Prior to the signing and sealing of the final plat, the applicant
shall have posted performance and maintenance guarantees with the
City Clerk for the ultimate installation of on-tract and off-tract
improvements, as approved by the Planning Board, and designed in accordance
with the standards hereinafter set forth, except as specifically waived
or modified by the Planning Board's resolution granting final
approval. The subdivider shall have furnished guarantees for the ultimate
installation of the following:
A.
Streets.
B.
Street signs.
C.
Curbs and gutters.
D.
Sidewalks.
E.
Streetlighting.
F.
Shade trees, to be located on the street line so as not to interfere
with utilities or sidewalks, and shall be of one of the following
types: maple, or such other type as shall be approved by the Planning
Board.
G.
No topsoil shall be removed from the site or used as spoil. Topsoil
moved during the course of construction shall be redistributed so
as to provide at least six inches of cover to all areas of the subdivision
and shall be stabilized by seeding or planting.
H.
Monuments, to be of the size and shape required by N.J.S.A. 46:23-9.11,
and shall be placed in accordance with such statute.
I.
Water mains, culverts, storm sewers and sanitary sewers shall be
properly connected with an approved system and shall be adequate to
handle all present and probable future developments.
All of the above-listed improvements shall be subject to inspection
and approval by the Municipal Engineer at least 24 hours prior to
the start of construction. No underground installation shall be covered
until inspected and approved.
A.
No final plat shall be approved by the Planning Board until the completion
of all such required improvements has been certified to the Planning
Board by the City Engineer, unless the subdivision owner shall have
filed with the municipality a performance guarantee sufficient in
amount to cover the cost of all such improvements or uncompleted portions
thereof as estimated by the City Engineer and assuring the installation
of such uncompleted improvements on or before an agreed date. Such
performance guarantee may be in the form of a performance bond which
shall be issued by a bonding or surety company approved by the Board
of Commissioners; a certified check, returnable to the subdivider
after full compliance; or any other type of surety approved by the
Corporation Counsel.
B.
The performance guarantee shall be approved by the Corporation Counsel
as to form, sufficiency and execution.
(1)
Such 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 owner and the surety, if there be
one, the Board of Commissioners, by resolution, may extend the term
of such performance guarantee for an additional period not to exceed
three years. The amount of the performance guarantee may be reduced
by the Board of Commissioners by resolution when portions of the required
improvements have been installed.
(2)
If the required improvements have not been installed in accordance
with the performance guarantee, the obligor and surety shall be liable
thereon to the City for the reasonable cost of the improvements not
installed, and, upon receipt of the proceeds thereof, the City shall
install such improvements.
C.
A performance guarantee shall be furnished by the subdivider in favor
of the City in an amount not to exceed 120% of the cost of installation
for improvements it may deem necessary or appropriate, including streets,
grading, pavement, gutters, curbs, sidewalks, streetlighting, shade
trees, surveyor's monuments, water mains, culverts, storm sewers,
sanitary sewers or other means of sewage disposal, drainage structures,
erosion control and sedimentation control devices and public improvements
of open space.
D.
A maintenance guarantee shall be furnished by the subdivider upon
acceptance of the streets and improvements by the City. Such guarantee,
which shall be issued by a bonding or surety company approved by the
Board of Commissioners, shall be in the amount not to exceed 15% of
the original estimated cost of the required improvement and shall
run to and be in favor of the City for no less than two years. The
bond shall be approved by the Corporation Counsel on the advice of
the City Engineer.
[Amended 3-21-2006]
As a condition of preliminary approval and prior to any construction
or the filing of an application for final approval of a subdivision
or a site plan, the applicant shall have posted a performance guaranty
or, with the consent of the City, installed or paid for any required
off-tract improvements in the manner provided below.
[Amended 3-21-2006]
A.
The allocation of costs for off-tract improvements as between the
applicant, the property owners and the City, or any one or more of
the foregoing, shall be determined by the Planning Board or the Board
of Adjustment ("Board"), with the assistance of the appropriate City
agencies, on the basis of the total cost of the off-tract improvements,
the increase in market values of the property affected and any other
benefits conferred, the needs created by the application, population
and land use projections for the general area of the applicant's
property and other areas to be served by the off-tract improvements,
the estimated time of construction of the off-tract improvements and
the condition and periods of usefulness, which periods may be based
upon the criteria of N.J.S.A. 40A:2-22.
B.
Requirements for off-tract improvements shall be consistent with
N.J.S.A. 40:55D-42. In addition, the following criteria may also be
considered, as well as any other reasonable criteria the Board feels
are necessary to protect the health, safety and general welfare of
the City:
(1)
Street, curb, sidewalk, shade tree, streetlight, street sign and
traffic light improvements may also be based upon the anticipated
increase of traffic generated by the application. In determining such
traffic increase, the Board may consider traffic counts, existing
and projected traffic patterns, the quality of streets and sidewalks
in the area and other factors related to the need created by the application
and the anticipated benefit thereto.
(2)
Drainage facilities may also be based upon or be determined by the
drainage created by or affected by a particular land use, considering:
(a)
The percentage relationship between the square footage of the
property, the subject of the application, and the square footage of
the total drainage basin.
