City of Camden, NJ Guarantees, Inspections and Off-Tract Improvements

No final application for development (whether for an entire tract or a section thereof) shall be approved by the Board until the satisfactory completion and performance of all required public improvements have been certified to the Board by the City Engineer unless the owner shall have filed with the City a performance guarantee assuring the installation of said public improvements on or before an agreed date as hereinafter provided.

It is the intention of the City Council that residents living in each new section of a development be provided with lot and/or dwelling unit as well as tract area improvements that are as complete as possible. In order to accomplish this objective, and except as hereafter provided, all remaining improvements shall be completed as to each category set forth in the performance guarantee to a percentage extent equal to the percent of lots and/or dwelling units which have been conveyed in any manner.

A performance guarantee estimate shall be prepared by the applicant's engineer and submitted to the City Engineer for review and approval, setting forth all requirements for improvements, as fixed by the Board, and their estimated cost. The City Council shall pass a resolution either approving or adjusting this performance guarantee.

Approval by City attorney.

The owner shall present two copies of the performance guarantee, in an amount equal to 120% of the approved performance guarantee estimate, for approval by the Planning Board Attorney as to form and execution.

The Planning Board Attorney shall notify the secretary of the Board that the performance guarantee is properly executed and can be placed on the agenda of the Board's next meeting.

Bonding and cash requirements.

The performance guarantee shall be made payable to, and deposited with, the City of Camden and shall be in the form of either cash, a certified check, or other financial instrument acceptable to the City Attorney, or a performance bond in which the owner shall be principal provided by an acceptable surety company licensed to do business in the State of New Jersey. The City shall issue its receipts for such deposits and shall cause the same to be deposited in a bank named by the municipality in the name of the City. The said deposits shall be retained as security for completion of all requirements and shall be returned to the owner upon completion of all required work, or, in the event of default on the part of the owner, shall be used by the City to pay the cost and expense of obtaining completion of all requirements.

Ten percent of the amount of the approved performance guarantee estimate shall be deposited by the owner in cash with the City. The remaining 90% may be in cash or surety bond. In the event of default, the 10% fund herein mentioned shall be first applied to the completion of the requirements and the cash or surety bond shall thereafter be resorted to, if necessary, for the completion of the requirements. The cash or surety bond shall recite the foregoing provisions.

Inspection and tests.

All improvements and utility installations shall be inspected during the time of their installation by the City Engineer. On-site private improvements relating to drainage, landscaping and circulation as shown on an approved final subdivision or site plan shall also be subject to inspection and approval by the City Engineer. The cost of said inspection shall be the responsibility of the owner who shall deposit with the City Treasurer a fee in accordance with the City Fee Ordinance.[1]

[1]

Editor's Note: See Ch. 340, Fees and Costs.

In no case shall any improvements or utility installation be done without permission from the City Engineer. At least two working days' notice shall be given to the City Engineer prior to any construction so that he or a qualified representative may be present at the time the work is to be done.

Streets shall not be paved with a wearing course until all heavy construction is completed and all underground utilities have been installed. Shade trees shall not be planted until all grading and earth moving is completed. The installation of the pavement wearing course, seeding of grass and the placing of the surveyor's monuments shall be among the last operations.

The City Engineer's office shall be notified after each of the following phases of the work has been completed so that he or a qualified representative may inspect the work:

Clearing, earthwork and site grading.

Road subgrade.

Curb and gutter forms.

(d)

Curbs and gutter construction.

(e)

Road subbase and proof-rolling.

(f)

Sidewalk and apron forms.

(g)

Sidewalks and apron construction.

(h)

Drainage pipes and other drainage improvements and construction.

(i)

Utility trench backfilling compaction and restoration.

(j)

Street name signs.

(k)

Warning, regulatory, and site-specific signage.

(l)

Monuments.

(m)

Pavement striping and markings.

(n)

Sanitary sewers, force mains and pump stations.

(o)

Required lighting.

(p)

Detention and/or retention basins.

(q)

Topsoil, seeding, plantings and fences.

(r)

Other site-specific improvements as may be depicted or required on the approved plans, details and/or specifications and/or the resolution of approval.

