For purposes of this section, the term "public improvements"
shall mean streets, grading, pavement, gutters, curbs, sidewalks,
streetlighting, street signs, shade trees, surveyor's monuments, fire
prevention features, water mains, culverts, storm sewers, sanitary
sewers or other means of sewage disposal (excluding individual subsurface
sewage disposal systems intended to serve individual lots), drainage
structures, erosion control and sedimentation devices, landscaping,
public improvements of open space and, in the case of site plans only,
other on-site improvements.
A.
Requirements specific to major subdivisions.
(1)
No final major subdivision plat (whether for an entire tract
or a section thereof) shall be recorded unless:
(a) The Township Engineer has certified to the Board
that all public improvements required by the preliminary subdivision
approval have been satisfactorily completed; or
(b) Specific language has been included in the approval
resolution of the Land Use Board which requires the developer and
its successors in interest both to enter into an agreement with the
Township Council to provide any and all easements necessary for required
public improvements and to install and maintain all required public
improvements, including language which limits and/or phases the development
of the subdivision in order to ensure the orderly construction of
the public improvements and the installation of the public improvements
on or before an agreed date by the filing of a performance guarantee
in accordance with § 190-902D hereinbelow.
[Amended 7-18-2006 by Ord. No. 2006-14]
(2)
No construction permit shall be issued for any building within
the subdivision until the developer has satisfactorily completed the
following public improvements in accordance with the approved subdivision
plans and construction plans required by § 190-902E(4) hereinbelow:
(a) All required utility installations and their appurtenances,
including water mains, drainage and detention facilities, culverts,
storm sewers, sanitary sewers and public improvements of open space;
(b) All required grading and the macadam base course
surfacing of all streets;
(c) Construction of all required curbs; and/or
(d) Filed with the Township a performance guarantee
in accordance with § 190-902D of this chapter sufficient
in amount to cover the cost of all remaining required improvements,
as estimated by the Township Engineer, and assuring the installation
of said improvements on or before an agreed date and as hereinafter
provided.
(3)
No certificate of occupancy shall be issued for any dwelling
within the subdivision except in compliance with the provisions for
certificate of occupancy specified in § 190-1002E of this
chapter.
(4)
Unless provided otherwise elsewhere in this chapter or within
the approval resolution of the Land Use Board, the required improvements
shall be at least 50% completed as to each category set forth in the
performance guarantee within one year from the date of final approval
or by such time as 50% of the lots in the section in question have
been conveyed in any manner by the developer, whichever shall first
occur. At least 75% of the improvements shall be completed as to each
category as set forth in the performance guarantee within 18 months
from the date of final approval, or at such time as 75% of the lots
in the section in question have been conveyed in any manner by the
developer, whichever shall first occur. Such improvements shall be
100% completed and accepted by the Township within two years from
the date of final approval or at such time as all of the lots in the
section in question shall first occur.
[Amended 7-18-2006 by Ord. No. 2006-14]
(a) It is the intention of the Township Council that
the foregoing requirements accomplish the following:
[1] Provide to those living in each new section of
a subdivision a lot that is as complete as possible with respect to
tract and individual lot improvements; and
[2] Protect the interests of the general public and
residents of the development in the total completion of the development.
(b) In the case of subdivision having final approval
by stages or sections, the requirements of this subsection shall be
applied by stage or section.
B.
Requirements specific to major site plans. No final major site
plan application (whether for an entire tract or a section thereof)
shall be approved by the Board unless:
(1)
The Township Engineer has certified to the Board that all public
improvements required by the preliminary site plan approval have been
satisfactorily completed; or
(2)
The applicant, with the approval of the Land Use Board, has
entered into a developer's agreement with the Township in a form satisfactory
to the Township Attorney and authorized by the governing body, requiring
the installation and maintenance by the applicant (and the applicant's
successors in interest) of the public improvements, imposing such
limitations upon, and/or staging of, the development of the site as
are necessary to ensure orderly construction of the public improvements
on or before an agreed upon date by the filing of a performance guarantee
in accordance with § 190-902D of this chapter.
[Amended 7-18-2006 by Ord. No. 2006-14]
C.
Requirements specific to minor subdivisions and minor site plans.
In the case of a minor site plan and/or minor subdivision, in the
event that the developer elects to complete all improvements without
posting the performance guarantee specified in § 190-902D
hereinbelow, no development, clearing or construction shall be commenced
until a revised, finalized plan is submitted and signed, incorporating
all conditions of approval.
