As used in this article, the following terms shall have the
meanings indicated:
The Borough of Palmyra Planning Board.
The Borough of Palmyra.
A.
The provisions of N.J.S.A. 40:55D-53, Guarantees required; surety;
release, are hereby adopted in entirety.
B.
Requirements for application to release any guarantees or portions
thereof.
(1)
Before releasing any guarantees or portions thereof, the following
items shall be submitted to the governing body.
(a)
An as-built plan and profiles of all utilities and roads with
a certification as to the actual construction, the same to be approved
by the Borough Engineer. One copy of each shall be sent to the Clerk
and the Borough Public Works Department and a Mylar or similar copy
to the Borough Engineer.
(b)
A statement or affidavit from the developer that there are no
liens or other legal encumbrances on any of the improvements or utilities
proposed to be deeded to the Borough.
(c)
A statement from the Borough Engineer that all utilities and
improvements required by the Planning Board have been installed and
completed in accordance with applicable Borough ordinances.
(d)
A maintenance bond as provided herein.
(e)
Deeds, free and clear of all encumbrances, for all streets,
public easements, drainage and conservation easements, on the lands
dedicated to public use and any improvements to be dedicated or deeded
to the Borough or other public agency.
(f)
A certification from the applicant's engineer that improvements
relating to water supply, sanitary sewers, stormwater management,
soil erosion and sediment control have been constructed, installed
and are operating in accordance with approved plans.
C.
The provisions of N.J.S.A. 40:55D-53.1, Disposition of required deposits,
are hereby adopted in entirety.
D.
The provisions of N.J.S.A. 40:55D-53.2, Payments to professionals
serving municipality; deposits toward expenses, are hereby adopted
in entirety.
E.
The provisions of N.J.S.A. 40:55D-53.3, Limits on cash requirements
for performance and maintenance guarantees, are hereby adopted in
entirety.
F.
The provisions of N.J.S.A. 40:55D-53.4, Estimate of cost for installation
of improvements; appeal, are hereby adopted in entirety.
A.
Building permits. A building permit shall not be issued until all
on-site improvements have been installed, except for the finish course
of the road and monuments and trees, provided that the Borough Engineer
warrants that it is in the Borough's interest to delay completion
of the road, monuments and trees until after the subdivider has completed
construction of dwellings and structures. The maintenance guarantee
required hereafter shall not begin until the finish course of road,
monuments and trees have been installed.
B.
Certificates of occupancy. No certificate of occupancy shall be issued
unless all inspection and other fees due to the Borough have been
paid and an approved water meter has been installed where applicable.
In addition, no certificate of occupancy shall be issued unless all
other improvements required by this section have been installed, unless
one of the exceptions below is applicable:
(1)
A certificate of occupancy may be issued if all improvements have
been installed except the finish course of the road and the Borough
Engineer warrants that completion of the road is in the Borough's
interest after the subdivider has completed construction of dwellings
and structures. The maintenance guarantee required hereafter shall
not begin until the finish course has been installed.
(2)
The Planning Board may also authorize the issuance of a temporary
certificate of occupancy if the following improvements have been bonded
but not yet installed: landscaping, sidewalks, other similar improvements.
Prior to the issuance of more than 50% of the certificates of occupancy
for a subdivision, all improvements shall have been constructed or
installed.
C.
Borough acceptance.
(1)
The governing body shall not accept any road or other improvement
into the municipal road system or for municipal ownership until the
maintenance bond has been posted and all deficiencies are corrected
or repaired. The Borough may, however, undertake to remove snow and
perform other municipal services as may be required on the roads prior
to final acceptance if the developer presents a written request to
the governing body and agrees in said request to hold the Borough
harmless for any damages to the roads or public improvements caused
by snow removal or other municipal activities.
(2)
The governing body need not accept any roads or other improvements
if the roads or other improvements will be used by the developer to
complete other portions of the development.
