Pursuant to the provisions of Part 2 of this chapter, the Planning Board may require a maintenance guaranty in favor of the Township of Morris in an amount not to exceed 15% of the estimated cost of improvements called for by the plan approved by the soil erosion and sediment control plan, as the total cost thereof shall be estimated by the Township Engineer. Said maintenance guaranty shall run for a period of two years, and said guaranty shall provide for the proper repair and/or replacement of any such improvements during said period of two years. The said two-year period shall run from the date of the issuance of the first certificate of occupancy for the last home in such development as shown on the preliminary plat or the date of issuance of the certificate of occupancy for a site plan.
A.
Before the commencement of construction of improvements
required, an inspection fee shall be paid to the Township of Morris.
The inspection fee shall be based upon the following hourly schedule:
B.
The aforesaid schedule shall be for regular working
hours of 9:00 a.m. to 5:00 p.m., Monday through Friday, inclusive.
No work shall be done at any other time unless upon special request
by the applicant, in writing, and in that event the rate shall be
1 1/2 times the hours set forth above.
C.
The hourly rates to be applied in accordance with
the schedule hereinabove set forth shall be established by and may
be amended from time to time by resolution of the Township Committee
of the Township of Morris duly adopted thereby, and which said resolution
shall be filed in the office of the Township Clerk for inspection
at all times by any person or persons interested therein.
D.
The applicant shall, prior to commencement of construction,
pay over to the Township by certified check an amount equivalent to
5% of the cost of the required improvements. Said amount shall be
kept in an inspection fee trust fund by the Township. On the basis
of the above hourly rates, the Township Engineer shall certify to
the Township Committee the cost of inspection. If the Township Committee
determines the cost of inspections as certified to be reasonable,
then such amount shall be withdrawn from the trust fund and paid over
to the Township as an item of miscellaneous revenue. Prior to the
transfer of any amount from the trust fund, the Township Clerk shall
notify the applicant by certified mail of the amount of approved fees
by the Township Committee. Any part of the 5% remaining in the trust
fund shall be returned to the applicant with a statement of the inspection
cost approved by the Township Committee. In the event that the 5%
is insufficient prior to a release of the performance guaranty, the
applicant shall pay over to the Township the additional amount required.[1]
