[Added 7-3-2018 by Ord.
No. 2018-02[1]]
For the purpose of assuring the installation and maintenance
of bondable land development improvements, as a condition of all final
site plan, subdivision, and/or zoning permit approvals, the Board
and/or Zoning Officer shall require, as appropriate, and the Township
Committee shall accept, in accordance with the standards adopted hereinafter:
A.
The furnishing of a performance guarantee in favor of the Township
in an amount not to exceed 120% of the cost of the improvement, which
cost shall be determined by the Township Engineer according to the
method of calculation set forth in N.J.S.A. 40:55D-53.4 for any and
all bondable items as permitted therein. The Township Engineer shall
prepare an itemized cost estimate of the improvements covered by the
performance guarantee, which itemized cost estimate shall be appended
to each performance guarantee posted by the obligor.
B.
The furnishing of a maintenance guarantee in favor of the Township
in an amount not to exceed 15% of the cost of the improvement, which
cost shall be determined by the Township Engineer according to the
method of calculation set forth in N.J.S.A. 40:55D-53.4 for any and
all bondable items as permitted therein.
C.
The furnishing of a temporary certificate of occupancy guarantee
in the amount of 120% of the cost of installing the remaining improvements
required to be completed before the issuance of a permanent certificate
of occupancy. The scope and amount of such a guarantee will be determined
by the Township Engineer.
D.
The furnishing of a safety and stabilization guarantee to return
the property to a safe and stable condition or to otherwise implement
measures to protect the public from access to an unsafe or unstable
condition. The amount of such a guarantee shall be $5,000 where the
overall bonded improvements are $100,000 or less. Where the overall
bonded improvements are $100,000 or more, then the Township Engineer
shall calculate the bond amount in accord with the following: $5,000
for the first $100,000 of bonded improvement costs, plus 2.5% of bonded
improvement costs in excess of $100,000 up to $1,000,000, plus 1%
of bonded improvement costs in excess of $1,000,000.
[Added 7-3-2018 by Ord.
No. 2018-02]
In the event that other governmental agencies or public utilities
will automatically own the utilities to be installed or the improvements
are covered by a performance or maintenance guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the Township for such utilities or improvements.
[Added 7-3-2018 by Ord.
No. 2018-02]
If the required improvements are not completed or corrected
in accordance with the performance guarantee, the obligor and surety,
if any, shall be liable thereon to the Township for the reasonable
cost of the improvements not completed or corrected, and the Township
may either prior to or after the receipt of the proceeds thereof complete
such improvements. Such completion or correction of improvements shall
be subject to the public bidding requirements of the Local Public
Contracts Law, N.J.S.A. 40A:11-1 et seq.
[Added 7-3-2018 by Ord.
No. 2018-02]
All improvements shall be in accordance with the design standards
of the Township Code or as authorized by a design exception granted
by the reviewing board and shall be subject to inspection and approval
by the Municipal Engineer. The Municipal Engineer shall be notified
24 hours prior to the start of the various phases of the work, and,
if discontinued, shall again be notified when the work will be continued.
A.
Applicability. Any development requiring off-site improvements as
defined below shall comply with the provisions of this section.
B.
Definition. An off-site improvement is one or more required improvements
necessary for the successful completion of a development in the interest
of furthering public health, safety and general welfare and located
outside the bounds of the owner's or developer's property. Off-site
improvements shall be required where:
C.
Proportionate contributions. The proportionate contribution of any
off-site improvement by the owner or developer shall be reasonably
related to the relative benefit or use of the total area served in
line with the following formulas:
(1)
Street widening, reconstruction, alignment, corrections, channelization
of intersections, construction of barriers, new or improved traffic
signalization, signs, curbs, sidewalks, trees, utility improvements
not covered elsewhere, the construction of new streets and similar
street or traffic improvements:
(a)
The owner's or developer's proportionate cost shall be in the
ratio of the estimated peak-hour traffic generated by the proposed
property or properties to the sum of the present deficiency in peak-hour
traffic capacity of the present facility and the estimated peak-hour
traffic generated by the proposed development. The ratio thus calculated
shall be increased by 10% for contingencies.
(2)
Water distribution facilities, including the installation of
new water mains, the extension of existing water mains, the relocation
of such facilities and the installation of other appurtenances associated
therewith:
(a)
The owner's or developer'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 daily estimated use of water
for the proposed development. The ratio thus calculated shall be increased
by 10% for contingencies.
(3)
Sanitary sewage collection and treatment facilities, including
the installation, relocation or replacement of collector or interceptor
sewers and the installation, relocation or replacement of other appurtenances
associated therewith, including on-site treatment systems:
(a)
The owner's or developer'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 from 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 owner or developer.
(4)
Drainage facility improvements shall be based upon the percentage
relationship between the development acreage and the total acreage
of the drainage basins imparted upon, plus 10% for contingencies.
(5)
Other facilities, services and improvements shall be cost proportioned
by the use of equitable formulas.
D.
