[Amended 11-17-1980 by Ord. No. 55-80]
As a condition of final site plan approval,
the applicant shall have installed all improvements required by the
Planning Board, except that the Planning Board may require and shall
accept, in accordance with the standards adopted herein, for the purpose
of assuring the installation and maintenance of on-tract improvements:
A.
The furnishing of a performance guaranty in favor
of the Township of Washington in an amount not to exceed 120% of the
cost of installation for the following improvements only:
B.
Provision for a maintenance guaranty to be posted
with the governing body 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 the improvements are covered by a performance or
maintenance guaranty to another governmental agency, no performance
or maintenance guaranty, as the case may be, shall be required by
the Township for such utilities or improvements.
C.
The amount of any performance guaranty may be reduced
by the governing body, by resolution, when portions of the improvements
have been certified by the Township 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 the governing
body by resolution.
D.
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 Township for the
reasonable cost of the improvements not completed or corrected, and
the Township may either prior to or after the receipt of the proceeds
thereof complete such improvements.
E.
When all of the required improvements have been completed,
the obligor shall notify the governing body, in writing, by certified
mail addressed in care of the Township Clerk, of the completion of
said improvements and shall send a copy thereof to the Township Engineer.
Thereupon, the Township Engineer shall inspect all of the improvements
and shall file a detailed report, in writing, with the governing body,
indicating either approval, partial approval or rejection of the improvements
with a statement of reasons for any rejection. If partial approval
is indicated, the cost of the improvements rejected shall be set forth.
F.
The governing body shall either approve, partially
approve or reject the improvements on the basis of the report of the
Township 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 the performance guaranty except for that
portion adequately sufficient to secure provision of the improvements
not yet approved. Failure of the governing body 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.
G.
If any portion of the required improvements are 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 chapter, shall be followed.
H.
The obligor shall reimburse the Township for all reasonable
inspection fees paid to the Township Engineer for the foregoing inspection
of improvements.
[Amended 12-15-1980 by Ord. No. 69-80]
A.
As a condition for approval of a major site plan,
an applicant shall be required by the approving agency to pay his
pro rata share of the cost of providing reasonable and necessary street
improvements, recreational facilities, water, sewage, drainage and
other utility facilities, and easements therefor, located outside
the property limits of the development but necessitated or required
by construction or improvements within such development. Any such
improvements shall be based on the circulation and comprehensive utility
service plans of the Master Plan. The developer shall either construct
the off-tract improvement or contribute its pro rata share of the
cost, at the option of the approving authority, subject to the approval
of the governing body. If the developer constructs the improvement,
it shall be compensated by the Township of Washington for all but
the developer's pro rata share of the cost of 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.
[Amended 7-19-1993 by Ord. No. 21-93]
B.
Standards for determining the developer's pro rata
share of the cost of an off-tract improvement.
(1)
If only the tract to be developed is benefited by
the off-tract improvement, the entire cost of the improvement will
be paid by the developer.
(2)
If both the tract to be developed and other lots are
benefited, the developer shall pay any difference between the total
cost of the off-tract improvement and the total amount by which all
lots serviced thereby, including the developed tract, have been specially
benefited, unless the governing body, on recommendation or referral
by the approving authority, determines that the improvement shall
be constructed as a local improvement, in which case the developer
shall pay, in addition, the value of the special benefit to be conferred
upon the developed property, and each other benefited property owner
shall pay the value of the benefit conferred upon its respective lot.
(3)
If any off-tract improvement is not to be constructed,
the developer's pro rata share shall be zero.
C.
Determination of the amount by which each lot served
is benefited.
(1)
Upon request of the approving authority, the Tax Assessor
of the Township of Washington shall determine which lots are benefited
by the proposed off-tract improvement and the amount by which each
such lot is specially benefited.
(2)
The amount by which each tract is specially benefited
shall be determined in a manner consistent with N.J.S.A. 40:56-27
and the manuals, rules and regulations prescribed by the State of
New Jersey for assessment and valuation of property and other recognized
authority deemed necessary by the Tax Assessor.
(3)
If the Tax Assessor is unable to make the determination
required, the approving authority shall select a qualified valuation
company approved by the Tax Assessor to make the determination in
the manner prescribed.
(4)
Any cost of making the determination shall be paid
solely by the developer from the developer's deposit.
(5)
The determination of the Tax Assessor or valuation
company shall be confirmed, modified or rejected by the approving
authority after a hearing on notice to the developer. The hearing
shall be conducted in accordance with the approving authority's rules
of procedure.
D.
Deposit.
(1)
Upon determination by the approving authority that an off-tract improvement is necessitated or required, the developer shall submit an additional deposit in the sum of 120% of the estimated cost of obtaining, making and reviewing the determination in Subsection C above.
(2)
Failure of the developer to submit the deposit within
15 days of request by the approving authority shall render the application
incomplete.
(3)
Only the formula for calculating the developer's pro
rata share of the estimated cost of the improvement shall be determined
in conjunction with site plan approval. The estimated cost may be
modified prior to installation or in conjunction with final site plan
approval. The actual amount shall be determined after completion,
and a refund will be made or an additional payment required depending
on the actual cost of the improvement.
(4)
If the improvement is to be constructed by the developer,
the approving authority shall require the developer either to pay
120% of the estimated cost of the improvement or to deliver a performance
guaranty in that amount either prior to installation or as a condition
of final approval, whichever is earlier. If the municipality is to
construct the improvement, the approving authority shall require the
developer either to pay 120% of the developer's pro rata share of
the estimated cost of the improvement or to deliver a performance
guaranty in that amount as a condition of final approval. The funds
shall be for the construction of the off-tract improvement.
[Added 4-20-1998 by Ord. No. 4-98]
The geotechnical improvements required by § 159-48, and Chapter 175, Subdivision of Land, § 175-30, to address site specific karst/solution features shall be installed prior to final approval or bonded. Inspection of these improvements shall be under the supervision of the Township Engineer in conjunction with the Township Geological Consultant and, if necessary, in the opinion of the Township Engineer, a Township Geotechnical Engineer as designated by the Township Engineer.
