Borough of Gibbsboro, NJ Improvements

Except where otherwise required by this chapter, streets shall be constructed in conformance with design criteria of the American Association of State Highway and Transportation Officials as given either in Geometric Design Guide for Local Roads and Streets, Part I, or Policy on Geometric Design of Rural Highways.

The minimum pavement thickness on all municipal roads shall be as follows: two inches FABC-1, Mix No. 5, on two inches of bituminous stabilized base course, Mix No. 1, on six inches of quarry-blend soil aggregate, Type 5, Class A, on a prepared natural soil subgrade.

The road subgrade shall be prepared by compacting the existing material to not less than 95% of the maximum standard dry density as determined by ASTM D 698-70. Prior to placement of subbase soil aggregate, the exposed subgrade shall be proof-rolled for the entire limits of the project by equipment of a size and type designated by the Borough Engineer. All unstable areas shall be undercut and refilled with a material approved by the Borough Engineer. If required by the Engineer due to unstable natural soils or anticipated volume and character of traffic loadings, California Bearing Ratio (CBR) tests shall be performed and the minimum pavement requirements increased accordingly.

Storm sewerage. Storm sewerage shall be designed to meet the design requirements and specifications of the Camden County Soil Conservation District and the Borough Engineer.

Street signs. Street name signs shall be of embossed metal with baked enamel finish fixed to weatherproof metal standards.

Curbs and gutters. Curbs and gutters shall be of integral, cement concrete construction.

Sidewalks. Sidewalks shall be made of cement concrete construction not less than four feet wide and four inches deep, except across driveways where they shall not be less than six inches deep.

Streetlighting. Streetlighting shall be of an approved type and installed according to the standards of the electric utility company.

Fire hydrants. Fire hydrants shall be located so that the distance from any building frontage to a fire hydrant is not more than 500 feet, measured along the curb. Closer spacing may be required, and in commercial and industrial areas, the Fire Department shall prescribe the location of hydrants.

Shade trees. Shade trees shall be of a durable species approved by the approving authority and located so as not to heave sidewalks or clog utility lines.

Topsoil. Topsoil shall not be removed from the site or used as spoil, but shall be redistributed in lawn or garden areas. Not less than six inches in depth of topsoil shall be provided in such areas and shall be stabilized by seeding or planting.

Monuments. Monuments shall be of the size and shape required by N.J.S.A. 46:23-9.9 et seq. and shall be placed in accordance therewith.

All of the above-listed improvements shall be subject to inspection by the Borough Engineer, who shall be notified by the developer at least 24 hours prior to the start of construction.

[Amended 5-18-1982 by Ord. No. 82-2; 8-26-1992 by Ord. No. 92-11; 2-13-2019 by Ord. No. 2019-01]

Guarantees: performance guarantee; safety and stabilization guarantee; temporary certificate of occupancy guarantee; maintenance guarantee. Before filing of a final subdivision plats or recording of minor subdivision deeds or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to N.J.S.A. 40:55D-65d, the developer shall provide the Borough with a performance guarantee and a maintenance guarantee for the purpose of assuring the installation and maintenance of certain on-tract improvements and any dedicated off-tract improvements required as a condition of approval. The guaranties shall be in the form authorized by N.J.S.A. 40:55D-53a and approved by the Borough attorney as to form, sufficiency and execution. A developer may be required to provide a safety and stabilization guarantee, and if the developer requests a temporary certificate of occupancy, the developer may also be required to provide a temporary certificate of occupancy guarantee.

Performance guarantee.

The developer shall furnish a performance guarantee in favor of the Borough in an amount not to exceed 120% of the cost of installation of only those improvements required by an approval or developer's agreement, ordinance, or regulation to be dedicated to a public entity, and that have not yet been installed, which cost shall be determined by the Borough Engineer based on documented construction costs for public improvements prevailing in the general area of the Borough, for the following improvements as shown on the approved plans or plat: streets, pavement, gutters, curbs, sidewalks, streetlighting, street trees, surveyor's monuments as shown on the final map as required by the Map Filing Law, (N.J.S.A. 46:23-9.9 et seq.: repealed by Section 2 of Chapter 217 of the Public Laws of 2011), or N.J.S.A. 46:26B-1 through N.J.S.A. 46:26B-8, water mains, sanitary sewers, community septic systems, drainage structures, public improvements of open space, and any grading necessitated by the preceding improvements.

(b)

The Borough Engineers 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.

(c)

Upon the recommendation of the Planning Board or Zoning Board of Adjustment Engineer, in consultation with the Board Planner, the approving authority may require as a condition of approval, that the performance guarantee include as a line item privately owned perimeter buffer landscaping within an approved phase or section of a development. The developer may elect to post a separate performance guarantee for the privately owned perimeter buffer landscaping.

Safety and stabilization guarantee.

A developer shall furnish to the Borough a safety and stabilization guarantee, which at the developer's option may be furnished either as a separate guarantee or as a line item of the performance guarantee. The safety and stabilization guarantee shall be available to the Borough 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 site disturbance has commenced and, thereafter, all work on the development has ceased for a period of at least 60 consecutive days following such commencement for reasons other than force majeure, and work as not recommenced within 30 days following the provision of written notice by the Borough to the developer of the Borough's intent to claim payment under the guarantee. The Borough shall not provide notice of the intent to claim payment under a safety and stabilization guarantee until a period of at least 60 days has elapsed during which all work on the development has ceased for reasons other than force majeure. The Borough shall provide written notice to the developer by certified mail or other form of delivery providing evidence of receipt.

(b)

The amount of a safety and stabilization guarantee for a development with bonded improvements in an amount not exceeding $100,000 shall be $5,000. The amount of the guarantee for a development with bonded improvements exceeding $100,000 shall be calculated as a percentage of the bonded improvement costs of the development or phase of the development as follows: $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.

