A.
The subdivider shall submit final major subdivision
plans and supporting materials to the Secretary of the Planning Board
with his application for approval of his final plans. Final plans
shall conform in all important details with preliminary plans as approved
by the Planning Board and must be submitted within three years of
the date of approval of the preliminary plans. Failure to apply for
final approval by submission of final subdivision plans as required
herein shall cause approval of the preliminary plans to expire. Any
conditions specified in the approval of the preliminary plans shall
be incorporated in the final plans.[1]
B.
The following materials shall be submitted by the
subdivider:
(1)
Twelve copies of the subdivision plan in the form
of a map or series of maps drawn to a scale not smaller than 50 feet
to the inch. Such map or maps shall be made of permanent materials.
One copy shall be made upon translucent tracing cloth or linen or
Mylar reproducible with black waterproof India ink, and one copy shall
be a cloth-print duplicate thereof. Both of these copies shall be
suitable for recordation according to law. Of the remaining copies,
one shall be a cloth-print duplicate and four copies shall be black-and-white
prints. The final plans shall show or shall be accompanied by the
following:
(2)
Four copies of a utility map or maps, showing but
not limited to sanitary and stormwater sewer facilities, waterlines,
curbs, sidewalks, fire hydrants, manholes and street signs.
(3)
Four copies of profile and cross-section maps or diagrams
of streets, showing proposed grades of curbs, sanitary and stormwater
sewers, waterlines and any other underground utilities and typical
parking area sections.
(4)
A certificate of title showing ownership of the subdivision
and one copy of any deed restrictions affecting the subdivision of
the property or a written statement by the subdivider that there are
no restrictions.
(5)
A certification from the office of the Township Tax
Collector that there are no delinquent taxes or delinquent assessments
for local improvements on the property to be subdivided.
(6)
A statement of the type or types of structures to
be erected, if any, together with sketches of typical lot layouts,
indicating front, side and rear yards, and a summary table of the
number of structures and/or dwelling units proposed.
(7)
Evidence that the plans are in conformity with zoning,
building, sanitation and other pertinent Township ordinances and regulations.
In any instance where such plans do not conform, evidence shall be
presented that an exception has been officially authorized.
(8)
A written statement by the subdivider concerning the
installation of improvements which are required by the Township in
the subdivision that:
(a)
All the required improvements have been actually
installed, which shall be verified by the certification of the Township
Engineer that the installation of improvements has been completed
in accordance with the provisions of this chapter; or
(9)
Evidence that the subdivision plan has been approved
by appropriate county and state offices with respect to sanitation
facilities, flooding, surface drainage, soil erosion and sediment
control and any other matters falling within their respective jurisdictions.
C.
All final record plans shall be prepared in complete
conformity with the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.
[Added 8-20-2018 by Ord. No. 4-2018[1]]
A.
Before filing of final subdivision plats or recording of minor subdivision deeds or as a condition of final site plan approval or as a condition to the issuance of a zoning permit pursuant to subsection d of § 52 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-65), the reviewing board shall require and shall accept, in accordance with the standards adopted by ordinance and regulations adopted pursuant to § 1 of P.L. 1999, c. 68 (N.J.S.A. 40:55D-53a) for the purpose of assuring the installation and maintenance of certain on-tract improvements, that the developer furnish a performance guarantee, and provision for a maintenance guarantee in accordance with Subsection A(1) and (2) of this section.
(1)
Performance guarantee; temporary certificate of occupancy guarantee;
safety and stabilization guarantee.
(a)
The developer shall furnish a performance guarantee in favor
of the Township in an amount not to exceed 120% of the cost of installation
of only those improvements required by an approval or developer's
agreement, ordinance, or regulation to be dedicated to a public entity,
and that have not yet been installed, which cost shall be determined
by the municipal engineer, according to the method of calculation
set forth in § 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4),
for the following improvements as shown on the approved plans or plat:
streets, pavement, gutters, curbs, sidewalks, street lighting, street
trees, surveyor's monuments, as shown on the final map and required
by the "Map Filing Law," P.L. 1960, c. 141 (N.J.S.A. 46:23-9.9 et
seq.; repealed by § 2 of P.L. 2011, c. 217) or N.J.S.A.
46:26B-1 through N.J.S.A. 46:26B-8, water mains, sanitary sewers,
community septic systems, drainage structures, public improvements
of open space, and any grading necessitated by the preceding improvements.
