[Amended 10-16-1990 by Ord. No. 90-59]
A.
Before final approval of a site plan or major subdivision, the approving
authority shall require that the developer furnish performance and
maintenance guarantees on properties to be dedicated to the Township
or any other public entity, which have not yet been installed, in
order to assure the ultimate installation and upkeep of the following:
[Amended 9-11-2018 by Ord. No. 2018-16]
(1)
Streets.
(2)
Pavement.
(3)
Gutters.
(4)
Curbs or other street borders.
(5)
Sidewalks or other pedestrian accessways.
(6)
Streetlighting.
(7)
Shade trees.
(9)
Water mains.
(10)
Sanitary sewers.
(11)
Community septic systems.
(12)
Drainage structures.
(13)
Public improvements of open space.
(14)
Any grading necessitated by the preceding improvements.
B.
All improvements shall be designed, constructed and
placed in accordance with any applicable standards and specifications
of the Township or county, state or federal regulatory agencies.
C.
The developer shall not construct improvements prior to final approval and filing of the final plat, with the exception of preliminary or site improvements which are specified in the preliminary approval by the Planning Board or Board of Adjustment as authorized to be constructed prior to final approval, so long as necessary zoning permits have been procured and there shall be no removal of or disturbance of any tree or trees. Demolition of existing buildings, structures and improvements may occur upon granting of preliminary approval, provided that final construction drawings have been received and approved by the Township Engineer as specified under § 130-36; the developer will not remove or disturb any tree, vegetation and/or underbrush, or in any other manner clear the site, as specified under § 130-52; the appropriate Board is noticed 10 days prior to the start of demolition; performance guaranties have been posted and any zoning permits required under Chapter 213 have been received; and inspection fees are paid as specified in this chapter, seven days prior to the start of demolition.
D.
As to site plans only, the developer shall be required to furnish performance and maintenance guarantees only for improvements to existing public facilities or facilities which will have off-site or off-tract effects. The installation of other on-site improvements and landscaping (other than those associated with buffers) shall be insured pursuant to the site plan compliance review procedure set forth in § 130-98 of the chapter. The Township Engineer shall in his sole discretion determine whether any particular improvement shall be bonded in accordance with this provision.
[Added 9-11-2018 by Ord.
No. 2018-16]
E.
Before final approval of a site plan or major subdivision, the approving authority shall require that the developer furnish performance and maintenance guarantees in order to assure the ultimate installation and upkeep of perimeter or buffer landscaping, as required by Township ordinance or as a condition of the approval. The developer has the option to provide separate bonding for these improvements as opposed to the improvements referenced in Subsection A, hereinabove.
[Added 9-11-2018 by Ord.
No. 2018-16]
F.
Performance guarantees for temporary certificates of occupancy.
[Added 9-11-2018 by Ord.
No. 2018-16]
(1)
The developer may furnish a separate performance guarantee equal
to 120% of the remaining improvements or items connected to the temporary
certificate of occupancy as a condition precedent to issuance of a
permanent certificate of occupancy. This guarantee shall apply if
and when the developer seeks a temporary certificate of occupancy
for a development, unit, lot, building or phase of development.
(2)
The scope and amount of the temporary certificate of occupancy guarantee
shall be determined by the Zoning Officer or the Municipal Engineer
who are hereby both designated by ordinance.
(3)
The temporary certificate of occupancy guarantee shall be released
by the Zoning Officer or Municipal Engineer upon the issuance of a
permanent certificate of occupancy.
G.
Safety and stabilization guarantee.
[Added 9-11-2018 by Ord.
No. 2018-16]
(1)
At a time when all work on a development has been ceased for a period
of 60 consecutive days, regardless of any reason other than a force
majeure event or events, the Township may send written notification
to the developer of its intention to claim payment under the safety
and stabilization guarantee. This guarantee can be submitted only
if all work on the development has been ceased for a period of a minimum
of 60 days. At the time that the developer posts this guarantee, it
has the option of providing a separate guarantee or containing the
guarantee as a separate line item under a separate performance guarantee.
(2)
Notification from the Township to the developer will be provided
by certified mail, return receipt requested, or other form of delivery
which will provide evidence of receipt.
To determine the required improvements, the
Board will consider:
B.
The necessity of safe, convenient and pleasant means
for the movement of traffic.
C.
The protection of the public health, safety, comfort,
convenience and general welfare.
D.
The presentation of the ecology and natural environment
to the extent that the provision of necessary public services allows
the preservation of such environment.
