[HISTORY: Adopted by the Mayor and Township Council of the
Township of Toms River 12-9-2008 by Ord. No. 4168-08.[1] Amendments noted where applicable.]
The following procedure shall be followed by each applicant
desiring to obtain approval and acceptance of streets and roads into
the Municipal Road System, in the Township of Toms River in the County
of Ocean, and said procedure shall apply to all streets, avenues and
roads constructed under and in accordance with the requirements of
the Subdivision Ordinance of the Township of Toms River, and all amendments
and supplements thereto:[1]
A.
Application shall be made in writing, in which the following information
shall be furnished:
(1)
The name of the development or subdivision and the title and filing
date of the map of the subdivision or development.
(2)
The names of the streets or roads and the description giving the
extent and limit of each street or road which the Township is being
requested to accept.
(3)
A description of the performance bond, if any, covering the improvements
to be constructed in the development.
(4)
The furnishing of a maintenance bond or guarantee, 10% in cash and
5% in surety bond in a form satisfactory to the Township Attorney,
in an amount equal to 15% of the total value of the improvements required
by the Subdivision Ordinance[2] as estimated by the Township Engineer.
(a)
If the developer specifically so agrees, an amount equal to
said 10% cash bond may be retained from the cash bond forming part
of the total guarantee for the installation of improvements as required
under Ordinance No. 1048.[3] Otherwise, the 10% cash bond, together with the 5% surety
bond, will be deposited with the Township Engineer, and the Township
Engineer shall remit the cash bond to the Township Treasurer, to be
held as herein indicated.
(b)
The guarantee shall remain in full force for a period of two
years after final acceptance of said improvements by the Township
Council except as hereinafter provided, and shall provide that the
developer or principal shall replace, repair or correct all work performed
and all materials furnished that are not satisfactory to the Township
and according to the requirements of the Subdivision Ordinance and
other appropriate ordinances of this municipality. If at the end of
two years all work has been performed and all materials furnished
to the satisfaction of the Township and in accordance with the requirements
of the appropriate ordinances, the bonds shall be released, but otherwise
the guarantee shall remain in effect even after the expiration of
said two-year period and until such time as the work has been performed
and all materials furnished, as aforesaid, and all bonds shall so
provide.
(c)
If any part of the improvements need to be replaced, repaired
or corrected during the two-year period, the Township Engineer shall
so notify the developer or principal, in writing, and if the developer
or principal refuses or neglects to start such work within 10 days
from the date of service of written notice, as aforesaid, or at such
other later time as the Township Engineer may direct, or if the developer
or principal fails to complete such work within the time prescribed
by the Township Engineer, then the Township Council shall have the
work done by others and the cost thereof shall be paid by the developer
or principal and/or deducted from the bonds, as aforesaid.
(d)
Before the developer or principal is released from the bond
aforesaid, the Township Engineer shall certify in writing to the Township
Council that the obligations hereunder have been duly performed.
B.
The request for acceptance shall be referred by the Township Council
to the Township Engineer and Director of Public Works for investigation
and report.
C.
Upon receipt of favorable report and recommendation, both from the
Township Engineer and the Director of Public Works, the Township Council
may accept the designated streets into the Township road system.
D.
If the developer has posted a performance bond either in the form
of a surety bond, cash or its equivalent, he may make written request
for cancellation of the bond and/or the return of the cash deposit,
after the project has been completed and accepted by the Township
of Toms River.
E.
Notwithstanding anything to the contrary herein contained, the report
and recommendation from the Director of Public Works shall be based
on a visual inspection only, and the Director of Public Works shall
have responsibility only for items that are susceptible of visual
observation.
The Township of Toms River shall supply the forms upon which
the applications referred to in the preceding section shall be made
in order that all of said applications shall be in standard form.