(3)
If the Planning Board includes as a condition of approval of an application
for development the installation of streetlighting on a dedicated
public street connected to a public utility, then upon notification
in writing by the developer to the Planning Board and Borough Council
that the streetlighting on a dedicated public street has been installed
and accepted for service by the public utility and that certificates
of occupancy have been issued for at least 50% of the dwelling units
and 50% of the floor area of the nonresidential uses on the dedicated
public street or portion thereof indicated by section pursuant to
Section 29 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-38), the Borough
shall, within 30 days following receipt of the notification, make
appropriate arrangements with the public utility for, and assume the
payment of, the costs of the streetlighting on the dedicated public
street on a continuing basis. Compliance by the Borough of Palmyra
with the provisions of this section shall not be deemed to constitute
acceptance of the street by the Borough of Palmyra.
Performance and maintenance guarantees shall be provided by
a variety of means including, but not limited to, the following:
A.
Security bond. The applicant may obtain a security bond from a surety
bonding company authorized to do business in the State of New Jersey.
B.
Letter of credit. The applicant may provide an irrevocable letter
of credit pursuant to N.J.S.A. 40:55D-53.5 from a bank or savings
institution authorized to do and doing business in the State of New
Jersey.
C.
Escrow account. The applicant shall deposit cash, or other instruments
readily convertible into cash at face value, either with the Borough
or in escrow with a bank.
D.
Property. The applicant may provide as a guarantee land or other
property under an agreement approved by the Borough Solicitor.
E.
Subdivision improvement guarantee. An applicant may provide as a
guarantee a subdivision improvement agreement between the applicant,
lender, and Borough.
Developers shall be required, as a condition for approval of
a subdivision or site plan, to pay their pro rata share of the cost
of providing reasonable and necessary street improvement and water,
sewerage and drainage facilities and easements therefor located outside
the property limits of the development but necessitated or required
by construction or improvements within said development. The following
criteria shall be utilized in determining a developer's proportionate
or pro rata share of necessary off-tract improvements.
A.
Improvements to be constructed at sole expense of applicant. In cases
where the reasonable and necessary need for an off-tract improvement
or improvements is necessitated or required by the proposed development
application and where no other property owner receives a special benefit
thereby, the applicant may be required, as a condition of approval,
at the applicant's sole expense, to provide for and construct such
improvement as if such were a nontract improvement, in the manner
provided hereafter and otherwise provided by law.
B.
Other improvements. In cases where the need for any off-tract improvement
is necessitated by the proposed development application and where
it is determined that properties outside the development will also
be benefited by the improvement, the following criteria shall be utilized
in determining the developer's proportionate share of such improvements:
(1)
Sanitary sewers. For distribution facilities, including the installation,
relocation or replacement of collector, trunk and interceptor sewers
and the installation, relocation and replacement of other appurtenances
associated therewith, the applicant's proportionate share shall be
computed as follows:
(a)
The capacity and the design of the sanitary sewer system shall
be based on Rules and Regulations for the Preparation and Submission
of Plans for Sewage Systems, New Jersey Department of Environmental
Protection and Energy and all Borough sewer design standards, including
infiltration standards, and all other stormwater drain standards.
(b)
Developer's pro rata share.
[1]
The capacity of the existing system to service the entire improved
drainage area shall be computed. If the system is able to carry the
total developed drainage basin, no improvement or enlargement cost
will be assigned to the developer. If the existing system does not
have adequate capacity for the total developed drainage basin, the
prorated enlargement or improvement share shall be computed as follows
(where "gpd" means gallons per day):
|
Total enlargement or improvement cost
Developer's cost
|
=
|
Total tributary gpd
Development gpd
|
[2]
If it is necessary to construct a new system in order to service
the development, the prorated enlargement share to the developer shall
be computed as follows:
|
Total project cost
Developer's cost
|
=
|
Total tributary gpd
Development tributary gpd
|
[3]
The plans for the improved system or extended system shall be
prepared by developer's engineer. All work shall be calculated by
the developer and approved by the Sewer Engineer, or in lieu thereof,
the Borough Engineer.