No certificate of occupancy shall be issued
for any use or building involving the installation of utilities or
street improvements, parking areas, buffer areas, storm drainage facilities,
the alteration of the existing grade on a lot or the utilization of
a new on-site well or sanitary disposal system unless the Township
Engineer or other appropriate authority shall have, where applicable,
certified to the following;
A.
Utilities and drainage. All utilities, including but
not limited to storm drains and streetlighting, shall have been properly
installed and serviced to the lot, building or use.
B.
Grading of street rights-of-way. All street rights-of-way
necessary to provide access to the lot in question shall have been
completely graded, and all slope-retaining devices or slope plantings
shall have been installed.
C.
Sidewalks. All sidewalks necessary to provide access
to the lot in question shall have been properly installed.
D.
Curbing, parking areas and streets. Curbing, driveways,
complete parking areas and the bituminous base course necessary to
provide access to the proposed lot, building or use shall have been
properly installed.
E.
Roadway obstructions. All exposed obstructions in
bituminous concrete streets, such as manhole frames, water boxes,
gas boxes and the like, shall be protected by building to the top
of such exposures with bituminous concrete, as directed by the Township
Engineer.
F.
Buffer areas and grading of lots. The lot in question
shall have been fully graded, and all lot grading on adjacent areas
affecting drainage on or across the lot in question shall be complete,
and all plantings and required buffer areas or fences shall have been
provided or bonded in accordance with the requirements of the approved
final plat, if any, or as required by the Township Engineer to permit
proper surface drainage and prevent erosion of the soils.
G.
On-site wells. All on-site wells shall have been installed,
tested and approved by the Township.
[Amended 3-4-2003 by Ord. No. 2003-31]
H.
On-site sanitary disposal systems. All on-site sanitary
disposal systems shall have been installed and approved by the Township.
[Amended 3-4-2003 by Ord. No. 2003-31]
I.
Public water supply. Where the proposed lot, building
or use is served by a public water supply, the supply shall have been
installed and tested, and all required fire hydrants or fire connections
shall have been installed, tested and approved.
J.
Street signs and traffic control devices. All street
signs and/or traffic control devices affecting the proposed lot, building
or use and required under the terms of approval of a final plat or
by federal, state, county or municipal rules, regulations or laws
shall have been installed.
K.
Other. Any other conditions established for issuance
of a certificate of occupancy by the Board as a condition of final
approval shall be complied with.
L.
This subsection shall be applicable to all subdivisions,
site plans and all individual dwelling unit site disturbances.
M.
Completion of or posting of a performance bond guaranteeing
the completion of all required recreational areas as required by the
Township of Stafford.
N.
For nonresidential site plans, completion of and the
posting of a maintenance bond for all improvements or in the case
that all improvements have not been installed, then the posting of
a performance bond guaranteeing the completion of all required on-site
improvements required as part of the approved site plan.
[Added 10-16-1990 by Ord. No. 90-59]
A.
General requirements. At least 72 hours prior to the
beginning of construction or installation of any required improvements,
the developer shall notify the Township Engineer, in writing, of the
developer's intention to commence such work. All improvements, except
as otherwise provided, shall be subject to inspection and approval
by the Township Engineer. No underground installation shall be covered
until inspected and approved by the Township Engineer or those agencies
having jurisdiction over the particular installation. If such installation
is covered prior to inspection, it shall be uncovered or other inspection
means used, such as television or other pipeline camera, as may be
deemed necessary by the Township Engineer, and charges for such work
will be paid for by the developer. The appropriate engineer shall
be notified by the developer at least 48 hours prior to the start
of construction.
[Amended 9-2-1997 by Ord. No. 97-80]
B.
Inspection not acceptance. Inspection of any work
by the Township Engineer or his authorized representative shall not
be considered to be final approval or rejection of the work but shall
only be considered to be a determination of whether or not the specific
work involved was being done to Township specifications or other required
standards at the time of inspection. Any damage to such work or other
unforeseen circumstances, such as the effect of the weather, other
construction, changing conditions, settlement, etc., between the time
of installation and the time that the developer wishes to be released
from his performance guaranty shall be the full responsibility of
the developer, and the work shall not be considered accepted until
release of the performance guaranty.
C.
Payment to contractors. No developer shall enter into
any contract requiring the Township Council, the Township Engineer
or any of their agents, employees or other representatives to make
any declarations, written or otherwise, as a condition of payment
of the developer to a contractor as to the acceptance or rejection
of the work. Neither the Township Council, the Township Engineer nor
any of their agents, employees or representatives shall make any such
declaration.
