A.
Performances and maintenance guarantee. Before recording
final subdivision plats or as a condition of final site plan approval,
the Planning Board shall require and shall accept, in accordance with
the standards adopted herein, for the purpose of assuring the installation
and maintenance of on-tract public improvements and landscaping:
(1)
The furnishing of a performance guarantee in
favor of the Borough in an amount equal to 120% of the cost of installation
for streets, grading, pavement, gutters, curbs, sidewalks, streetlighting,
shade trees, surveyor's monuments, water mains, fire hydrants, culverts,
storm drainage structures, erosion control and sedimentation control
services, public improvements of open space and public on-site improvements,
as well as landscaping.
(a)
The Planning Board shall recommend to the governing
body acceptance of the performance bond only after receipt of the
following items:
(b)
After approval and acceptance of the performance
guarantee by the governing body, a letter stating that fact shall
be sent to the Planning Board before the final plats are signed and
filed with the county or site plans are approved.
(2)
The furnishing of a maintenance guarantee, to
be posted with the governing body, for a period of two years after
final acceptance of the improvement, in an amount equal to 15% of
the cost of the improvement. In the event improvements are to be installed
for and/or to be connected to a governmental agency system, governmental
utility, and/or public utility, such improvements shall be covered
by the performance guarantee and/or maintenance guarantee, as the
case may be.
B.
Time extensions. The time allowed for installation
of the improvements for which the performance guarantee has been provided
may be extended by the governing body by resolution. As a condition
or part of any such extension, the amount of any performance guarantee
shall be increased or reduced, as the case may be, to an amount not
to exceed 120% of the cost of the installation as determined as of
the time of the passage of the resolution.
C.
Liability. If the required improvements are not completed
or corrected in accordance with the performance guarantee, the obligor
and surety, if any, shall be liable thereon to the Borough for the
reasonable cost of the improvements not completed or corrected, and
the Borough may, either prior to or after the receipt of the proceeds
thereof, complete such improvements.
D.
Notification and inspection of completion. Upon substantial
completion of all required improvements and the connection of same
as necessary to the public system, the obligor shall notify the governing
body in writing by certified mail addressed in care of the Borough
Clerk of the completion or substantial completion of improvements
and shall send a copy thereof to the Borough Engineer. Thereupon the
Borough Engineer shall inspect all improvements of which such notice
has been given and shall file a detailed report in writing with the
Planning Board and governing body, indicating either approval, partial
approval or rejection of such improvements with a statement of reasons
for any rejection. The cost of the improvements as approved or rejected
shall be set forth.
E.
Approval improvements. The governing body shall either
approve, partially approve or reject the improvements on the basis
of the Planning Board recommendation and report of the Borough Engineer
and shall notify the obligor, in writing of its decision. Where partial
approval is granted, the obligor shall be released from all liability
pursuant to its performance guarantee, except for that portion adequately
sufficient to secure provision of the improvements not yet approved,
provided that 30% of the amount of the performance guarantee posted
may be retained to insure completion of all improvements. Before releasing
any guarantees or portions thereof, the following items shall be submitted
to the governing body:
(1)
A recommendation by the Planning Board that
the bonds be reduced or released.
(2)
An as-built plan and profiles of all utilities
and roads with a certification as to the actual construction, the
same to be approved by the Borough Engineer. One copy of each shall
be sent to the Clerk and the Borough Utility Department and a Mylar
or similar copy to the Borough Engineer.
(3)
A statement or affidavit from the developer
that there are no liens or other legal encumbrances of any of the
improvements or utilities proposed to be deeded to the Borough.
(4)
A statement from the Borough Engineer that all
utilities and improvements required by the Planning Board have been
installed and completed in accordance with applicable Borough ordinances.
(5)
A maintenance bond as provided herein.
(6)
Deeds, free and clear of all encumbrances, for
all streets, public easements, drainage and conservation easements,
on the lands dedicated to public use and any improvements to be dedicated
or deeded to the Borough of or other public agency.
(7)
A certification from the applicant's engineer
that improvements relating to water supply, sanitary sewers, stormwater
management, soil erosion and sediment control have been constructed,
installed and are operating in accordance with approved plans.
F.
Notification of release. After the release of the
bond or any part thereof, said statement to that effect shall be sent
to the Planning Board by the Borough Engineer.
G.
Rejection of improvements. If any portion of the required
improvements is rejected, the governing body may require the obligor
to complete such improvements, and upon completion, the same procedure
of notification as set forth in this article shall be followed.
H.
Legal proceedings. Nothing herein, however, shall
be construed to limit the right of the obligor to contest by legal
proceedings any determination of the governing body or the Borough
Engineer.
