[Ord. No. 98-21 § 304-28]
a.
Before recording of final subdivision plats or as a condition of
site plan approval or as a condition to the issuance of a zoning permit
pursuant to N.J.S.A. 40:55D-65, the approving authority may require
and shall accept in accordance with the standards adopted by ordinance
for the purpose of assuring the installation and maintenance of on-tract
improvements:
1.
The furnishing of a performance guaranty in favor of the municipality
in an amount not to exceed 120% of the cost of installation, which
cost shall be determined by the Municipal Engineer according to the
method of calculation set forth in N.J.S.A. 40:55D-53.4, for improvements
which the approving authority may deem necessary or appropriate including:
streets, grading, pavement, gutters, curbs, sidewalks, street lighting,
shade trees, surveyor's monuments, as shown on the final map and required
by the Map Filing Law, (N.J.S.A. 46:23-9.9 et seq.), water mains,
culverts, storm sewers, sanitary sewers or other means of sewage disposal,
drainage structures, erosion control and sedimentation control devices,
public improvements of open space and, in the case of site plans only,
other on-site improvements and landscaping. The Municipal Engineer
shall prepare an itemized cost estimate of the improvements covered
by the performance guaranty, which itemized cost estimate shall be
appended to each performance guaranty posted by the obligor.
2.
Provision for a maintenance guaranty to be posted with the Governing
Body for a period not to exceed two years after final acceptance of
the improvement in an amount not to exceed 15% of the cost of the
improvement, which cost shall be determined by the Municipal Engineer
according to the method of calculation set forth in N.J.S.A. 40:55D-53.4.
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 by the municipality for such utilities or improvements.
b.
The time allowed for installation of the improvements for which the
performance guaranty has been provided may be extended by the Governing
Body by resolution. As a condition or as part of any such extension,
the amount of any performance guaranty shall be increased or reduced,
as the case may be, to an amount not to exceed 120% of the cost of
the installation, which cost shall be determined by the Municipal
Engineer according to the method of calculation set forth in N.J.S.A.
40:55D-53.4 as of the time of the passage of the resolution.
c.
If the required improvements are not completed or corrected in accordance
with the performance guaranty, the obligor and surety, if any, shall
be liable thereon to the municipality for the reasonable cost of the
improvements not completed or corrected and the municipality 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.
d.
Incomplete Improvements.
1.
Upon substantial completion of all required street improvements (except
for the top course) and appurtenant utility improvements, and the
connection of same to the public system, the obligor may request of
the Governing Body in writing, by certified mail addressed in care
of the Municipal Clerk, that the Municipal Engineer prepare, in accordance
with the itemized cost estimate prepared by the Municipal Engineer
and appended to the performance guaranty pursuant to Subsection A
of this section, a list of all uncompleted or unsatisfactory completed
improvements. If such a request is made, the obligor shall send a
copy of the request to the Municipal Engineer. The request shall indicate
which improvements have been completed and which improvements remain
uncompleted in the judgment of the obligor. Thereupon the Municipal
Engineer shall inspect all improvements covered by obligor's request
and shall file a detailed list and report, in writing, with the Governing
Body, and shall simultaneously send a copy thereof' to the obligor
not later than 45 days after receipt of the obligor's request.
2.
The list prepared by the Municipal 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 Municipal 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 guaranty
relating to the completed and satisfactory improvement, in accordance,
with the itemized cost estimate prepared by the Municipal Engineer
and appended to the performance guaranty pursuant to paragraph a above.
e.
Approval or Rejection of Improvements.
1.
The Governing Body, by resolution, shall either approve the improvements
determined to be complete and satisfactory by the Municipal 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 to be made in the performance guaranty relating
to the improvements accepted, in accordance with the itemized cost
estimate prepared by the Municipal Engineer and appended to the performance
guaranty pursuant to paragraph a above. This resolution shall be adopted
not later than 45 days after receipt of the list and report prepared
by the Municipal Engineer. Upon adoption of the resolution by the
Governing Body, the obligor shall be released from all liability pursuant
to its performance guaranty, with respect to those approved improvements
except for that portion adequately sufficient to secure completion
or correction of the improvements not yet approved, provided that
30% of the amount of the performance guaranty posted may be retained
to ensure completion and acceptability of all improvements.
2.
Failure to Act.
(a)
If the Municipal Engineer fails to send or provide the list
and report as requested by the obligor pursuant to paragraph d above
within 45 days from receipt of the request, the obligor may apply
to the court in a summary manner for an order compelling the Municipal
Engineer to provide the list and report within a stated time and the
cost of applying to the court, including reasonable attorney's fees,
may be awarded to the prevailing party.
