[Adopted 12-16-2014 by Ord. No. 1611]
There is hereby established Franklin Lakes Sewer District No.
1, said district to be operated under the Franklin Lakes Sewer Utility
and shall incorporate and service those properties described in Exhibit
A.[1]
[1]
Editor's Note: Said Exhibit A is on file in the Borough offices.
Franklin Lakes Realty LLC, a limited liability corporation formed
under the laws of the State of New Jersey, with its principal place
of business at 1090 Bristol Road, Mountainside, New Jersey (hereinafter
referred to as the "developer"), is hereby authorized to install a
sanitary sewer line from its property located at 556 Colonial Road,
Franklin Lakes, New Jersey on Colonial Road to a trunk line owned
by Northwest Bergen Utilities Authority at the intersection of Colonial
Road and Franklin Avenue in the Borough of Franklin Lakes.
Said sanitary sewer line to be installed by the developer shall
be installed in accordance with the plans prepared by T&M Associates
entitled "Amended Preliminary/Final Site Plan, Lot 2, Block 1411,
Borough of Franklin Lakes, Bergen County, New Jersey" dated July 1,
2011, revised through August 12, 2014, and in accordance with any
subsequent modifications to said plans, and in accordance with any
directions received in writing from Boswell Engineering, and as said
plans have been approved by Boswell Engineering (hereinafter referred
to as the "plans"). Said sewer line is to include, to the extent required
by the plans together with any required laterals, force mains, pumping
stations, and other appurtenances shown on the plans. Said authorization
shall require installation of the line and other appurtenances, all
in accordance with the plans and any subsequent directives, instructions,
and requirements imposed by the Borough or by its agent, Boswell Engineering.
The developer shall initially bear the entire cost and expense
of the installation of said line and other appurtenances as required
by the plans or any other directions provided by the Borough or its
agents including required amendments to plans, applications for approval
for the line to any municipal, county, state, or federal agency, any
and all engineering, leasing, or other expenses incurred by the Borough
in any way related to said line. In the event that one or more of
the properties described on Exhibit A, excepting the Developer's property
at 556 Colonial Road, are connected to said line, a connection fee
shall be paid by the property owner to the Borough in the amount of
$8,000. From this connection fee the Borough shall pay to Franklin
Lakes Realty the sum of $7,500 per dwelling unit as reimbursement
for that dwelling unit's reasonable share of the cost of the line.
A.
Compliance. Said sewer improvement as shown on the plans shall conform
to all federal, state, county, and municipal standards governing the
construction, installation, operation, and maintenance of municipal
sanitary sewers and the components thereof; no portion of the sewer
improvement shall be constructed without the Borough Engineer and
all other public governmental authorities with approval jurisdiction
having first approved the record drawings; and no additional or extended
element thereof shall be installed or constructed unless and until
the previously installed or constructed segment shall have been inspected
and so approved.
B.
Staged construction. The improvements described herein shall all
be installed in accordance with a schedule and timing established
by the Borough, and if reasonable, the Borough may require that construction
be staged.
C.
Backfilling. No excavated area shall be backfilled without prior
approval by the Borough Engineer of both the excavation and the installation
therein.
The developer shall backfill and restore each street opened
by it to a condition which conforms to Borough street improvement
standards as soon as feasible after installation of the sewer improvement
and the inspection and approval thereof by the Borough Engineer; and
it shall promptly repair any damage to adjacent properties which was
caused by the excavation or backfill performed during the installation
of the sewer improvement. For purposes of this article, the restoration
requirement shall not apply to any subsequent street openings occasioned
by future lateral connections into the sewer improvement made by adjacent
property owners other than the developer, except as otherwise provided
herein. Further, for purposes of this article, restoration to Borough
street improvement standards will not oblige the developer to widen
rights-of-way, or install curbing where none presently exists.
The developer shall provide to the Borough:
A.
A surety performance bond in the penal sum of $2,000,000 conditioned
upon satisfactory installation and construction of the sewer improvement
of the public streets and roads, and of any private property damaged
by the said installation and construction.
B.