I.
Inspection fees. The obligor shall reimburse the Borough
for all reasonable inspection fees paid to the Borough Engineer for
the foregoing inspection of the improvements, provided that the Borough
may require of the developer a deposit for all or a portion of the
reasonably anticipated fees to be paid to the Borough Engineer for
such inspection which shall be a minimum of 7% of the value of the
improvements of $200, whichever is greater.
J.
Staged development. In the event that final approval
is by stages or sections of development pursuant to Municipal Land
Use Act (N.J.S.A. 40:55D-38), the provisions of this section shall
be applied by stage or section.
A.
Building permits. A building permit shall not be issued
until all on-site improvements have been installed, except for the
finish course of the road and monuments and trees, provided that the
Borough Engineer warrants that it is in the Borough's interest to
delay completion of the road, monuments and trees until after the
subdivider has completed construction of dwellings and structures.
The maintenance guarantee required hereafter shall not begin until
the finish course of roads, monuments and trees have been installed.
B.
Certificates of occupancy. No certificate of occupancy
shall be issued unless all inspection and other fees due to the Borough
have been paid and a Borough water meter has been installed where
applicable. In addition, no certificate of occupancy shall be issued
unless all other improvements required by this article have been installed,
unless one of the exceptions below is applicable:
(1)
A certificate of occupancy may be issued if
all improvements have been installed except the finish course of the
road and the Borough Engineer warrants that completion of the road
is in the Borough's interest after the subdivider has completed construction
of dwellings and structures. The maintenance guarantee required hereafter
shall not begin until the finish course has been installed.
(2)
The Planning Board may also authorize the issuance
of a temporary certificate of occupancy if the following improvements
have been bonded but not yet installed: landscaping, sidewalks, other
similar improvements. Prior to the issuance of more than 50% of the
certificates of occupancy for a subdivision, all improvements shall
have been constructed or installed.
C.
Borough acceptance.
(1)
The governing body shall not accept any road
or other improvement into the municipal road system or for municipal
ownership until the maintenance bond has been posted and all deficiencies
are corrected or repaired. The Borough may, however, undertake to
remove snow and perform other municipal services as may be required
on the roads prior to final acceptance if the developer presents a
written request to the governing body and agrees in said request to
hold the Borough harmless for any damages to the roads or public improvements
cause by snow removal or other municipal activities.
(2)
The governing body need not accept any roads
or other improvements if the roads or other improvements will be used
by the developer to complete other portions of the development.
Performance and maintenance guarantees shall
be provided by a variety of means including, but not limited to, the
following:
A.
Security bond. The applicant may obtain a security
bond from a surety bonding company authorized to do business in the
State of New Jersey.
B.
Letter of credit. The applicant may provide an irrevocable
letter of credit from a bank or other reputable institution.
C.
Escrow account. The applicant shall deposit cash,
or other instruments readily convertible into cash at face value,
either with the Borough or in escrow with a bank.
D.
Property. The applicant may provide as a guarantee
land or other property under an agreement approved by the Borough
Solicitor.
E.
Subdivision improvement guarantee. An applicant may
provide as a guarantee a subdivision improvement agreement between
the applicant, lender, and Borough.
Developers shall be required, as a condition
for approval of a subdivision or site plan, to pay their pro rata
share of the cost of providing reasonable and necessary street improvement
and water, sewerage and drainage facilities and easements therefor
located outside the property limits of the development but necessitated
or required by construction or improvements within said development.
The following criteria shall be utilized in determining a developer's
proportionate or pro rata share of necessary off-tract improvements:
A.
Improvements to be constructed at sole expense of
applicant. In cases where the reasonable and necessary need for an
off-tract improvement or improvements is necessitated or required
by the proposed development application and where no other property
owner receives a special benefit thereby, the applicant may be required,
as a condition of approval, at the applicant's sole expense, to provide
for and construct such improvement as if such were a nontract improvement,
in the manner provided hereafter and otherwise provided by law.
B.
Other improvements. In cases where the need for any
off-tract improvement is necessitated by the proposed development
application and where it is determined that properties outside the
development will also be benefited by the improvement, the following
criteria shall be utilized in determining the developer's proportionate
share of such improvements:
(1)
Sanitary sewers. For distribution facilities,
including the installation, relocation or replacement of collector,
trunk and interceptor sewers and the installation, relocation and
replacement of other appurtenances associated therewith, the applicant's
proportionate share shall be computed as follows:
(a)
The capacity and the design of the sanitary
sewer system shall be based on Rules and Regulations for the Preparation
and Submission of Plans for Sewage Systems, NJDEP and all Borough
sewer design standards, including infiltration standards, and all
other stormwater drain standards.
