No final plat or site plan shall be approved by the approval
authority until completion of all required improvements, as shown
on the approved preliminary plat or site plan or as set forth in the
resolution granting preliminary approval, shall have been so certified
to the Planning Board by the Township Engineer, unless the developer
shall have filed with the Township a performance guaranty sufficient
in amount to cover the costs of all such improvements or the uncompleted
portions thereof as estimated by the Municipal Engineer, guaranteeing
the installation of such uncompleted improvements on or before a date
to be specified by the Planning Board.
A.
The performance guaranty required by § 405-65 of this chapter shall be in one of the following forms:
(1)
Corporate surety bond furnished by a bonding or surety company authorized
to do business in the State of New Jersey.
(2)
Certified or cashier's check made payable to the Township of Upper
Deerfield.
(3)
Certificate of deposit in a recognized banking institution which
can be withdrawn only after action by the Township Committee determining
that all requirements of final approval have been fulfilled, and which
may be claimed by the Township in the event such requirements are
not met.
(4)
Letter of credit from a recognized banking institution.
B.
All such guaranties shall be drawn in favor of the Township of Upper
Deerfield and 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 obligor and the surety, if there is one, the Township
Committee may, by resolution, extend the term of such performance
guaranty for an additional period not to exceed three years. The amount
of the performance guaranty may be reduced by resolution of the Township
Committee when portions of the required improvements have been installed
to the satisfaction of the Township Committee and on recommendation
of the Township Engineer. All guaranties submitted shall make specific
reference to the terms and conditions imposed by the approval authority
and should identify the resolution or other action taken by said authority
for the purpose.
C.
If the required improvements are not completed or corrected in accordance
with the performance guaranty, the obligor and surety, if any, shall
be liable thereon to the Township for the reasonable cost of improvements
not completed or corrected, and the municipality may, either prior
to or after the receipt of the proceeds thereof, complete such improvements.
D.
All performance guaranties shall be submitted to the Secretary of
the Planning Board. The Secretary of the Planning Board shall forward
one copy of the guaranty to the Municipal Engineer, who shall notify
the Planning Board and Township Attorney that the performance guaranty
is in sufficient amount to assure the completion of all required improvements.
E.
The Secretary of the Planning Board shall forward a copy of the performance
guaranties to the Township Attorney, who shall review and approve
same as to form and execution. The Township Attorney shall notify
the Planning Board as to the acceptability of the performance guaranties
in terms of their form and execution.
F.
Upon the granting of final plat approval and after receipt of an
approved final plat, the Secretary of the Planning Board shall forward
any performance guaranties posted with and accepted by the Planning
Board to the Township Clerk for filing. The Planning Board Secretary
shall maintain a record of all surety bonds received by the Township
in connection with subdivision and shall, within 90 days of the expiration
of any surety bond, notify the Township Committee of said pending
bond expirations. Copies of said notice shall be sent to the Township
Clerk, Township Attorney and Municipal Engineer.
Whenever the approval authority requires a developer to post
a maintenance guaranty, it shall be in accordance with the following:
A.
The developer shall execute a maintenance guaranty and post said
guaranty with the Township of Upper Deerfield in a sufficient amount
for maintenance and repair of all improvements required to be installed
by the developer. The maintenance guaranty shall be for a period of
two years from the date of final acceptance of the improvement(s)
by resolution of the Township Committee, after recommendation of acceptance
by the Township Engineer, and its amount shall be equal to 15% of
the Township Engineer's estimate of the cost of construction of the
required improvements. The maintenance guaranty shall apply to such
repairs as may be necessitated by substandard original construction
or by damage by the developer in the course of development.
[Amended 6-4-1981 by Ord. No. 234]
C.
All maintenance guaranties shall be submitted to the Township Clerk.
The Township Clerk shall forward one copy of the guaranties to the
Municipal Engineer, who shall notify the Township Committee and Township
Attorney that the maintenance guaranty is in sufficient amount to
assure the completion of all required improvements.
D.
The Township Clerk shall forward a copy of the maintenance guaranties
to the Township Attorney, who shall review and approve same as to
form and execution. The Township Attorney shall notify the Township
Committee as to the acceptability of the maintenance guaranties in
terms of their form and execution.
E.
Upon acceptance of a maintenance guaranty, the Township Clerk shall notify the Secretary of the Planning Board, who shall maintain a record of all surety bonds received by the Township in connection with developments in accordance with the provisions of § 405-66F of this article.
F.
Release of a maintenance guaranty shall be by resolution of the Township
Committee, after recommendation of release of the guaranty by the
Township Engineer.
[Added 3-16-2006 by Ord. No. 568; amended 12-30-2009 by Ord. No.
649; 12-30-2010 by Ord. No. 662]
All applications submitted to the Planning Board of the Township
of Upper Deerfield shall include a fully executed agreement to pay
fees, the form of which shall be as follows:
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AGREEMENT TO PAY FEES
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This Agreement made and entered on this _____ day of _____,
_____, between the Township of Upper Deerfield, a municipal corporation
of the State of New Jersey, and _______________, hereafter referred
to as "applicant" or "developer," is made upon the following terms
and conditions:
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1.
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Agreement to Pay Fees. Applicant/Developer hereby covenants
and agrees to pay all charges imposed by the Township of Upper Deerfield
in connection with the application of development which is being filed
herewith. Such fees include but are not limited to application fees,
attorney's review fees, engineer's review fees, planner's review fees,
outside consultant fees, if any, court stenographer fees, copy costs,
and postage.
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2.
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Escrow Deposit. The Township of Upper Deerfield hereby acknowledges
receipt of $_____, said sum being a cash deposit to be placed in an
escrow account established by the Township of Upper Deerfield to cover
the cost of the aforementioned review fees. Such sums shall be charged
periodically as fees and charges accrue, and the balance of the escrow
sum, if any, after all charges and fees have been paid shall be returned
to the applicant/developer.
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3.
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Additional Payments. The applicant/developer agrees to pay any
additional sum required to pay charges and fees not covered by the
escrow deposit within 15 days after receipt of billing by the Township
of Upper Deerfield. The applicant understands and agrees to pay such
sums notwithstanding any dispute as to the reasonableness of fees
or charges. Payment shall not constitute a waiver of the right to
challenge the reasonableness of the charges and fees as set forth
below.
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4.
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Contest of Reasonableness. The applicant agrees that the reasonableness
of any fee or charge may be challenged by and appropriate legal action
may be brought within 45 days from the date the applicant receives
notice that additional fees are due and owing to the Township of Upper
Deerfield. Efforts to resolve any dispute as to the reasonableness
of fees shall be undertaken in accordance with N.J.S.A. 40:55D-53.2a
and, if such resolution cannot be achieved, then the applicant can
appeal to the County Construction Board of Appeals in accordance with
N.J.S.A. 52:27D-127.
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5.
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Disposition of Required Deposit. All sums paid as deposits for
escrow fees under this ordinance shall be deposited and applied in
accordance with N.J.S.A. 40:55D-53.1.
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6.
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Fees to be charged. The hourly rates for professionals under
this agreement to be paid from the escrow under this agreement shall
be as follows:
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A.
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Planning Board Solicitor: $125 hourly.
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B.
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Township Planner: $125 hourly.
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C.
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Township Engineer: $125 hourly.
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D.
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Planning Board Engineer: $125 hourly.
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E.
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Stenographer fees: at cost.
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`
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F.
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Outside professionals — including but not limited to traffic
engineers, environmental, architectural, archeological or historical
experts or others: at cost.
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Any other fees for professionals or services needed in order
to review an application not set forth herein shall be established
by the Planning Board by resolution.
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