[Amended 11-21-1989 by Ord. No. 89-67; 7-7-1992 by Ord. No. 92-43; 9-2-1997 by Ord. No. 97-80]
A developer shall comply with the provisions
of N.J.S.A. 40:55D-53 through 40:55D-53.6 and all subsequent amendments
and revisions pertaining to inspection escrows.
[Amended 1-31-1989 by Ord. No. 89-10; 8-21-1990 by Ord. No. 90-46; 10-16-1990 by Ord. No.
90-59; 11-1-1990 by Ord. No. 90-61; 11-21-1991 by Ord. No. 91-67; 2-7-1995 by Ord. No. 95-17; 8-6-1996 by Ord. No. 96-49; 9-2-1997 by Ord. No. 97-80]
A.
A developer must comply with N.J.S.A. 40:55D-53 through
40:55D-53.6 and all subsequent amendments and revisions pertaining
to performance guaranties. An amount equal to 10% of the performance
guaranty required by the Township shall be posted in cash by the developer.
The balance of the performance guaranty shall be posted by the developer
in the form of a performance bond or letter of credit in the form
authorized by the Department of Community affairs pursuant to N.J.S.A.
40:55D-53a. If the developer does not submit a performance guaranty
or letter of credit in the form authorized by the Department of Community
Affairs, then the performance bond or letter of credit must be in
a form approved the Township Attorney.
[Amended 12-18-2001 by Ord. No. 2001-91]
B.
The amount of performance guaranty may be revised
by the Township Council from time to time to update estimated costs
and corresponding performance bond amounts for all remaining work.
This shall be done at the two-year anniversary date from the final
application for approval for each successive two years thereafter.
If the required improvements have not been installed in accordance
with the performance guaranty the obligor and surety shall be liable
thereon, at the option of the municipality, for the reasonable costs
of the improvements not installed, and upon receipt of the proceeds
thereof, the municipality shall install such improvements or provide
for the completion of all required improvements. The Township Engineer's
certification that the developer has satisfactorily installed or has
defaulted in meeting the required standards of the construction shall
be the basis for the governing body's action which accepts or rejects
the improvements, withholds approval or may extend the time allowed
for installation of the improvements. All costs of installation of
improvements shall be estimated by the Township Engineer in accordance
on documented costs for public improvements prevailing in the general
area of the Township.
C.
When all the required improvements have been completed,
or substantially completed as provided in N.J.S.A. 40-55D-53(d), the
developer may request the Township Council, in writing, by certified
mail addressed to the Township Clerk, that the Township Engineer prepare
a list and report of all uncompleted or unsatisfactorily completed
improvements. The request shall include the following:
(1)
A statement by the applicant indicating the
construction has been completed in accordance with the approved plans
and specifications and that reproducible as-built plans have been
transmitted to the Township Engineer.
(2)
A statement by the applicant indicating which
improvements remain uncompleted.
(3)
One reproducible copy, on material acceptable
to the Engineer, and three prints of the as-built plans marked with
the approval of the Engineer as follows:
|
RECORD PLANS
| ||
|---|---|---|
|
Contractor
| ||
|
Accepted by Township Engineer
| ||
|
|
| |
|
Date
| ||
(4)
If appropriate, such legal documents as are
necessary to convey the interests in the facilities to the Township.
(5)
If appropriate, such legal documents as are
necessary to convey title to all required lands or easements to the
Township.
(6)
Maintenance guaranty equal to 15% of the performance
guaranty assuring the satisfactory performance of completed systems
for a period of two years.
(7)
Affidavit that all contractors, subcontractors
and materialmen have been paid.
[Amended 10-16-1990 by Ord. No. 90-59; 2-7-1995 by Ord. No. 95-17; 8-6-1996 by Ord. No. 96-49; 9-2-1997 by Ord. No. 97-80; 9-11-2018 by Ord. No. 2018-16]
A.
Maintenance guarantees. Maintenance guarantees shall be posted with
the Township prior to the release of performance guarantees and will
cover the installation of improvements being released. The developer
shall also post a guarantee for the private site improvements in an
amount equal to 15% of their costs. The following site improvements
are covered by the aforementioned maintenance guarantee:
B.
Site inspection fees.
(1)
Inspection fees shall not exceed the greater of $500 or 5% of
the cost of the bonded improvements unless there are "extraordinary
circumstances" requiring a different amount and, with respect to private
site improvements, no more than 5% of their costs.
(2)
The Township is permitted to require the developer to deposit
additional funds, provided that a specific written request is made
by and signed by the Township Engineer. That request will inform the
developer of the need for the additional inspections and detail the
items or undertakings that require inspections. It will provide an
estimate of the time period for the inspections and set forth an estimate
of the cost of performing the inspections.