A five-year surety maintenance bond in the penal sum of $1,000,000
conditioned upon satisfactory repair and maintenance of the said streets
and roads for a two-year period following restoration thereof. The
surety shall be subject to approval of the Borough Council, and the
form of each bond shall be subject to the approval of the Borough
Attorney. With the approval of the Borough, however, the developer
may provide equivalent substitute security and collateral.
A.
The developer shall bind itself by a developer's agreement to complete
the construction and installation of the sewer line improvement within
a period of 90 days from its commencement. The commencement to be
determined by the Borough.
B.
The developer shall be obliged to maintain and to repair the sewer
improvement and the street restorations for a period of two years
next following the completion of each restoration, the date of such
completion to be the date upon which the Borough Engineer has certified
that the restoration has been satisfactorily completed.
The developer shall be solely responsible for complying with
all legally required and generally recognized safety precautions and
procedures in constructing, installing, and maintaining the sewer
improvements including, but not limited to, periodic inspections,
adequate installation and maintenance of traffic control devices and
lighted barriers, and the sheeting and de-watering of trenches. Such
precautions and procedures shall be conducted so as to minimize inconvenience
to the public and disruption of traffic. Except for acts of negligence
by the Borough, its elected and appointed officials, agents, officers,
and employees, the developer shall indemnify and hold harmless the
Borough, its elected and appointed officials, agents, officers, and
employees from all claims arising out of the installation, construction,
and maintenance of the sewer improvement.
Upon completion of the sewer improvement within the period limited by § 390-32A hereinabove, final approval thereof by all governmental authorities having such approval jurisdiction (including without limitation the Borough Engineer) and acceptance by the Borough, the developer shall furnish to the Borough a complete and accurate set of record drawings thereof depicting the sewer improvement as built, with accurate locations of all of the elements thereof.
Legal and equitable title to the sewer improvement described
herein shall, upon completion thereof and approval by the Borough
Engineer, be vested irrevocably in the Borough. The developer shall
provide to the Borough a deed and other necessary and relevant documents
requested by the Municipal Attorney necessary to accomplish transfer
of all right, title, and interest in the sewer improvement to the
Borough of Franklin Lakes. The cost of said preparation of documents,
and any normal filing fees, shall be paid by the developer.
A.
Each owner of property fronting on each street and road wherein any
portion of the sewer improvement shall have been installed shall have
the option, but not the obligation, to connect, at such owner's sole
cost and expense, to the sewer line.
B.
In the event such a property owner shall elect to connect to the
sewer improvement, such owner shall be obligated to pay to the Borough
a fee equal to such owner's fair share of the cost of the sewer improvement,
and of lateral lines constructed from the trunk line to the right-of-way
line, as well as the expenses of administration, compensatory portions
thereof to be allocated first for reimbursement to the Borough its
expenses of administration not otherwise reimbursed by the developer,
then second, to the Borough for reimbursement to the developer its
aliquot portion of the initial expense incurred by it in constructing
the sewer improvement. In the event that a property owner shall elect
to connect to the sewer improvement, that owner shall immediately
repair any damage caused by the owner to the sewer improvement, and
restore any pavement, curb, sidewalk, and tree in the Borough right-of-way,
to such condition as complies with Borough standards for street and
road construction.
C.
In no event shall the Borough be liable for any cost or charge which
might otherwise be incurred in connection with the sewer improvement,
the connection charge, or any administrative or judicial proceeding
arising therefrom; and except for acts of negligence by the Borough,
its agents, servants, and/or employees, the developer shall defend
the Borough with counsel of the Borough's choosing and indemnify and
hold the Borough harmless therefrom.
This article shall not be effective unless and until the developer
and the Borough shall have executed a binding agreement incorporating
all of the provisions hereof, and providing as well for reimbursement
by the Developer to the Borough of all of the Borough's reasonable
engineering, legal, and other expenses incurred in the implementation
of the sewer improvement project.
This article shall take effect when passed following its second and final reading, its publication according to law, and the execution of the agreement to which reference is made in § 390-36 hereinabove.
