Township of Washington, NJ
Burlington County
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Table of Contents
Table of Contents
[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.
[1]
Editor's Note: This ordinance also repealed former § 275-99, Performance guarantees, and § 275-100, Maintenance guarantees.
[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:
(1) 
The existing services in the geographic area or subarea are already operating at a deficient level.
(2) 
The new development will make such present level of service deficient according to engineering and professional standards.
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.