[Amended 10-16-1990 by Ord. No. 90-59]
Prior to the granting of final approval, the developer shall have furnished performance guaranties as required by § 130-101 for the ultimate installation of the following improvements:
Streets, grading and streetlights.
Street name signs at all street intersections within or abutting the subdivision.
Monuments. All monuments shall be of the size and shape required by Section 3q of Chapter 141 of the Laws of 1960 (N.J.S.A. 46:23-9.11q) and placed in accordance with the statute.
Landscaping, topsoil and seeding on all rights-of-way.
Soil erosion and sedimentation control measures.
All improvements shall be designed, constructed and placed in accordance with any applicable standards and specifications of the Township or county, state or federal regulatory agencies.
The developer shall not construct improvements prior to final approval and filing of the final plat, with the exception of preliminary or site improvements which are specified in the preliminary approval by the Planning Board or Board of Adjustment as authorized to be constructed prior to final approval, so long as necessary zoning permits have been procured and there shall be no removal of or disturbance of any tree or trees. Demolition of existing buildings, structures and improvements may occur upon granting of preliminary approval, provided that final construction drawings have been received and approved by the Township Engineer as specified under § 130-36; the developer will not remove or disturb any tree, vegetation and/or underbrush, or in any other manner clear the site, as specified under § 130-52; the appropriate Board is noticed 10 days prior to the start of demolition; performance guaranties have been posted and any zoning permits required under Chapter 213 have been received; and inspection fees are paid as specified in this chapter, seven days prior to the start of demolition.
To determine the required improvements, the Board will consider:
The necessity of safe, convenient and pleasant means for the movement of traffic.
The protection of the public health, safety, comfort, convenience and general welfare.
The presentation of the ecology and natural environment to the extent that the provision of necessary public services allows the preservation of such environment.
No certificate of occupancy shall be issued for any use or building involving the installation of utilities or street improvements, parking areas, buffer areas, storm drainage facilities, the alteration of the existing grade on a lot or the utilization of a new on-site well or sanitary disposal system unless the Township Engineer or other appropriate authority shall have, where applicable, certified to the following;
Utilities and drainage. All utilities, including but not limited to storm drains and streetlighting, shall have been properly installed and serviced to the lot, building or use.
Grading of street rights-of-way. All street rights-of-way necessary to provide access to the lot in question shall have been completely graded, and all slope-retaining devices or slope plantings shall have been installed.
Sidewalks. All sidewalks necessary to provide access to the lot in question shall have been properly installed.
Curbing, parking areas and streets. Curbing, driveways, complete parking areas and the bituminous base course necessary to provide access to the proposed lot, building or use shall have been properly installed.
Roadway obstructions. All exposed obstructions in bituminous concrete streets, such as manhole frames, water boxes, gas boxes and the like, shall be protected by building to the top of such exposures with bituminous concrete, as directed by the Township Engineer.
Buffer areas and grading of lots. The lot in question shall have been fully graded, and all lot grading on adjacent areas affecting drainage on or across the lot in question shall be complete, and all plantings and required buffer areas or fences shall have been provided or bonded in accordance with the requirements of the approved final plat, if any, or as required by the Township Engineer to permit proper surface drainage and prevent erosion of the soils.
On-site wells. All on-site wells shall have been installed, tested and approved by the Township.
[Amended 3-4-2003 by Ord. No. 2003-31]
On-site sanitary disposal systems. All on-site sanitary disposal systems shall have been installed and approved by the Township.
[Amended 3-4-2003 by Ord. No. 2003-31]
Public water supply. Where the proposed lot, building or use is served by a public water supply, the supply shall have been installed and tested, and all required fire hydrants or fire connections shall have been installed, tested and approved.
Street signs and traffic control devices. All street signs and/or traffic control devices affecting the proposed lot, building or use and required under the terms of approval of a final plat or by federal, state, county or municipal rules, regulations or laws shall have been installed.
Other. Any other conditions established for issuance of a certificate of occupancy by the Board as a condition of final approval shall be complied with.
This subsection shall be applicable to all subdivisions, site plans and all individual dwelling unit site disturbances.
Completion of or posting of a performance bond guaranteeing the completion of all required recreational areas as required by the Township of Stafford.
For nonresidential site plans, completion of and the posting of a maintenance bond for all improvements or in the case that all improvements have not been installed, then the posting of a performance bond guaranteeing the completion of all required on-site improvements required as part of the approved site plan.
[Added 10-16-1990 by Ord. No. 90-59]
General requirements. At least 72 hours prior to the beginning of construction or installation of any required improvements, the developer shall notify the Township Engineer, in writing, of the developer's intention to commence such work. All improvements, except as otherwise provided, shall be subject to inspection and approval by the Township Engineer. No underground installation shall be covered until inspected and approved by the Township Engineer or those agencies having jurisdiction over the particular installation. If such installation is covered prior to inspection, it shall be uncovered or other inspection means used, such as television or other pipeline camera, as may be deemed necessary by the Township Engineer, and charges for such work will be paid for by the developer. The appropriate engineer shall be notified by the developer at least 48 hours prior to the start of construction.