The municipal engineer shall prepare an itemized cost estimate of
the improvements covered by the performance guarantee, which itemized
cost estimate shall be appended to each performance guarantee posted
by the obligor.
(b)
A performance guarantee shall include, within an approved phase
or section of a development, privately owned perimeter buffer landscaping,
as required by local ordinance or imposed as a condition of approval.
At the developer's option, a separate performance guarantee may
be posted for the privately owned perimeter buffer landscaping.
(c)
In the event that the developer shall seek a temporary certificate of occupancy for a development, unit, lot, building, or phase of development, as a condition of the issuance thereof, the developer shall furnish a separate guarantee, referred to herein as a "temporary certificate of occupancy guarantee," in favor of the Township in an amount equal to 120% of the cost of installation of only those improvements or items which remain to be completed or installed under the terms of the temporary certificate of occupancy and which are required to be installed or completed as a condition precedent to the issuance of the permanent certificate of occupancy for the development, unit, lot, building or phase of development and which are not covered by an existing performance guarantee. Upon posting of a temporary certificate of occupancy guarantee, all sums remaining under a performance guarantee, required pursuant to Subsection A(1)(a) of this section, which relate to the development, unit, lot, building, or phase of development for which the temporary certificate of occupancy is sought, shall be released. The scope and amount of the temporary certificate of occupancy guarantee shall be determined by the municipal engineer. At no time will the Township hold more than one guarantee or bond of any type with respect to the same line item. The temporary certificate of occupancy guarantee shall be released by the municipal engineer upon the issuance of a permanent certificate of occupancy with regard to the development, unit, lot, building, or phase as to which the temporary certificate of occupancy relates.
(d)
Safety and stabilization guarantee.
[1]
A developer shall furnish to the Township a safety and stabilization
guarantee, in favor of the Township. At the developer's option,
a safety and stabilization guarantee may be furnished either as a
separate guarantee or as a line item of the performance guarantee.
A safety and stabilization guarantee shall be available to the Township
solely for the purpose of returning property that has been disturbed
to a safe and stable condition or otherwise implementing measures
to protect the public from access to an unsafe or unstable condition,
only in the circumstance that:
[a]
Site disturbance has commenced and, thereafter,
all work on the development has ceased for a period of at least 60
consecutive days following such commencement for reasons other than
force majeure; and
[b]
Work has not recommenced within 30 days following
the provision of written notice by the Township to the developer of
the Township's intent to claim payment under the guarantee. The
Township shall not provide notice of its intent to claim payment under
a safety and stabilization guarantee until a period of at least 60
days has elapsed during which all work on the development has ceased
for reasons other than force majeure. The Township shall provide written
notice to a developer by certified mail or other form of delivery
providing evidence of receipt. The amount of a safety and stabilization
guarantee for a development with bonded improvements in an amount
not exceeding $100,000 shall be $5,000. The amount of a safety and
stabilization guarantee for a development with bonded improvements
exceeding $100,000 shall be calculated as a percentage of the bonded
improvement costs of the development or phase of development as follows:
$5,000 for the first $100,000 of bonded improvement costs, plus 2 1/2%
of bonded improvement costs in excess of $100,000 up to $1,000,000,
plus 1% of bonded improvement costs in excess of $1,000,000.
[2]
The Township shall release a separate safety and stabilization
guarantee to a developer upon the developer's furnishing of a
performance guarantee which includes a line item for safety and stabilization
in the amount required under this paragraph. The Township shall release
a safety and stabilization guarantee upon the municipal engineer's
determination that the development of the project site has reached
a point that the improvements installed are adequate to avoid any
potential threat to public safety.
(2)
Maintenance guarantee.
(a)
The developer shall post with the Township, prior to the release of a performance guarantee required pursuant to Subsection A(1)(a), Subsection A(1)(b), or both Subsection A(1)(a) and (b) of this section, a maintenance guarantee in an amount not to exceed 15% of the cost of the installation of the improvements which are being released.
(b)
The developer shall post with the Township, upon the inspection
and issuance of final approval of the following private site improvements
by the municipal engineer, a maintenance guarantee in an amount not
to exceed 15% of the cost of the installation of the following private
site improvements: stormwater management basins, inflow and water
quality structures within the basins, and the outflow pipes and structures
of the stormwater management system, if any, which cost shall be determined
according to the method of calculation set forth in § 15
of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4).
(c)
The term of the maintenance guarantee shall be for a period
not to exceed two years and shall automatically expire at the end
of the established term.
