Township of Washington, NJ Article VI Improvements

§ 175-31 General requirements.

[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[1]]

(a) The final bituminous surface course of streets;

(b) Sidewalks;

(c) (Reserved)[2]

[2] Editor's Note: Former Subsection A(2)(c), dry wells and swales, was repealed 6-21-2004 by Ord. No. 14-04.

(d) Monuments;

(e) Shade trees;

(f) Detention basin landscaping;

[1] Editor's Note: This ordinance also provided that any subdivision which received preliminary subdivision approval prior to the effective date of this ordinance shall be exempt from the provisions of this ordinance.

(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[3]]

[3] Editor's Note: This ordinance also provided that any subdivision which received preliminary subdivision approval prior to the effective date of this ordinance shall be exempt from the provisions of this ordinance.

(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]

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).

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[4]]

[4] Editor's Note: This ordinance also repealed former Subsection C and provided for the renumbering of former Subsections D and E as Subsections C and D.

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.

§ 175-32 Construction standards.

A. Township standards. All standards and specifications of the Township as now or hereafter adopted shall govern the design, construction and installation of all improvements. Failure of the subdivider, developer, his contractor or agent to conform to said specifications shall be just cause for the suspension of the work being performed. No subdivider shall have the right to demand or claim damages from the Township, its officers, agents or servants by reason of said suspension.

B. Other standards.

(1) In the event that the Township has not adopted standards for a specific type of improvement, then generally accepted engineering standards as set forth in engineering and construction manuals, as may be approved and modified by the Township Engineer for a specific situation, shall be used.

(2) Gas, electric, telephone and similar utilities shall be installed in accordance with applicable company, state and federal requirements.

C. Grades. All construction stakes and grades shall be set by a licensed land surveyor in the employ of the subdivider, developer or contractor. One copy of all cut sheets shall be filed with the Township Engineer prior to the commencement of any construction.

D. Inspection. Prior to the start of the construction or installation of such improvements, the subdivider shall advise the Township Engineer 48 hours prior to the commencement of such work. No underground installation shall be covered until inspected and approved by the appropriate official. If during installation of any of the required improvements the subdivider fails to meet specification requirements or to correct unacceptable work, the subdivider shall be notified, in writing, by certified mail, return receipt requested, that the subdivider has failed to comply with specifications or to correct unacceptable work properly, and said notice shall set forth in detail what has not been properly installed. If within 10 days after certified date of receipt of such notice the subdivider has failed to perform in accordance with the notice, the Township shall then cause the notice of failure to comply to be served upon the subdivider, and a copy shall be sent to the governing body and Planning Board for appropriate action.

§ 175-33 Site conditions.

A. Site conditions. During construction the site shall be maintained and left each day in a safe and sanitary manner, and any condition which could lead to personal injury or property damage shall be immediately corrected by the subdivider.

B. Disposal of dead trees, litter, building materials. Developed areas shall be cleared of all stumps, litter, rubbish, brush, weeds, dead and dying trees, roots and debris, and excess of scrap building materials shall be removed or destroyed immediately upon the request of and to the satisfaction of the Construction Official prior to issuing an occupancy permit.

C. Earth removal. No part of the top layer of soil shall be removed from the site or used as spoil unless approved by the Township Committee. At least six inches of such soil shall be provided within 25 feet of the structure and appropriately landscaped. All non-hard-surfaced areas of the lot or those portions without structures shall be stabilized by seeding or planting to prevent soil erosion. Areas where vegetation has been removed or the surface has been disturbed and which constitute a potential soil erosion problem shall be appropriately stabilized to the satisfaction of the Township Engineer and Construction Official.

D. Changes in elevation.

(1) No change shall be made in the elevation or contour of any lot or site by the removal of earth to another lot or site other than as shown on an approved preliminary plat.

(2) Minimal changes in elevations or contours necessitated by field conditions may be made only after approval by the Township Engineer. All said changes necessitated by field conditions shall be shown on the final plat and indicated as a change from the preliminary, or if final approval has been granted, said changes shall be shown on the as-built plans.