Coordination with governing body. Planning and Zoning Board or Zoning
Board of Adjustment determination of required off-site improvements
shall be guided by this chapter, the Master Plan and such professional
advice as may be necessary for the specific project. Once it has determined
that one or more off-site improvements are necessary, the Planning
and Zoning Board or Zoning Board of Adjustment shall notify the governing
body, via resolution, of its findings and shall provide an estimate
of cost, a suggested pro rata share for the development in question
and a suggested means of payment. No final action on a preliminary
development shall be taken until all aspects of such agreements have
been mutually agreed to by the developer and the governing body, and
the Planning and Zoning Board or Zoning Board of Adjustment has been
advised, in writing, by the governing body.
E.
Implementation. Where a performance or maintenance guarantee is required in connection with off-site improvements, the procedures outlined in §§ 275-99 and 275-100 shall be followed. Cash contributions, where required by agreement, shall be deposited with the Municipal Clerk or Municipal Treasurer who shall place them in an escrow or exchange account for the purposes outlined. If improvements are not completed by the municipality within 10 years, the funds shall be returned to the developer under terms outlined by the Municipal Solicitor. Cash contributions shall not be required where county or state agencies have jurisdiction over said improvements and where those agencies require a guarantee that would represent a duplication.
[Added 7-3-2018 by Ord.
No. 2018-02[1]]
A.
Upon substantial completion of all required improvements, the obligor
may request of the governing body, in writing, by certified mail addressed
in care of the Township Clerk, that the Township Engineer prepare,
in accordance with the itemized cost estimate prepared by the Township
Engineer and appended to the performance guarantee pursuant to this
chapter, a list of all uncompleted or unsatisfactorily completed improvements.
If such a request is made, the obligor shall send a copy of the request
to the Township Engineer. The request shall indicate which improvements
have been completed and which improvements remain uncompleted in the
judgment of the obligor. Thereupon the Township Engineer shall inspect
all improvements covered by the obligor's request and shall file a
detailed list and report, in writing, with the Township Committee,
and shall simultaneously send a copy thereof to the obligor not later
than 45 days after receipt of the obligor's request.
B.
The list prepared by the Township Engineer shall state, in detail
with respect to each improvement determined to be incomplete or unsatisfactory,
the nature and extent of the incompleteness of each incomplete improvement
or the nature and extent of, and remedy for, the unsatisfactory state
of each completed improvement determined to be unsatisfactory. The
report prepared by the Township Engineer shall identify each improvement
determined to be complete and satisfactory together with a recommendation
as to the amount of reduction to be made in the performance guarantee
relating to the completed and satisfactory improvement, in accordance
with the itemized cost estimate prepared by the Municipal Engineer
and appended to the performance guarantee pursuant to this chapter.
C.
The Township Committee, by resolution, shall either accept the improvements
determined to be complete and satisfactory by the Township Engineer,
or reject any or all of these improvements upon the establishment
in the resolution of cause for rejection, and shall approve and authorize
the amount of reduction or release to be made in the performance guarantee
relating to the improvements accepted, in accordance with the itemized
cost estimate prepared by the Township Engineer and appended to the
performance guarantee pursuant to this chapter. This resolution shall
be adopted not later than 45 days after receipt of the list and report
prepared by the Township Engineer. Upon adoption of the resolution
by the Township Committee, the obligor shall be released from all
liability pursuant to its performance guarantee, with respect to those
accepted improvements, except for that portion sufficient to secure
completion or correction of the improvements not yet accepted; provided
that 30% of the amount of the performance guarantee posted may be
retained to ensure completion and acceptability of all improvements.
If any portion of the required improvements is rejected, the Township
shall require the obligor to complete or correct such improvements
and, upon completion or correction, the same procedure of notification,
as set forth in this section, shall be followed.
[1]
Editor's Note: This ordinance also repealed former § 275-102,
Construction inspection.
[Added 7-3-2018 by Ord.
No. 2018-02]
The obligor shall reimburse the Township for all reasonable
inspection fees paid to the Township Engineer for the foregoing inspection
of improvements; provided that the municipality may require of the
developer a deposit for the inspection fees in an amount not to exceed,
except for extraordinary circumstances, the greater of $270 or 5%
of the cost of improvements, which cost shall be determined pursuant
to N.J.S.A. 40:55D-53.4.
[Added 7-3-2018 by Ord.
No. 2018-02]
In the event that final approval is by stages or sections of
development pursuant to Subsection a of Section 29 of P.L. 1975, c.
291 (N.J.S.A. 40:55D-38), the provisions of this section shall be
applied by stage or section.
[Added 7-3-2018 by Ord.
No. 2018-02]
To the extent that any of the improvements have been dedicated
to the Township on the subdivision plat, site plan and/or zoning permit,
the municipality shall be deemed, upon the release of any performance
guarantee required hereunder, to accept dedication for public use
any improvements made thereunder, provided that such improvements
have been inspected and have received final approval by the Township
Engineer.