(b)
If the Governing Body fails to approve or reject the improvements
determined by the Municipal Engineer to be complete and satisfactory
or reduce the performance guaranty for the complete and satisfactory
improvements within 45 days from the receipt of the Municipal Engineer's
list and report, the obligor may apply to the court in a summary manner
for an order compelling, within a stated time, approval of the complete
and satisfactory improvements and approval of a reduction in the performance
guaranty for the approvable complete and satisfactory improvements
in accordance with the itemized cost estimate prepared by the Municipal
Engineer and appended to the performance guaranty pursuant to Subsection
A of this section, and the cost of applying to the court, including
reasonable attorney's fees, may be awarded to the prevailing party.
3.
In the event that the obligor has made a cash deposit with the municipality
or approving authority as part of the performance guaranty, then any
partial reduction granted in the performance guaranty pursuant to
this subsection shall be applied to the cash deposit in the same proportion
as the original cash deposit bears to the full amount of the performance
guaranty.
f.
If any portion of the required improvements is rejected, the approving
authority may 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.
g.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
Governing Body or the Municipal Engineer.
h.
The obligor
shall reimburse the municipality for all reasonable inspection fees
paid to the Municipal 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 $500 or 5% of the cost of improvements,
which cost shall be determined pursuant to N.J.S.A. 40:55D-53.4. For
those developments for which the reasonably anticipated fees are less
than $10,000, fees may, at the option of the developer, be paid in
two installments. The initial amount deposited by a developer shall
be 50% of the reasonably anticipated fees. When the balance on deposit
drops to 10% of the reasonably anticipated fees because the amount
deposited by the developer has been reduced by the amount paid to
the Municipal Engineer for inspection, the developer shall deposit
the remaining 50% of the anticipated inspection fees. For those developments
for which the reasonably anticipated fees are $10,000 or greater,
fees may, at the option of the developer, be paid in four installments.
The initial amount deposited by a developer shall be 25% of the reasonably
anticipated fees. When the balance on deposit drops to 10% of the
reasonably anticipated fees because the amount deposited by the developer
has been reduced by the amount paid to the Municipal Engineer for
inspection, the developer shall make additional deposits of 25% of
the reasonably anticipated fees. The Municipal Engineer shall not
perform any inspection if sufficient funds to pay for those inspections
are not on deposit.
i.
In the event that final approval is by stages or sections of development
pursuant to N.J.S.A. 40:55D-38, the provisions of this section shall
be applied by stage or section.
j.
To the extent that any of the improvements have been dedicated to
the municipality on the subdivision plat or site plan, the municipal
Governing Body shall be deemed, upon the release of any performance
guaranty required pursuant to paragraph a above, to accept dedication
for public use of streets or roads and any other improvements made
thereon according to site plans and subdivision plats approved by
the approving authority, provided that such improvements have been
inspected and have received final approval by the Municipal Engineer.
[Ord. No. 98-21 § 304-29; Ord. No. 06-29]
a.
Required. Developers shall be required, as a condition for approval
of a subdivision or site plan, to pay their pro-rata share of the
cost of providing reasonable and necessary street improvements and
water, sewerage and drainage facilities, and easements therefor, located
outside the property limits of the subdivision but necessitated or
required by construction or improvements within the subdivision. The
following criteria shall be utilized in determining a developers proportionate
or pro-rata share of necessary off-tract improvements.
b.
Improvements to be Constructed at the Sole Expense of the Developer.
In cases where the reasonable and necessary need for an off-tract
improvement or improvements is necessitated or required by the proposed
development application and where no other property owners receive
a special benefit thereby, the applicant may be required, as a condition
of approval, at the applicant's sole expense, to provide for and construct
such improvements as if such were an on-tract improvement in the manner
provided hereafter and otherwise provided by law.
c.
Other Improvements. In cases where the need for any off-tract improvements
is necessitated by the proposed development application and where
it is determined that properties outside of the development will also
be benefited by the improvement, the following criteria shall be utilized
in determining the proportionate share of such improvements to the
developer:
1.
Sanitary Sewers.[1] Distribution facilities, including the installation, relocation
or replacement of collector, trunk and interceptor sewers, and the
installation, relocation or replacement of other appurtenances associated
therewith, the applicant's proportionate share shall be computed as
follows:
(a)
The capacity and the design of the sanitary sewer system shall
be based on Rules and Regulations for the Preparation and Submission
of Plans for Sewerage Systems, New Jersey Department of Environmental
Protection and all Matawan Borough Sewer Design standards, including
infiltration standards, and all other Borough stormwater drain standards.
(b)
Capacity of existing system.
(1)
The capacity of the existing system to service the entire improved
drainage area shall be computed. If the system is able to carry the
total developed drainage basin, no improvement or enlargement cost
will be assigned to the developer.