(5)

Inspection by the City of the installation of improvements and utilities shall not operate to subject the City of Camden to any future liability, including liability for claims or suits, that may arise because of defects or negligence during construction or at any time thereafter; it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the owner and his contractors.

(6)

Upon the completion or substantial completion of all required utility improvements, and the connection of same to the public system, the obligor may notify the governing body in writing, by certified mail in care of the City Clerk, of the completion or substantial completion of the improvements and shall simultaneously send a certified copy of such notice to the City Engineer. Within 10 working days following receipt of the notice, the City Engineer shall inspect all the improvements of which such notice has been given and file a detailed report, in writing, with the governing body, indicating either approval, partial approval or rejection of such improvements with a statement of the reasons for any total or partial rejection. The costs of the improvements as approved or rejected shall be set forth.

Release. The City Council shall approve, partially approve or reject the improvements, on the basis of the report from the City Engineer, and shall notify the obligor, in writing, by certified mail, of the contents of the engineer's report and the action of the City Council not later than 65 days after the receipt of the notice of the obligor of the completion or substantial completion of the improvements. Failure of the City Council to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, shall be released from all liability pursuant to the performance guarantee for such improvements:

Where partial approval is granted, except as set forth hereinafter, the obligor shall be released from all liability pursuant to the performance guarantee for such improvements, except for that portion deemed to be required to secure provision of the improvements not yet approved. The City may retain 30% of the performance guarantee posted to ensure the completion of all improvements and that said 30% may be applied against all improvements, regardless of when completed.

If any portion of the required improvements is rejected, the obligor shall complete such improvements and, upon completion, shall notify the City Council and same procedures shall be followed as in the first instance.

Conditions and acceptance of improvements. The approval of any application for development by the City shall in no way be construed as acceptance of any street or drainage system, or any other improvement, nor shall such approval obligate the City in any way to exercise jurisdiction over such street or drainage system or other improvement. No improvement shall be accepted by the governing body unless and until all of the following conditions are met:

The City Engineer shall have certified in writing that the improvements are complete and that they comply with the requirements of this article;

The final application for development shall have been approved by the Board;

The owner shall have filed with the City Council a maintenance guarantee in an amount equal to not more than 15% of the cost of installing the improvements, to run for a period of two years. The procedures and requirements governing such maintenance guarantee shall be identical with the procedures and requirements for a performance guarantee set forth in this chapter. The requirements for a maintenance guarantee may be waived by the City Council only if the City Engineer has certified that the improvements have been in continuous use for not less than two years from the date the City Engineer certified completion of such improvements and that during this period the owner has maintained the improvements in a satisfactory manner; and

The owner shall have provided an "as built" plan and profiles of all utilities and roads (three black and white prints plus a Mylar copy to be sent to the City Engineer) with certification signed and sealed by a New Jersey licensed professional engineer as to the actual construction as approved by the City Engineer.

§ 870-303 Start of construction.

Construction pursuant to a site plan or subdivision approval shall not commence until:

The developer has paid all fees required by this article;

The developer has received all other governmental permitted approvals required by the Board's resolution of memorialization granting subdivision or site plan approval.

The developer has satisfied all conditions of all approval required by the Board's resolution of memorialization granting subdivision and/or site plan approval and all changes required by the Board to the developer's subdivision and/or site plans have been filed with and approved by the City Engineer;

The developer's construction plans have been filed with and approved by the City Engineer;

The developer has had a preconstruction meeting with the City Engineer for the purpose of forecasting and resolving problems that may arise during the course of construction;

The developer has furnished the City the performance guarantee required herein; and

The developer has posted a sales map pertaining to details required for final major subdivision plats and final major site plans in a prominent location in all offices from which sales of property in the development will be conducted.

§ 870-304 Installation of improvements.

Any improvement installed contrary to the plan or plat approval by the City shall constitute just cause to void the municipal approval.

Any improvement installed without compliance with this article shall constitute just cause for:

Removal of the uninspected improvements;

The payment by the developer of any costs for material testing;

The restoration by the developer of any improvements disturbed during any material testing; and/or

The issuance of a stop-work order by the City Engineer pending the resolution of any dispute.