(1)
The developer shall still post the inspection escrow and notify
the Township Engineer prior to commencement of work.
(2)
The Administrative Officer shall have the power to waive the
requirement of an inspection escrow for minor site plans only where
the site improvements are established to be less than $3,500, in which
case the Township building inspection staff shall perform the inspections,
and notice of work to be commenced shall be given to the Township
Uniform Construction Code Official instead of to the Township Engineer.
(3)
Whether or not an inspection escrow is required, all site improvements
under this subsection must be completed prior to the issuance of a
certificate of occupancy or within 120 days of a temporary certificate
of occupancy if the performance guarantee covering the balance of
the uncompleted improvements has been posted.
D.
Performance guarantee.
(1)
Estimate.
(a) A performance guarantee estimate shall be prepared
by the Township Engineer for review and approval, setting forth all
required improvements as determined by the Board and their estimated
cost, provided that no performance guarantee shall be required for
the installation of utilities when said utility improvements will
be installed by the applicable utility company. Any adjustment in
the amount of the performance guarantee shall be approved by resolution
of the Township Council.
(b) The cost of the installation of the required improvements
shall be estimated by the Township Engineer based on documented construction
costs for public improvements prevailing in the general area of the
Township. The developer may appeal the Township Engineer's estimate
to the Township Council. The Township Council shall decide the appeal
within 45 days of receipt of the appeal in writing by the Township
Clerk. After the developer posts a guarantee with the Township based
on the cost of the installation of improvements as determined by the
Township Council, he may institute legal action within one year of
the posting in order to preserve the right to a judicial determination
as to the fairness and reasonableness of the amount of the guarantee.
(2)
The developer shall present two copies of the performance guarantee
in an amount equal to 120% of the approved construction cost performance
guarantee estimate for approval as to form and execution by the Township
Attorney; additional copies of the performance guarantee shall be
forwarded by the owner to the Land Use Board. The performance guarantee
estimates, as prepared by the Township Engineer and approved by the
Township Council, shall be appended to each performance guarantee
posted by the obligor.
[Amended 7-18-2006 by Ord. No. 2006-14]
(3)
Payment.
(a) The performance guarantee shall be made payable
and deposited to the Township of Allamuchy and shall be in the form
of cash, irrevocable letter of credit or certified check or a performance
bond in which the developer shall be principal, the bond to be provided
by an acceptable surety company licensed to do business in the State
of New Jersey. Irrevocable letter of credit shall be accepted only
pursuant to N.J.S.A. 40:55D-53.5. The Township shall issue its receipt
for such deposits and shall cause the same to be deposited in the
name of the Township to be retained as security for completion of
all requirements and to be returned to the owner on completion of
all required work or, in the event of default on part of the applicant,
to be used by the Township to pay the cost and expense of obtaining
completion of all requirements.
(b) The developer shall provide a written agreement
from his/her lending institution stating that the lending institution
agrees to the time period(s) required for the completion of the improvements
and to the release of the guarantee by the Township Council in accordance
with § 190-902G of this chapter.
(4)
Ten percent of the amount of the approved performance guarantee
shall be deposited by the developer in cash with the Township. The
remaining 90% may be in cash, irrevocable letter of credit or surety
bond. In the event of default, the 10% in cash shall be first applied
to the completion of the requirements and any bidding and legal costs
associated therewith, and the remaining 90% cash, letter or credit
or surety bond shall thereafter be resorted to, if necessary, for
the completion of the requirements and any additional bidding and
legal costs associated therewith.
E.
