Borough of Westville, NJ Article V Improvements Required Prior to Approval

§ 340-12 Required improvements.

A. Prior to the granting of final approval, the subdivider shall have installed or shall have furnished performance guaranties for the ultimate installation of the following:

(1) Streets.

(a) All streets or roadways shall be constructed with either an eight-inch base of graded stone or a four-inch base of bituminous stabilized base course (stone), in accordance with the directions of the Municipal Engineer. (Before the base course is constructed, provisions for relief of subsurface drainage must be made. Approval of the same by the Municipal Engineer will be required.) The pavement shall be 2 1/2 inches of bituminous concrete, Type FABC, in two applications. The first application shall be 1 1/2 inches, followed, in accordance with the schedule of the Municipal Engineer, by a final course of one inch. Prior to the application of said final course, an inspection of the base course shall be made, and corrections shall be made to all distressed areas. All required patching material shall be bituminous concrete (FABC). All work shall be subject to periodic inspection by the Municipal Engineer, and final approval shall be recommended only upon satisfactory completion of the required work. All materials and methods of construction shall be in accordance with the New Jersey Department of Transportation specifications and amendments thereto.

[Amended 4-9-1985]

(b) The above specifications are to be regarded as minimum for the base course; if, in the opinion of the Engineer, the anticipated vehicle wheel loads will exceed the maximum allowable loads for these base courses, the thickness shall be increased as may be required.

(2) Traffic signs, street signs, pavement markings, shade trees, fire-alarm boxes and fire hydrants shall be provided at the expense of the subdivider, all such improvements to be in accordance with the standards or specifications of the Borough.

(3) Concrete curbs. Cement concrete curbs six inches by eight inches by 18 inches with a six-inch curb face shall be constructed on all collector and minor streets. Cement concrete curbs six inches by eight inches by 20 inches with an eight-inch curb face shall be constructed on all arterial streets. All concrete curbs are to be constructed with New Jersey Department of Transportation Class B concrete and shall be cured in an approved manner. All work is to be performed in accordance with the specifications and under the direction of the Municipal Engineer.

(4) Concrete sidewalks and aprons. All cement concrete sidewalks shall be at least four feet wide and four inches thick, except at driveway crossings, where the depth shall be increased to six inches. Cement concrete driveway aprons shall be six inches thick. Sidewalks are to be placed within the roadway and on both sides of the street and shall be located in accordance with the approval typical street section of the affected plan. In no case shall the sidewalks be located less than one-foot from the property or right-of-way line of the street. All concrete sidewalks and aprons are to be constructed with New Jersey Department of Transportation Class B concrete and shall be cured in an approved manner. All work is to be performed in accordance with and under the direction of the Municipal Engineer.

[Amended 4-9-1985]

(5) Streetlighting. Appropriate streetlights shall be installed where designated by the governing body.

(6) Shade trees. To be located inside the property line so as not to interfere with utilities or sidewalks; these shall be of a type approved by the Land Use Board.

(7) Topsoil protection. No topsoil shall be removed from the site or used as spoil. Topsoil moved during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding or planting.

(8) Monuments. To be of the size and shape required by N.J.S.A. 46:23-9.11 and any amendments or supplements thereto, and shall be placed in accordance with said statute.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(9) Storm sewers.