Inspection by the City of the installation of improvements and utilities shall not operate to subject the City of Camden to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence during construction or at any time thereafter; it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the owner and his contractor, if any.

§ 870-305 Off-tract improvements.

All off-tract improvements shall be made in accordance with the provisions of N.J.S.A. 40:55D-52 and the following:

Purpose.

The Planning Board or Zoning Board of Adjustment, as the case may be, shall require, as a condition final site plan or final subdivision approval, that the applicant pay its pro rata share of providing reasonable and necessary off-tract improvements, including the acquisition of land or rights in land, necessitated or required by the anticipated impacts of such approved development. The applicant shall either install the necessary off-tract improvements or pay its pro rata share thereof to the City. Such off-tract improvements shall be clearly, directly, and substantially related to the approved development.

Where such condition of approval is imposed, the resolution of memorialization shall describe the improvements or improvements required, and make findings of fact that establish the nexus between each needed improvement and the impacts to be generated by the proposed development causing or contributing to the need for provision of such off-tract improvement. Such findings shall reference the needed improvement to the Master Plan or any of its elements, maps, reports, or statements. As a further condition of such final approval, the resolution shall require that the applicant enter into a developer's agreement with the City Council for the construction of the improvement or improvements or payment to the City, in escrow, of the applicant's fair share of the anticipated cost of such improvement to be constructed by others. The Board shall forward to the governing body any reports, studies or analyses that were entered into evidence at the public hearings, on application for approval, as may be of use in negotiating such developer's agreement with the applicant.

Cost allocation.

In cases where off-tract improvements are necessitated by the proposed development and where neither the City nor any other governmental entity has either planned, programmed, or accepted responsibility for any portion of the cost of the improvements, the developer/applicant shall be responsible, at the developer/applicants sole expense, and as a condition of approval, to provide for and install such improvements, after review and approval by the City Engineer of all such plans related to the improvements. The improvements shall be installed prior to the issuance of the first building permit.

Where it is determined that properties outside the development will also be benefited by the off-tract improvements, or where either the City or other governmental agency or entity has planned or programmed, or accepted responsibility for any portion of the cost of the improvement, the criteria set forth herein shall be utilized in calculating and determining the proportionate share of the cost of such improvements to the developer or applicant. A proportionate allocation shall not be made, however, and a developer or applicant shall be responsible for assuming all costs for improvements, where there is a need to upgrade an existing facility or improvement due to its insufficient capacity or other inadequacies to service the needs of the developer or applicant's proposed development, but the existing facility or improvement is adequate to service the needs of the present users. Where a developer is required to "front-end" an off-tract improvement (such as the extension of a sewer line to the proposed development), and future developers benefit from the same, then the original developer who made the improvement shall be entitled to a pro rata reimbursement from any subsequent developers who have directly benefited from the improvement, if said subsequent benefit accrues within ten-year from the date of the original improvement. In any event, the following procedure shall take place:

The original developer shall certify the actual costs of the off-tract improvements, based on construction invoices, which shall then be verified by the City Engineer.

The City Engineer shall then calculate the subsequent developer's pro rata contribution, by dividing the use of the improvements by the subsequent developer by the use of the improvement made by all developments benefiting from the improvement, based on road capacity, daily sewage flow, daily water flow, etc.

The City shall then condition the issuance of the first building permit in the subsequent developer's development, upon payment in full of the pro rata reimbursement to the original developer. Said reimbursement shall be payable to the City directly, who shall then reimburse the original developer, subject to payment of any liens, offsets or other funds due to the City by the original developer.

Nothing herein shall be construed as to prevent the Planning Board or Zoning Board of Adjustment and the developer or applicant from agreeing to use an alternative method to allocate costs, or to use an alternative method to make payments for pro rata reimbursements, than that which is set forth herein, given the unique and distinguishable characteristics of each application for development, as long as such alternative method is based on fair and reasonable standards, and the reason for adopting such alternative method is clearly set forth and agreed to by both the Planning Board or Zoning Board of Adjustment and the developer or applicant.