Start of construction. Construction, land disturbance or clearing
pursuant to any site plan or subdivision approval shall not commence
until:
(1)
The developer has paid all fees and the performance guarantee
required by this chapter and has submitted a certificate from the
Township Tax Collector that all taxes and assessments are paid to
date;
(2)
The developer has received all other governmental approvals
required by the Board's resolution of memorialization granting subdivision
and/or site plan approval;
(3)
All revisions to the submitted plat or plan required by the
Board at the time of subdivision or site plan approval have been filed
with and approved by the Township Engineer and any other individual
or group as may have been specified by the Board in the applicable
resolution of memorialization granting subdivision and/or site plan
approval;
(4)
All other conditions of approval shall be met prior to the start
of construction except as noted in the Board's resolution of memorialization
granting subdivision and/or site plan approval;
(5)
The developer's construction plans have been filed with and
approved by the Township Engineer;
(6)
The developer has had a preconstruction meeting with the Township
Engineer in accordance with § 190-1002A of this chapter
for the purpose of forecasting and resolving problems that may arise
during the time of construction;
(7)
Unless otherwise waived by the Board, the developer has staked
out the limits of disturbance on site with orange stakes by a licensed
land surveyor and has erected orange blaze snow fences along said
line(s) and the Township Engineer has inspected and verified that
the delineated limits correspond to the limits of disturbance shown
on the approved plans;
(8)
The developer has submitted at least seven days prior to any
construction all shop drawings and manufacturer's information for
all precast concrete drainage structures and piping, sanitary sewer
structures and piping, water mains and appurtenances, lighting systems,
retaining walls and any other similar improvements as requested by
the Township Engineer, and the Township Engineer has approved the
submitted shop drawings and manufacturer's information prior to the
developer ordering said materials; and
(9)
Regarding final major subdivisions only, the developer has posted
the sales map as required by § 190-805 of this chapter in
a prominent location in all offices from which sales of property in
the subdivision development will be conducted.
F.
Inspection and tests. All public improvements and utility installations
for site plans, subdivisions, plot plans and other realty improvements
shall be inspected during the time of their installation under the
supervision of the Township Engineer in order to ensure satisfactory
completion. The cost of said inspection shall be the responsibility
of the developer who shall deposit with the Chief Financial Officer
of the Township inspection fees in accordance with § 190-901D
of this chapter. The Township Engineer shall not perform any inspection
if sufficient funds to pay for those inspections are not on deposit.
Failure of the developer to deposit the required inspection fees will
subject the developer to a stop-work order and/or suspension of construction
permits.
(1)
In no case shall any paving work be done without permission
from the Township Engineer. At least one calendar week's notice shall
be given to the Township Engineer prior to any construction so that
he or a qualified representative may be present at the time the work
is to be done.
(2)
Surface top course shall not be placed on streets and within
parking lots until all heavy construction is completed and permission
is granted by the Township Engineer.
(a) Prior to the placement of the surface course, an
as-built survey plan, pursuant to the requirements in § 190-902H(4)
of this chapter, signed and sealed by a licensed land surveyor, must
be submitted to the Township Engineer for review and approval to demonstrate
that underground utilities, drainage systems, sanitary sewer systems,
base pavement, curbs, and similar required improvements have been
installed to the elevations approved by the Land Use Board.
[Amended 7-18-2006 by Ord. No. 2006-14]
(b) Prior to the placement of the surface course, the
frames of utility, drainage, and sanitary sewer structures shall be
adjusted to meet final roadway grades and all defects to roadway improvements
and utilities identified by the Township Engineer remedied to his/her
satisfaction.
(c) Shade trees shall not be planted until all grading
and earthmoving is completed.
(d) The placing of surveyor's monuments shall be among
the last operations.
(3)
The Township Engineer's office shall be notified at least two
working days, and seven days in the case of paving, prior to the commencement
of the following phases of work so that he or a qualified representative
may inspect the work:
(g) Drainage pipes and other drainage construction.
(j) Sanitary sewers and pump stations.
(k) Detention and/or retention basins.
(l) Topsoil, seeding and planting.
(n) Potable water facilities.
(4)
Any improvement installed contrary to the plan or plat approval
by the Township shall constitute just cause to void the municipal
approval.
(a) The developer shall submit to the Township Engineer
grade sheets for storm sewer systems, sanitary sewer systems, water
main systems, curbs and other similar improvements as deemed necessary
by the Township Engineer to verify that such improvements are being
constructed to the elevations shown on the approved plans.
(b) Construction shall not commence on said improvements
until such time as the grade sheets are reviewed and approved by the
Township Engineer.
(5)
Any improvement installed without notice for inspection pursuant
to § 190-902F(1) hereinabove shall constitute just cause
for:
(a) Removal of the uninspected improvement;
(b) The payment by the developer of any costs for material
testing;
(c) The restoration by the developer of any improvements
disturbed during any material testing; and/or
(d) The issuance of a stop-work order by the Township
Engineer pending the resolution of any dispute.
(6)
Inspection by the Township of the installation of improvements
and utilities shall not operate to subject the Township of Allamuchy
to liability for claims, suits or liability of any kind that may at
any time arise because of defects or negligence during construction
or at any time thereafter; it being recognized that the responsibility
to maintain safe conditions at all times during construction and to
provide proper utilities and improvements is upon the owner and his
contractor, if any.