(i)
If the existing system does not have adequate capacity for the
total developed drainage basin, the prorated enlargement or improvement
share shall be computed as follows:
|
Total enlargement or improved cost\Developer's cost
|
=
|
Total tributary gallons per day\Development gallons per day
|
(ii)
If it is necessary to construct a new system in
order to develop the subdivision, the prorated enlargement share to
the developer shall be computed as follows:
|
Total project cost\Developer's cost
|
=
|
Total tributary gallons per day to new system\Development tributary
gallons per day
|
(2)
The plans for the improved system or extended system shall be
prepared by developer's engineer. All work shall be calculated by
the developer and approved by the Borough Engineer.
2.
Roadways. For street widening, alignment, channelization of intersections,
construction of barriers, new or improved traffic signalization, signs,
curbs, sidewalks, trees, utility improvement uncovered elsewhere,
the construction or reconstruction of new or existing streets and
other associated streets or traffic improvements, the applicant's
proportionate cost shall be as follows:
(a)
The Borough Engineer shall provide the applicant's engineer
with the existing and anticipated peak hour flows for the off-tract
improvement.
(b)
The applicant shall furnish a plan for the proposed off-tract
improvement which shall include the estimated peak hour traffic generated
by the proposed development. The ratio of the peak hour traffic generated
by the proposed development to the future peak hour traffic shall
form the basis of the proportionate share. The prorated share shall
be computed as follows:
|
Total cost of the roadway improvement and/or extension\Developer's
cost
|
=
|
Future peak hour traffic\Future peak hour traffic generated
by the developer
|
3.
Drainage Improvements. For stormwater and drainage improvements,
including the installation, relocation or replacement of storm drains,
culverts, catch basins, manholes, rip-rap or improved drainage ditches
and appurtenances thereto and relocation or replacement of other storm
drainage facilities or appurtenances associated therewith, the applicant's
proportionate share shall be determined as follows:
(a)
The capacity and the design of the drainage system to accommodate
stormwater runoff shall be based on a method described in Urban Hydrology
for Small Watershed Technical Release 55, Soil Conservation Service
United States Department of Agriculture, January 1975, as amended,
computed by the developer's engineer and approved by the Borough Engineer.
(b)
The capacity of the enlarged, extended or improved system required
for the subdivision and areas outside of the developer's tributary
to the drainage system shall be determined by the developer's engineer
subject to approval of the Borough Engineer. The plans for the improved
system shall be prepared by the developer's engineer, and the estimated
cost of the enlarged system calculated by the Borough Engineer. The
prorated share for the proposed improvement shall be computed as follows:
|
Total enlargement or improvement cost of drainage facilities\Developer's
cost
|
=
|
Total tributary cubic feet per second\Development cubic feet
per second
|
4.
Recreation Areas in Multifamily Dwelling Applications. It shall be
established for applications of multi-family dwellings that are deficient
and do not provide a recreation area, the following contribution schedule
to be applied uniformly upon the granting of any preliminary and Final
Site Plan Approval for multi-family dwellings that are deficient in
any recreational amenities for the recreational needs of the development
residence. The schedule shall be as follows:
(a)
Recreation:
(1)
Passive recreation areas such as pathways, natural woods and
fields, seating areas and lawns shall be provided suitably arranged,
throughout any multi-family site as defined in this chapter.
(2)
In addition, an active recreation area or areas shall be provided
at the rate of at least 250 square feet per dwelling unit. Outdoor
play equipment shall be installed in each recreation area in sufficient
amount of variety to serve the occupants of the multi-family site.
(3)
Contributions in lieu f active
recreation areas. If the required recreation area, or any part thereof,
is not provided, then a contribution in lieu of the same shall be
made to the Borough's Recreation Fund in accordance with the following
formula:
[a]
Total Deficiency of recreation area in square feet multiplied
by the sum of $30 per square foot for that portion of the total development
area lying in any residential zone.
[b]
The sum of $50 per square foot for that portion of the total
development area lying in any business/ commercial/mixed use, industrial
or other zones.
d.
Escrow Accounts. Where the proposed off-tract improvement is to be
undertaken at some future date, the moneys required for the improvement
shall be deposited to the credit of the Borough in a separate account
until such time as the improvement is constructed. If the off-tract
improvement is not begun within 10 years of deposit, all moneys and
interest shall be returned to the applicant.
e.
Computation of Pro-Rata Share. In any case in which an applicant
shall not provide the approving authority with the estimates of a
traffic consultant and/or consulting engineer with regard to estimated
improvement costs and all other information necessary to proportion
costs, the approving authority may rely on the estimates of the Borough
Engineer.
