No construction in compliance with the preliminary site plan
and subdivision approval and prior to a final site plan or subdivision
approval shall commence until the applicant shall accomplish both
of the following, where applicable:
A. Provide a restoration bond, which shall be a component of the performance
guaranty and shall be designed to assure that the property, after
disturbance, is rendered safe, including but not limited to the requirement
of stabilizing slopes in accordance with general engineering standards.
B. Provide a performance bond for work done in township or county rights-of-way,
for drainage work or such other infrastructural improvements as may
be required by the approval.
[Amended 4-27-1995 by Ord. No. 95-5]
No final major subdivision or site plan map shall be approved
by the Approving Board until one of the following conditions has been
met:
A. Complete and satisfactory installation of all items on-site and off-site,
required by the Approving Board in the public interest, to have been
installed, inspected, certified and approved by the Township Engineer
and accepted by the Township Committee and a maintenance guaranty
having been filed and accepted by the Township Committee in accordance
with the requirements of this section. These items include but are
not limited to streets, street signs, curbs, gutters, culverts, trees,
surveyors monuments, soil erosion and stormwater control measures,
water mains, storm sewers, sewage treatment plant, sanitary sewers,
dry sanitary sewers, parking lots, landscaping, drainage facilities
and such other improvements.
B. The Approving Board may condition its approval upon the posting of
a performance guaranty accepted and approved by the Township Committee
in accordance with the requirements listed below. No maps or deeds
shall be signed or filed prior to the posting of said guaranties.
(1) The cost of the installation of the items referred to in Subsection
A above shall be calculated by the Municipal Engineer according to the method of calculations set forth by statute. The Municipal Engineer shall prepare an itemized cost estimate of the improvements covered by the performance bond, which itemized cost estimate shall be appended to each performance guaranty posted by the obligor. The estimate shall be certified to by the applicant's engineer and shall be utilized for purposes of establishing the performance guaranty.
(2) The performance guaranty shall be sufficient to ensure installment of such improvements or incomplete portions thereof as estimated by the Township Engineer and assuring the installation of such incomplete improvements on or before an agreed date in accordance with the time set forth in §
11-155 below. An additional amount of 20% of the estimate of the Engineer as authorized by N.J.S.A. 40:55D-53 shall be included in the total amount of the performance guaranty. No maintenance bond shall be accepted nor shall any partial facility be accepted by the township for any item which has further stages of work to be completed or which will need to be completed or which will need to be altered or reworked in any manner due to the installation or connection of any other facility. Any improvements installed prior to final plat application that do not meet township standards shall be added to the performance guaranty.
[Amended 4-23-1998 by Ord. No. 98-3]
Performance guaranties shall remain in force until the work
for which the guaranty has been obtained is completed.
The approval of any plat under this chapter by the Approving
Board shall in no way be construed as acceptance of any street, drainage
system(s) or other improvements required by this chapter, nor shall
such plat approval obligate the township in any way to maintain or
exercise jurisdiction over such street, drainage system(s) or other
improvement. Acceptance of any street, drainage system(s) or other
improvement by the township shall be implemented only by favorable
action by the Township Committee. No improvement shall be accepted
by the Township Committee unless and until all of the following conditions
have been met:
A. Engineer's certification. The Township Engineer shall have certified,
in writing, that all the improvements are complete and that they comply
fully with the requirements of this chapter and of other applicable
local ordinances.
B. Final plat approval. The final plat shall have been approved by the
Approving Board.
C. Maintenance guaranties for improvements. All improvements required
by the Approving Board shall, before being accepted by the township,
be covered by a maintenance guaranty running in favor of the Township
of Knowlton in the amount not to exceed 15% of the cost of the improvement,
which costs shall be determined by the Municipal Engineer according
to a method of calculations set forth by statute. Said maintenance
guaranty 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 guaranty
herein required has been posted with the township.