[Amended in entirety 6-26-18 by Ord. No.
O.2018-015]
(Prior history includes Ord. Nos. O-1-84, O-40-05)
The Planning Board shall be empowered to require that the applicant
furnish a performance bond for off-site and on-site improvements shown
on its site plan for the purpose of guaranteeing the completion of
said improvements as required in this Chapter. Posting of the performance
guaranty shall be in accordance with the provisions of this Chapter.
A.Â
Before recording of final subdivision plats or as a condition of
final approval, the approving authority may require and shall accept
in accordance with the standards adopted by this Chapter for the purpose
of assuring the installation and maintenance of on-tract improvements:
(1)Â
The furnishing of a performance guarantee in favor of the Township
in an amount not to exceed one hundred twenty percent (120%) of the
cost of installation of the following improvements that are to be
dedicated to a public entity, and that have not yet been installed,
as shown on the approved plans or plat: streets, pavement, gutters,
curbs, sidewalks, street lighting, street trees, surveyor's monuments,
water mains, sanitary sewers, community septic systems, drainage structures,
public improvements of open space, and any grading necessitated by
the preceding improvements.
(2)Â
In the case where an approved phase or section of a development is
privately-owned, the perimeter buffer landscaping guarantee shall
be required by the Township as a condition of permit approval. At
the developer's option, a separate performance guarantee may be posted
for the privately-owned perimeter buffer landscaping. The following
forms shall be acceptable:
(a)Â
A cash value equal to one hundred twenty percent (120%) of the
total perimeter buffer landscaping cost;
(b)Â
An irrevocable performance bond in the amount of one hundred
twenty percent (120%) of the perimeter buffer landscaping cost.
The projected cost of the perimeter buffer landscaping shall
be provided by the applicant and shall be based on an approved landscape
plan and plantings within the required landscape buffer.
(3)Â
The cost of the performance guarantee shall be determined by the
Township Engineer, who 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. Said itemization shall be the basis for determining
the amount of performance guaranty and maintenance guaranty required
by the approving authority. The Township Engineer shall forward his
estimate of the cost of improvements to the developer within thirty
(30) days of the date of receipt of a request sent by certified mail
for said estimate.
(4)Â
Prior to the release of a performance guarantee, the furnishing of
a maintenance guarantee in an amount not to exceed fifteen percent
(15%) of the cost of the installation of the improvements which are
being released.
(5)Â
Upon the inspection and issuance of final approval of the following
private site improvements by the Township Engineer, the furnishing
of maintenance guarantee not to exceed fifteen percent (15%) of the
cost of installation of the following private site improvements: stormwater
management basins, in-flow and water quality structures within the
basins, and the out-flow pipes and structures of the stormwater management
system.
(6)Â
The term of the maintenance guarantee shall be for a period not to
exceed two (2) years and shall automatically expire at the end of
the established term.
B.Â
In the event that other governmental agencies or public utilities
automatically will own the utilities to be installed or the improvements
are covered by a performance or maintenance guaranty, to another governmental
agency, no performance or maintenance guaranty, as the case may be,
shall be required for such utilities or improvements.
C.Â
(1)Â
Upon the request of a holder of a permit, the Construction Official
may issue a temporary certificate of occupancy for a building or structure
or part thereof before the entire work covered by the permit shall
have been complete, provided such portion or portions may be occupied
safely prior to full completion of the building or structure with
respect to public safety and welfare. Further, no temporary or final
certificate of occupancy shall be granted until all required utilities,
including but not limited to water, sewer, electric and gas are installed
and in service.
(2)Â
Temporary
certificate of occupancy guarantee. In the event that a developer
shall seek a temporary certificate of occupancy for a development,
unit, lot, building, or phase of development, as a condition of the
issuance thereof, the developer shall furnish a separate guarantee,
referred to herein as a temporary certificate of occupancy guarantee,
in an amount equal to one hundred twenty percent (120%) of the cost
of installation of only those improvements or items which remain to
be completed or installed under the terms of the temporary certificate
of occupancy and which are required to be installed or completed as
a condition precedent to the issuance of the permanent certificate
of occupancy for the development, unit, lot, building or phase of
development and which are not covered by an existing performance guarantee.
Upon posting of a temporary certificate of occupancy guarantee, all
sums remaining under a performance guarantee, which relate to the
development, unit, lot, building, or phase of development for which
the temporary certificate of occupancy is sought, shall be released.