(a) The determination of sizes of pipes, storm sewer pipes and box culverts must be based on hydraulic computations. The runoff calculation must be based on the actual watershed area tributary to the structure under consideration. A minimum coefficient of 0.30 shall be used for residential and rural areas. The rational method for determination of the quantities shall be used. In general, continually flowing streams which take drainage from areas larger than 500 acres need not necessarily be carried in pipes. The channel of such streams shall be properly straightened, cleared and graded, with side slopes not steeper than three feet horizontally to one foot vertically. Streams which take drainage from 500 acres or less must be carried in storm drains. However, in cases where the Land Use Board feels that an open stream will not adversely affect the area, special consideration may be given but only after review by the Borough Engineer. Where only short lengths of pipe are involved or in locations where the Land Use Board feels that an open stream would be extremely undesirable, it may require piping even though drainage areas which exceed 500 acres. Storm drain systems shall be designed to carry all water coming to or accumulating on the tract. Storm drainage systems shall be designed on the basis of a two-year frequency, except at low points where the only relief of accumulated water is provided by the storm sewer, in which case a five-year or greater frequency may be required. Box culverts at stream crossings shall be designed on the basis of a fifteen-year frequency. In general, self-cleaning grades shall be designed for all pipes so that a minimum velocity of 2.5 feet per second will be obtained when the pipe is flowing 1/4 full. Drainage calculations must be submitted to the Municipal Engineer for all proposed storm sewer systems and box culverts. The developer shall also submit, with the subdivision plans, adequate information relative to soil conditions and subsurface water conditions with results of percolation tests performed in accordance with the requirements for the same. Drainage areas affecting said subdivision shall be clearly indicated and supported with adequate calculations.

(b) The minimum pipe size shall be 15 inches and shall be reinforced concrete pipe or an acceptable equivalent and shall only be used for storm drain runs of 50 feet or less in length. All other pipe shall be a minimum of 18 inches. Inlets shall be spaced so that the run of water in gutters does not exceed 800 feet or one block. Manholes or inlets shall be placed wherever a change in grade or alignment of a storm drain occurs but, in any case, not more than 500 feet apart. Where pipe sizes are increased, the invert of the larger pipe shall be dropped so that the tops of the pipes will be at the same elevations. In general, all storm sewers shall have a minimum cover of two feet. Outlet pipes shall extend to the edge of existing streams and must have a concrete headwall on the end of all pipes. Underdrains or combination storm sewer and underdrain must be constructed where groundwater interferes with the stability of the road base or with development construction. The minimum pipe size for underdrains shall be 12 inches.

[Amended 4-9-1985]

(c) Subgrade drains shall consist of a trench filled with aggregate placed at right angles with the roadway. A six-inch pipe stub shall be constructed in each inlet as an outlet for the subgrade cross drains. Subgrade cross drains shall be constructed in accordance with the plans, details of which facilities shall be submitted with the plans.

(10) Sanitary sewer. All sanitary sewer systems, sewerage and other special waste drain work shall comply with the rules and regulations as established by the Department of Health and Senior Services of the State of New Jersey, as amended and revised to date. Sanitary sewer flow computations shall be based on full flow from the tract to be subdivided. Where necessary for other future developments in other than the subject area, the Borough may require larger pipe diameter through the subject tract.

(11) Water supply. All water supplies and water treatment works shall comply with the rules and regulations established by the Department of Health and Senior Services of the State of New Jersey, as amended and revised to date. Water mains shall be sized for adequate delivery of pressure and volume. Water lines whose only basic function is to serve adjacent property should be six inches in diameter. Lines which serve as feeder lines to several other streets should be eight inches in diameter. Lines which interconnect sources of supply or storage or future extension lines should be 10 inches in diameter or larger as may be required by the Borough.

B. All of the above-listed improvements shall be subject to the review and approval, as to adequacy of design, of the Municipal Engineer and Superintendent of Water and Sewer. The construction and installation of said improvements shall be subject to the inspection and approval of these agencies, who shall be notified by the developer at least 24 hours prior to the start of construction. When possible, said notification should be in writing. No underground installation shall be covered until inspected and approved.

§ 340-13 Completion of improvements; guarantees.

[Amended 6-13-2018 by Ord. No. 12-2018]

A. Performance guarantees.

(1) No final plat shall be approved by the Land Use Board until the completion of all such required improvements has been certified to the Land Use Board by the Borough Engineer and Superintendent of Water and Sewer, unless the subdivision owner has furnished a performance guarantee in favor of the Borough of Westville 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 Borough Engineer, according to the method of calculation set forth in Section 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, streetlighting, street trees, surveyor's monuments [as shown on the final map and required by the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.)] or N.J.S.A. 46:26B-1 through 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, and within an approved phase or section of a development, privately owned perimeter buffer landscaping. At the developer's option, a separate performance guarantee may be posted for the privately owned perimeter buffer landscaping.