(2)
Water supply. The applicant's proportionate share of water distribution
facilities including the installation, relocation or replacement of
water mains, hydrants, valves, and associated appurtenances shall
be computed as follows:
(a)
The capacity and the design of the water supply system shall be based on the standards specified in Article V of this chapter.
(b)
The Borough Engineer shall provide the applicant with the existing
and reasonably anticipated capacity limits of the affected water supply
system in terms of average demand, peak demand, and fire demand.
(c)
If the existing system does not have adequate capacity as defined
above to accommodate the applicant's needs, the pro rata shares shall
be computed as follows:
|
Total cost of enlargement
or improvement
Developer's cost
|
=
|
Capacity of enlargement
or improvement (gpd)
Development-generated or improvement cost
gallons per day to be
accommodated by the enlargement or improvement
|
(3)
Roadways. For street widening, alignment, channelization of intersections,
construction of barriers, new or improved traffic signalization, signs,
curbs, sidewalks, trees, and utility improvements uncovered elsewhere,
the construction or reconstruction of new or existing streets and
other associated streets or traffic improvements, the applicant's
proportionate cost shall be determined as follows:
(a)
The Borough Engineer shall provide the applicant's engineer
with the existing and anticipated peak-hour flows for the off-tract
improvement.
(b)
The applicant shall furnish a plan for the proposed off-tract
improvement, which shall include the estimated peak-hour traffic generated
by the proposed development. The ratio of the peak-hour traffic generated
by the proposed development to the future peak-hour traffic shall
form the basis of the proportionate share. The prorated share shall
be computed as follows:
|
Total cost of the roadway
improvement and/or
Developer's cost
|
=
|
Future peak-hour traffic
Future peak-hour traffic
generated by the development
|
(4)
Drainage improvements. For stormwater and drainage improvements,
including the installation, relocation or replacement of storm drains,
culverts, catch basins, manholes, rip rap or improved drainage ditches
and appurtenances thereto and the relocation or replacement of other
storm drainage facilities or appurtenances associated therewith, the
applicant's proportionate share shall be determined as follows:
(a)
The capacity and the design of the drainage system to accommodate stormwater runoff shall be based on the standards of Article V of this chapter and shall be computed by the developer's engineer and approved by the Borough Engineer.
(b)
The capacity of the enlarged, extended or improved system required
for the development and areas outside of the developer's tributary
to the drainage system shall be determined by the developer's engineer,
subject to approval to the Borough Engineer. The plans for the improved
system shall be prepared by the developer's engineer and the estimated
cost of the enlarged system calculated by the Borough Engineer. The
prorated share for the proposed improvement shall be computed as follows
(where "cfs" stands for cubic feet per second):
|
Total enlargement or improvement
cost of drainage facilities
Developer's cost
|
=
|
Total tributary cfs
Development cfs
|
(5)
Other improvements. The applicant's proportionate share of other
capital improvements shall be computed as follows:
|
Total cost of enlargement
or improvement
Developer's cost
|
=
|
Capacity of enlargement
or improvement
Development share of
enlargement or improvement
|
C.
Escrow accounts. Where the proposed off-tract improvement is to be
undertaken at some future date, the monies required for the improvement
shall be deposited to the credit of the Borough in a separate account
until such time as the improvement is constructed. If the off-tract
improvement is not begun within 10 years of deposit, all monies and
interest shall be returned to the applicant.
D.
Computation of pro rata share. In any case in which an applicant
shall not provide the approving authority with the estimates of a
traffic consultant and/or consulting engineer with regard to estimated
improvement costs and all other information necessary to proportion
costs, the approving authority may rely on the estimates of the Borough
Engineer in order to prorate costs.
A.
General provisions. Prior to the granting of final approval, the
developer shall have installed improvements required by the Planning
Board or have posted a performance guarantee or surety sufficient
to cover the cost of said improvements. The Planning Board may solicit
local, county, state, federal, public or semipublic agencies and knowledgeable
individuals on what improvements shall be required. Improvements recommended
by other agencies, such as a utilities authority, county, state or
other governmental agencies, may be required by the Planning Board
as a condition of final approval. The following construction standards
and improvements are necessary to protect the health, safety, welfare
and convenience of the residents and public, as well as needed to
meet local, county, regional, state and national goals and objectives.
