[Amended 10-20-1980 by Ord. No. 37-80; 11-15-1982 by Ord. No. 24-82]
A. Completion of improvements.
[Amended 11-18-1991 by Ord. No. 36-91]
(1) Following preliminary approval, but prior to final
subdivision approval, the subdivider may elect to install all improvements
as required by the Planning Board, under the supervision and inspection
of the Township Engineer, or he may post a performance guaranty to
assure the installation of any or all required improvements as hereinafter
provided and install any required improvements not covered by the
performance guaranty.
(2) Following installation of improvements and/or posting
of performance guaranties as provided above, the subdivider shall
be entitled to file the final subdivision plat upon receipt of final
subdivision approval; however, no construction permits shall be issued
in the subdivision or section thereof for which final approval was
obtained until the complete installation of all required improvements,
including the filing with the Township Engineer of all as-built plans
and profiles of all utilities, including stormwater management facilities,
with a certification as to the actual construction, except the following:
[Amended 4-15-2002 by Ord. No. 14-02]
(a)
The final bituminous surface course of streets;
(f)
Detention basin landscaping;
(3) All improvements covered by the performance guaranties
shall be completed within two years of final approval unless an extension
of time is granted by the Township Committee and shall be completed
to the satisfaction of the Township Engineer prior to the issuance
of the last 10% percent (rounded up to the next whole numeral) of
certificates of occupancy for the subdivision.
[Amended 4-15-2002 by Ord. No. 14-02]
(4) If the subdivider elects to post performance guarantees
pursuant to this section, the final plat shall contain the following
statement in bold letters:
[Amended 6-21-1999 by Ord. No. 14-99; 2-27-2003 by Ord. No. 3-03]
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NOTICE
CONSTRUCTION OF ALL REQUIRED IMPROVEMENTS IS TO BE COMPLETED WITHIN TWO YEARS OF FINAL APPROVAL UNLESS AN EXTENSION OF TIME HAS BEEN OBTAINED FROM THE TOWNSHIP COMMITTEE. THE MUNICIPALITY HAS NO OBLIGATION TO CONSTRUCT ANY IMPROVEMENTS NOT COMMENCED, NOR TO COMPLETE ANY IMPROVEMENTS COMMENCED BY DEVELOPER EXCEPT TO THE EXTENT OF FUNDS RECEIVED FROM THE PERFORMANCE GUARANTEES POSTED BY DEVELOPER WITH THE MUNICIPALITY. NO BUILDING PERMITS SHALL BE ISSUED UNTIL COMPLETION OF ALL REQUIRED IMPROVEMENTS WITH THE EXCEPTION OF THOSE SET FORTH IN § 175-31A(2).
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B. To assure the repair and/or correction of certain
installed improvements during the period of construction prior to
Township acceptance, the Planning Board may require a performance
guaranty in an amount equal to 10% of the value of such installed
improvements. Pavement, curbing, drainage and items shown on the plans
or required by ordinance which have been installed during said construction
period may be subject to this requirement.
C. The performance guaranty to be furnished shall comply
with the requirements of this chapter and of the Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq.
[Amended 2-19-1990 by Ord. No. 6-90]
D. 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. These items may then be waived in accordance with §
175-8.
E. To assure the repair and/or correction of certain
installed improvements during the period of construction prior to
Township acceptance, the Planning Board may require a performance
guaranty in an amount equal to 10% of the value of such installed
improvements. Pavement, curbing, drainage and items shown on the plans
or required by ordinance which have been installed during said construction
period may be subject to this requirement.
F. The performance guaranty to be furnished shall comply
with the requirements of this chapter and of the Municipal Land Use
Law, N.J.S.A. 40:55D-1 et seq.
[Amended 2-19-1990 by Ord. No. 6-90]
G. 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. These items may then be waived in accordance with §
175-8.
All improvements required by the Planning Board
shall, before being accepted by the Township, be covered by a maintenance
bond running in favor of the Township of Washington in the amount
of 15% of the estimated cost of the improvements as estimated by the
Township Engineer. Said maintenance bond shall run for a period of
two years and provide for the proper repair and/or replacement of
any such improvements during said period. The two-year period shall
be from the date of the acceptance of the improvements by the Township,
and no performance guaranty shall be released by the Township until
such time as the maintenance bond herein required has been posted
with the Township.
[Amended 12-18-1978 by Ord. No. 34-78]
A. 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. Each developer shall be responsible for snow removal in major subdivisions until the roads are accepted by the Township in accordance with §
175-35A(2).
B. The Township Committee 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 subdivision.
Fees for engineering inspections during and after construction and during the maintenance period shall be in accordance with §
175-11 herein as computed by the Township Engineer. In the event that construction proceeds at a very slow rate and the work is not pursued in a diligent manner resulting in an increase in the number of engineering inspections, or in the event of faulty installations, inferior materials or workmanship causing an increase in the number of engineering inspections, any additional fees charged to the Township by the Township Engineer and any additional inspection costs shall be paid by the subdivider.