(3)
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 guarantee to another governmental
agency, no performance or maintenance guarantee, as the case may be,
shall be required by the Township for such utilities or improvements.
B.
The time allowed for installation of the bonded improvements for
which the performance guarantee has been provided may be extended
by the governing body by resolution. As a condition or as part of
any such extension, the amount of any performance guarantee shall
be increased or reduced, as the case may be, to an amount not to exceed
120% of the cost of the installation, which cost shall be determined
by the municipal engineer according to the method of calculation set
forth in § 15 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.4)
as of the time of the passage of the resolution.
C.
If the required bonded improvements are not completed or corrected
in accordance with the performance guarantee, 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 municipality
may either prior to or after the receipt of the proceeds thereof complete
such improvements. Such completion or correction of improvements shall
be subject to the public bidding requirements of the Local Public
Contracts Law, P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.).
D.
Completion of improvements.
(1)
Upon substantial completion of all required street improvements (except for the top course) and appurtenant utility improvements, and the connection of same to the public system, the obligor may request of the governing body in writing, by certified mail addressed in care of the municipal clerk, that the municipal engineer prepare, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to Subsection A of this section, a list of all uncompleted or unsatisfactory completed bonded improvements. If such a request is made, the obligor shall send a copy of the request to the municipal engineer. The request shall indicate which bonded improvements have been completed and which bonded improvements remain uncompleted in the judgment of the obligor. Thereupon the municipal engineer shall inspect all bonded improvements covered by obligor's request and shall file a detailed list and report, in writing, with the governing body, and shall simultaneously send a copy thereof to the obligor not later than 45 days after receipt of the obligor's request.
(2)
The list prepared by the municipal engineer shall state, in detail, with respect to each bonded improvement determined to be incomplete or unsatisfactory, the nature and extent of the incompleteness of each incomplete improvement or the nature and extent of, and remedy for, the unsatisfactory state of each completed bonded improvement determined to be unsatisfactory. The report prepared by the municipal engineer shall identify each bonded improvement determined to be complete and satisfactory together with a recommendation as to the amount of reduction to be made in the performance guarantee relating to the completed and satisfactory bonded improvement, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to Subsection A of this section.
E.
Approval of improvements.
(1)
The governing body, by resolution, shall either approve the bonded improvements determined to be complete and satisfactory by the municipal engineer, or reject any or all of these bonded improvements upon the establishment in the resolution of cause for rejection, and shall approve and authorize the amount of reduction to be made in the performance guarantee relating to the improvements accepted, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to Subsection A of this section. This resolution shall be adopted not later than 45 days after receipt of the list and report prepared by the municipal engineer. Upon adoption of the resolution by the governing body, the obligor shall be released from all liability pursuant to its performance guarantee, with respect to those approved bonded improvements, except for that portion adequately sufficient to secure completion or correction of the improvements not yet approved; provided that 30% of the amount of the total performance guarantee and safety and stabilization guarantee posted may be retained to ensure completion and acceptability of all improvements. The safety and stabilization guarantee shall be reduced by the same percentage as the performance guarantee is being reduced at the time of each performance guarantee reduction. For the purpose of releasing the obligor from liability pursuant to its performance guarantee, the amount of the performance guarantee attributable to each approved bonded improvement shall be reduced by the total amount for each such improvement, in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to Subsection A of this section, including any contingency factor applied to the cost of installation. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the Township may retain 30% of the amount of the total performance guarantee and safety and stabilization guarantee to ensure completion and acceptability of bonded improvements, as provided above, except that any amount of the performance guarantee attributable to bonded improvements for which a temporary certificate of occupancy guarantee has been posted shall be released from the performance guarantee even if such release would reduce the amount held by the Township below 30%.
(2)
If the municipal engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection D of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the municipal engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party. If the governing body fails to approve or reject the bonded improvements determined by the municipal engineer to be complete and satisfactory or reduce the performance guarantee for the complete and satisfactory improvements within 45 days from the receipt of the municipal engineer's list and report, the obligor may apply to the court in a summary manner for an order compelling, within a stated time, approval of the complete and satisfactory improvements and approval of a reduction in the performance guarantee for the approvable complete and satisfactory improvements in accordance with the itemized cost estimate prepared by the municipal engineer and appended to the performance guarantee pursuant to Subsection A of this section; and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
(3)
In the event that the obligor has made a cash deposit with the Township
or approving authority as part of the performance guarantee, then
any partial reduction granted in the performance guarantee pursuant
to this subsection shall be applied to the cash deposit in the same
proportion as the original cash deposit bears to the full amount of
the performance guarantee, provided that if the developer has furnished
a safety and stabilization guarantee, the Township may retain cash
equal to the amount of the remaining safety and stabilization guarantee.
