Prior to the granting of final approval, the subdivider shall
have installed or shall have furnished performance guarantees for
the installation of the following:
A.
The improvements listed below, all to be installed in accordance with Article V of this chapter and any other applicable standards and specifications of the Township:
(1)
Streets;
(2)
Street name signs;
(3)
Curbs;
(4)
Shade trees;
(5)
Bulkhead on all lagoons;
(6)
Sanitary sewer and collection system;
(7)
Water supply and distribution system;
(8)
Storm drains and surface water;
(9)
Electric and telephone utilities and streetlights;
(10)
Fire hydrants and suction lines;
(11)
Lagoons;
(12)
Seeding;
(13)
Topsoil;
(14)
Paved driveways;
(15)
Sidewalks.
B.
Monuments shall be of the size and shape required by Chapter 141,
P.L. 1960, and shall be placed in accordance therewith.
[Amended 8-9-2018 by Ord.
No. 2018-9]
The subdivider or developer shall reimburse the Township for
reasonable inspection fees paid to the Township Engineer for inspection
of improvements. The Township shall require the developer to post
the inspection fees and escrow in the amount of:
A.
The greater of $500 or 5% of the cost of the bond improvements that
are subject to a performance guarantee, unless there are extraordinary
circumstances requiring a different amount.
B.
With respect to private site improvements, the escrow shall not exceed
5% of the cost of the private site improvements that are not subject
to the performance guarantee.
C.
The Township may require the developer to post additional funds,
provided that a specific written request is made and signed by the
Township Engineer. The request will inform the developer of the need
for additional inspections and detail the items or undertakings that
require inspections. It will provide an estimate of the time period
for the inspections and set forth an estimate of the cost of performing
the inspections.
[Amended by Ord. No. 1999-11; Ord. No. 1999-27; 8-9-2018 by Ord. No.
2018-9]
A.
Prior to the filing of a subdivision plat or recording of a minor
subdivision deed, or as a condition of final site plan approval or
a condition as to the issuance of a zoning permit pursuant to N.J.S.A.
40:55D-65(d), or as a condition to the issuance of a variance, pursuant
to N.J.S.A. 40:55D-70, the Township shall require and accept the following:
(1)
A performance guarantee in favor of the Township in an amount not
to exceed 120% of the cost of the installation of the improvements
required by the approval, developers agreement, ordinance or regulation
to be dedicated to any public entity, and which have not yet been
installed, which cost shall be determined by the Township Engineer,
in accordance with the calculation method set forth in N.J.S.A. 40:55D-53.4,
for the following improvements as shown on the approved plan or plat:
(a)
Streets, separate pavement.
(b)
Gutters.
(c)
Curbs or other street borders.
(d)
Sidewalk or other pedestrian accessways.
(e)
Street lighting.
(f)
Street trees.
(g)
Surveyor monuments (as shown on the final map and as required
by N.J.S.A. 46:23-9.9 or N.J.S.A. 46:26B-1, et seq.).
(h)
Water mains.
(i)
Sanitary sewers.
(j)
Community septic systems.
(k)
Drainage structures.
(l)
Public improvements of open space.
(m)
Any grading necessitated by the preceding improvements.
B.
Before final approval, the approving authority shall require that
the developer furnish performance and maintenance guarantees in order
to assure the ultimate installation and upkeep of privately owned,
perimeter buffer landscaping as required by ordinance or as a condition
of the approval. The developer has the option to provide a separate
bonding guarantee for these improvements. The developer has the option
to provide separate bonding for the privately owned perimeter buffer
landscaping.
C.
Prior to the release of the performance guarantee, the subdivider
shall file with the Township Engineer "as built" drawings to such
scales required by the Township Engineer, accurately showing the location,
profile, size and pertinence of all required improvements constructed
within the subdivision. Upon the approval of the improvements by the
Township Engineer stating "I hereby certify that I have inspected
all of the improvements required to be installed by __________ in
the subdivision known as __________ which are covered by a maintenance
guarantee issued by __________ (Bond No. _____) and I certify that
all improvements required and covered by said guarantee have been
installed in accordance with the specifications of the Township of
Ocean and to my satisfaction."
D.
The performance guarantee shall be released upon the posting of a
maintenance guarantee in the amount of 15% of the actual cost of the
required improvements, the maintenance guarantee to run for a period
of two years from the date of the Township Engineer's certificate.
The maintenance guarantee shall cover the removal of debris and the
maintenance and replacement of trees.
A.
Performance guarantees posted, as well as the balance of any inspection
fee escrows, shall be returnable to the subdivider or developer after
full compliance with this chapter as to the installation of improvements
and after all engineering inspections have been paid to the appropriate
Township or Board Engineer. All such returns shall be prepared by
way of resolution of the Township Committee.
No certificates of occupancy shall be issued for any dwelling
within the subdivision or approved section thereof, until the Township
Engineer certifies that all improvements required in front of and
leading to the dwelling have been installed to his/her satisfaction,
including the surface course on all streets within the subdivision
or approved section thereof. All utility main and service connections
shall be installed before the surface course is placed.
Upon final receipt of subdivision approval, the applicant shall
be required to post for the Planning Board secretary an amount equal
to the estimated cost of revising the Township Tax Map to reflect
such approval. Such cost shall be based upon an estimate to be prepared
by the Township Engineer. No construction permit shall be issued in
connection with such subdivision approval unless such cost shall have
been posted with the Planning Board secretary in accordance with this
section. The amount posted by the applicant shall be placed by the
Township Treasurer in an escrow account, and that portion of the estimated
cost which remains unused after the Tax Map has been revised shall
be refunded to the applicant.
[Amended by Ord. No. 2005-21]
All applications by developers for municipal acceptance of streets
shall be accompanied by a plan showing as-built surface elevations
prepared and certified to by a licensed professional engineer or land
surveyor. This plan shall indicate existing finished surface elevations
at all lot corners, house corners and all other locations necessary
to show that surface water will run off without causing flooding of
the land or buildings; also that positive surface drainage is provided
away from all buildings constructed within the development; also,
as-built plans showing all stormwater drainage facilities and other
underground utilities shall be provided. The submission of as-built
drawings is required for all developments where storm drainage improvements
are proposed. The as-built plans are to be included as a line item
in the performance bond estimate, and the performance guarantee shall
not be released until the as-built drawings have been reviewed and
approved.