[Amended 10-20-1980 by Ord. No. 41-80]
A. For developments where preliminary approval is granted prior to the effective date of this amendment. Any subdivision requiring off-tract improvements, as defined herein, shall comply with the provisions of this chapter. Performance and maintenance guaranties shall be provided in accordance with §§
175-35 and
175-36. The following criteria shall be utilized in determining the proportionate share of such improvement to the owner or subdivider:
(1) Street widening, alignment, corrections, channelization
of intersections, construction of barriers, new or improved traffic
signalization, signs, curbs, sidewalks, trees, utility improvements
not covered elsewhere, the construction of new streets and other similar
street or traffic improvements: The owner's or subdivider's proportionate
cost shall be in the ratio of the estimated peak-hour traffic generated
by the proposed property or properties to the sum of the present deficiency
in peak-hour traffic capacity of the present facility and the estimated
peak-hour traffic generated by the proposed development. The ratio
thus calculated shall be increased by 10% for contingencies.
(2) Water distribution facilities, including the installation
of new water mains, the extension of existing water mains, the relocation
of such facilities and the installation of other appurtenances associated
therewith: The owner's or subdivider's proportionate cost shall be
in the ratio of the estimated daily use of water from the property
or properties in gallons to the sum of the deficiency in gallons per
day for the existing system or subsystem and the estimated daily use
of water for the proposed development. The ratio thus calculated shall
be increased by 10% for contingencies.
(3) Sanitary sewage distribution facilities, including
the installation, relocation or replacement of collector and interceptor
sewers and the installation, relocation or replacement of other appurtenances
associated therewith: The owner's or subdivider's proportionate cost
shall be in the ratio of the estimated daily flow in gallons to the
sum of the present deficient capacity for the existing system or subsystem
and the estimated daily flow from the proposed project or development.
In the case where the peak flow from the proposed development may
occur during the peak flow period for the existing system, the ratio
shall be the estimated peak flow rate from the proposed development
in gallons per minute to the sum of the present peak flow deficiency
in the existing system or subsystem and the estimated peak flow rate
from the proposed development. The greater of the two ratios thus
calculated shall be increased by 10% for contingencies and shall be
the ratio used to determine the cost to the owner or subdivider.
(4) Stormwater and drainage improvements, including the
installation, relocation or replacement of storm sewers, culverts,
bridges and catch basins and the installation, relocation or replacement
of other appurtenances associated therewith: The owner's or subdivider's
proportionate cost shall be in the ratio of the estimated peak surface
runoff, based on a fifteen-year storm frequency, as proposed to be
delivered into the existing system measured in cubic feet per second
to the sum of the deficient existing peak flow in cubic feet per second
for the existing system and the estimated peak flow as proposed to
be delivered. The ratio thus calculated shall be increased by 10%
for contingencies.
B. For development applications where preliminary approval
is granted after the effective date of this section.
(1) As a condition of preliminary approval, the developer
may be required by the approving agency to pay its pro rata share
of the cost of providing only reasonable and necessary street improvement,
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 the proposed development.
Any such improvement shall be based upon the circulation and comprehensive
utility service elements 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.
(2) Standards for determining the developer's pro rata
share of the cost of an off-tract improvement.
(a)
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.
(b)
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.
(c)
If any off-tract improvement is not to be constructed,
the developer's pro rata share shall be zero.
(3) Determination of the amount by which each lot served
is benefited.
(a)
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.
(b)
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.
(c)
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.
(d)
Any cost of making the determination shall be
paid solely by the developer from the developer's deposit.
(e)
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.
(4) Deposit.
(a)
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
B(3) above. All deposits shall be handled in the same manner as set forth in §
175-11B(2).
(b)
Failure of the developer to submit the deposit
within 15 days of request by the approving authority shall render
the application incomplete.
(c)
Only the formula for calculating the developer's
pro rata share of the estimated cost of the off-tract improvement
shall be determined in conjunction with preliminary subdivision approval.
The estimated cost may be modified prior to installation or in conjunction
with final subdivision 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.
(d)
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 used solely for the construction of the off-tract
improvement.
C. Definitions. Unless the context otherwise indicates,
for the purpose of this chapter, certain words and phrases used are
defined for the purpose hereof as follows:
DRAINAGE
Includes without limitation, drainage necessary for street
or other improvements, including construction or improvement of ditches,
streams, rivers and other channels generally.
STREET IMPROVEMENTS
Includes, without limitation, all grading, pavement, curbing,
sidewalks, guardrails, shade trees, surveyor's monuments, traffic
control devices, right-of-way acquisitions and professional and administrative
costs relating thereto and all other expenses and appurtenances associated
therewith. Unless the approving authority specifies to the contrary,
street improvements shall be to full Master Plan standards.
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.