A.
All improvements, including electric, gas, sewer and water lines, shall be installed under the inspection of the Township Engineer, the cost thereof to be borne by the developer or applicant. Inspection costs shall be computed by the Township Engineer in accordance with the schedule in Chapter 182, Fees.
B.
Such fee in the form of cash or certified check shall
be deposited with the Clerk of the Township before the commencement of any
construction. Any unexpended portion of the inspection fees shall be returned
to the depositor, or the developer shall reimburse the Township for inspection
costs which exceed the inspection fee.
C.
For the purpose of establishing fee amounts, the applicant's
engineer shall furnish to the Township Engineer an estimate of the cost of
the improvements based on prices currently common to municipal-type contracts
in the area.
A.
At least two weeks prior to the start of construction,
the applicant shall notify the Township Engineer in writing, with a copy to
the Township Clerk and Secretary of the Planning Board, of the date when construction
will begin so that a preconstruction conference can be held and inspections
may be conducted by the Township Engineer.
B.
If, during installation of any required improvements,
the developer fails to meet specification requirements or to correct unacceptable
work, the Township Engineer shall notify the developer verbally, confirmed
in writing by certified mail, return receipt requested, of the developer's
failure to comply. If, within 10 days of the date of receipt of said notice,
the developer fails to perform in accordance with the Township Engineer's
directions, the Township Engineer shall notify the governing body, which,
in turn, shall cause the issuance of a stop order on further construction
and take such remedial action as it deems appropriate to the circumstances.
C.
Any improvements installed and not inspected by the office
of the Township Engineer will not be accepted into the Township road or improvement
systems.
D.
A change in contractors will require a new preconstruction
conference.
E.
Where required by the Township Engineer, samples of concrete
or any other materials used in the course of construction may be taken and
tested in a Township-approved testing laboratory, with the cost of said laboratory
analysis to be paid by the developer or applicant independent of the inspection
deposit.
The developer/applicant shall provide and file with the Township one
set of as-built improvement plans and profiles on Mylar showing actual construction,
as approved, prior to the granting of final subdivision approval and prior
to the initial acceptance of the work.
The Township may accept a performance guaranty for the installation
of sidewalks, monuments and shade trees only. The performance guaranty for
these improvements shall be equal to 120% of the cost of said improvements
as estimated by the Township Engineer. Ten percent of the performance guaranty
shall be in the form of cash or a certified check made payable to the Township
of Franklin. The cash or certified check shall be deposited or invested by
the Township Treasurer in the manner prescribed by law for Township funds,
the principal amount to be refunded to the depositor upon satisfactory completion
of such improvements and release of said applicable performance bond, or sooner,
at the discretion of the Township. The performance guaranty shall run for
a term not to exceed three years. With the consent of the principal, the performance
guaranty may be extended by the Township after recommendation by the Planning
Board, by resolution, for an additional period not to exceed 18 months. The
performance guaranty may be reduced or released in accordance with the procedures
established pursuant to the provisions of N.J.S.A. 40:55D-53.
The developer/applicant, in addition to the specific terms and conditions
of approval imposed by the Planning Board on site plan, subdivision and/or
variance approval, shall establish a schedule of completion dates and period
for completion of all improvements, which period shall not exceed three years.
The developer/applicant shall also:
A.
Procure necessary drainage or other easements or rights-of-way,
including those necessary to provide for adequate sight distance and stream
encroachments.
B.
Make such revisions in the plans as may be reasonably
required before or during construction by the Township Engineer and establish
a procedure for approval of plan changes.
C.
Procure all local, county, state or federal permits for
all phases of the work, including but not limited to permits to construct
and operate sanitary sewer and public water systems.
D.
Provide for the payment of engineering review fees in
cases where a subdivision or site plan approval has not been reviewed as part
of the application.
E.
Provide for instructions in the operation of all equipment
within or part of facilities to be accepted and operated by the Township,
such instructions to be by the manufacturer/installer of the equipment and
such instructions to be supplemented with copies of all pertinent operations
manuals.
A.
Upon the completion of all improvements and prior to
release of the performance guaranty and approval of the work, a subdivider/applicant
shall file a maintenance guaranty bond amounting to 15% of the cost of all
improvements to guarantee that the completed improvements will be maintained
for a period of two years. Said maintenance guaranty shall be reviewed by
the Township Engineer and approved by the Township Attorney as to form, sufficiency
and execution and approved by the Township Committee. Said maintenance guaranty
shall be given at the time the Township has certified that all the improvements
have been installed in a satisfactory and acceptable manner. In addition,
the maintenance guaranty shall cover regular maintenance such as curb replacement
and repair, cleaning out of catch basins and any other matters which would
be necessary to put any of the required improvements in the condition as when
certified by the Township Engineer. The bond shall provide for a guaranty
to replace during said period all work performed and all materials furnished
which are found defective and to make good any defects thereof which may become
apparent before the expiration of the said period.
B.
The Township Committee will not accept any road or improvement
into the municipal system until the maintenance period expires or after the
deficiencies are repaired, and then only if it is in the same condition as
when certified.
C.
Upon the installation of street improvements by a developer and prior to final acceptance of the street by the Township, the developer shall be responsible for the maintenance of the street, including but not limited to, the removal of snow and ice from the street. Should the developer fail to remove snow and ice from a street within the developer's control at any time during or after the accumulation of snow and ice on said street, the Township Committee or its designee shall be authorized to remove snow and ice from said street. The Township's removal of snow and ice from a street within the developer's control shall not be considered an acceptance of said street by the Township. Should the Township remove snow and ice from a street within the developer's control, the developer shall pay to the Township fees which are hereby established at the rate as set forth in Chapter 182, Fees, per running foot of street for each plowing of said street and per running foot of street for each application of salt and/or sand to said street. The developer shall pay the applicable fees to the Township within 10 days of the submission of a statement to the developer or face sanctions, including but not limited to, the payment of legal fees and costs incurred to obtain such payment.
[Amended 6-5-2003 by Ord. No. 2003-05]
If the improvements are part of a subdivision, a building permit shall
not be issued until the complete installation of all work, including but not
limited to sanitary sewers, water, gas, storm drains, roads, curbs and street
signs, all as specified in the plan, except those items covered by the performance
guaranty as referred to above. Upon certification by the Township Engineer
that said installation is complete, building permits shall be authorized.
