Township of Clark, NJ
Union County
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Table of Contents
Table of Contents
[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]
[1]
Editor's Note: See also § 255-1 of this Code.
(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.