E. Temporary improvements. During construction, the Township Engineer may require the installation or construction of improvements to prevent or correct temporary conditions on the site which could cause personal injury, damage to property or constitute a health hazard. These conditions may result from erosion and landslide, flooding, heavy construction traffic, creation of steep grades and pollution. Improvements may include grading, plantings, retaining walls, culverts, pipes, guardrails, temporary roads and others appropriate to the specific condition.

§ 175-34 Specific improvements.

A. Surface water management improvements. Surface water management improvements and measures conforming to the standards in §§ 175-27T and 175-49 shall be provided.[1]

[Added 8-16-1982 by Ord. No. 19-82]

[1] Editor's Note: Former Subsection A, Surface Water Management, was repealed 5-18-1981 by Ord. No. 14-81.

B. Sanitary sewage disposal.

(1) Provisions shall be made to convey sanitary waste from each lot through laterals and interceptors of sufficient size, material and capacity to collectors and then to trunk sewers to public treatment facilities. Where a public sanitary sewer system is not reasonably accessible, approved individual septic systems shall be installed for each lot except as noted below.

(2) Where a public sanitary sewage disposal system is not now reasonably accessible but will be within three years of date of preliminary approval, as evidenced by a letter from the appropriate sewer authority, the subdivider may be required by the Planning Board to install within the subdivision a complete sewer pipe system, including provisions for the connection thereto at each structure. Until such time as the public sanitary sewage disposal system is capable of becoming operable, individual septic systems or other appropriate and approved waste treatment facilities shall be required. A sanitary waste disposal system shall include all or part of the following: pipes and necessary appurtenances such as manholes, lampholes, pumping stations, drainage tiles, valves and siphons.

(3) Where connection to a public sanitary sewage disposal system is not proposed, the minimum lot requirements in a residential zone shall be the bulk requirements of the R-1/R-2 Zone or the zone in which they are actually located, whichever is greater.

[Added 2-15-1988 by Ord. No. 3-88; amended 10-15-2001 by Ord. No. 32-01; 6-17-2002 by Ord. No. 22-02]

(4) Where connection to a public sanitary sewage disposal system is proposed, at the time of application, the applicant shall submit a letter from the appropriate Municipal Utilities Authority stating:

[Added 8-19-1991 by Ord. No. 26-91; amended 11-18-1996 by Ord. No. 30-96]

(a) The tract is within the Authority's service area.

(b) The tract could be served by the Authority subject to availability of capacity at time of approval, as per § 175-22E(3).

(5) Where connection to a public sanitary sewage disposal system is proposed, as a condition precedent to approval by the Planning Board, the appropriate Municipal Utilities Authority shall state, in writing, that a public sanitary sewer disposal system will be available per § 175-22E(3).

[Added 8-19-1991 by Ord. No. 26-91; amended 11-18-1996 by Ord. No. 30-96]

C. Water.

(1) Provision shall be made to provide each lot with an adequate and continuous supply of potable water.

(2) Where a public water system is reasonably accessible, all lots shall be connected thereto, provided that adequate yield and pressure are available without a negative effect on present users as defined in § 175-22E(1).

[Amended 11-18-1996 by Ord. No. 30-96]

(3) In the event that such an adequate public system is not reasonably accessible, the subdivider shall submit plans to provide a suitable system for supplying water at the subdivider's expense.

(4) Where an adequate public water system is not now reasonably accessible but will be within three years of date of preliminary approval, as evidenced by a letter from the Municipal Utilities Authority or appropriate franchised water company, the subdivider may be required by the Planning Board to install within the subdivision a complete water distribution system including provisions for connection to each structure. Until such time as the system is capable of becoming operable, individual wells shall be installed.

(5) A water system shall include all or part of the following: pipes and necessary appurtenances of sufficient size, material and capacity, pumps, valves, pumping stations, standpipes and fire hydrants.

(6) Fire hydrants shall be of a design and type approved by the Township and shall be installed in accordance with Township requirements.

(7) For subdivisions of five or more lots, a fire-protection system shall be provided. Where public water is not proposed, the system shall meet the criteria set forth in § 175-50.