(2) 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 Borough 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) 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 Zoning Officer, Borough Engineer, or other Borough official designated by the Borough Council. At no time may the Borough 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 Zoning Officer, Borough Engineer, or other Borough official designated by the Borough Council 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.

(3) Safety and stabilization guarantee.

(a) In addition to a performance guarantee required pursuant to Subsection A(1) of this section, a developer shall furnish to the Borough a separate guarantee, referred to as a "safety and stabilization guarantee," in favor of the Borough to be available to the Borough 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 the provision of written notice by the Borough to the developer of the Borough's intent to claim payment under the guarantee. The Borough 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 Borough shall provide written notice to the developer by certified mail or other form of delivery providing evidence of receipt.

(b) 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:

[1] Five thousand dollars 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.

(c) The Borough shall release a separate safety and stabilization guarantee to the 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. The Borough 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.

(4) No more than 10% of the total performance guarantees shall be in cash, and the balance shall be in the form of a surety bond issued by a bonding company licensed to do business in the State of New Jersey and rated A+ or better by A.M. Best or a letter of credit issued by a banking institution licensed to do business in the State of New Jersey. Such bond or letter of credit must be approved and accepted by the Borough governing body. The Borough Engineer shall review the improvements required by the reviewing board which are to be bonded and itemize their cost. This itemization shall be the basis for determining the amount of the performance guarantees required by the Borough and the inspection fees required by this Code. The Borough Engineer shall forward his/her estimate of the cost of improvements to the applicant within 30 days after the date of receipt of a request sent by certified mail for this estimate. Any performance guarantee delivered to the Borough Clerk pursuant to this section shall be for an initial term of not less than two years, shall provide for automatic one-year renewals and shall only be terminable on the date of expiration, either of the original period or any renewal period, upon not less than 60 days' advanced written notice. In the event that any of the improvements to be installed are covered by a performance guarantee to another governmental agency, no performance guarantee shall be required from the Borough for such improvements.

(5) If, at any time during the period of time between acceptance of the initial performance guarantee and the date the Borough Council formally releases such performance guarantee, the Borough Council has reasonable cause to doubt the value, legality, enforceability or effectiveness of such guarantee, all development activity for which such guarantee was established shall be discontinued until such time as a substitute guarantee, in form and substance equivalent to the guarantee which was required to be in place at the time the status of the original guarantee was questioned, shall be delivered to and accepted by the Borough Council. By way of illustration and not limitation, the following shall be instances of reasonable cause to doubt the value, legality, enforceability or effectiveness of such guarantees:

(a) The company issuing the bond shall cease to do business, declare insolvency or bankruptcy or be forced into involuntary bankruptcy.

(b) The bank, savings and loan, credit union, mortgage banking company or other banking or banking-like entity issuing a letter of credit shall become insolvent, be taken over by any governmental or quasi-governmental agency or company or otherwise cease to do business.

(c) The issuer of any performance guarantee shall serve on the Borough notice of termination or cancellation of such guarantee.

(6) The amount of any performance guarantee may be reduced by the Borough Council, by resolution, when portions of the improvements have been certified by the Borough Engineer to have been completed. The time allowed for installation of the improvements for which the performance guarantee has been provided may be extended by the Borough Council by resolution. If the sum of the approved bonded improvements would exceed 70% of the total amount of the performance guarantee, then the Borough may retain 30% of the amount of the total performance 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 Borough below 30%.

(7) If the required improvements are not completed or corrected in accordance with the finally approved development plans and approvals, the obligor and surety shall be liable thereon to the Borough for the reasonable cost of the improvements not completed or corrected, and the Borough, either prior to or after the receipt of the proceeds of the performance guarantee, may complete such improvements.

(8) When all of the required improvements have been completed, the obligor shall notify the administrative officer, in writing, by certified mail, with a copy to the Municipal Clerk, of the completion of such improvements and shall send a copy thereof to the Borough Engineer. Upon receipt of this notice, the Borough Engineer shall inspect all of the improvements and shall file a detailed report, in writing, with the administrative officer, indicating approval, partial approval or rejection of the improvements with a statement of reasons for rejection. If partial approval is indicated, the cost of the improvements rejected shall be set forth. The Borough Engineer shall have 45 days to inspect all of the improvements and to file a detailed report, in writing, with the administrative officer indicating approval, partial approval or rejection of the improvements with a statement of reasons for rejection.