(b)
Developer's pro rata share.
[1]
The capacity of the existing system to service
the entire improved drainage area shall be computed. If the system
is able to carry the total developed drainage basin, no improvement
or enlargement cost will be assigned to the developer. If the existing
system does not have adequate capacity for the total developed drainage
basin, the prorated enlargement or improvement share shall be computed
as follows (where "gpd" means gallons per day):
|
Total enlargement or
improvement cost
|
Total tributary gpd
| ||
|
|
=
|
| |
|
Developer's cost
|
Development gpd
|
[2]
If it is necessary to construct a new system
in order to service the development, the prorated enlargement share
to the developer shall be computed as follows:
|
Total project cost
|
Total tributary gpd
| ||
|
|
=
|
| |
|
Developer's cost
|
Development tributary gpd
|
[3]
The plans for the improved system or extended
system shall be prepared by developer's engineer. All work shall be
calculated by the developer and approved by the Borough Engineer.
(2)
Water supply. The applicant's proportionate
share of water distribution facilities including the installation,
relocation or replacement of water mains, hydrants, valves, and associated
appurtenances shall be computed as follows:
(a)
The capacity and the design of the water supply system shall be based on the standards specified in Article IX of this chapter;
(b)
The Borough Engineer shall provide the applicant
with the existing and reasonably anticipated capacity limits of the
affected water supply system in terms of average demand, peak demand,
and fire demand;
(c)
If the existing system does not have adequate
capacity as defined above to accommodate the applicant's needs, the
pro rata shares shall be computed as follows:
|
Total cost of enlargement or improvement
|
Capacity of enlargement or improvement (gpd)
| ||
|
|
=
|
| |
|
Developer's cost
|
Development-generated gallons per day to be
accommodated by the enlargement or improvement
|
(3)
Roadways. For street widening, alignment, channelization
of intersections, construction of barriers, new or improved traffic
signalization, signs, curbs, sidewalks, trees, and utility improvements
uncovered elsewhere, the construction or reconstruction of new or
existing streets and other associated streets or traffic improvements,
the applicant's proportionate cost shall be determined as follows:
(a)
The Borough Engineer shall provide the applicant's
engineer with the existing and anticipated peak-hour flows for the
off-tract improvement.
(b)
The applicant shall furnish a plan for the proposed
off-tract improvement, which shall include the estimated peak-hour
traffic generated by the proposed development. The ratio of the peak-hour
traffic generated by the proposed development to the future peak-hour
traffic shall form the basis of the proportionate share. The prorated
share shall be computed as follows:
|
Total cost of the roadway improvement and/or
|
Future peak-hour traffic
| ||
|
|
=
|
| |
|
Developer's cost
|
Future peak-hour traffic generated by the development
|
(4)
Drainage improvements. For stormwater and drainage
improvements, including the installation, relocation or replacement
of storm drains, culverts, catch basins, manholes, riprap or improved
drainage ditches and appurtenances thereto and the relocation or replacement
of other storm drainage facilities or appurtenances associated therewith,
the applicant's proportionate share shall be determined as follows:
(a)
The capacity and the design of the drainage system to accommodate stormwater runoff shall be based on the standards of Article IX of this chapter and shall be computed by the developer's engineer and approved by the Borough Engineer.
(b)
The capacity of the enlarged, extended or improved
system required for the development and areas outside of the developer's
tributary to the drainage system shall be determined by the developer's
engineer, subject to approval to the Borough Engineer. The plans for
the improved system shall be prepared by the developer's engineer
and the estimated cost of the enlarged system calculated by the Borough
Engineer. The prorated share for the proposed improvement shall be
computed as follows (where "cfs" stands for cubic feet per second):
|
Total enlargement or improvement cost of drainage
facilities
|
Total tributary cfs
| ||
|
|
=
|
| |
|
Developer's cost
|
Development cfs
|
(5)
Other improvements. The applicant's proportionate
share of other capital improvements shall be computed as follows:
|
Total cost of enlargement or improvement
|
Capacity of enlargement or improvement
| ||
|
|
=
|
| |
|
Developer's cost
|
Development share of enlargement or improvement
|
C.
Escrow accounts. Where the proposed off-tract improvement
is to be undertaken at some future date, the moneys required for the
improvement shall be deposited to the credit of the Borough in a separate
account until such time as the improvement is constructed. If the
off-tract improvement is not begun within 10 years of deposit, all
moneys and interest shall be returned to the applicant.
D.
Computation of pro rata share. In any case in which
an applicant shall not provide the approving authority with the estimates
of a traffic consultant and/or consulting engineer with regard to
estimated improvement costs and all other information necessary to
proportion costs, the approving authority may rely on the estimates
of the Borough Engineer in order to prorate costs.