Water supply. The developer and applicant's share of water distribution, supply, treatment, and storage facilities, including the installation, relocation or replacement of water mains, hydrants, valves, and appurtenances associated therewith, shall be computed as follows:

The capacity and design of the water supply system shall be based on standards computed by the developer's engineer and approved by the City Engineer.

The City Engineer shall provide the developer or applicant with the existing and reasonable anticipated peak hour flows as well as capacity limits for the affected water system in terms of average demand, peak demand and fire demand.

If the required system does not exist, or the existing system does not have adequate capacity to accommodate the developers or applicant's flow given existing and reasonably anticipated peak hour and fire flows, the pro rata share shall be computed to the larger of:

The partial cost of a shared improvement where none now exists:

Total Cost of Improvement		Capacity of Improvement [gallons per day (GPD)]
Developer/ Applicant's Cost	=	Developer/Applicant-Generated Flow to be accommodated by the Improvement (GPD); or

The total cost of an improvement designed to accommodate only the development flow, if such an alternative is technically feasible; or

The full cost to upgrade an existing facility or improvement where said facility or improvement has either insufficient capacity or is otherwise inadequate to service the needs of the developer/applicant, but is adequate to service the needs to service the needs of the present users.

Roadways. The developer or applicant's proportionate share of street and intersection improvements, alignments, channelization, barriers, new or improved traffic signalization, signs, curbs, sidewalks, trees, utility improvements uncovered elsewhere, the construction or reconstruction of new or existing streets and intersections, and other associated street or traffic improvements, shall be as follows:

Traffic study. A traffic impact study shall be provided by the developer or applicant. The study shall address the various traffic-generating characteristics of uses in the proposed development and the interface of traffic from uses associated from the proposed development and existing uses in the area, to assure that there will not be a degradation in the level of service in the area, and that there will not be any traffic hazards created in the area by traffic generated as a direct result of the development. In addition, the study shall incorporate the recommendations, and propose a plan to achieve the goals and objectives specifically set forth in the Master Plan of the City of Camden.

Level of service. The developer or applicant must demonstrate that the existing public traffic arteries have adequate capabilities to accommodate the traffic to be generated by the proposed project at an acceptable level of service "D" or better, and that safe, convenient and adequate circulation and parking is provided for on site of the proposed development.

Traffic volumes. The developer or applicant must provide as a part of its submitted study existing twenty-four-hour traffic counts for a minimum of three different days, excluding Sundays and holidays, summarized by hour and by direction, and peak hour trips by movement on all critical off-tract roadways and intersections affected by the proposed development. Traffic volumes utilized in the study shall be taken within 12 months preceding the date that the application is filed with the Planning Board or Zoning Board of Adjustment, and be taken between the period of September 1 through June 15, excluding those days wherein inclement weather would make such counts not typical. If there is a seasonal peak, the study shall take the same into account and make appropriate comments.

Future background traffic volume. Future traffic volumes shall be calculated by multiplying the peak hour traffic volumes utilizing the current New Jersey Department of Transportation growth factors. These factored traffic volumes will be surcharged with traffic volumes expected to be generated by impending development in the area, based on development projects presently approved by, or pending before, the Planning Board or Zoning Board of Adjustment, and known projects presently approved by or pending before the Planning or Zoning Boards of immediately adjacent municipalities which will clearly have an impact on local traffic.

(5)

Traffic generation. Traffic expected to be generated by the proposed development shall be calculated by utilizing the latest copy of the Institute of Transportation Engineers (ITE) text: The values developed by using the trip generation method shall be verified by typical counts when requested by the City to verify results. If the City requires trip generation data because the trip generation methodology is not accurate due to local conditions or an inadequate database in the trip generation text, the traffic data counts required to verify trip generation data, shall be in the ITE format. Traffic generation shall include the amount of traffic to be generated for the project twenty-four-hour period and during the peak hour trip generation by the proposed project.

(6)

Future build traffic volumes. Future background traffic volumes shall be surcharged by adding the traffic volumes that are to be generated by the proposed development to future background traffic volumes.

(7)

Traffic analysis.

