A.
Performance guaranties shall be posted prior to the
granting of final developmental approval.
B.
Performance guaranties shall be submitted in the form
of 20% cash deposited with the City Clerk and 80% in a form acceptable
to the City Solicitor. The amount of guaranty shall be 120% of the
approved estimate of the cost of improvements. They may be usable
at any point by the City for the nonperformance of the subdivider.
Such guaranties shall run for a term of 18 months, subject to extension
by the Board of Commissioners for an additional period of 18 months.
C.
If required improvements have not been installed in
accordance with required standards and specifications of the City
within the time limit or extension, the obligor and surety shall be
liable thereon to the City for all reasonable costs of improvements
not installed, and, upon receipt of the proceeds thereof, the City
shall install such improvements.
D.
Prior to acceptance of a performance bond by the Board
of Commissioners, the Board shall receive the following:
(1)
A letter from the City Engineer stating that the proposed
bond covers all items required.
(2)
A list of the items covered and their cost.
(3)
A letter of approval from the City Solicitor as to
bond form.
(4)
A letter from the City Engineer and Planning Board
stating that the plans meet all specifications.
E.
Following acceptance of a performance guaranty by
the Board of Commissioners, a letter so stating shall be sent to the
Planning Board prior to signing of final plats for the development.
F.
Prior to release of a performance guaranty in full
or part, in accordance with New Jersey law, the Board of Commissioners
shall receive the following:
(1)
A recommendation from the Planning Board.
(2)
As-built plans of all utilities and roads approved
by the City Engineer.
(3)
A statement from the developer or subdivider that
there are no liens or other legal encumbrances on any of the improvements
or utilities to be deeded.
(4)
Deeds, free and clear from all encumbrances, for all
streets, public easements, drainage easements or other dedicated lands.
(5)
An acceptable maintenance guaranty.
All improvements required by the Planning Board
shall, prior to the release of performance guaranties, be covered
by a maintenance bond running in favor of the City in the amount of
15% of the estimated cost of improvements, as determined by the City
Engineer. Said bond shall run for a period of two years following
acceptance by the City and shall provide for proper repair and/or
replacement during this period. In the event that all improvements
have been completed prior to granting of final approval by the Planning
Board, the maintenance bond shall be posted before final plat approval.
Maintenance bonds will be approved as to form by the City Solicitor.
A.
The Board of Commissioners shall not accept any roadway
or other improvement until the maintenance bond has been posted and
all deficiencies corrected or repaired. The City may, however, agree
to perform limited services, if requested in writing by the subdivision
developer and if held harmless for any damages resulting from such
action.
B.
A deed for any roadway or improvement shall be submitted
to the Board of Commissioners prior to being recorded, after the twenty-four-month
period and upon certification from the City Engineer that no further
maintenance is required. The deed will be approved by the City Solicitor
and recorded at the expense of the subdivider.
A.
Any subdivision requiring off-site improvements, as
defined below, shall comply with the provisions of this section.
B.
Definition. An off-site improvement shall be one or
more required improvement(s) necessary for 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 subdivider's property. Off-site improvements shall be required
where:
C.
The proportionate contribution of any such off-site
improvement to the owner or subdivider shall be reasonably related
to the relative benefit or use of the total area served in line with
the following formulas:
(1)
For street widening, 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 other similar
street or traffic improvements, the owner's or subdivider's proportionate
cost shall be 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)
For 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, the owner's or subdivider's proportionate cost shall be
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 estimated daily
use of water for the proposed development. The ratio thus calculated
shall be increased by 10% for contingencies.
(3)
For sanitary sewage distribution facilities, including
the installation, relocation or replacement of collector and interceptor
sewers and the installation, relocation or replacement of other appurtenances
associated therewith, the owner's or subdivider's proportionate cost
shall be 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 subdivider.
(4)
Drainage facility improvements shall be based upon
the percentage relationship between the subdivision acreage and the
total acreage of the drainage basins imparted upon, plus 10% for contingencies.
(5)
Other facilities or services shall be determined by
the Planning Board with advice from the City Engineer by the use of
equitable formulas.
D.
Planning Board determination of required off-site
improvements shall be guided by the articles in this chapter dealing
with zoning districting and such professional advice as it may deem
necessary for the specific project. Once it has determined that one
or more off-tract improvements are necessary, the Planning Board shall
notify the Board of Commissioners, via resolution, of its findings
and shall provide an estimate of cost, a suggested prorated share
for the development in question and the suggested means of payment.
The Planning Board shall not take final action on a preliminary subdivision
until all aspects of such agreements have been mutually agreed to
by the developer or subdivider and the Board of Commissioners has
been advised, in writing, by the Planning Board.
E.
Implementation. Where a performance or maintenance
guaranty is required in connection with an off-site improvement, the
procedures outlined in this article shall be followed. Cash contributions,
where required by agreement, shall be deposited with the City Clerk,
who shall place them in an escrow account for the purposes outlined.
If improvements are not completed within 10 years, the funds shall
be returned to the subdivider or developer under terms outlined by
the City Solicitor. Cash contributions shall not be required where
county or state agencies have jurisdiction over a subject improvement
and where those units require a guaranty that would represent a duplication.
