Before the filing of final subdivision plats or the recording
of minor subdivision deeds or as a condition of final site plan approval
or as a condition to the issuance of certain zoning permits and temporary
land use permits, the Township may require, for the purpose of assuring
the installation and maintenance of certain on-tract improvements,
the furnishing of performance guarantees and the provision for maintenance
guarantees in accordance with standards contained herein.
A. Performance guarantees.
(1) The developer shall furnish a performance guarantee in favor of the Township of Clark in an amount not to exceed 120% of the cost of the installation of only those improvements required by an approval or developer's agreement, ordinance, or regulation which are proposed to be dedicated to the Township, and that have not yet been installed, which cost shall be determined by the Township Engineer. In accordance with §
195-64B, guarantees are required for the streets, pavements, gutters, curbs, sidewalks, street lighting, street trees, surveyor's monuments, water mains, sanitary sewers, drainage structures, public improvements of open space, and any grading necessitated by the improvements.
(2) The Township 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 developer.
B. Temporary certificate of occupancy guarantee. In the event that the
developer shall seek a temporary certificate of occupancy (TCO) 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 of Clark 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 an underlying performance guarantee, required
for final approval, 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 Zoning
Officer, Township Engineer, or Construction Code Official. The temporary
certificate of occupancy guarantee shall be released by the Zoning
Officer, Township Engineer, or Construction Code Official upon the
issuance of a permanent certificate of occupancy with regard to the
particular development, unit, lot, building, or phase as to which
the temporary certificate of occupancy relates.
C. Safety and stabilization guarantee. A developer shall furnish to
the Township a safety and stabilization guarantee, in favor of the
Township of Clark. 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:
(1) 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
(2) Work has not recommenced within 30 days following a written notice
from 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.
(3) 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 the bonded
improvement costs in excess of $100,000, up to $1,000,000 plus 1%
of the bonded improvement costs in excess of $1,000,000.
(4) 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 subsection.
(5) The Township shall release a safety and stabilization guarantee upon
the Township 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.
D. Maintenance guarantee. At the completion of certain required improvements
and prior to the release of any performance guarantees required pursuant
to this subsection, the developer shall post with the Township a maintenance
guarantee in an amount not to exceed 15% of the cost of the installation
of the improvements which are being released.
(1) In addition to certain required on-tract improvements, the developer
shall also post with the Township, upon the inspection and issuance
of final approval of the following private site improvements by the
Township 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
by the Township Engineer.
(2) 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
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 shall be required
by the Township for such utilities or improvements.
(4) 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 adjusted to an amount not to exceed 120% of the cost of the installation,
which cost shall be determined by the Township Engineer as of the
time of the passage of the resolution.
(5) If the required bonded improvements are not completed or corrected
in accordance with the performance guarantee, the developer 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 complete such improvements.