(c)

The Borough shall release a separate safety and stabilization guarantee to a developer upon the developer's furnishing of a performance guarantee which includes a line item for safety and stabilization in the amount required above.

(d)

The Borough shall release a safety and stabilization guarantee upon the Borough Engineer's determination that the development of the project site has reached a point that the improvements installed are adequate to avoid any potential threat to public safety.

Temporary certificate of occupancy guarantee.

A developer seeking a temporary certificate of occupancy for a development unit, lot, building or phase of development, as a condition of issuance, shall furnish a temporary certificate of occupancy guarantee, in favor of the Borough in an amount equal to 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 a permanent certificate of occupancy for the development unit, lot, building or phase of development and which are not covered by the existing performance guarantee. Upon posting a temporary certificate of occupancy guarantee, all sums remaining under the 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 shall be determined by the Borough Engineer, in consultation with the Borough Code official. At no time may the Borough hold more than one guarantee or bond of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released at the direction of the Borough Council 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.

(4)

Maintenance guarantee.

The developer shall post with the Borough, prior to the release of the performance guarantee, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.

(b)

The developer shall also post with the Borough, upon the inspection and issuance of final approval of the following private site improvements by the Borough Engineer, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the following private site improvements: stormwater management basins, in-flow and water quality structures with basins, and the out-flow pipes and structures of the stormwater management system, if any, which cost shall be determined by the Borough Engineer according to documented construction for costs for public improvements prevailing in the general area of the Township.

(c)

The term of the maintenance guarantee shall be for a period not to exceed two years and shall expire automatically at the end of the term.

Other governmental agencies/public utilities. 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 guarantee to another governmental agency, no performance or maintenance guarantee shall be required by the Borough for such utilities or improvements.

Extensions to complete bonded improvements. The time allowed for installation of the bonded improvements may be extended by resolution of the Borough Council. As a condition or as part of any such extension, the amount of any performance guarantee 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 Borough Engineer according to documented construction costs for public improvements in the Borough as of the time of the passage of the resolution.

Failure to complete or correct bonded improvements. If the required bonded improvements are not completed or corrected in accordance with the performance guarantee, the obligor and surety, if any, shall be liable to the Borough for the reasonable cost of the improvements not completed or corrected and the Borough may either prior to or after the receipt of the proceeds complete the improvements in accordance with the public bidding requirements of N.J.S.A. 40A:11-1 et seq.

Substantial completion/release of performance guarantee.

Upon substantial completion of all required street improvements, other than the top course, and appurtenant utility improvements and their connection to the Borough's utility system, the obligor may request of the Borough Council in writing, sent by certified mail addressed in care of the Borough Clerk, with a copy to the Borough Engineer, that the Borough Engineer prepare, in accordance with the itemized cost estimate appended to the performance guarantee, a list of all uncompleted or unsatisfactorily completed bonded improvements. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. The Borough Engineer shall inspect all bonded improvements covered by the obligor's request and shall file with the Borough Council a detailed written list and report, and shall simultaneously send a copy to the obligor not later than 45 days after receipt of the obligor's request.

The list prepared by the Borough Engineer shall state, in detail, with respect to each bonded 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 bonded improvement determined to be unsatisfactory. The report prepared by the Borough Engineer shall identify each bonded 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 bonded improvement, in accordance with the itemized cost estimate appended to the performance guarantee.

The Borough Council, by resolution, shall either approve the bonded improvements as determined complete and satisfactory by the Township Engineer, or reject any or all of these bonded 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 guarantee relating to the improvements accepted, in accordance with the itemized cost estimate appended to the performance guarantee. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the Borough Engineer. Upon the Borough Council's adoption of the resolution, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 40% of the amount of the total performance guarantee posted may be retained to ensure completion and acceptability of all improvements. The safety and stabilization guarantee shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction.

(4)

For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate provided by the Borough Engineer and appended to the performance guarantee, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the Borough may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of bonded improvements, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the municipality below 30%.

Obligor remedies.

If the Borough Engineer fails to send or provide the list and report as requested by the obligor within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the Borough 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.

If the Borough Council fails to approve or reject the bonded improvements determined by the Borough Engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the Borough 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 guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the Borough Engineer and appended to the performance guarantee; and the cost of applying to the court, including reasonable attorney's fees may be awarded to the prevailing party.

Reduction of cash deposit. In the event that the obligor has made a cash deposit with the Borough 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 developer has furnished a safety and stabilization guarantee, the Borough may retain cash equal to the amount of the remaining safety and stabilization guarantee.

Completion or correction following rejection. If any portion of the required bonded improvements is rejected, the Borough Council may require the obligor to complete or correct such improvements and, upon completion or correction, the same procedure of notification shall be followed.

Right of obligor to pursue legal remedies. 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.

Inspection fees.

The developer shall reimburse the Township for reasonable inspection fees paid to the Borough Engineer for the inspection of improvements. Inspection fees shall be posted in escrow and shall not exceed, except for extraordinary circumstances, the greater of $500 or 5% of the cost of bonded improvements that are subject to a performance guarantee, and not to exceed 5% of the cost of private site improvements that are not subject to a performance guarantee, which costs shall be determined based upon documented construction costs for public improvements prevailing in the general area of the Borough.

For those developments for which the inspection fees total less than $10,000, fees may, at the option of the developer, be paid in two installments. The initial amount deposited in escrow shall be 50% of the inspection fees. When the balance on deposit drops to 10% of the inspection fees because the amount deposited by the developer has been reduced by the amount paid to the Borough Engineer for inspections, the developer shall deposit the remaining 50% of the inspection fees.