[Added 2-16-1987 by Ord. No. 3-87; amended 6-17-1991 by Ord. No. 13-91]

(8) Where connection to public water is not proposed, the minimum lot requirements in a residential zone shall be the bulk requirements of the R-1/R-2 Zone or the zone in which they are actually located, whichever is greater.

[Added 2-15-1988 by Ord. No. 3-88; amended 10-15-2001 by Ord. No. 32-01; 6-17-2002 by Ord. No. 22-02]

D. Private utilities. Gas lines, telephone lines, electrical service, cable television and similar utilities shall consist of those improvements and proper installation of the same required by the applicable municipal, federal or state law or public utility regulation.

E. Vehicular and pedestrian improvements. Such improvements shall include all or part of the following: street paving, curbs, gutters, concrete sidewalks, bituminous concrete driveway aprons, streetlighting, traffic signs, traffic control devices and guardrails and other street improvements.

(1) Streets. Streets shall meet the design specifications established in Article VII, Design Standards.

(2) Street signs. The design and location of all street signs shall be approved by the Planning Board. The name of all new streets shall be approved by the governing body or its designee.

(3) Sidewalks and driveways. In the R-1 Zone, sidewalks shall be installed on both sides of through streets. On dead-end streets in the R-1 Zone and on all streets in other zones, sidewalks may be required where deemed necessary in the interest of public safety. Sidewalks, where required, and driveways shall be constructed in accordance with Chapter 172, Streets and Sidewalks, Article II, Sidewalk Construction, and Article III, Driveway Construction.

[Amended 4-18-1983 by Ord. No. 9-83]

(4) Traffic signs and control devices. These improvements, such as stop, yield and one-way signs, etc., shall be designed and installed in accordance with applicable federal, state and county regulations. Recommendation as to their installation shall be reviewed by the Police Department.

(5) Guardrails. These shall be designed to prevent cars from leaving the road. They shall be installed where danger exists to the traveling public due to steep topography, narrow roadways, location of drainage ditches or other similar conditions.

(6) Street lighting. The subdivider shall be responsible for the installation of street lighting facilities as approved by the Township Committee and in accordance with the standards of § 159-41.

[Added 8-19-2002 by Ord. No. 32-02]

F. Natural improvements. These improvements shall include all or some of the following: shade trees, topsoil, earth removal, borrow and fill, improvements to prevent erosion and landslides, improvements to prevent damage to adjacent property, to protect vistas and existing natural growth. All such improvements shall be installed within one year of the issuance of any certificate of occupancy.

G. Shade trees. The standards for shade trees and for the installation thereof shall be as follows:

(1) All trees must be nursery-grown according to the American Association of Nurserymen guidelines.

[Amended 10-15-2001 by Ord. No. 31-01]

(2) Trees are to be balled and burlapped, well branched and with a good root system.

(3) Trees are to have straight trunks.

(4) Trees must be true to name.

(5) Backfill should consist of 50% humus for each tree.

(6) All trees are to be generously, thoroughly watered at time of planting.

(7) Trees will be properly pruned at time of planting.

(8) All excess debris and soil is to be removed from the planting site. No soil is to be piled around base of tree.

(9) Trees are to be guaranteed for a period of two years from the date that the Township Committee accepts the subdivision streets.

[Amended 10-15-2001 by Ord. No. 31-01]

(10) Trees shall be ed on site plans and shall be covered by a performance bond. Notification of planting must be given to the Shade Tree Committee one month prior to installation.

[Amended 12-17-1984 by Ord. No. 31-84]

(11) Each tree will be staked approximately five feet from the ground with two stakes two inches by two inches by six feet long. Trees will be wired to stakes passing through a rubber hose where attached to tree.

(12) All trees shall be no less than two-and-one-half-inches to three-inches caliper per the American Association of Nurserymen guidelines, measured six inches above ground. Amended 3-17-1980 Ord. No. 12-80; 3-21-1988 by Ord. No. 7-88; 10-15-2001 by Ord. No. 31-01

(13) Shade trees shall not be planted within the road right-of-way. A separate shade tree easement of a ten-foot width shall be provided adjacent to the street right-of-way, except that at intersections, the shade tree easement shall be adjacent to the sight easement.