[Amended 9-2-1997 by Ord. No. 97-80]
Inspection not acceptance. Inspection of any work by the Township Engineer or his authorized representative shall not be considered to be final approval or rejection of the work but shall only be considered to be a determination of whether or not the specific work involved was being done to Township specifications or other required standards at the time of inspection. Any damage to such work or other unforeseen circumstances, such as the effect of the weather, other construction, changing conditions, settlement, etc., between the time of installation and the time that the developer wishes to be released from his performance guaranty shall be the full responsibility of the developer, and the work shall not be considered accepted until release of the performance guaranty.
Payment to contractors. No developer shall enter into any contract requiring the Township Council, the Township Engineer or any of their agents, employees or other representatives to make any declarations, written or otherwise, as a condition of payment of the developer to a contractor as to the acceptance or rejection of the work. Neither the Township Council, the Township Engineer nor any of their agents, employees or representatives shall make any such declaration.
[Amended 11-21-1989 by Ord. No. 89-67; 7-7-1992 by Ord. No. 92-43; 9-2-1997 by Ord. No. 97-80]
A developer shall comply with the provisions of N.J.S.A. 40:55D-53 through 40:55D-53.6 and all subsequent amendments and revisions pertaining to inspection escrows.
[Amended 1-31-1989 by Ord. No. 89-10; 8-21-1990 by Ord. No. 90-46; 10-16-1990 by Ord. No. 90-59; 11-1-1990 by Ord. No. 90-61; 11-21-1991 by Ord. No. 91-67; 2-7-1995 by Ord. No. 95-17; 8-6-1996 by Ord. No. 96-49; 9-2-1997 by Ord. No. 97-80]
A developer must comply with N.J.S.A. 40:55D-53 through 40:55D-53.6 and all subsequent amendments and revisions pertaining to performance guaranties. An amount equal to 10% of the performance guaranty required by the Township shall be posted in cash by the developer. The balance of the performance guaranty shall be posted by the developer in the form of a performance bond or letter of credit in the form authorized by the Department of Community affairs pursuant to N.J.S.A. 40:55D-53a. If the developer does not submit a performance guaranty or letter of credit in the form authorized by the Department of Community Affairs, then the performance bond or letter of credit must be in a form approved the Township Attorney.
[Amended 12-18-2001 by Ord. No. 2001-91]
The amount of performance guaranty may be revised by the Township Council from time to time to update estimated costs and corresponding performance bond amounts for all remaining work. This shall be done at the two-year anniversary date from the final application for approval for each successive two years thereafter. If the required improvements have not been installed in accordance with the performance guaranty the obligor and surety shall be liable thereon, at the option of the municipality, for the reasonable costs of the improvements not installed, and upon receipt of the proceeds thereof, the municipality shall install such improvements or provide for the completion of all required improvements. The Township Engineer's certification that the developer has satisfactorily installed or has defaulted in meeting the required standards of the construction shall be the basis for the governing body's action which accepts or rejects the improvements, withholds approval or may extend the time allowed for installation of the improvements. All costs of installation of improvements shall be estimated by the Township Engineer in accordance on documented costs for public improvements prevailing in the general area of the Township.
When all the required improvements have been completed, or substantially completed as provided in N.J.S.A. 40-55D-53(d), the developer may request the Township Council, in writing, by certified mail addressed to the Township Clerk, that the Township Engineer prepare a list and report of all uncompleted or unsatisfactorily completed improvements. The request shall include the following:
A statement by the applicant indicating the construction has been completed in accordance with the approved plans and specifications and that reproducible as-built plans have been transmitted to the Township Engineer.
A statement by the applicant indicating which improvements remain uncompleted.
One reproducible copy, on material acceptable to the Engineer, and three prints of the as-built plans marked with the approval of the Engineer as follows:
Accepted by Township Engineer
If appropriate, such legal documents as are necessary to convey the interests in the facilities to the Township.
If appropriate, such legal documents as are necessary to convey title to all required lands or easements to the Township.
Maintenance guaranty equal to 15% of the performance guaranty assuring the satisfactory performance of completed systems for a period of two years.
Affidavit that all contractors, subcontractors and materialmen have been paid.
[Amended 10-16-1990 by Ord. No. 90-59; 2-7-1995 by Ord. No. 95-17; 8-6-1996 by Ord. No. 96-49; 9-2-1997 by Ord. No. 97-80]
The developer shall comply with the provisions of N.J.S.A. 40:55D-53 through 40:55D-53.6 and all subsequent amendments and revisions pertaining to maintenance guaranties.