[Added by Ord. No. 9-80]
Whenever a term is used in this chapter or in Chapter 470, Subdivision of Land, Chapter 424, Site Plan Review, or Chapter 550, Zoning, that is defined in N.J.S.A. 40:55D-1 et seq., as amended, such term is intended to have the meaning set forth in the definition of such term found in the statute, unless such term is specifically defined in any of the aforementioned chapters, in which event such term as defined shall be construed to be applicable to all such chapters unless a contrary intention is clearly expressed or implied from the context in which such term is used.
[Added by Ord. No. 9-80; amended by Ord. No.
13-88]
A.
Whenever it is required as a condition to subdivision or site plan
approval that a performance guarantee must be furnished in favor of
the Township in an amount not exceeding 120% of the estimated cost
of any required improvements within the stated time, the time allowed
for installation of the improvements for which the performance guarantee
has been provided may be extended by the Township Committee by resolution.
As a condition or as part of any such extension, the amount of any
performance guarantee shall be increased or reduced, as the case may
be, to an amount not to exceed 120% of the cost of installation as
determined as of the time of passage of the resolution.
B.
Upon substantial completion of all required appurtenant utility improvements
and the connection of same to the public system, the obligor may notify
the Township Committee, in writing, of such completion or substantial
completion as provided for in N.J.S.A. 40:55D-53d, and after inspection
and report of the Township Engineer, the Township Committee may approve,
partially approve or reject the improvements. Where partial approval
is granted, the bond of the obligor may be reduced, provided that
30% of the amount of the performance guarantee posted may be retained
to insure completion of all improvements. Notice shall be given to
the obligor as required by N.J.S.A. 40:55D-53e.
C.
The obligor on such bond shall reimburse the Township for all reasonable
inspection fees paid to the Township engineer for any such inspections
of improvements, and the developer shall post a deposit to cover such
fees in such amount as required by the municipal agency having jurisdiction.
D.
Before recording of the final subdivision plats, as a condition of final site plan approval, or as a condition of the issuance of a zoning permit, and prior to the acceptance by the Township Committee of any public improvement, the Land Use Board and/or the Township Committee may require and shall accept, in accordance with the standards contained in this chapter and Chapter 219, Driveways, Chapter 270, Flood Control, Chapter 424, Site Plan Review, Chapter 441, Soil Erosion and Sediment Control, Chapter 446, Soil Removal, Chapter 457. Stormwater Control, the posting with the Township of Fredon, in a form approved by the Township Attorney and in an amount approved by the Township Engineer, a maintenance guarantee for a period of two years commencing upon final acceptance of the public improvement which is the subject of such guarantee, in an amount equal to 15% of the total cost of any such public improvement. However, in the event other governmental agencies or public utilities automatically will own the utilities to be installed, or the improvements are otherwise covered by a maintenance guarantee to another governmental agency, no such maintenance guarantee shall be required for such utilities or improvements.
All applications for development filed prior to February 1, 1977 may be continued, but any appeals arising out of decisions made on any such application shall be governed by the provisions of Article V of this chapter.
This chapter shall take effect on February 1, 1977.
Immediately upon adoption of this chapter, the Township Clerk
shall file a copy of this chapter with the County Planning Board as
required by law. The Clerk shall also file with the County Planning
Board copies of all other ordinances of the Township relating to land
use, such as the subdivision, zoning and site plan review ordinances.
