Borough of Pemberton, NJ Article III Site Improvements

§ 165-9 Purpose.

As a condition of site plan approval, the Planning Board or the Zoning Board of Adjustment may require that the applicant install certain improvements on the site, consistent with the design standards of this chapter, to ensure:

A. Adequate vehicular and pedestrian circulation to accommodate prospective traffic into and out of land within the site.

B. Adequate off-street parking and loading areas.

C. Adequate water supply, drainage, shade trees, sewerage facilities and other utilities necessary for essential services to residents and occupants.

D. Adequate landscaping and any screening necessary to protect adjoining uses.

§ 165-10 Payment by developer.

The Borough Council may require a developer, as a condition of site plan approval, to pay his pro rata share of the cost of providing reasonable and necessary street improvements and water, sewerage and drainage facilities and easements therefor, located outside the property limits of the site plan but necessitated or required by construction or improvements within such site plan. Such requirements shall be based on circulation and comprehensive utility service plans and shall represent the applicant's pro rata share represented by his development compared to the total area served by the improvement. Where a developer pays the amount determined as his pro rata share under protest, he shall institute legal action within one year of such payment in order to preserve the right to a judicial determination as to the fairness and reasonableness of such amount.

§ 165-11 Dedication of land.

The Borough Council may accept a dedication of land for street widening or other public purposes if offered by the developer and if it will result in a better designed site plan.

§ 165-12 Guaranties for improvements.

A. Before approval of final site plans, the approving authority may require and shall accept in accordance with the standards adopted by chapter for the purpose of assuring the installation and maintenance of on-tract improvements:

(1) The furnishing of a performance guaranty in favor of the Borough in an amount not to exceed 120% of the cost of installation for improvements it may deem necessary or appropriate, including streets, grading, pavements, water mains, stormwater drains, sanitary sewers, catch basins, dry wells, cleanouts, gutters, curbs, sidewalks, streetlighting, shade trees, landscaping, surveyor's monuments and fire hydrants as shown on the final map and required by the Map Filing Law, P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et seq.); water mains; culverts; storm sewers; sanitary sewers or other means of sewage disposal; drainage structures; erosion control and sedimentation control devices; and public improvements of open space. Performance guaranties required by this chapter shall run for the period specified by the Borough Council but in no case for a term of more than three years.

(2) Provision for a maintenance guaranty to be posted with the Borough Council for a period not to exceed two years after final acceptance of the improvement in an amount not to exceed 15% of the cost of the improvement. In the event that other governmental agencies or public utilities automatically will own the utilities to be installed or if the improvements are covered by a performance or maintenance guaranty to another governmental agency, no performance or maintenance guaranty, as the case may be, may be required by the municipality for such utilities or improvements.

B. The amount of any performance guaranty may be reduced by the Borough Council by resolution when portions of the improvements have been certified by the Borough Engineer to have been completed. The time allowed for installation of the improvements for which the performance guaranty has been provided may be extended by said body by resolution.

C. If the required improvements are not completed or corrected in accordance with the performance guaranty, 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. When all of the required improvements have been completed, the obligor shall notify the Borough Council in writing, by certified mail addressed in care of the Borough Clerk, of the completion of said improvements and shall send a copy thereof to the Borough Engineer. Thereupon the Borough Engineer shall inspect all of the improvements and shall file a detailed report in writing with the Borough Council, indicating either approval, partial approval or rejection of the improvements with a statement of the reasons for any rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth.

E. The Borough Council shall either approve, partially approve or reject the improvements on the basis of the report of the Borough Engineer and shall notify the obligor in writing, by certified mail, of the contents of said report and the action of said approving authority with relation thereto not later than 65 days after receipt of the notice from the obligor of the completion of the improvements. Where partial approval is granted, the obligor shall be released from all liability pursuant to its performance guaranty, except for that portion adequately sufficient to secure provision of the improvements not yet approved. Failure of the Borough Council to send or provide such notification to the obligor within 65 days shall be deemed to constitute approval of the improvements, and the obligor and surety, if any, shall be released from all liability, pursuant to such performance guaranty.

F. If any portion of the required improvements is rejected, the approving authority may require the obligor to complete such improvements, and upon completion, the same procedure of notification as set forth in this section shall be followed.

G. Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Borough Council or the Borough Engineer.

H. The developer shall reimburse the municipality for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of the improvements.