(7)
Upon substantial completion of all required street improvements
(except for the surface top course) and appurtenant utility improvements
and the connection of same to the public system, the obligor may request
of the Township Council, in writing, by certified mail in care of
the Township Clerk, that the Township Engineer prepare in accordance
with the itemized cost estimate prepared by the Township Engineer
and appended to the performance guarantee pursuant to § 190-902D(2)
of this chapter, a list of all uncompleted or unsatisfactory completed
improvements.
(a) If such a request is made, the obligor shall send
a copy of the request to the Township Engineer. The request shall
indicate which improvements have been completed and which improvements
remain uncompleted in the judgment of the obligor.
(b) Any request by the obligor for a reduction in the
amount of the performance guarantee for such items as detention basins,
storm sewers, sanitary sewers, streets, curbs and similar improvements
must be supported by an as-built survey plan pursuant to the requirements
in § 190-902H(4) of this chapter.
(c) The Township Engineer shall inspect all the improvements
covered by the obligor's request and shall file a detailed list and
report, in writing, with the Township Council and shall simultaneously
send a copy thereof to the obligor not later than 45 days after receipt
of the obligor's request.
(d) If the Township Engineer fails to send or provide
the list and report, as requested by the obligor, within 45 days from
the receipt of the request, the obligor may apply to the Court in
a summary manner for an order compelling the Township 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.
(8)
The list prepared by the Township Engineer pursuant to § 190-902F(7)
hereinabove 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 Township 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 guarantee relating
to the completed and satisfactory improvement, in accordance with
the itemized cost estimate prepared by the Township Engineer and appended
to the performance guarantee pursuant to § 190-902D(2) of
this chapter.
G.
Release. The Township Council, by resolution, shall either approve
the improvements determined to be complete and satisfactory by the
Township 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
guarantee relating to the improvements accepted, in accordance with
the itemized cost estimate prepared by the Township Engineer and appended
to the performance guarantee pursuant to § 190-902D(2) of
this chapter. This resolution shall be adopted not later than 45 days
after receipt of the list and report prepared by the Township Engineer.
(1)
Upon adoption of the resolution by the Township Council, the
obligor shall be released from all liability pursuant to its performance
guarantee 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 guarantee posted may be retained to ensure completion
and acceptability of all improvements.
(2)
In the event that the obligor has made a cash deposit with the
Township or approving authority 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.
(3)
If any portion of the required improvements is rejected, the
obligor shall complete or correct such improvements and, upon completion
or correction, shall notify the Township Council as specified in § 190-902F(7)
of this chapter, and the same procedures shall be followed as in the
first instance.
(4)
Prior to the approval by the Township Council of the final reduction
and release of the performance guarantee, all easements and open space
shall be conveyed to the Township or such other grantee as specified
on the final plat by deed containing a metes-and-bounds legal description.
(5)
If the Township Council fails to approve or reject the improvements
determined by the Township 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 Township 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 Township
Engineer and appended to the performance guarantee pursuant to § 190-902D(2)
of this chapter, and the cost of applying to the Court, including
reasonable attorney's fees, may be awarded to the prevailing party.
H.
Conditions and acceptance of improvements. The approval of any
application for development by the Township shall in no way be construed
as acceptance of any street or drainage system or other improvement.
No improvements shall be accepted by the Township Council unless and
until all of the following conditions have been met:
(1)
The final application for development shall have been approved
by the Land Use Board, and the developer shall have submitted an affidavit,
signed by a licensed New Jersey professional land surveyor, certifying
that all required monuments have been set in accordance with the Map
Filing Law and any approved subdivision plat.
[Amended 7-18-2006 by Ord. No. 2006-14]
(2)
The Township Engineer shall have certified in writing that the
improvements are completed and that they comply with the requirements
of this chapter and the terms of the final application for development
approved by the Board.
(3)
The owner shall have filed with the Township Council a maintenance
guarantee in an amount equal to and not more than 15% of the cost
of installing the improvements, the cost to be determined by the Township
Engineer in accordance with § 190-902D(2) of this chapter
hereinabove.