A.
General provisions. Prior to the granting of final
approval, the developer shall have installed improvements required
by the Planning Board or have posted a performance guarantee or surety
sufficient to cover the cost of said improvements. The Planning Board
may solicit local, county, state, federal, public or semipublic agencies
and knowledgeable individuals on what improvements shall be required.
Improvements recommended by other agencies, such as a utilities authority,
county, state or other governmental agencies, may be required by the
Planning Board as a condition of final approval. The following construction
standards and improvements are necessary to protect the health, safety,
welfare and convenience of the residents and public, as well as needed
to meet local, county, regional, state and national goals and objectives.
It is recognized however, that in peculiar situations, all of the
improvements listed below may not be appropriate or needed.
(1)
Borough standards.
(a)
All standards and specifications of the Borough
as now or hereafter adopted and applicable ordinances shall govern
the design, construction and installation of all improvements.
(b)
Failure of the developer, his contractor or
agent to conform to said specifications shall be just cause for the
suspension of the work being performed. No developer shall have the
right to demand or claim damages from the Borough, its officers, agents
or servants by reason of said suspension.
(2)
Other standards.
(a)
In the event that the Borough has not adopted
standards for as specific type of improvement, then generally accepted
engineering standards as set forth in engineering and construction
manuals, as may be approved and modified by the Borough Engineer for
a specific situation, shall be used.
(b)
Gas, electric, telephone and similar utilities
shall be installed in accordance with applicable company, state and
federal requirements.
(3)
Grades. All construction stakes and grades shall
be set by a licensed land surveyor in the employ of the subdivider,
developer or contractor. One copy of all cut sheets, signed by a land
surveyor or professional engineer, shall be filed with the Borough
Engineer 48 hours prior to the commencement of any construction.
(4)
Inspection. Prior to the start of the construction
or installation of such improvements, the developer shall advise the
Borough Engineer 48 hours prior to the commencement of such work.
No underground installation shall be covered until inspected and approved
by the appropriate official. If, during installation of any of the
required improvements, the developer fails to meet specification requirements
or to correct unacceptable work, the developer shall be notified in
writing, by certified mail, that the developer has failed to comply
with specifications or to correct unacceptable work properly, and
said notice shall set forth in detail what has not been properly installed.
If within 10 days after mailing of such notice the developer has failed
to perform in accordance with the notice, the Borough shall then cause
the notice of failure to comply to be served upon the developer and
a copy shall be sent to the governing body and the Planning Board.
B.
Site conditions.
(1)
During construction, the site shall be maintained
and left each day in a safe and sanitary manner, and any condition
which could lead to personal injury or property damage shall be immediately
corrected by the developer upon an order by the Construction Code
Official, Administrative Officer or other authorized personnel.
(2)
Developed areas shall be cleared of all stumps,
litter, rubbish, brush, weeds, dead and dying trees, roots and debris,
and excess or scrap building materials shall be removed or destroyed
immediately upon the request of and to the satisfaction of the Construction
Code Official and Administrative Officer prior to issuing an occupancy
permit.
(3)
No topsoil shall be removed from the site or
used as spoil unless approved by the Borough Engineer. At least six
inches of topsoil shall be provided within 25 feet of the structure
or paved areas and appropriately landscaped. All non-hard-surfaced
areas of the site or those portions without structures shall be stabilized
by seeding or planting to prevent soil erosion. Areas where vegetation
has been removed or the surface has been disturbed and which constitute
a potential soil erosion problem shall be appropriately stabilized
to the satisfaction of the Borough Engineer.
(4)
Changes in elevation.
(a)
No change shall be made in the elevation or
contour of any lot or site by the removal of earth to another lot
or site other than as shown on an approved preliminary plat.
(b)
Minimal changes in elevations or contours necessitated
by field conditions may be made only after approval by the Borough
Engineer. All said changes necessitated by field conditions shall
be shown on the final plat and indicated as a change from the preliminary
or if final approval has been granted, said changes shall be shown
on the as-built plans.
(5)
Temporary improvements. Prior to or during construction,
the Borough Engineer may require the installation or construction
of improvements to prevent or correct temporary conditions on the
site which could cause personal injury, damage to property or constitute
a health hazard. These conditions may result from erosion and landslide,
flooding, heavy construction, traffic, creation of steep grades and
pollution. Improvements may include berms, mulching, sediment traps,
detention and retention basins, grading, plantings, retaining walls,
culverts, pipes, guardrails, temporary roads and others appropriate
to the specific condition. All temporary improvements shall remain
in place and in operation until otherwise directed by the Borough
Engineer.