Capacity analysis. Roadways and intersections shall be analyzed using a capacity analysis. The capacity analysis will utilize the latest approved highway capacity programs. Traffic shall be analyzed for the existing traffic conditions, future traffic conditions, and future build traffic conditions. Traffic analysis shall optimize traffic signals so that the existing traffic conditions show traffic conditions as they exist and with the optimization of traffic signal timing. The future background traffic conditions shall require the optimization of the traffic on the roadways. Future traffic shall be added and the traffic signal timings shall be optimized for a final product.

Accident analysis. Accident data of critical intersections and roadways shall be analyzed.

Speed and delay analysis. Speed and delay analysis of critical roadways shall be provided.

(d)

Gap analysis. Gap studies of critical intersections shall be provided.

(e)

Safety analysis. Analysis shall be made of all entrances and exits to determine if left-turn lanes are warranted. In addition, deceleration and acceleration lanes shall be analyzed to determine if they are needed.

(8)

The developer or applicant's traffic consultant shall provide a trip distribution that will distribute traffic to the surrounding roadway system. The developer or applicant's engineer shall show the percent of the P.M. traffic that the applicant's traffic will be, of the future build traffic at each intersection by approach. If improvements are required on one approach of an intersection only, as a result of a significant impact from the development, defined as an approach where the majority of traffic on the approach caused the need for the proposed improvement on that approach to maintain an adequate level of service, the developer or applicant's pro rata share of the intersection shall be calculated as set forth below. If the required improvements to accommodate the proposed development do not exist, or the existing system does not have adequate capacity to accommodate the anticipated volumes as set forth in the study, the pro rata share shall be the larger of:

The partial cost of a shared improvement where none now exists:

	Total Cost of Improvement divided by Developer/Applicant's Cost
	Equals
	Capacity of Improvement (Peak Hour Volume) divided by Developer Traffic to be Accommodated by the Improvement (Peak Hour Volume); or

The total cost of an improvement designed to accommodate only the development traffic volume if such an alternative is technically possible; or

Off-tract drainage improvements. The applicant's proportionate share of stormwater and drainage improvements including the installation, relocation and replacement of storm drains, bridges, culverts, catch basins, manholes, rip-rap, detention or retention basins, improved drainage ditches and appurtenances associated therewith, shall be determined as follows:

The capacity and design of the drainage to accommodate stormwater runoff shall be based on standards set forth in this chapter, computed by the developer or applicant's engineer and approved by the Planning Board or Zoning Board of Adjustment or City Engineer.

The capacity of the enlarged, extended or improved system required for the subdivision and areas outside of the developer or applicant's tributary to the drainage system shall be determined by the developer or applicant's engineer, subject to the approval of the City Engineer. The plans for the improved system may be prepared by the developer or applicant's engineer or the City Engineer, at the developer or applicant's expense, and the estimated cost of the enlarged system shall be calculated by the City Engineer.

If the required improvements do not exist, or if the existing system does not have adequate capacity to accommodate reasonably anticipated volumes, the pro rata share shall be larger of:

The partial cost of a shared improvement where none now exists:

	Total Cost of Improvement divided by Developer/Applicant's Cost
	Equals
	Capacity of Improvement (cfs, peak twenty-five-year storm) divided by Development Generated Peak Runoff to be Accommodated by Enlargement of the Improvement (cfs, peak twenty-five-year storm); or

The total cost of an improvement designed to accommodate only the development flow, if such an alternative is technically feasible; or

Off-tract sewer improvements.

The capacity and design of sanitary sewer systems shall be based on "Rules and Regulation for the Preparation and Submission for Sewerage Systems," New Jersey Department of Environmental Protection, as well as any and all other design and specifications standards as may be set forth by the City and/or its professionals responsible for approval and oversight of such systems.

The developer or applicant shall be responsible for the entire cost of any off-tract improvements for sanitary sewer systems, including distribution facilities, the installation, relocation or replacement of collector, trunk and interceptor sewers, and the installation, relocation or replacement of other appurtenances associated therewith, that are necessary as a direct result of the proposed development. This shall apply both to the need for any new systems, facilities, appurtenances, etc. as well as the cost to upgrade an existing facility or improvement where said facility or improvement has either insufficient capacity or is otherwise inadequate to service the ends of the developer or applicant's proposed development, but is adequate to service the needs of the present users.