F.
If any portion of the required bonded improvements is rejected, the
approving authority may require the obligor to complete or correct
such improvements and, upon completion or correction, the same procedure
of notification as set forth in this section shall be followed.
G.
Nothing herein, however, shall be construed to limit the right of
the obligor to contest by legal proceedings any determination of the
governing body or the municipal engineer.
H.
Inspection escrows.
(1)
The applicant shall reimburse the municipality for reasonable inspection fees paid to the municipal engineer for the foregoing inspection of improvements; which fees shall not exceed the sum of the amounts set forth in Subsection H(1)(a) and (b). The applicant shall deposit the necessary inspection fees with the Township prior to the issuance of a building permit or zoning permit. The inspection escrow shall be in addition to the amount of any required performance or maintenance guarantees, application fees and application escrows. The applicant shall post inspection fees in escrow in an amount:
(2)
For those developments for which the inspection fees total less than
$10,000, fees may, at the option of the developer, be paid in two
installments. The initial amount deposited in escrow by a developer
shall be 50% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the municipal engineer
for inspections, the developer shall deposit the remaining 50% of
the inspection fees.
(3)
For those developments for which the inspection fees total $10,000
or greater, fees may, at the option of the developer, be paid in four
installments. The initial amount deposited in escrow by a developer
shall be 25% of the inspection fees. When the balance on deposit drops
to 10% of the inspection fees because the amount deposited by the
developer has been reduced by the amount paid to the municipal engineer
for inspections, the developer shall make additional deposits of 25%
of the inspection fees.
(4)
If the municipal engineer fails to send or provide the list and report as requested by the obligor pursuant to Subsection D of this section within 45 days from receipt of the request, the obligor may apply to the court in a summary manner for an order compelling the municipal engineer to provide the list and report within a stated time and the cost of applying to the court, including reasonable attorney's fees, may be awarded to the prevailing party.
I.
In the event that final approval is by stages or sections of development pursuant to Subsection A of § 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the provisions of this section shall be applied by stage or section.
J.
To the extent that any of the improvements have been dedicated to the municipality on the subdivision plat or site plan, the municipal governing body shall be deemed, upon the release of any performance guarantee required pursuant to Subsection A of this section, to accept dedication for public use of streets or roads and any other improvements made thereon according to site plans and subdivision plats approved by the approving authority, provided that such improvements have been inspected and have received final approval by the municipal engineer.
[1]
Editor's Note: This ordinance also repealed former § 610-27,
Performance guaranties, amended 12-28-2000 by Ord. No. 34-2000.
A.
One copy of each final subdivision plan and one copy
of utility maps and street profiles received by the Secretary of the
Planning Board shall be transmitted to the Township Engineer for his
review and report to the Planning Board. Six copies of subdivision
plans and one copy of all supporting material shall be sent directly
to the Planning Board for its review.
B.
The Township Engineer shall within three weeks review
the plans and transmit such plans with a report in writing to the
Planning Board.
C.
Planning Board action shall consist of approval or
disapproval for stated reasons. Such action shall be noted or stamped
on all copies of the subdivision plan. Grounds for disapproval shall
be specified and shall be included in the resolution of such action.
D.
Distribution of copies of the subdivision plan as
finally approved shall be as follows: one copy to be retained by the
Planning Board, one copy to the Township Engineer, one copy to the
Tax Assessor, one copy to the Construction Official, one copy to the
Township Clerk for Township files and three copies to the subdivider.
The subdivider shall be responsible for filing the approved subdivision
plan with the County Clerk within 95 days after approval or such further
time as the Planning Board may determine, but not to exceed 95 days
additional.
E.
The Township Engineer shall not make his certification
on the final plan for filing at the County Clerk's office until the
Planning Board shall have approved the plans.
Preliminary site plans which have been approved as submitted by the Planning Board shall be considered final site plans and no further submission is required. Where modifications to preliminary plans are required by the Planning Board, such modifications shall be made prior to approval by the Planning Board as final plans. As a condition to final approval of site plans, the Planning Board shall require that performance guaranties be furnished in accordance with the provisions of § 610-27 hereof.