[Amended 2-18-1980 by Ord. No. 5-80; 5-18-1981 by Ord. No. 14-81; 12-17-1984 by Ord. No. 31-84]

(14) Trees shall be planted 30 feet to 50 feet apart, as determined by the Shade Tree Committee.

[Amended 9-21-1981 by Ord. No. 28-81; 12-17-1984 by Ord. No. 31-84]

(15) The Shade Tree Committee shall provide the owner or developer with a list of approved trees for planting. Said list shall be selected by the Shade Tree Committee from the Trees for New Jersey Streets, published by the New Jersey Federation of Shade Tree Commissions. No evergreens are to be planted where they will shade the road and cause icing conditions.

[Amended 3-17-1980 by Ord. No. 12-80; 9-21-1981 by Ord. No. 28-81; 12-17-1984 by Ord. No. 31-84; 10-15-2001 by Ord. No. 31-01]

(16) For installation of shade trees at street intersections, the applicant shall comply with the Land Development Standards of the County of Morris, New Jersey, as amended and supplemented.

(17) No shade trees will be required where the existing wood line is next to or encroaches into the shade tree easement.

[Added 10-15-1979 by Ord. No. 69-79; amended 12-17-1984 by Ord. No. 31-84; 10-15-2001 by Ord. No. 31-01]

H. Monuments. Monuments shall be of such size and shape and properly located as required by the Map Filing Law.[2]

[2] Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

I. Lot suitability improvements. Lot substandard suitability improvements conforming to the requirements of § 175-46, including but not limited to site improvements implementing grading and drainage plans conforming to § 175-27R, as revised, such as grading, foundation, roof, yard and/or french drains, etc., sight easements and construction and design techniques.[3]

[Added 8-16-1982 by Ord. No. 19-82]

[3] Editor's Note: Former Subsection j, Recreation Facilities, added 6-17-1991 by Ord. No. 16-91, as amended 7-15-1991 by Ord. No. 22-91, which immediately followed this subsection, was repealed 11-21-1994 by Ord. No. 23-94 and 8-21-1995 by Ord. No. 27-95.

J. Geotechnical improvements. The geotechnical improvements required by §§ 175-30 and 175-52 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.

[Added 4-20-1998 by Ord. No. 4-1998]

§ 175-35 Performance guaranties and subdivision agreements.

A. Performance guaranty and subdivision.

(1) No final plat shall be approved by the Board until an agreement is entered into between the subdivider and the Township incorporating all of the terms and conditions of all approvals granted by the Planning Board. No final plat shall be approved by the Board until the subdivider shall have filed with the Township a performance guaranty in an amount not to exceed 120% of the cost of installation of all required improvements which have not been installed or completed prior to final approval as estimated by the Township Engineer, completion of all such required improvements has been certified, in writing, to the Board by the Township Engineer, assuring the installation of such improvements on or before an agreed date in accordance with the time set forth in Subsection C and certification from the subdivider's bonding company that it will issue the required maintenance bond at the time of completion of the improvements.

[Amended 12-18-1978 by Ord. No. 34-78; 11-18-1991 by Ord. No. 36-91]

(2) Snow removal.

[Amended 12-18-1978 by Ord. No. 34-78; 4-21-1980 by Ord. No. 17-80; 9-17-1984 by Ord. No. 24-84]

(a) Each developer shall be responsible for snow removal in major subdivisions until such time as roadway improvements are accepted by the Township pursuant to § 175-37, Acceptance of improvements. If the improvements to a street right-of-way are accepted by the Township for purposes of release of a performance guaranty any time from November 1 through March 31, the Township shall not be deemed to have accepted said right-of-way for the purposes of maintenance, snow removal and other street-related services. However, if a developer provides notice, in writing, to the Department of Public Works prior to November 1 that application for acceptance of improvements shall be made to the Township and that actual acceptance by the Township may occur sometime between November 1 and March 31, then general principles of law shall determine whether the Township has accepted the dedication.