It is recognized, however, that in peculiar situations all of the
improvements listed below may not be appropriate or needed.
(1)
Borough standards.
(a)
All standards and specifications of the Borough as now or hereafter
adopted and applicable ordinances shall govern the design, construction
and installation of all improvements.
(b)
Failure of the developer, his contractor or agent to conform
to said specifications shall be just cause for the suspension of the
work being performed. No developer shall have the right to demand
or claim damages from the Borough, its officers, agents or servants
by reason of said suspension.
(2)
Other standards.
(a)
In the event that the Borough has not adopted standards for
a specific type of improvement, then generally accepted engineering
standards as set forth in engineering and construction manuals, as
may be approved and modified by the Borough Engineer for a specific
situation, shall be used.
(b)
Gas, electric, telephone and similar utilities shall be installed
in accordance with applicable company, state and federal requirements.
(3)
Grades. All construction stakes and grades shall be set by a licensed
land surveyor in the employ of the subdivider, developer or contractor.
One copy of all cut sheets, signed by a land surveyor or professional
engineer, shall be filed with the Borough Engineer 48 hours prior
to the commencement of any construction.
(4)
Inspection. Prior to the start of the construction or installation
of such improvements, the developer shall advise the Borough Engineer
48 hours prior to the commencement of such work. No underground installation
shall be covered until inspected and approved by the appropriate official.
If, during installation of any of the required improvements, the developer
fails to meet specification requirements or to correct unacceptable
work, the developer shall be notified in writing, by certified mail,
that the developer has failed to comply with specifications or to
correct unacceptable work properly and said notice shall set forth
in detail what has not been properly installed. If within 10 days
after mailing of such notice the developer has failed to perform in
accordance with the notice, the Borough shall then cause the notice
of failure to comply to be served upon the developer and a copy shall
be sent to the governing body and the Planning Board.
B.
Site conditions.
(1)
During construction, the site shall be maintained and left each day
in a safe and sanitary manner, and any condition which could lead
to personal injury or property damage shall be immediately corrected
by the developer upon an order by the Construction Official, Administrative
Officer or other authorized personnel.
(2)
Developed areas shall be cleared of all stumps, litter, rubbish,
brush, weeds, dead and dying trees, roots and debris, and excess or
scrap building materials shall be removed or destroyed immediately
upon the request of and to the satisfaction of the Construction Official
and Administrative Officer prior to issuing an occupancy permit.
(3)
No topsoil shall be removed from the site or used as spoil unless
approved by the Borough Engineer. At least six inches of topsoil shall
be provided within 25 feet of the structure or paved areas and appropriately
landscaped. All non-hard-surfaced areas of the site or those portions
without structures shall be stabilized by seeding or planting to prevent
soil erosion. Areas where vegetation has been removed or the surface
has been disturbed and which constitute a potential soil erosion problem
shall be appropriately stabilized to the satisfaction of the Borough
Engineer.
(4)
Changes in elevation.
(a)
No change shall be made in the elevation or contour of any lot
or site by the removal of earth to another lot or site other than
as shown on an approved preliminary plat.
(b)
Minimal changes in elevations or contours necessitated by field
conditions may be made only after approval by the Borough Engineer.
All said changes necessitated by field conditions shall be shown on
the final plat and indicated as a change from the preliminary or if
final approval has been granted, said changes shall be shown on the
as-built plans.
(5)
Temporary improvements. Prior to or during construction, the Borough
Engineer may require the installation or construction of improvements
to prevent or correct temporary conditions on the site which could
cause personal injury, damage to property or constitute a health hazard.
These conditions may result from erosion and landslide, flooding,
heavy construction, traffic, creation of steep grades and pollution.
Improvements may include berms, mulching, sediment traps, detention
and retention basins, grading, plantings, retaining walls, culverts,
pipes, guard rails, temporary roads and others appropriate to the
specific condition. All temporary improvements shall remain in place
and in operation until otherwise directed by the Borough Engineer.