(a) The maintenance guarantee shall run for a period
of two years, provided that the maintenance guarantee shall not terminate
until the Township Council has authorized its release pursuant to
a resolution adopted subsequent to a written recommendation by the
Township Engineer;
(b) The procedures and requirements governing such
maintenance guarantee shall be identical with the procedures and requirements
for a performance guarantee set forth in this chapter; and
(c) The requirements for a maintenance guarantee may
be waived by the Township Council only if the Township Engineer has
certified that the improvements have been in continuous use for not
less than two years from the date the Township Engineer certified
completion of such improvements and that during this period the owner
has maintained the improvements in a satisfactory manner.
(4)
An as-built plan and profiles of all utilities and roads (two
black-and-white prints to be sent to the Township Engineer plus a
Mylar copy and two black-and-white prints to be sent to the Administrative
Officer), with certification signed and sealed by a New Jersey licensed
professional engineer as to the actual construction as approved by
the Township Engineer, shall be provided and shall contain the following
information:
(a) Roadways.
[1] Location and elevations of storm sewer piping and
structures, including stations and offsets;
[2] Location and elevations of all sanitary sewer piping
and structures, including stations and offsets;
[3] Location of all underground utilities, including
water mains, gas mains, electric lines, telephone lines and cable
lines;
[4] Elevations at the right-of-way lines on both sides
of the road, top of the curb on both sides of the road, bottom of
the curb on both sides of the road and center line of roads at fifty-foot
intervals, as well as roadway high and low points and the curb returns
at roadway intersections;
[5] Location of curb stops, sewer cleanouts, sewer
services and water services; and
[6] Location of curbs, sidewalks, handicap ramps, guide
rails, walls, mailboxes (except those for single-family residences),
traffic control signs, street identification signs, streetlights,
roof leaders, driveways and other associated improvements deemed necessary
by the Township Engineer.
(b) Easements.
[1] Location and elevations of storm sewer and sanitary
sewer piping and appurtenances, including stations and offsets; and
[2] Surface grades along the route of all pipes in
easements to confirm the adequacy of cover.
(c) Detention basins.
[1] Location and elevations of the top of berm and/or
slope and the toe of slope; elevations shall be provided at maximum
fifty-foot intervals along the perimeter of the basin;
[2] Location and elevations of all drainage structures
and piping, including outflow structures;
[3] Location and elevations of low-flow channels; elevations
shall be provided at maximum fifty-foot intervals along the low-flow
channels, and elevations shall be obtained at the bottom and top of
channel;
[4] Location and elevation of emergency spillways;
[5] Location of any fencing and/or landscaping; and
[6] Any other elevations that are necessary to verify
that the detention basin was constructed to the grades shown on the
approved plans.
I.
Extension of time. The time allowed for the installation of
the improvements for which the performance guarantee has been provided
may be extended by the Township Council by resolution, provided that
the current municipal cost of installation of such improvements shall
first be redetermined by the Township Engineer, and if such current
municipal cost is found to be greater than the cost as originally
determined, the developer shall be required, as a condition of any
such extension, to increase the amount of the performance guarantee
to an amount equal to 120% of the installation cost as redetermined.
In the event that the redetermined cost shall be less than the cost
as originally determined, and in further event that the developer's
performance guarantee exceeds 120% of such redetermined costs, the
developer shall be entitled to a reduction of the performance guarantee
to an amount equal to 120% of such redetermined costs.
J.
Default by developer. If the required improvements are not completed
or corrected in accordance with the performance guarantee, the obligor
and surety, if any, under the performance guarantee shall be liable
thereon to the Township for the cost of the improvements not completed
or constructed, and the Township, either prior to or after receipt
of the proceeds thereof, may complete the improvements. Such completion
or correction of improvements shall be subject to the public bidding
requirements of the Local Public Contracts Law, P.L. 1971, c. 198.
(1)
For purposes of this subsection, "default" shall mean failure
to install the improvements in accordance with Township standards
of construction, including but not limited to failure to install the
improvements prior to the expiration of the performance guarantee.
(2)
The Township Engineer's certification that the developer has
defaulted in compliance with the required standards of construction
and installation of improvements shall be the basis for Township Council
action which rejects the improvements, withholds approval, withholds
construction permits or formally declares default and authorizes collection
on the performance guarantee.
K.
Penalties. In addition to the penalties for violation of this
chapter in accordance with § 190-1004, the Township Engineer
or another Township official designated by the Township Council is
specifically authorized to require the replacement or restoration
of any lands, buildings, structures and site improvements (including
clearing, whether on site or off site) or of any other work commenced
or continued on any site for which an approval is required pursuant
to this chapter in violation of any stop-construction order or the
standards for construction as established by the Township.