(b) Each developer shall be required to post a separate cash performance guaranty for snow removal in the amount of $100 per 100 linear feet of road or $1,500, whichever is greater. In the event of failure of the developer to satisfactorily provide snow removal within eight hours of the start of snowfall, the Township shall have the option to take the necessary actions and charge the cost of said snow removal against the cash performance guaranty. The cost of snow removal is hereby defined to include the personnel, equipment and/or material for plowing of roads and/or spreading of salt/sand. Any depletion of the cash bond caused by the reimbursing of the Township for snow removal under the circumstances described above shall be restored by the developer within 30 days. Upon acceptance of the subdivision improvements by the Township, the remaining cash performance guaranty balance shall be returned to the developer.

[Amended 8-21-1995 by Ord. No. 24-95]

(c) Any person who fails to satisfactorily provide snow removal in accordance with the requirements of Subsection A(2)(a) and (b) above shall be subject, upon conviction, to the penalties provided in § 1-3 of this Code. Each day a particular violation continues shall constitute a separate offense. The above-stated penalties shall be in addition to the restoration of the snow removal guaranty as required in Subsection A(2)(b) above.

[Added 5-19-1997 by Ord. No. 16-97; amended 4-16-2007 by Ord. No. 9-07]

(3) Soil erosion and sedimentation control.

[Amended 7-20-1992 by Ord. No. 12-92]

(a) Prior to the start of any major subdivision construction, including but not limited to clearing or grading, a separate cash performance guaranty for soil erosion and sedimentation control shall be posted in the amount of $200 per lot. In the event of noncompliance with the provisions of this chapter and/or the approved soil erosion and sedimentation control plan, the Township will issue a written notice to the developer. After 72 hours have elapsed from the receipt of said notice, the Township shall have the option to take corrective actions and charge the cost of corrective actions against the cash performance guaranty.

(b) In the event that the charges exceed the amount of the cash performance guaranty, the deficit shall be paid by the developer within 60 days. Upon acceptance of the subdivision improvements by the Township, the remaining cash performance guaranty balance shall be returned to the developer.

B. Type of guaranty. At least 10% of the performance guaranty shall be in the form of cash to be deposited with the Township. Such cash shall be deposited to the credit of the Township of Washington and may be usable at any point by the Township for the nonperformance of the subdivider. The remaining portion of the performance guaranty shall be issued by a bonding or surety company authorized to do business in the State of New Jersey, as approved by the Township Attorney.

[Amended 11-17-1980 by Ord. No. 62-80]

C. Time of guaranty. Performance guaranties shall run for a term not to exceed 24 months. Performance guaranties with the consent of the principal and surety, if there is a surety, may be extended by the governing body by resolution for an additional period not to exceed 18 months. As a condition or as part of any such extension, the amount of any performance guaranty shall be increased or reduced, as the case may be, to an amount not to exceed 120% of the cost of the installation as determined as of the time of the passage of the resolution.

[Amended 2-19-1990 by Ord. No. 6-90]

D. Township completion. If the required improvements have not been installed in accordance with the required standards and specifications of the Township within the time limit or extension thereof as described in Subsection C above and the requirements of the performance guaranties, the obligor and surety shall be liable thereon to the Township for all reasonable costs of the improvements not installed, and upon receipt of the proceeds thereof, the Township shall install such improvements and/or the Township may use such portions of said performance guaranties as have been deposited in cash with the Clerk to assure the completion of said improvements in accordance with the terms of this chapter and any applicable agreement.

E. Items required prior to acceptance of performance bond by the governing body. The following items shall be submitted to the governing body before acceptance of any performance bond:

(1) Letter from Township Engineer. Letter from the Township Engineer stating that the proposed bond covers all the items required by the Planning Board.

(2) List of items. A list of the items to be covered and the total cost thereof.

(3) Township Attorney's approval. Approval by the Township Attorney of the performance guaranty as to form and amount including amount in cash.

(4) Conformance with Township ordinances. A letter from the Township Engineer stating that all plans and specifications meet all applicable Township ordinances.

