Township of Toms River, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Township Council of the Township of Toms River 12-9-2008 by Ord. No. 4168-08.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Land use and development regulations — See Ch. 348.
Streets and sidewalks — See Ch. 450.
Names of major arteries, streets and highways — See Ch. A602.
Street name changes — See Ch. A610.
[1]
Editor's Note: This ordinance repealed former Ch. 447, Street Acceptance Procedure, adopted 11-27-1973 by Ord. No. 1378 as Ch. 129 of the 1973 Code.

§ 447-1 Application; processing; acceptance; cancellation of bond.

The following procedure shall be followed by each applicant desiring to obtain approval and acceptance of streets and roads into the Municipal Road System, in the Township of Toms River in the County of Ocean, and said procedure shall apply to all streets, avenues and roads constructed under and in accordance with the requirements of the Subdivision Ordinance of the Township of Toms River, and all amendments and supplements thereto:[1]
A. 
Application shall be made in writing, in which the following information shall be furnished:
(1) 
The name of the development or subdivision and the title and filing date of the map of the subdivision or development.
(2) 
The names of the streets or roads and the description giving the extent and limit of each street or road which the Township is being requested to accept.
(3) 
A description of the performance bond, if any, covering the improvements to be constructed in the development.
(4) 
The furnishing of a maintenance bond or guarantee, 10% in cash and 5% in surety bond in a form satisfactory to the Township Attorney, in an amount equal to 15% of the total value of the improvements required by the Subdivision Ordinance[2] as estimated by the Township Engineer.
(a) 
If the developer specifically so agrees, an amount equal to said 10% cash bond may be retained from the cash bond forming part of the total guarantee for the installation of improvements as required under Ordinance No. 1048.[3] Otherwise, the 10% cash bond, together with the 5% surety bond, will be deposited with the Township Engineer, and the Township Engineer shall remit the cash bond to the Township Treasurer, to be held as herein indicated.
[3]
Editor's Note: Said Ord. No. 1048 has been repealed. See now Ch. 348, Land Use and Development Regulations.
(b) 
The guarantee shall remain in full force for a period of two years after final acceptance of said improvements by the Township Council except as hereinafter provided, and shall provide that the developer or principal shall replace, repair or correct all work performed and all materials furnished that are not satisfactory to the Township and according to the requirements of the Subdivision Ordinance and other appropriate ordinances of this municipality. If at the end of two years all work has been performed and all materials furnished to the satisfaction of the Township and in accordance with the requirements of the appropriate ordinances, the bonds shall be released, but otherwise the guarantee shall remain in effect even after the expiration of said two-year period and until such time as the work has been performed and all materials furnished, as aforesaid, and all bonds shall so provide.
(c) 
If any part of the improvements need to be replaced, repaired or corrected during the two-year period, the Township Engineer shall so notify the developer or principal, in writing, and if the developer or principal refuses or neglects to start such work within 10 days from the date of service of written notice, as aforesaid, or at such other later time as the Township Engineer may direct, or if the developer or principal fails to complete such work within the time prescribed by the Township Engineer, then the Township Council shall have the work done by others and the cost thereof shall be paid by the developer or principal and/or deducted from the bonds, as aforesaid.
(d) 
Before the developer or principal is released from the bond aforesaid, the Township Engineer shall certify in writing to the Township Council that the obligations hereunder have been duly performed.
[2]
Editor's Note: See now Ch. 348, Land Use and Development Regulations.
B. 
The request for acceptance shall be referred by the Township Council to the Township Engineer and Director of Public Works for investigation and report.
C. 
Upon receipt of favorable report and recommendation, both from the Township Engineer and the Director of Public Works, the Township Council may accept the designated streets into the Township road system.
D. 
If the developer has posted a performance bond either in the form of a surety bond, cash or its equivalent, he may make written request for cancellation of the bond and/or the return of the cash deposit, after the project has been completed and accepted by the Township of Toms River.
E. 
Notwithstanding anything to the contrary herein contained, the report and recommendation from the Director of Public Works shall be based on a visual inspection only, and the Director of Public Works shall have responsibility only for items that are susceptible of visual observation.
[1]
Editor's Note: See now Ch. 348, Land Use and Development Regulations.

§ 447-2 Application forms.

The Township of Toms River shall supply the forms upon which the applications referred to in the preceding section shall be made in order that all of said applications shall be in standard form.