(b)
The use of a particular site and the amount of the area to be
covered by imperious surfaces on the site itself.
(c)
The use, condition or status of the remaining area in the drainage
basin.
(3)
Water supply and distribution facilities may also be based upon the
added facilities required by the total anticipated water use requirements
of the property of the applicant and other properties in the general
area benefiting therefrom.
(4)
Sewerage facilities may be based upon the proportion that the total
anticipated volume of sewage effluent of the applicant's property
and other properties connected to the new facility bears to the existing
capacity of existing sewerage facilities, including, but not limited
to, sewer lines and other appurtenances leading to and servicing the
applicant's property. In the event that the applicant's
property shall be permitted to be connected to existing sewer facilities,
the applicant shall pay a charge or be assessed in accordance with
the law.
[Added 3-21-2006]
The cost of the installation of the required off-tract improvements
shall be determined by the Board with the advice of the City Engineer
and appropriate City agencies.
[Added 3-21-2006]
When the manner of construction has been determined, the applicant
may be required to provide a cash deposit to the City of one of following
amounts:
A.
If the improvement is to be constructed by the City as a general
improvement, an amount equal to the difference between the estimated
cost of the improvement and the estimated total amount, if less, by
which all properties to be serviced thereby, including the subject
property, will be specifically benefited by the off-tract improvement.
B.
If the improvement is to be constructed by the City as a local improvement, then, in addition to the amount referred to in Subsection A above, the estimated amount by which the subject property will be specifically benefited by the off-tract improvement.
C.
If the improvement is to be constructed by the applicant, an amount
equal to the estimated cost of the off-tract improvements, less an
offset for benefits to properties other than the subject property.
[Added 3-21-2006]
A.
The estimated costs of the off-tract improvements allocated to the
applicant, if deposited in cash, shall be paid by the applicant to
the City Treasurer, who shall provide a suitable depository therefor,
and such funds shall be used only for the off-tract improvements for
which they are deposited or improvements serving the same purpose,
unless such improvements are not initiated by the City within a period
of 10 years from the date of payment, after which said funds so deposited
shall be returned, together with accumulated interest or other income
thereon, if any.
B.
In the event that the payment by the applicant to the City Treasurer
provided for herein is less than its share of the actual cost of the
off-tract improvements, then the applicant shall be required to pay
its appropriate share of the cost thereof.
C.
In the event that the payment by the applicant to the City Treasurer
provided for above is more than its appropriate share of the actual
cost of installation of the off-tract improvements, the applicant
or its successors or assigns shall be repaid an amount equal to the
difference between the deposit and its share of the actual cost.
D.
If the applicant shall deem that any of the amounts so estimated
by the Board are unreasonable, it may challenge them and seek to have
them revised in appropriate proceedings brought to compel subdivision
or site plan approval.
E.
If the applicant and the Board cannot agree with respect to the applicant's
appropriate share of the actual cost of the off-tract improvement,
or the determination made by the City officer or board charged with
the duty of making assessments as to special benefits if the off-tract
improvement is to be constructed as a local improvement, no approval
shall be granted; provided, however, that the applicant may challenge
such determination and seek to have it reviewed in appropriate judicial
proceedings in order to compel subdivision or site plan approval.
[Added 3-21-2006]
Upon receipt from the applicant of its allocated share of the
costs of the off-tract improvements, the City may adopt a local improvement
assessment ordinance for the purpose of the construction and installation
of the off-tract improvement based upon the actual cost thereof. Any
portion of the cost of the improvements not defrayed by a deposit
by the applicant may be assessed against benefiting property owners
by the City. Any assessments for benefits conferred made against the
applicant to his successors in interest shall be first offset by a
pro rata share credit of the allocated costs previously deposited
with the City Treasurer pertaining thereto. The applicant or his successors
in interest shall not be liable for any part of an assessment for
such improvements unless the assessment exceeds the pro rata share
credit for the deposit, and then only to the extent of the deficiency.
[Added 3-21-2006]
In the event that the applicant, with the City's consent,
decides to install and construct the off-tract improvement, or any
portion thereof, the certified cost shall be treated as a credit against
any future assessment for that particular off-tract improvement, or
portion thereof, constructed by the City in the same manner as if
the developer had deposited its apportioned cost with the City Treasurer,
as provided therein.
[Added 3-21-2006]
A.
At the discretion and option of the City and with the consent of
the applicant, the City may enter into a contract with the applicant,
providing for the installation and construction of the off-tract improvements
by the applicant upon contribution by the City of the remaining unallocated
portion of the cost of the off-tract improvement.
B.
In the event that the City so elects to contribute to the cost and
expense of installation of the off-tract improvement by the applicant,
the portion contributed by the City shall be subject to possible certification
and assessment as a local improvement against benefiting property
owners in the manner provided by law, if applicable.
[Added 3-21-2006]
Should the applicant and the City enter into a contract for
the construction and installation of the off-tract improvements to
be done by the applicant, the applicant shall observe all requirements
and principles of this chapter in the design of such improvements.