(9) The Borough Council shall either approve, partially approve or reject the improvements on the basis of the report of the Borough Engineer and shall notify the obligor, in writing, by certified mail, of the contents of the Borough Engineer's report and the action of the Borough Council with relation thereto not later than 45 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 the performance guarantee except for that portion adequately sufficient to secure completion of the improvements not yet approved. Failure of the Borough Council to send or provide such notification to the obligor within 45 days shall be deemed to constitute approval of the improvements and the obligor and surety, if any, subject to the requirements of Subsection B, shall be released from all liability pursuant to such performance guarantee.

(10) If any portion of the required improvements is rejected, the obligor shall complete such improvements, and, upon completion, the same procedure of notification as set forth in this section shall be followed.

(11) The obligor shall reimburse the Borough for all reasonable inspection fees paid to the Borough Engineer for the foregoing inspection of improvements, pursuant to Subsection B below.

B. Maintenance guarantees.

(1) As a condition of the final release of all performance guarantees posted by an applicant with respect to any development approval within the Borough, and/or as identified in Subsection A(1), (2) or (3), the applicant shall deliver to the Borough Clerk, for the purpose of assuring that all improvements installed in accordance with such development approval have been installed in a good and workmanlike manner and that all materials are fit for their intended purpose, a maintenance guarantee in accordance with the following standards:

(a) The maintenance guarantee shall be for a period of two years commencing on the date that the Borough Council finally accepts the improvements as being complete, in an amount not to exceed 15% of the total cost of the installation of the improvements as set forth on the Borough Engineer's estimate for such improvements completed with Subsection A.

(b) The developer shall post with the Borough, upon the inspection and issuance of final approval of the following private site improvements by the Borough 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 Borough Engineer according to the method of calculation set forth in Section 15 of P.L. 1991, c. 256.

(c) In the event that other governmental agencies or public utilities automatically will own the utilities or improvements which are installed or the improvements are covered by a maintenance guarantee provided by the applicant to another governmental agency, no maintenance guarantee in favor of the Borough shall be required for such utilities or improvements. Such maintenance guarantee shall be in the form of a surety bond issued by a surety licensed to do business in the State of New Jersey and rated A+ or better by A.M. Best or a letter of credit issued by a banking institution licensed to do business in the State of New Jersey. Such maintenance guarantee shall be approved and accepted by the Borough Council.

(d) If, at any time prior to the expiration of the maintenance guarantee, the Borough Council has reasonable cause to doubt the value, legality, enforceability or effectiveness of such guarantee, the obligor must deliver to the Borough Clerk a substitute guarantee, equivalent to the guarantee which was required to be in place at the time the status of the original guarantee was questioned. By way of illustration and not limitation, the following shall be instances of reasonable cause to doubt the value, legality, enforceability or effectiveness of such guarantees:

[1] The company issuing the bond shall cease to do business, declare insolvency or bankruptcy or be forced into involuntary bankruptcy.

[2] The bank, savings and loan company, credit union, mortgage banking company or other banking or banking-like entity issuing a letter of credit shall become insolvent, be taken over by any governmental or quasi-governmental agency or company, or otherwise cease to do business.

(2) If the Borough determines that any improvements which are covered by such maintenance guarantee have not been completed in a good and workmanlike manner, or that any materials which were incorporated into such improvements are not fit for their intended purpose and the obligor, under such maintenance guarantee, has not corrected the improvements to the satisfaction of the Borough Engineer within 30 days after written notice of such defect, the obligor and the surety shall be liable on such guarantee to the Borough for the reasonable cost of correcting and/or replacing such improvements, and the Borough, either prior to or after the receipt of the proceeds of such guarantee, shall have the right, but not the obligation, to complete corrective work or replacements of such improvements which may be required.