be installed under the supervision and inspection of the Division of Engineering. The inspection costs are to be borne by the developer, and the developer shall reimburse the Township for reasonable inspection fees paid to the Township Engineer for the foregoing inspection of improvements, which fees shall not exceed the sum of the amounts set forth in Subsection A(1) and (2) of this section. The Township may require the developer to post the inspection fees in escrow in an amount:
(1)
Not to exceed, except for extraordinary circumstances, the greater
of $500 or 5% of the cost of bonded improvements of only those improvements
required by an approval or a developer's agreement, an ordinance,
or a regulation for improvements to be dedicated to a public entity,
and that have not yet been installed, which cost shall be determined
by the Township Engineer; and
(2)
Not to exceed 5% of the cost of private site improvements that are
not subject to a performance guarantee for required dedicated improvements,
which cost shall be determined by the Township Engineer pursuant to
Section 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-153.4).
B.
Fees paid in installments.
(1)
For those developments for which the inspection fees total less than
$10,000, fees may, at the option of the developer, be paid in two
installments. The initial amount deposited in escrow by a developer
shall be 50% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Township Engineer
for inspections, the developer shall deposit the remaining 50% of
the inspection fees.
(2)
For those developments for which the inspection fees total $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited in escrow by a developer
shall be 25% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the Township Engineer
for inspection, the developer shall make additional deposits of 25%
of the inspection fees.
C.
If the Township determines that the amount in escrow for the payment of inspection fees, as calculated herein, is insufficient to cover the cost of additional required inspections, the Township may require the developer to deposit additional funds in escrow provided that the Township delivers to the developer a written inspection escrow deposit request, signed by the Township Engineer, which informs the developer of the need for additional inspections, details the items or undertakings that require inspection, estimates the time required for those inspections, and estimates the cost of performing those inspections. (See §§ 195-27 and 195-28).
A.
No final plat shall be approved by the Planning Board for filing until the completion of all required improvements specified in § 195-64B have been certified to the Planning Board by the Township Engineer. In addition, no final plat shall be approved by the Planning Board unless the subdivider or owner shall have filed with the Township Clerk a performance guarantee sufficient in amount to cover the cost of all required improvements or uncompleted portions thereof, specified in § 195-65 as estimated by the Township Engineer, and assuring the installation of such uncompleted improvements on or before an agreed date, not to exceed three years from the date of execution of the performance guarantees. Such performance guarantee may be in the form of an irrevocable performance bond, which shall be issued by a bonding or surety company and approved by the Township Council and by the Township Attorney as to form, sufficiency and execution; or a certified check in the sum specified by the Township Engineer, which check shall be deposited to the trust account for the Township or a bank account with the bank book in Township custody. Such money or other surety shall be returned to the depositor after full compliance. The Township may require up to 10% of the performance guarantee to be deposited in cash.
[Amended 4-16-2018 by Ord. No. 18-09]
B.
The performance guarantee shall run for a period to be fixed by the
Planning Board, but in no case for a term of more than three years.
However, with the consent of the developer and the surety, if there
is one, the Township Council, by resolution, may extend the term of
such performance guarantee for an additional period, not to exceed
three years. The amount of a performance guarantee may be reduced
by the Council by resolution when portions of the required improvements
have been installed, accepted and secured by a maintenance guarantee.
[Amended 4-16-2018 by Ord. No. 18-09]
C.
If the required improvements have not been installed in accordance with the performance guarantee, the developer and surety shall be liable thereon to the Township for the reasonable cost of the improvements not installed or improperly installed and the expenses involved thereto. Upon receipt of the proceeds of the bond or guarantee, the Township shall install such improvements or shall correct any such defective installations. The Township may use such portions of the performance guarantees as have been deposited in cash with the Township Clerk in accordance with the terms of this Part 2 and any applicable agreement to assure the completion or correction of such improvements. (See § 195-65A.)
[Amended 4-16-2018 by Ord. No. 18-09]
D.
Upon completion and approval of a portion or section, the developer shall be required to file a maintenance bond as specified in § 195-65D sufficient in amount to guarantee that the completed section will be maintained by the developer until completion of improvements in the remaining portions or sections of the subdivision and for a stated period of time thereafter, not to exceed three years from date of completion of all improvements.
[Amended 4-16-2018 by Ord. No. 18-09]
E.
The Township Engineer shall determine the amount of the maintenance
bond, and it shall be approved by the Township Attorney as to form,
sufficiency and execution and approved by the Township Council.
Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-42,
construction of, or contributions for, off-tract water, sewer, drainage
and street improvements may be required in accordance with the following
criteria:
A.
Improvements at sole expense of applicant. In cases where reasonable
and necessary need for an off-tract improvement or improvements is
necessitated or required by the proposed development application,
and where no other property owners receive a special benefit thereby,
the Board may require the applicant, as a condition of subdivision
or site plan approval, at the applicant's sole expense, to provide
for and construct such improvements as if such were on-tract improvements,
in the manner provided hereafter and as otherwise provided by law.