(5) Letter to Board. After approval and acceptance of the performance guaranty by the governing body, a letter stating that fact shall be sent to the Planning Board before the Planning Board shall sign the final plats for filing with the county.[1]

[1] Editor's Note: Former Subsection e6, Items Required by the Governing Board Before Releasing the Performance Bond or Any Part Thereof, which immediately followed this subsection, was redesignated as Subsection L on 11-18-1991 by Ord. No. 36-91.

F. Notification of completion or substantial completion. Upon substantial completion of all required appurtenant utility improvements and the connection of the same to the public system, the obligor may notify the governing body, in writing, by certified mail, addressed in care of the Municipal Clerk, of the completion or the substantial completion of improvements and shall send a copy thereof to the Municipal Engineer. Thereupon the Municipal Engineer shall inspect all improvements of which such notice has been given and shall file a detailed report, in writing, with the Township Committee, indicating either approval, partial approval or rejection of such improvements with a statement of reasons for any rejection. The cost of the improvements as approved or rejected shall be set forth.

[Added 2-19-1990 by Ord. No. 6-90]

G. Approval, partial approval or rejection of improvements by the Township Committee. The Township Committee shall either approve, partially approve or reject the improvements, on the basis of the report of the Municipal Engineer, and shall notify the obligor, in writing, by certified mail, of the contents of said report and the action of the Township Committee 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, provided that 30% of the amount of the performance guaranty posted may be retained to ensure completion of all improvements. Failure of the Township Committee 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 for such improvements.

[Added 2-19-1990 by Ord. No. 6-90]

H. Completion of rejected improvements. If any portion of the required improvements are rejected, the Township Committee 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.

[Added 2-19-1990 by Ord. No. 6-90]

I. Rights of obligor. Nothing herein, however, shall be construed to limit the right of the obligor to contest by legal proceedings any determination of the Township Committee or the Municipal Engineer.

[Added 2-19-1990 by Ord. No. 6-90]

J. Inspection fees. The obligor shall reimburse the Township for all reasonable inspection fees paid to the Municipal Engineer for the foregoing inspection of improvements, provided that the municipality may require of the developer a deposit for all or a portion of the reasonably anticipated fees to be paid to the Municipal Engineer for such inspection.

K. Provisions to be applied by stage or section. In the event that final approval is by stages or sections of development pursuant to N.J.S.A. 40:55D-38a, the provisions of this chapter shall be applied by stage or section.

[Added 2-19-1990 by Ord. No. 6-90]

L. Items required by the governing body before releasing the performance bond or any part thereof. The procedures established in this chapter and in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., shall govern the release or reduction of performance bonds. Before releasing any guaranties or portions thereof, the following items shall be submitted to the governing body:

(1) Recommendation. A recommendation by the Township Engineer that the bonds be reduced or released.

(2) As-built plans. An as-built plan and profiles of all utilities and roads with a certification as to the actual construction, the same to be approved by the Township Engineer and, where applicable, by the Municipal Utilities Authority Engineer. One copy of each shall be sent to the Clerk and a Mylar or similar copy to the Township Engineer. When a septic tank installation is involved, an additional copy shall be sent to the Washington Township Board of Health.

(3) Liens. An affidavit from the developer that there are no liens or other legal encumbrances on any of the improvements or utilities proposed to be deeded to the Township.

(4) Approval of installation. A written statement from the Township Engineer that all utilities and improvements required by the Planning Board have been installed and completed in accordance with applicable Township ordinances and builders agreement with the Township.

(5) Maintenance bond. A maintenance bond as provided in § 175-36 herein.

(6) Deeds. Deeds, free and clear of all encumbrances, for all streets, public easements, drainage and conservation easements, other lands dedicated to public use and any improvements to be dedicated or deeded to the Township or other public agency.

(7) Letter from Clerk. After the release of the bond, or any part thereof, a statement to that effect shall be sent to the Planning Board by the Township Clerk.

§ 175-36 Maintenance guaranties.

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.

§ 175-37 Acceptance of improvements.

[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.

§ 175-38 Fees.

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.

§ 175-39 Off-tract improvements.

[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.

§ 175-40 Utilities or improvements owned by other agencies.

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.