The scope and amount of the temporary certificate of occupancy guarantee
shall be determined by the Township Engineer. At no time may the Township
hold more than one guarantee or bond of this type. The temporary certificate
of occupancy guarantee shall be released by the Township Engineer
upon the issuance of a permanent certificate of occupancy with regard
to the development, unit, lot, building, or phase as to which the
temporary certificate of occupancy relates. The projected cost of
the temporary certificate of occupancy guarantee shall be provided
by the applicant. It shall include items such as, but not limited
to, sidewalks and street trees at the subject property, roadways (including
surface course) from the property to the fully improved roadway; water
and sewer infrastructure from the property to the main, stormwater
conveyance to serve the property, stormwater management structures/basins
for the current project phase. When uncompleted community facilities,
such as recreation, are to be included in the temporary certificate
of occupancy guarantee, it shall be required to the point of fifty
percent (50%) occupancy. Each of these items shall apply for residential
and non-residential projects requiring a temporary certificate of
occupancy.
D.Â
In addition to a performance guarantee required pursuant to this
Chapter, a developer shall furnish to the Township of Winslow a separate
guarantee, referred to herein as a "safety and stabilization guarantee".
The amount of a safety and stabilization guarantee for a development
with bonded improvements in an amount not exceeding one hundred thousand
dollars ($100,000.) shall be five thousand dollars ($5,000.). The
amount of a safety and stabilization guarantee for a development with
bonded improvements exceeding one hundred thousand dollars ($100,000.)
shall be calculated as a percentage of the bonded improvement costs
of the development or phase of development as follows: five thousand
dollars ($5,000.) for the first one hundred thousand dollars ($100,000.)
of bonded improvement costs, plus two and one-half percent (2Â 1/2%)
of bonded improvement costs in excess of one hundred thousand dollars
($100,000.) up to one million dollars ($1,000,000.), plus one percent
(1%) of bonded improvement costs in excess of one million dollars
($1,000,000.). The safety and stabilization guarantee shall be available
to the Township solely for the purpose of returning property that
has been disturbed to a safe and stable condition or otherwise implementing
measures to protect the public from access to an unsafe or unstable
condition, only in the circumstance that: (i) site disturbance has
commenced and, hereafter, all work on the development has ceased for
a period of at least sixty (60) consecutive days following such commencement
for reasons other than force majeure, and (ii) work has not recommenced
within thirty (30) days following the provision of written notice
by the Township to the developer of the Township's intent to claim
payment under the guarantee. The Township shall not provide notice
of its intent to claim payment until a period of at least sixty (60)
days has elapsed during which all work on the development has ceased
for reasons other than force majeure. The Township shall provide written
notice to a developer by certified mail or other form of delivery
providing evidence of receipt. In the event that the developer has
made a cash deposit with the Township as part of the performance guarantee,
then any partial reduction granted in the performance guarantee shall
be applied to the cash deposit in the same proportion as the original
cash deposit bears to the full amount of the performance guarantee,
provided that if the safety and stabilization guarantee is included
as a line item of the performance guarantee, the municipality may
retain cash equal to the amount of the remaining safety and stabilization
guarantee.
E.Â
The amount of any performance guaranty may be reduced by the Township
Committee, by resolution, when portions of the bonded improvements
have been certified by the Township Engineer to have been completed.
The time allowed for installation of the improvements for which the
performance guaranty has been provided may be established by the Township
by resolution.
F.Â
If the required bonded 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 the improvements not completed or corrected, and the Township
may, either prior to or after the receipt of the proceeds thereof,
complete such improvements.
G.Â
When all of the bonded improvements have been completed, the obligor
shall notify the Township Committee, in writing, by certified mail
addressed in care of the Township Clerk, of the completion of said
improvements and shall send a copy thereof to the Township Engineer.
Thereupon the Township Engineer shall inspect all of the bonded improvements
and shall file a detailed report, in writing, with the Township Committee,
indicating either approval, partial approval or rejection of the bonded
improvements with a statement of reasons for any rejection. If partial
approval is indicated, the cost of the bonded improvements rejected
shall be set forth.
[Amended in entirety 6-26-18 by Ord. No.
O.2018-015]
(Prior history includes Ord. Nos. O-04-06, O-18-06)
All of the improvements listed above in § 246-12 shall be subject to inspection and approval by the Municipal Engineer, who shall be notified by the developer at least twenty-four (24) hours prior to the start of construction. No underground installation shall be covered until inspected and approved.