B.
Contributions by developer.
(1)
In cases where the need for any off-tract improvement is necessitated
by the proposed development application, and where the Board determines,
in writing, that properties outside the development will also be benefited
by the improvements, the Board shall require such contribution from
the developer towards the cost of such improvement or improvements
as the Board determines is fair and equitable, considering the benefit
to the development and the creation in acceleration of the need by
the development. The resolution or determination of the Board shall
specify the off-tract improvements which are necessary and the terms
and conditions which shall be imposed upon the applicant to insure
the successful and reasonable implementation of same. In its deliberation
as to whether off-tract improvements are required, the Board shall
be guided by the rules and regulations specified in Part 3, Zoning,
this Part 2 and the Township Master Plan. The Board may also be guided
by counsel from the Board Attorney, Engineer and other qualified experts
and Township officials.
(2)
In the event that the Board determines that one or more improvements
constitute an off-tract improvement, the Board shall notify the Township
Council of same, specifying the Board's recommendation relative to
the estimated cost, the applicant's prorated share of the cost and
possible methods or means to implement same, including, but not limited
to, performance and maintenance guarantees, cash contributions, development
agreements and other forms of surety.
(3)
The Board shall not grant final approval of the subdivision until
all aspects of such conditions have been mutually agreed to by both
the applicant and the Township Council, and a written resolution to
that effect by the Council has been transmitted to the Board.
C.
Methods of implementation.
(1)
Performance and maintenance guarantees. Where a performance or maintenance
guarantee or other surety is required in connection with an off-tract
improvement, the applicant shall be required to follow the same procedures
and requirements as specified in this Part 2 for other improvements.
(2)
Development agreement. A development agreement governing off-tract
improvements or other conditions as may be required by this Part 2
or by the Board shall be approved as to form, sufficiency and execution
by the Board Attorney and Township Attorney. Such agreement shall
specify the amount of cash contributions, if any, the method of payment
of same, the relative timing of such payment and the obligation or
obligations to be undertaken by the Township.
(3)
Cash contributions; exceptions. Cash contributions for off-tract
improvements shall not be required under the following conditions:
(a)
Where another county or state agency has jurisdiction over the
subject improvement and requires a cash contribution, guarantee or
other surety of the applicant in lieu of such conditions imposed by
the Township;
(b)
Where a benefit assessment or other similar tax levy is imposed
upon the applicant for the off-site improvement provided; or
(c)
Where the applicant, where legally permissible, can undertake
the improvements in lieu of the Township, subject to standards and
other conditions as may be imposed by the Township.
(4)
Cash contributions; payment. Where a cash contribution is required
by this Part 2, such contribution shall be deposited with the Treasurer
of the Township, with a copy of the applicant's transmittal letter
forwarded to the Township Council, the Township Engineer and the Board.
Any and all monies received by the Treasurer shall be deposited in
an escrow account for the purpose of undertaking the improvements
specified. Where such improvements are not undertaken or initiated
for a period of 10 years, the funds may be retained by the Township
and may be used for general Township purposes, but in such event,
neither the applicant nor any of his/her heirs, successors, executors,
administrators or grantees shall be liable to the Township for any
assessment for the purpose of installing any of the improvements for
which such cash contribution was made.
D.
Formula for determining applicant's share of off-tract improvements.
Where an off-tract improvement is required, the following criteria
shall be utilized in determining the proportionate share of such improvement
to the applicant:
(1)
Streets and accessories: street widening, alignment, corrections,
channelization of intersections, construction of barriers, new or
improved traffic signalization, signs, curbs, sidewalks, trees, utility
improvements not covered elsewhere and the construction of new streets
and other similar street or traffic improvements. The applicant's
proportionate share shall be calculated by the Township Engineer in
accordance with N.J.S.A. 40:55D-42.
(2)
Water facilities: any Township expense for water distribution facilities,
including the installation of new water mains, the relocation of such
facilities and the installation of other appurtenances associated
therewith. The applicant'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)
Sewers: 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 applicant'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 for 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 applicant.
(4)
Drainage facilities: stormwater and drainage improvements, including
installation, relocation or replacement of transmission lines, culverts,
catch basins and the installation, relocation or replacement of other
appurtenances associated therewith. The applicant's proportionate
cost shall be in the ratio of the estimated peak surface runoff as
proposed to be delivered into the existing system measured in cubic
feet per second to the sum of the existing peak flow in cubic feet
per second deficient 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. The applicant's engineer shall
compute the drainage basin area, the area of the development and the
percent of the total drainage basin area occupied by the development.
Where no drainage system exists which will receive the flow of surface
water from the applicant's development, the applicant shall furnish
all drainage rights-of-way deemed to be necessary by the Board.
(5)
General considerations. In calculating the proportionate or pro rata
amount of the cost of any required off-tract facilities which shall
be borne by the applicant, the Board shall also determine the pro
rata amount of cost to be borne by other owners of lands which will
be benefited by the proposed improvements.
